General Terms and Conditions for Media IT Solutions
Effective 3rd March 2007
• General
These conditions of Media IT Solutions apply to the exclusion of any terms or conditions of the Customer. No variation of these conditions will be binding on Media IT Solutions or form part of any contract unless expressly accepted by Media IT Solutions in writing.
2. Estimates
Media IT Solutions will usually attempt to estimate a price. Where possible a full brief, preferably in writing should be supplied by the Customer to Media IT Solutions before such an estimate can be prepared.
• Cost Variations
While every effort is made to provide a fixed quotation for the work to be undertaken (based on discussions and correspondence with the Customer), please be advised that should additional elements be required that have not been outlined in this document then all prices quoted will need to be adjusted accordingly. Media IT Solutions quotations for design work are based upon projected working hours at the current studio rate, plus materials, and are subject to amendment on or after acceptance to meet any rise or fall in such rates or material costs. Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved, may be charged to the Customer. Other expenditure such as material subcontracted on behalf of the Customer will be quoted separately.
4. Consequential Loss
Media IT Solutions shall not be liable for any loss or damage, whether direct or consequential, which is or may be occasioned to the Customer or to any person with whom he is in contractual relations which is in any way attributable to any delay in performance or completion of any contract between Media IT Solutions and the Customer, however that delay arises.
5. Customers Property
Customers property when supplied to Media IT Solutions will be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage. If 3rd parties are sub contracted by Media IT Solutions and are to use this artwork to complete their requested task, then all artwork remains the property of the Media IT Solutions customer and may not be copied or used in any manner by the 3rd party for their own works outside of Media IT Solutions. Once the job has been completed all copies of the artwork either hard or soft are to be returned to Media IT Solutions or be completely deleted from their systems or servers.
6. Initial Work
Work produced, whether experimentally or otherwise, at Customer request will be charged for unless otherwise agreed in writing. If the Customer wishes to terminate an order at this stage, a termination invoice will be drawn up charging for time and materials up to this point.
7. In The Event That:
(a) the customer becomes apparently insolvent ( within the meaning of the Bankruptcy) or makes any voluntary arrangement with it's creditors, or (b) a petition is presented or a resolution is passed to wind up the customer (other than for the purposes of reconstruction or amalgamation as a solvent company ), or (c) a receiver is appointed over the whole or any part of the assets of the Customer or an administration order is made in respect of the Customer, or (d) the Customer shall otherwise cease trading, or (e) any diligence, distress, execution or other process is levied or enforced against any property of the customer, then in any such event Media IT Solutions shall ( without prejudice to any other right or remedy available to it ) be entitled to cancel any contract between itself and the Customer or suspend any further deliveries of goods or the provision of any further services under any such contract without any liability to Media IT Solutions and if any goods or services have been delivered or supplied but not paid for, the price of such goods and services shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.
Media IT Solutions also remains and entitled to cease any project or service provided at anytime if in the event the Customer and Media IT Solutions cannot reach amicable solutions, under this agreement Customer must still pay for all work completed.
In the event the Customer has site hosted with our company, and any and all unpaid bills will accrue a penalty of that site being unseen by the public (turning site off) until such bills are paid in full, when in the event the payment in full has been received the said website will then be switched back on to full public view.
8. Copyright
(a) The Customer shall not submit for use by Media IT Solutions anything whose use would constitute an unauthorised dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorised dealing, the Customer shall remain liable to pay all sums due to Media IT Solutions under the relevant contract and shall further indemnify Media IT Solutions against any loss, costs or expenses attributable to such unauthorised dealing.
(b) All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by Media IT Solutions in implementation of any contract between Media IT Solutions and the Customer shall remain with Media IT Solutions until full payment has been made. For the purposes of these conditions, WORK means and includes any artistic, coding, implementation of websites,literary or dramatic work within the meaning of the (amended) Copyright.
9. Payment
A payment will usually be taken when work begins. Invoicing may be split into agreed phases in the event of lengthy jobs. The final payment will be taken upon completion of finished artwork or development or at the discretion of Media IT Solutions. Divided payments by standing order may be considered under certain circumstances such as regular consultancy or administrative work, under these terms for divided work must be submitted to Media IT Solutions in writing prior to commencement of work.
10. Payment (Maintenance)
Maintenance rates will become effective if one of the following is met (a) the original site has been created and paid for in full. (b) Otherwise stated in writing by a Media IT Solutions representative. Maintenance will be charged out at the current Maintenance Rate and will be charged at 15 minute intervals. Media IT Solutions has the right to decide if a job meets maintenance or design/development title. If the job meets a design title then the design rate will be applicable.
11. Payment (Project Postponement )
If a project is postponed or cancelled by anyone other than Media IT Solutions after more than 50% completion, then the balance of works will be invoiced and then completed at the customers continuation date (if any) so long as full and final payment is received. If the project is cancelled before 50% completion then a refund will be issued minus charges accumulated by Media IT Solutions or any 3 rd party costs that Media IT Solutions occurred during the project. These prices will be calculated at Media IT Solutions's standard design/development rate based on the hours already spent including any 3 rd party costs. Setup costs are not refundable. Administration costs will also be applicable. Percentage of works completed will be calculated on current hours spent minus current hours quoted.
12. Terms
All payments must be made before the invoice due date, unless agreed otherwise. Prices quoted by Media IT Solutions are inclusive of GST which will, where appropriate, be payable by the Customer.
13. Title
Ownership of any work delivered to the Customer under any contract between Media IT Solutions and the Customer, or of any other goods delivered under any such contract, shall not pass to the Customer until payment in full of all sums due toMedia IT Solutions under such contract has been made to Media IT Solutions. The risk of damage to or destruction of any item delivered by Media IT Solutions to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery.
14. Sub Contracting
Media IT Solutions may employ any person, company or firm as a subcontractor for the production or provision of any design/development or any other items produced by Media IT Solutions for the Customer.
15. Nonpayment
Failure by the Customer to meet financial obligations may result in legal proceedings by Media IT Solutions under which circumstances ALL legal costs and other administrative expenses will be recoverable in full by Media IT Solutions, it is also stated that Media IT Solutions is within their right to switch off or remove any site or development that has refused payment that resides on the Media IT Solutions servers.
16. Search Engines
A specific position in the search engine results is not guaranteed. We will make every attempt to obtain a Top Ranking for your keyword phrases, but are not liable for circumstances beyond our control. Such as change in policies of the search engines involved, spontaneous drops our other anomalies out of our control.
17. We will not index sites that promote hate or discrimination based on race, religion, sex, age, sexual orientation or any other type of grouping. We reserve the right to refuse to promote any site we deem as unacceptable for any reason, without explanation.
18. Media IT Solutions shall have no responsibility under this agreement during periods when the search engine is not available either for searching or submissions. Media IT Solutions will not be responsible for any further damages of any kind.
19. Media IT Solutions will not 'spamdex' your pages into unrelated keyword categories. That means that if your page is the "cheap car insurance" page, we will not index it into the "ford trucks" keyword search page. This kind of indexing is harmful to useful operation of all search engines.
20 . Website Hosting
While Media IT Solutions is happy to recommend website hosting plans within our company, Media IT Solutions is not responsible for the actions of outsider companies. Relating to your chosen website hosting company, Media IT Solutions will not be liable for any (1) suspension or loss of the service(s), including, without limitation, domain name registration services and web hosting services, (2) use of the service(s), including, without limitation domain name registration services and web hosting services, (3) interruption of the website hosting company's services or interruption of the customer's business, (4) access delays or access interruptions to the website hosting company's web site(s) or service(s) or delays or access interruptions the customer experiences in relation to the services offered by the website hosting company; (5) loss or liability resulting from acts of or events beyond the website hosting company's control (6) data non-delivery, mis-delivery, corruption, destruction or other modification; (7) loss or liability resulting from the unauthorised use or misuse of the website hosting company's account; or (8) application of the dispute policies. Media IT Solutions will also will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if the website hosting company has been advised of the possibility of such damages.
21. Please make yourself familiar with the terms and conditions of Media IT Solutions website hosting.
22. These terms and conditions are final. |
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