The following Terms and Conditions of Service apply to all products and services provided by Marcomedia Solutions (London) Limited
(the “Company”). All work is carried out by the Company on the understanding that the client has agreed to the Company’s terms and
conditions. Copyright is retained by the Company on all design work including words, pictures, ideas, visuals and illustrations
(unless specifically released in writing) and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by the Company as fulfilling the contract. All other designs
remain the property of the Company, unless agreed in writing that this arrangement has been changed.
At the time of proposal, the Company will provide the customer with a written estimate or quotation. The Terms and Conditions can be
read on the Company’s website. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance
and should be returned to the Company. Alternatively, the client may send an official order (including acceptance by way of email) in reply to
the estimate or quotation which binds the client to accept the Company’s terms and conditions. No work on a project will commence until acceptance of the written estimate or quotation has been received by The Company.
Charges for design services to be provided by the Company, will be set out in the written estimate or quotation that is provided to the customer.
At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until the Company has received this amount. The Company reserves the right to amend the amount of deposit required.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Invoice at the same time as the final publication. At this time the remainder of the amount due (if any)
will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount. Payments may be made by cash, cheque or electronic funds transfer to the bank account stated on the related invoice.
Publication and/or release of work done by the Company on behalf of the client, may not take place before cleared funds have been received.
Returned cheques will incur an additional fee of £50 per returned cheque. The Company reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. The Company shall be considered entitled to remove the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay the Company reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to the Company for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by The Company on behalf of the customer, will remain the property of the Company and/or it’s suppliers. The customer may request in writing from the Company, the necessary permission to use materials (for which the Company holds the copyright) in forms other than for which it was originally supplied, and the Company may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to the Company, the customer grants the Company permission to use this material freely in the pursuit of the design. Should the Company, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow the Company to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold the Company free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The customer also agrees that the Company holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by the Company, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of the Company and any of it’s relevant sub-contractors. All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. The Company will not be held responsible for any and all damages resulting from such claims. The Company is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold the Company responsible for any such loss or damage. Any claim against The Company shall be limited to the relevant fee(s) paid by the customer.
The client agrees to the Company’s definition of acceptable means of supplying data to the company. Text is to be supplied to the Company in electronic format as prescribed by the Company. Images which are supplied in an electronic format, are to be provided in a format as prescribed by the Company via CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and the Company will not be held responsible for any image quality which the client later deems to be unacceptable. The Company cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by the Company of a design project’s duration is to be considered by the customer to be an estimation. The Company cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by the Company for the initial payment or by date confirmed in writing by the Company.
Rights of Access for Website Construction
The client agrees to allow the Company all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow the Company access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply the Company with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
The Company considers the design project complete written approval from the customer (the Final Design). The Company accepts no liability to any errors contained in the design after receiving written approval from the customer. The customer agrees that changes required to be carried out after written acceptance by the customer of the Final Design will be liable to a separate charge. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, the Company will provide the customer with the opportunity to review the resulting work. The Company will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to the Company by e-mail. The Company will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Terms and Conditions specific to Hosting Services are available from the Company.
The Company cannot guarantee the availability of any domain name. Where the Company is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, the Company cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
The customer agrees to allow the Company to place a small credit on printed material, exhibition displays, advertisements and/or a link to the Company’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow the Company to place websites and other designs, along with a link to the client’s site on the Company’s own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
The Company will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. The Company also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that The Company does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow the Company to remove the contravention without hindrance, or penalty. The Company is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, the Company will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by the Company within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
The Company makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. The Company will not be held responsible for any and all damages resulting from products and/or services it supplies. The Company is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold The Company responsible for any such loss or damage. Any claim against the Company shall be limited to the relevant fee(s) paid by the customer. The Company reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. The Company will not knowingly perform any actions to contravene these and the client also agrees to be so bound. The Company and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. The Company recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
Full print terms and limitations can be viewed on the Print Disclaimer page.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The Company reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by the Company and validated by the customer’s acceptance of the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and The Company.