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TERMS & CONDITIONS

The following terms and conditions apply to all website design / care plan services provided by OH Media to the Client.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms or project proposal applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Website Charges

Charges for services to be provided by OH Media are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 14 days. OH Media reserves the right to alter or decline to provide a quotation after expiry of the 14 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. With the remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to the website going live.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to OH Media.  Bank details will be made available on invoices.

Care Plan (Maintenance Service Package)

Payments for the Maintenance Service Package will be taken via direct debit on the first of every month. This needs to be in place prior to the website going live unless purchased as an additional service at a later date. If the Client wishes to terminate a care plan they must give thirty (30) days notice in writing. Clients will still be liable for a charge of £60 per year to cover hosting costs.

Hosting

OH Media Web Design charge a rate of £60 per year to cover hosting fees. This is made a 1 off annual payment unless otherwise agreed with the Client. This must be in place prior to the site going live.

Client Review

OH Media will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies OH Media otherwise within fourteen (14) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

OH Media will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon OH Media receiving initial payment, unless a delay is specifically requested by the Client and agreed by OH Media.

In return, the Client agrees to delegate a single individual as a primary contact to aid OH Media with progressing the commission in a satisfactory and expedient manner.

During the project, OH Media will require the Client to provide website content; text, images, movies and sound files before they will commence with the project.

Failure to provide required website content

OH Media is a small business, to remain efficient we must ensure that work we have is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

If you agree to provide us with the required information and subsequently fail to do within one month of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this. We will also provide a link to a cloud based solution for the easy transfer of any required materials.

Payment

Invoices will be provided by OH Media upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

Additional Expenses

Client agrees to reimburse OH Media for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

Ownership

OH Media officially gives full ownership of the website it has created including any additional purchases such as domain names and stock photography upon the receipt of the completion and final payment for the website.

OH Media agree to supply, on written request, the control panel login details for their designated hosting account. Upon receiving the username and password for the control panel login area, the Client has the availability to make changes to their hosting. OH Media cannot be held responsible for any errors made by the Client if making any changes themselves. If the Client causes errors on their website as a result of making changes, OH Media reserve the right to charge for any work involved to correct the error.

As standard all Clients receive full administrative permissions to the website once final payment has been received and the website has gone live OH Media cannot be held responsible for any errors made by the Client if making any changes themselves. If the Client causes errors on their website as a result of making changes, OH Media reserve the right to charge for any work involved to correct the error if the Client does not have a care plan in place.

Web Browsers

OH Media makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that OH Media cannot guarantee correct functionality with all browser software across different operating systems.

OH Media cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, OH Media reserves the right to quote for any work involved in changing the website design for it to work with updated browser software.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on OH Media’s Web space, OH Media will, at its discretion, remove all such material from its web space. OH Media is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay OH Media reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by OH Media in enforcing these Terms and Conditions.

Termination

Website Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Care Plan Termination (Maintenance Service Package)

Termination of services by the Client must be requested in an email notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in email. If the Client wishes to terminate a care plan they must give thirty (30) days notice in writing. Clients will still be liable for a charge of £60 per year to cover hosting costs.

Hosting Termination

Termination of services by the Client must be requested in an email notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in email. If the Client wishes to terminate their website hosting they must give sixty (60) days notice in writing.

The Client should arrange for contact between their chosen new provider and OH Media and we will provide full access to the control panel for a set period of time to allow for the transfer of the site.

Indemnity

All OH Media services may be used for lawful purposes only. You agree to indemnify and hold OH Media harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants OH Media the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting OH Media permission and rights for use of the same and agrees to indemnify and hold harmless OH Media from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to OH Media that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (delivered via e-mail or a cloud based solution) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by OH Media to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

Design Credit

A link to OH Media will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in OH Media’s portfolio. Removal of the design credit will cost the Client £50.00.

Post-Placement Alterations

OH Media cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Any additional work required by the Client on a previously signed off project, will be considered as a separate project and will therefore and incur additional charges.

Domain Names

OH Media may purchase domain names on behalf of the Client. If the Client hosts the domain name, payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of OH Media.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by English Law.

Liability

OH Media hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to Clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of OH Media to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

OH Media hosting is provided through Krystal as a Reseller. OH Media cannot be held responsible or accountable for any outages of service due to technical problems arising at Krystal.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,

Business Hours

OH Media are available for sales and support Monday – Friday 9:00am – 5:00pm. Clients will be notified of any change in availability.

Technical Support

All change  / technical requests which are outside of a Clients care plan (if purchased) are charged at a set rate of £40 per hour. All work will be quoted for before the commencement of any work.

Clients on a care plan can expect to receive support in line with their chosen care plan. Any work which is required above their chosen plan will incur our hourly rate. Time allocated per month for a Clients chosen care plan cannot be rolled over into another month.