General terms and conditions

The following Terms and Conditions of Service apply to all design services provided by Media Easier Ltd. All work carried out by Media Easier Ltd is done so on the understanding that the client has agreed to our terms and conditions which are stated on this page.

All Copyright and ownership rights will be retained by Media Easier Ltd on all intellectual property and design work unless specifically released in writing after all costs have been settled.

Project Acceptance

Media Easier Ltd will provide the customer with a written estimate, quotation or proposal which will be delivered by e-mail or post. (Note all emails are logged and recorded for security purposes) For projects totalling £2,500 or less, or where the work is on an extremely tight deadline, a return e-mail confirming acceptance of costs will be acceptable.

For projects in excess of £2,500 a copy of the written estimate or quotation should be signed and dated by the customer to indicate acceptance and should be returned to Media Easier Ltd. Where such systems are in place the client may send an official purchase order in reply to the estimate, quotation or proposal.

Design charges and schedule

All costs, charges and a schedule for delivery of all elements of a project will be set out in a written estimate, quotation or proposal provided for the client. At the time of the clients signed acceptance of this estimate or quotation, indicating the acceptance of these Terms and Conditions, a non-refundable deposit of 25% of the quoted fee will become due by return. Work on the project will not commence until this amount has been received. Charges for other products or services sourced from third parties

Charges for any additional products or services required to be sourced from third parties as part of a project will become payable in full before purchasing or commissioning such products or services. Payment

Payment will become due in full upon completion of the work as set out in the written estimate, quotation or proposal. The client will be sent an approval form and invoice prior to project completion. The client will be required to sign and return the approval form to Media Easier Ltd. Payments may be made by cash, cheque, electronic funds transfer or BACS in GB Pounds or Euros.
For clients in the Europe: Payments may also be made in Euros via Paypal provided the client covers any Paypal fees.

Publication and / or the release of work completed by Media Easier Ltd on behalf of the client, will not take place before cleared funds have been received. The work will be held in stasis until payment in full has been received.

Payment Default

An account shall be considered to be in default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Returned (bounced) cheques will incur a fee of £100 per returned cheque and the account shall be considered to be in default if the due date of the invoice has been exceeded.

Any accounts which remain outstanding for 30 days after the date of invoice will incur an extra charge of 5% on the 31st day and an additional 5% (cumulative) on the 31st day of each subsequent month on the outstanding amount.

In the event of persistent default, the client shall pay Media Easier Ltd all reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

The client shall ensure that they hold the appropriate copyright and/or trademark permissions for all logos, text, images, photographs, illustrations, diagrams or any other intellectual property for inclusion in the customers website, print or other medium. Media Easier Ltd will not claim any ownership or rights to any such third party material. The customer agrees to fully indemnify and hold Media Easier Ltd completely free from any legal or civil action in any and all claims resulting from the client not having obtained copyright and/or any other necessary permissions from their respective owners.

The client may request in writing, from Media Easier Ltd, permission to use any designs for which Media Easier Ltd holds the copyright in forms other than for which it was originally intended. I shall grant usage of my copyright material at my own discretion and some uses may attract an appropriate charge.

The client will allow Media Easier Ltd to remove and/or replace any logos, text, images, photographs, illustrations, diagrams or any other intellectual property or file for use in any project for the client which is believed to be copyright and/or royalty free or in the public domain, and is supplied or sourced in good faith, but which subsequently turns out to have copyright or royalty usage limitations.

Where a multiple choice of design is presented only one solution will be deemed to be given by Media Easier Ltd as fulfilling the contract. All other designs will remain the property and exclusive copyright of Media Easier Ltd.

Alterations

The client agrees that changes or alterations which are required to be carried out after the acceptance of the draft design, and which a over and above the work detailed in the written estimate, quotation or proposal, will be liable to a separate charge. Telephone conversations or e-mails requesting alteration will attract a minimum charge of thirty minutes.

Third parties

The client agrees that Media Easier Ltd holds no responsibility for any amendments, adjustments, alterations or interference of any kind made by any third party, before or after a design is published. Any such involvement by a third party of which I am unaware, may, at my own discretion, render any previous agreement null and void. Licensing

Any graphic, design, photography, copywriting, drawing or illustration created for the customer by Media Easier Ltd is licensed for use by the client only and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Media Easier Ltd. In the event that there is a risk that another party may make a claim over a design, and such design 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 client agrees Media Easier Ltd will not be held responsible for any and all damages, nor for any loss, or consequential loss, non-delivery of products or services, whatever the cause resulting from such claims.

Data Formats

The client agrees to supply, in a timely fashion, all logos, text, images, photographs, illustrations, diagrams or any other material for use by Media Easier Ltd in the clients project(s) in the following formats and methods: Text should be supplied in an electronic format only, via e-mail or on CD-ROM as:

Plain text (.TXT)

MS Word (.DOC)

Rich Text Format (.RTF)

Adobe PDF (.PDF)

Images should to be supplied in an electronic format, and only via e-mail if 10mbs or less in total, or on CD-ROM as:

Uncompressed JPEG (.JPG or .JPEG)

Photoshop PSD (.PSD)

Tagged Image File Format (.TIFF .TIF)

Vector images should be supplied in PDF format (.PDF)

Media Easier Ltd will not be held responsible for the quality of any image supplied by the client which the client later deems to be unacceptable. Images should be of an acceptable and suitable quality for their intended use.

The client agrees to supply Media Easier Ltd with all necessary materials required to create and complete the project, and to supply them in a timely manner in order for me to meet with the schedule laid out in the written estimate, quotation or proposal.

Project Duration

A projects duration shall be considered by the client to be an estimation. I will always try to work to the schedule, however I 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 Media Easier Ltd for the initial payment or by date confirmed in writing by e-mail or post. Project Completion

Media Easier Ltd will consider the design project complete upon receipt of the clients signed approval form. Print only

Media Easier Ltd does not provide an in-house print service and accepts no responsibility or liability for any third party printing. While we 'design' for print, the final decision on choice of printer and print materials, and acceptance of proof from the printer lies with the client. Website design only

Media Easier Ltd will provide the client with the opportunity to review progress at key stages. Unless agreed otherwise these will usually be on completion of coded templates and on delivery of complete web site. Upon delivery of the final site I will make one set of minor changes at no extra cost within 14 days of delivery. The minor changes are to include errors or omissions by either party in the course of building your website and include small textual changes and small adjustments to placement of items on the page. Minor changes do not include changes to images, schemes, styles, or any navigation features which shall be considered major changes as they will only occur where the client has had a change of mind. Minor changes can be sent to me by e-mail or post. Major changes must be clearly specified and sent by e-mail or post and a price agreed upon, based on my hourly rate, to rectify before such changes are made. Website visuals should be considered as an approximation of their final coded presentation. Sometimes coding restrictions in specification and or third-party applications may place a restraint on a design visual that was not previously perceived.

Media Easier Ltd will consider that the client has accepted the final website if there is no notification of changes within 14 days

The client agrees to allow Media Easier Ltd the appropriate access to computer systems, including the necessary read/write permissions, usernames and passwords, as required, for the purpose of completing a website project. Such access shall be granted until all due invoices are settled in full.
The client also agrees to grant the same access, as required, to remove data and/or sites for failure to comply with these Terms and Conditions.

Media Easier Ltd agrees to keep all knowledge of the clients computer system access codes, usernames and passwords confidential. I will not disclose such information to any third-party without the express written permission of the client. I strongly recommend that once I have completed my work, and my invoices have been settled in full, that the client changes all access codes, usernames and passwords. The client agrees that Media Easier Ltd will not be held responsible, liable or accountable in any way for any malicious attack, virus, trojan, worm or other computer infection, unauthorised access, loss of data or loss of revenue, howsoever caused.

Website Hosting and Domain Registration

1. ACCEPTANCE OF TERMS

"Acceptance Letter"
means a written letter or electronic mail sent by us confirming acceptance of your order and confirming the details of the order along with any other information as necessary

"Additional Services"
means any services made available to you during the term of the agreement, which are in addition to the Services already being provided;

"Agreement"
means the agreement by us and you comprising of these conditions, the AUP and Acceptable Letter;

"AUP"
means the acceptable use policy as published by us, which may be amended by us from time to time;

"Backup Service"
refers to the service whereby we may take a copy of your website;

"Business Day"
refers to a working day, Monday to Friday, excluding Bank Holidays;

 "Conditions"
means these terms and conditions governing your use of hosting services;

"Database Limit"
means the limit upon any space allocated for the storage of database tables and the information stored within those tables;

"Data Transfer Limit"
means the limit upon the amount of data that can be downloaded from the website over a specified period of time;

"Fees"
means the fees payable by you to us for the services as specified on the relevant Order Form as may be amended by us from time to time;

"Gigabyte"
means 1,073,741,824 bytes of data;

"Hard Quota"
means any limits applicable to the Service which may not be exceeded;

"Megabyte"
means 1,048,576 bytes of data;

"Order Form"
means the registration form relating to either the Services or Additional Services which may be amended by us from time to time;

"Processing"
means the process of approval by us of your submitted request for Services as detailed in your Order Form;

"Services"
means the provision of the Web Space on one of our servers on which your Web Site may be installed;

"Soft Quota"
means any limits applicable to the service as chosen by you from options provided by us which may be exceeded as specified in these Conditions;

"Web Site"
means any text, graphics, data, files or other information which are stored electronically on our servers;

"Web Space"
means the amount of disk space allocated for the storage of the your website;

"Web Space Limit"
means the amount of disk space allocated for the purpose of publishing your web site;

"we" / "us" / "our"
Media Easier Ltd, registered office 48 Nutfield Road, Merstham, Redhill, Surrey RH1 3EP.  Company registration number 05142959;

"you" / "your"
denotes you, the customer.

These Conditions explain our responsibilities to you and your responsibilities to us. We may update and change the Services from time to time.

BY COMPLETING THE ORDER FORM AND SUBSCRIBING TO THE SERVICES, YOU AGREE TO BE BOUND BY THESE CONDITIONS, SO PLEASE READ ALL THE TERMS CAREFULLY. THESE CONDITIONS TAKE PRECEDENCE OVER ANY PROVISIONS SET OUT IN THE ORDER FORM.

2. CUSTOMER OBLIGATIONS

2.1 You represent that you have the power and authority to enter into this Agreement and any other applicable agreements and that in using the Services you will comply with this Agreement.

2.2 You are responsible in all aspects for the content of your Web Site and hereby undertake that the pages displayed on the Web Site do not violate any applicable law. You must ensure that any pages on the Web Site liable to offend or containing any links to adult material must display clearly a warning page allowing anyone to be aware of the nature of the content before the material is displayed.

2.3 You warrant that you will use the Web Hosting Space for lawful purposes only. You also agree that you will not permit or allow any other party to use your Web Space in violation of any law and that you will not link or transmit any material containing a virus or other potentially damaging computer programme.

2.4 You warrant that you hold all rights and permissions to display any works or information included on the Web Site. You also warrant that by using the Web Site and related Services that neither you nor us respectively will be infringing any third party intellectual property rights.

2.5 We agree to provide a backup service at our own discretion and you are encouraged to keep separate copies of your own files.

2.6 You will be responsible for any loss or damage to data stored on the server however so caused.

2.7 You shall be responsible at all times for the protection and non-disclosure of all identification details including passwords and other confidential information relating to the Services and the safe and secure access to those services. You shall notify the us immediately of any unauthorised use of the Service or any breach of security, loss, theft or disclosure of passwords or identification details.

3. COMPANY RIGHTS AND OBLIGATIONS

3.1 We shall use reasonable endeavours to perform the Service and will as soon as is practical following receipt of an order, provide you with a user identification and password for access to the Web Site.

3.2 We give no warranty that access to our Servers and your Web Site shall be uninterrupted or error free. For the avoidance of doubt, any standards relating to the availability of the Services shall be deemed as targets. We shall use all reasonable endeavours to meet such targets but failure by us to do so, shall not constitute a breach of contract. We accept no liability for any loss whatsoever in the event that the Services are interrupted, are not error free or if the we fail to achieve any targets.

3.3 By submitting an order, you will provide us with certain personal information or data. It is your responsibility to keep the personal data provided to us up to date at all times. We will comply with all applicable data protection laws. Personal data will not be passed on to any third parties without your prior consent, other than as stated below.

3.4 If you breach this agreement or otherwise jeopardises or compromises the integrity of our network, we may take whatever steps we deem necessary to investigate and resolve any such matter. Without limitation, you authorise us to use the your personal data and other information in connection with any such investigation, including disclosing said information to any third party which has a legitimate interest in any such investigation.

3.5 You may be subject to a standard credit check. The information that you provide may be disclosed to a licensed credit reference agency which will retain a record of the search. You authorise the us to make such disclosures.

4. Exceeding Limits

4.1 When submitting an order, you will select the type of Services required and will specify, from available options, the upper limits required for the Web Space Limit, Data Transfer Limit and, if applicable, Database Limit. These limits shall represent the Soft Quota.

4.2 In the event that you exceed the Soft Quota, we are entitled to take action which may be any combination of the following:-

         i.            to charge for any excess usage at rates published on our website, which may be changed from time to time.

        ii.            to apply a Hard Quota, with limits higher or equal to the Soft Quota, which shall be notified to you by email.

4.3 In the event that you exceed a Hard Quota, we shall be entitled to suspend Services with immediate effect. Such suspension shall be notified to you by email.  You shall then be responsible for bringing the service back within its limits, or requesting an upgrade to the service. During any suspension period, you shall remain liable to pay all Fees due.

5. SUBSCRIPTION, FEES AND PAYMENT

5.1 Subscription to the Service is for a minimum period of 12 months ("Initial Period") commencing on the date we start processing and shall be automatically renewable for additional 12 month periods ("Renewable Period") unless you terminate by providing notice under Condition 7.1 below.

5.2 All fees shall be payable in advance on either a monthly, quarterly or annual basis as specified on the Order Form and/or in the Acceptable Letter. Payment will be due no later than the date specified on the invoice or in the case of credit card or direct debit payments, payment shall be due on the date advised by us ("Due Date").

5.3 All charges levied by us are exclusive of Value Added Tax for which you shall be liable at the applicable rate.

5.4 In the event that any Additional Services are provided by us, you shall be obliged to pay any increased Fees which shall be applied from the date that such Additional Services are provided.

5.5 You agree that failure to pay any fee when due (as evidenced for example by, without limitation, your credit card company notifying us or that you are disputing the payment of, or refusing to pay such fee, or where your credit card has been declined) will entitle us to immediately cease provision of the services to you.

6. DOMAIN NAME REGISTRATION SERVICES

6.1 Where the Service includes registration of one or more domain names, you agree to be subject to the conditions as laid out in our "Domain Name Registration Terms and Conditions".

7. TERMINATION

7.1 The Agreement shall remain in force for the duration of the Service provided that you are entitled to terminate the Agreement at any time after the Initial Period. Thereafter, you may terminate your services at any time by providing not less than thirty days notice in writing.

7.2 Notwithstanding other provisions of the Agreement, either party shall be entitled to terminate the Agreement by written notice to the other if the other part commits any breach of the Agreement whereby:

         i.            the breach is incapable of remedy, or

        ii.            the other party fails to remedy the breach within thirty days of a written notice detailing the breach.

7.3 Upon termination of the Agreement for whatever reason, we shall delete your Web Site and any other stored inforamation from our servers without any liability whatsoever.

7.4 Termination shall be without prejudice to any other rights or remedies a part may be entitled to under law and shall not affect any accrued rights or liabilities or either party.

7.5 In the event that you cancel the Agreement during the Initial Period, all Fees due to the end of the Initial Period shall become immediately due.

7.6 You shall remain liable for any other outstanding Fees, including but not limited to any Fees due for Additional Services and expenses, which shall become due for immediate payment.

PLEASE NOTE, ANY NOTICE SERVED TO US TO TERMINATE THE SERVICE WILL REQUIRE CLEAR INSTRUCTIONS FOR TERMINATION WITH AN AUTHORISED SIGNATORY. IF WE DO NOT RECEIVE CLEAR INSTRUCTIONS FROM AN AUTHORISED SIGNATORY, WE MAY NOT BE ABLE TO PROCEED WITH YOUR TERMINATION REQUEST.

8. MAINTENANCE AND SUPPORT

8.1 By requesting assistance and advice by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by telephone, we shall endeavour to provide you with technical assistance with difficulties that may arise in connection with the provision of the Service. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available and you understand that we cannot accept any liability for any loss (direct, indirect or consequential) or damage arising out of the giving of such assistance and advice which is not due to our negligence, recklessness or wilful misconduct in the performance of our obligations under these conditions.

8.2 Our Services are subject to change from time to time. If you cannot use any part of the service or where a failure, suspension or withdrawal of all or part of the services is beyond our reasonable control, compensation will not be payable.

8.3 We may implement systems designed to reject certain undesired email (including unsolicited commercial email) or delete them before delivery.  Where such systems accidentally reject or delete legitimate email, we will endeavour to take steps to prevent future incidents but shall not be liable for any losses that you may incur are a result of any rejections or deletions.

9. LIMITATION OF LIABILITY

9.1 EXCEPT AS EXPRESSLY SET OUT IN THESE CONDITIONS WE DO NOT MAKE ANY OTHER WARRANTY, REPRESENTATION OR PROMISE IN CONNECTION WITH THE SUBJECT MATTER OF THESE CONDITIONS AND HEREBY EXCLUDE ALL LIABILITY FOR ANY AND ALL IMPLIED WARRANTIES, EXCEPT THOSE NOT EXCLUDABLE BY LAW, EXPRESS TERMS AND ANY LIABILITY FOR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LIABILITY HOWSOEVER OCCASIONED.

9.2 You acknowledge that we shall use all reasonable endeavours to provide the services subject to the following for which we shall have no liability:

9.3 To the extent permitted by law, you agree that we do not have any liability to you or your agent (if any) for any loss you may incur in connection with our processing of your registration services, the Domain Name Registry's processing of any application for a domain name, the processing of any authorised modification to the domain name's record during the covered registration period, or the failure by your agent (if any) to pay a registration fee or renewal fee, or as a result of the application of the provisions of the Domain Name Registry's dispute policy. You agree that in no event will our liability under the registration services for any matter exceed, in our sole option, the re-supply of the registration services again or the fee as specified in your order form for the provision of the registration services.

9.4 Except as expressly provided in these Conditions, we shall not be liable to you for any loss or destruction of data resulting from the use of email as part of the Service.

10. BREACH

You agree that failure to abide by any provision of these conditions may be considered by us to be a material breach and that we may provide a notice, describing the breach, to you. If, within thirty (30) days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations, then at our sole discretion, we may terminate or suspend your registration services. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you. Notice may be given by mail, facsimile or electronic means. In the event that we terminate your registration services in connection with this condition, you will not be entitled to a refund of any fees you have paid to us.

11. MISCELLANEOUS PROVISIONS

11.1 These conditions (including, for the avoidance of doubt, the order form) contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals (whether written or oral) between us in relation to such matters. Each of us confirms that, in agreeing to enter into these conditions, neither of us has relied on any representation except as has been expressly set out in these conditions and we both agree that neither party shall have any remedy in respect of any misrepresentation which has not become a term of these conditions, except in respect of any fraudulent or negligent misrepresentation, whether or not such has become a term of these conditions.

11.2 You may not share with any other party your rights or obligations under these conditions.

11.3 We reserve the right to assign or sub-contract any or all of our rights and obligations under these conditions without your further consent to such assignment or subcontract.

11.4 You agree not to make use of anyone else's personal details.

11.5 Any failure by either of us to exercise or enforce any right or provision of these conditions shall not constitute a waiver of such right or provision.

11.6 We shall not be deemed to be in breach of these conditions or otherwise liable for any delay in performance or any failure to perform any obligations under these conditions (and the time for performance shall be extended accordingly) if and to the extent that the delay or failure is due to circumstances beyond our reasonable control.

11.7 If any provision of these conditions is found by a court of competent jurisdiction to be invalid or unenforceable, we both nevertheless agree to give effect to our intentions as reflected in the provision, and the other provisions of these conditions shall remain in full force and effect and this shall not affect the enforceability of any remaining provisions of these conditions.

11.8 The parties agree that the provisions of these conditions are personal to them and are not intended to confer any rights on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to the registration services or to any provision of these conditions.

11.9 These conditions and the registration services shall be governed by the laws of England and Wales and we both submit to the non-exclusive jurisdiction of the courts of England .

11.10 Not withstanding anything expressed in these conditions, we shall not be liable for any delay or failure in carrying out our obligations hereunder resulting from causes beyond our reasonable control.

11.11 We will send any notices to you at the address stated on the order form or at such other address as you shall notify to us in writing.

Search Engine Submission

Media Easier Ltd cannot guarantee any placement or acceptance for a website on any Search Engine or third party directory or other website listing system, nor can we guarantee that the clients web site will be found under any particular search terms.

Design Credits

The client agrees to allow Media Easier Ltd to place a small credit on any printed material. The client agrees to allow Media Easier Ltd to place a small credit in the foot of their website with a link to our website.

The client also agrees to allow Media Easier Ltd to link to the clients website for demonstration purposes and to use any designs in my own publicity.

Unacceptable content

Media Easier Ltd will not work with any text, images or other data which I deem to be defamatory, libelous, immoral, offensive, obscene or illegal. We also reserve the right to refuse to include any submitted material without giving reason. In the event of any content, text, images or other data which I do include in all good faith and which subsequently turn out to contravene these Terms and Conditions, the client will be obliged to allow Media Easier Ltd to correct or remove such content. Media Easier Ltd will not be held responsible for any such data being included. All data submitted is the responsibility of the client. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.

Cancellation of orders

Cancellation of orders may be made by telephone or e-mail with a follow up of formal notification in writing to our 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 all monies due must be paid in full within 14 days.

Acceptance of Quotation and Terms and Conditions

The placement of an order validated by the customers signature on the estimate, quotation or proposal form, (or by return of an acceptance email for work under £2,500 in total value) constitutes acceptance and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Media Easier Ltd.

Disclaimer

Media Easier Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Media Easier Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Media Easier Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While I take all reasonable measures to investigate suppliers, materials or any other third party product or service that I recommend, I accept no responsibility for the performance or quality, or any consequential loss arising from their failure. The client agrees not to hold Media Easier Ltd responsible for any such loss or damage. Any claim against Media Easier Ltd shall be limited to the relevant fee(s) agreed in writing and paid by the client. Media Easier Ltd reserves the right to use the services of sub-contractors, and third-party suppliers for any work, content or services and usage shall be bound by their Terms and Conditions. Media Easier Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Whilst these terms and conditions will apply to any contract upon which they have been agreed, Media Easier Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.