AA1 MEDIA LIMITED. TERMS AND CONDITIONS
AA1 MEDIA LIMITED. TERMS AND CONDITIONS
1. DEFINITIONS
All orders for goods and services accepted by AA1 Media Limited (the vendor)
are accepted subject to the following conditions, which form part of and govern
the contract. Acceptance of goods and services shall be deemed to be acceptance
of these conditions of sale. Any term sought to be imposed by a purchaser either
in a document or otherwise that conflicts with or adds to these conditions is not
accepted. No agent or representative of the vendor has authority to vary these
conditions unless accepted in writing by a director of AA1 Media Limited,
hereinafter referred to as “a director”. In these conditions, unless the context
requires otherwise:
Client means the company, firm, body or person from whom an order is
addressed.
Order means an order in respect of the goods and/or services issued by the
client to the vendor together with all documents referred to in it. This includes
telephone and email agreements.
Goods and Services mean work and/or services performed by the vendor for the
client pursuant to the order.
Vendor means AA1 Media Limited, its employees and affiliates.
Legacy browsers mean out-dated Internet browsers as defined by the vendor.
2. GOODS AND SERVICES
The vendor will carry out work only where an agreement is provided either by
email, telephone or mail. An ‘order’ is deemed to be a written or verbal contract
between the vendor and the client.
3. PRICING & PROCEDURE
The vendor reserves the right to vary the quoted price for the goods or services
by upward additions in accordance with market conditions at the date of actual
supply and the client shall pay such additions in addition to the quoted price.
Price lists do not constitute an offer. The vendor will store all emails and written
communication as a permanent record.
• A deposit of 30% may be required before any work is carried out. This figure is nonrefundable
unless otherwise specified.
• Any additions to the initial brief made by the client once the project has started
may incur additional costs over and above the original quote. These costs will be
discussed with the client prior to implementation of the changes.
• Once it has been agreed that the vendor will work for the client, the client agrees
to make all materials required for the project available to the vendor before
commencement of work, and the vendor accepts no liability for failure to meet
deadlines due to delays caused by the client in supplying these materials.
• The vendor will not accept offensive or illegal material as part of the design
service.
• Every effort will be made to ensure that a project is free from errors or
omissions. Once the client accepts the final designs, confirmation of this is
required by email or in writing before any document is sent to print or web page
published.
4. PAYMENT
• All invoices are due for payment on the date shown on the invoice. Payment is to
be made in Sterling unless otherwise agreed in writing by a director.
• All overdue accounts will be charged, on a daily basis, interest in accordance
with “Late Payment of Commercial Debts (Interest) Act 1998/Regulations 2002″
• Clients will be contacted via email, letter and telephone to remind them of such
outstanding payments if they are not received when due.
• If accounts are not settled or the vendor has not been contacted regarding the
delay, access to the related website may be denied and web pages removed, or
designs withheld. Such cases will then be passed to the Small Claims Court to
pursue payment. Non payment can result in county court judgements (CCJ’s)
being added to the clients’ credit rating.
• Once a website has been designed and completed, the final balance of payment
is then due in accordance with the vendor’s payment terms. There are no
exceptions to this. If the client decides the site is no longer required, they are
still obliged to pay for the work that has been done to date. Non-payment will
result in legal action being taken as necessary.
• Clients agree to pay a bounced cheque fee of £25.00 for all returned cheques.
• Cancellation of work, once commissioned may incur a cancellation charge and
work completed to date will be still be payable.
5. PROPERTY AND RISK
For so long as any amounts remain owing from the client to the vendor (whether
immediately due or not) title to the property of the goods shall remain with the
vendor and ownership shall not pass to the client until the vendor has received
payment in full. All content and features remain the intellectual property of the
vendor until full payment is received. Any designs, scripts, CGI
applications,scripts, or software (unless specifically agreed) written by the
vendor remain the copyright of such and may only be commercially reproduced
or resold with the written permission of the vendor.
6. LIABILITY
• The vendor will not be liable for costs incurred, compensation or loss of
earnings due to the failure to meet agreed deadlines.
• Whilst every endeavour will be made to ensure that all designs and any scripts or
programs are free of errors, the vendor cannot accept responsibility for any
losses incurred due to malfunction, the website or any part of it.
• The vendor cannot take responsibility for any copyright infringements caused by
materials submitted by the client. The right is reserved to refuse any material of
a copyrighted nature unless adequate proof is given of permission to use such
material.
• Any additions to briefs provided will be carried out at the discretion of the
vendor and where no charge is made by the vendor for such additions, the
vendor accepts no responsibility to ensure such additions are error free and
reserves the right to charge an according amount for any correction to these or
further additions.
• The vendor cannot accept liability for mistakes that are discovered after the
document is printed. It is the client’s responsibility to ensure that documents are
thoroughly proof-read before launch and the vendor accepts no liability for
losses incurred due to inaccuracy or omission on a client-checked design project.
• The vendor will not be liable or become involved in any disputes between site
owners and their clients and cannot be held responsible for any wrongdoing on
the part of a site owner. eg. any disputes re content/images that have been
provided to the vendor for inclusion on the site.
• The vendor will not be liable for any costs incurred, compensation or loss of
earnings due to the work carried out on behalf of the client or any of the clients
appointed agents.
• The vendor will not be liable for any costs incurred, compensation or loss of
earnings due to the unavailability of the site, its servers, software or any material
provided by its agents.
• As part of the design service, the vendor may nominate a printing service and arrange
printing on behalf of the client with a printer believed to be reliable and cost effective.
However, the vendor accepts no liability for the actions of the printing company and will
not be liable for any costs incurred or loss of earnings following a failure of the printing
service. Any dispute of this nature must be settled between the client and the printing
company.
• If at any time the client feels that an inadequate service has been provided, the right to
complain is upheld, and the vendor will do everything possible to ensure the situation is
remedied as soon as is viable.
7. GENERAL CONDITIONS
Where applications or sites are developed on servers not recommended by the vendor,
the client is expected to provide or seek any information, additional software, support or
cooperation pertaining to the server required in order for the application to be correctly
developed. Where large applications are to be developed, it is the client’s responsibility
to provide a suitable testing environment which is identical to the final production
environment.
• The client is expected to test fully any application or programming relating to a site
developed by the vendor before being made generally available for use. Where “bugs”,
errors or other issues are found after the site is live, the vendor will endeavour to (but is
not obliged to) correct these issues to meet the standards of function outlined in the brief.
8. PROJECT COMPLETION
The project will be deemed completed when the vendor delivers or posts the design to
the specification of the original brief. At this point all further changes are considered
additional and will be charged for accordingly.
9. COMPATIBILITY
Whilst every effort will be made to ensure compatibility across all platforms, the vendor
does not guarantee full website compatibility or functionality in legacy browsers.
10. WEBSITE HOSTING
Whilst the vendor provides hosting, no guarantees can be made as to the availability or
interruption of this service if used with other hosting packages. The vendor cannot accept
liability for losses caused by the unavailability, malfunction or interruption of this
service, or for loss of turnover, sales, revenue, profits or indirect, consequential or
special loss. The vendor reserves the right to refuse to handle in any way, material which
may be deemed offensive, illegal or in any way controversial, and also to terminate the
hosting service should the necessity arise.
11. YOUR PRIVACY
Your details will not be shared with third party companies without your express
permission and the vendor will only email or contact clients about work related matters
or a limited number of promotions that it is believed that the client may be interested in.
The vendor reserves the right to send marketing emails to anyone contacting the
company through use of online contact forms and does not elect to be removed from
marketing lists by selecting the appropriate option on the form. The client can be
removed from the marketing database at any time be sending a removal request to
design@aa1media.com.
12. VARIATION
Neither the client nor the vendor shall be bound by any variation, waiver of or addition to
these conditions except as agreed by both parties in writing and signed on their behalf by
their duly authorised representatives.
13. LAW AND APPLICATION
• If any part of these terms and conditions shall be found to be unlawful it shall not affect
the validity or enforceability of the remainder of the terms and conditions.
• The contract (and any proceedings by which one party might be entitled to join the other
as a third party) shall be governed by and construed in all respects in accordance with
English law and the parties hereby submit to the non-exclusive jurisdiction of the English
courts.
• These conditions shall have precedence over any conditions appearing on any quotation,
acceptance form, delivery form, invoice or other document or letter emanating from the
client and such conditions shall have no effect whatever except insofar as they are
expressly accepted in writing by the vendor.
• Nothing in these conditions shall prejudice any condition (expressed or implied) or right
or remedy to which the client is entitled in relation to the contract by virtue of statute or
common law. The rights and remedies conferred on the vendor by these conditions are in
addition to and in no way in substitution for any conditions, warranties or other rights or
remedies conferred on the vendor or implied by law.
• In respect of consumer sales only, statutory rights are unaffected by these terms and
conditions.
14. PERFORMANCE DELAY
• Unless otherwise agreed in writing, any time or period given for delivery, despatch,
performance or completion shall be of the essence. The vendor shall immediately notify
the client of any apprehended delay in delivery, despatch, completion or performance.
• No concession with respect to delays in delivery, despatch, completion, or performance
shall be construed as a waiver of any of the vendors rights and remedies unless such
waiver is specifically agreed in writing and signed by a duly authorised representative of
the vendor.
15. TERMINATION
If the client being an individual becomes bankrupt or insolvent or has a receiving order
made against him or her, compounds with creditors or being a company is wound up or
becomes insolvent or has a receiver or administrative receiver appointed or suffers the
appointment of the presentation of a petition for the appointment of an administrator, the
vendor shall be at liberty (but not bound) at any time after that;
• to cancel all or any part of the order immediately by notice and to collect immediately all
material, goods or articles of any description sent to the client for any purpose; or
• to give the client or the receiver, liquidator or other person the option of carrying on with
the order subject to his providing a guarantee up to an amount to be agreed for the due
and faithful executions of the order.
May 2010
AA1 Media Limited
AA1 MEDIA LIMITED. TERMS AND CONDITIONS
DEFINITIONS
All orders for goods and services accepted by AA1 Media Limited (the vendor) are accepted subject to the following conditions, which form part of and govern the contract. Acceptance of goods and services shall be deemed to be acceptance of these conditions of sale. Any term sought to be imposed by a purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of the vendor has authority to vary these conditions unless accepted in writing by a director of AA1 Media Limited, hereinafter referred to as “a director”. In these conditions, unless the context requires otherwise:
Client means the company, firm, body or person from whom an order is addressed.
Order means an order in respect of the goods and/or services issued by the client to the vendor together with all documents referred to in it. This includes telephone and email agreements.
Goods and Services mean work and/or services performed by the vendor for the client pursuant to the order.
Vendor means AA1 Media Limited, its employees and affiliates.
Legacy browsers mean out-dated Internet browsers as defined by the vendor.
GOODS AND SERVICES
The vendor will carry out work only where an agreement is provided either by email, telephone or mail. An ‘order’ is deemed to be a written or verbal contract between the vendor and the client.
PRICING & PROCEDURE
The vendor reserves the right to vary the quoted price for the goods or services by upward additions in accordance with market conditions at the date of actual supply and the client shall pay such additions in addition to the quoted price. Price lists do not constitute an offer. The vendor will store all emails and written communication as a permanent record.
A deposit may be required before any work is carried out. This figure is non-refundable unless otherwise specified.
Any additions to the initial brief made by the client once the project has started may incur additional costs over and above the original quote. These costs will be discussed with the client prior to implementation of the changes.
Once it has been agreed that the vendor will work for the client, the client agrees to make all materials required for the project available to the vendor before commencement of work, and the vendor accepts no liability for failure to meet deadlines due to delays caused by the client in supplying these materials.
The vendor will not accept offensive or illegal material as part of the design service.
Every effort will be made to ensure that a project is free from errors or omissions. Once the client accepts the final designs, confirmation of this is required by email or in writing before any document is sent to print or web page published.
PAYMENT
All invoices are due for payment on the date shown on the invoice. Payment is to be made in Sterling unless otherwise agreed in writing by a director.
All overdue accounts will be charged, on a daily basis, interest in accordance with “Late Payment of Commercial Debts (Interest) Act 1998/Regulations 2002″
Clients will be contacted via email, letter and telephone to remind them of such outstanding payments if they are not received when due.
If accounts are not settled or the vendor has not been contacted regarding the delay, access to the related website may be denied and web pages removed, or designs withheld. Such cases will then be passed to the Small Claims Court to pursue payment. Non payment can result in county court judgements (CCJ’s) being added to the clients’ credit rating.
Once a website has been designed and completed, the final balance of payment is then due in accordance with the vendor’s payment terms. There are no exceptions to this. If the client decides the site is no longer required, they are still obliged to pay for the work that has been done to date. Non-payment will result in legal action being taken as necessary.
Clients agree to pay a bounced cheque fee of £25.00 for all returned cheques.
Cancellation of work, once commissioned may incur a cancellation charge and work completed to date will be still be payable.
PROPERTY AND RISK
For so long as any amounts remain owing from the client to the vendor (whether immediately due or not) title to the property of the goods shall remain with the vendor and ownership shall not pass to the client until the vendor has received payment in full. All content and features remain the intellectual property of the vendor until full payment is received. Any designs, scripts, CGI applications,scripts, or software (unless specifically agreed) written by the vendor remain the copyright of such and may only be commercially reproduced or resold with the written permission of the vendor.
LIABILITY
The vendor will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Whilst every endeavour will be made to ensure that all designs and any scripts or programs are free of errors, the vendor cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The vendor cannot take responsibility for any copyright infringements caused by materials submitted by the client. The right is reserved to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of the vendor and where no charge is made by the vendor for such additions, the vendor accepts no responsibility to ensure such additions are error free and reserves the right to charge an according amount for any correction to these or further additions.
The vendor cannot accept liability for mistakes that are discovered after the document is printed. It is the client’s responsibility to ensure that documents are thoroughly proof-read before launch and the vendor accepts no liability for losses incurred due to inaccuracy or omission on a client-checked design project.
The vendor will not be liable or become involved in any disputes between site owners and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. any disputes re content/images that have been provided to the vendor for inclusion on the site.
The vendor will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
The vendor will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
As part of the design service, the vendor may nominate a printing service and arrange printing on behalf of the client with a printer believed to be reliable and cost effective. However, the vendor accepts no liability for the actions of the printing company and will not be liable for any costs incurred or loss of earnings following a failure of the printing service. Any dispute of this nature must be settled between the client and the printing company.
If at any time the client feels that an inadequate service has been provided, the right to complain is upheld, and the vendor will do everything possible to ensure the situation is remedied as soon as is viable.
GENERAL CONDITIONS
Where applications or sites are developed on servers not recommended by the vendor, the client is expected to provide or seek any information, additional software, support or cooperation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by the vendor before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, the vendor will endeavour to (but is not obliged to) correct these issues to meet the standards of function outlined in the brief.
PROJECT COMPLETION
The project will be deemed completed when the vendor delivers or posts the design to the specification of the original brief. At this point all further changes are considered additional and will be charged for accordingly.
COMPATIBILITY
Whilst every effort will be made to ensure compatibility across all platforms, the vendor does not guarantee full website compatibility or functionality in legacy browsers.
WEBSITE HOSTING
Whilst the vendor provides hosting, no guarantees can be made as to the availability or interruption of this service if used with other hosting packages. The vendor cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. The vendor reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
YOUR PRIVACY
Your details will not be shared with third party companies without your express permission and the vendor will only email or contact clients about work related matters or a limited number of promotions that it is believed that the client may be interested in. The vendor reserves the right to send marketing emails to anyone contacting the company through use of online contact forms and does not elect to be removed from marketing lists by selecting the appropriate option on the form. The client can be removed from the marketing database at any time be sending a removal request to design@aa1media.com.
VARIATION
Neither the client nor the vendor shall be bound by any variation, waiver of or addition to these conditions except as agreed by both parties in writing and signed on their behalf by their duly authorised representatives.
LAW AND APPLICATION
If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the terms and conditions.
The contract (and any proceedings by which one party might be entitled to join the other as a third party) shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts.
These conditions shall have precedence over any conditions appearing on any quotation, acceptance form, delivery form, invoice or other document or letter emanating from the client and such conditions shall have no effect whatever except insofar as they are expressly accepted in writing by the vendor.
Nothing in these conditions shall prejudice any condition (expressed or implied) or right or remedy to which the client is entitled in relation to the contract by virtue of statute or common law. The rights and remedies conferred on the vendor by these conditions are in addition to and in no way in substitution for any conditions, warranties or other rights or remedies conferred on the vendor or implied by law.
In respect of consumer sales only, statutory rights are unaffected by these terms and conditions.
PERFORMANCE DELAY
Unless otherwise agreed in writing, any time or period given for delivery, despatch, performance or completion shall be of the essence. The vendor shall immediately notify the client of any apprehended delay in delivery, despatch, completion or performance.
No concession with respect to delays in delivery, despatch, completion, or performance shall be construed as a waiver of any of the vendors rights and remedies unless such waiver is specifically agreed in writing and signed by a duly authorised representative of the vendor.
TERMINATION
If the client being an individual becomes bankrupt or insolvent or has a receiving order made against him or her, compounds with creditors or being a company is wound up or becomes insolvent or has a receiver or administrative receiver appointed or suffers the appointment of the presentation of a petition for the appointment of an administrator, the vendor shall be at liberty (but not bound) at any time after that;
to cancel all or any part of the order immediately by notice and to collect immediately all material, goods or articles of any description sent to the client for any purpose; or
to give the client or the receiver, liquidator or other person the option of carrying on with the order subject to his providing a guarantee up to an amount to be agreed for the due and faithful executions of the order.
May 2010
AA1 Media Limited