Please note separate Terms & Conditions apply in relation to the Use of our website
In this agreement the terms have the following meanings:
- Media 3' and 'the Company' and 'we' means the organisation which has an office at 7 Vectis Road, Alverstoke, Gosport PO12 2QD (its approved consultants, sub-contractors, representatives and any other third parties).
- easyWeb' and 'easyWeb website' means the product, all design, graphics, programming code, scripts, Computer-Generated Imagery (commonly abbreviated as CGI), applications, and software created by Media 3, based upon the websites www.choose-easyweb.com and www.gosportandfarehamrfc.co.uk
- Client' means any person, company, partnership, organisation or body and any individual(s) representing that person, company, partnership, organisation or body (including third parties), at whose application and upon completion of an ATP (Authority to Proceed) form, Media 3 agrees to produce an easyWeb website
- Authority to Proceed (ATP): means the document signed by the Client or Client's representative(s) and returned to Media 3, giving Media 3 the authority to commence work on producing an easyWeb website to which these conditions will apply.
- easyWeb acknowledgment' means the inclusion of a footer link to the www.choose-easyweb.com website.
- Hosting Client' means any person, company, partnership, organisation or body and any individual(s) representing that person, company, partnership, organisation or body (including third parties), at whose application (in writing or by email) the company agrees to provide website hosting services.
- Completion of the easyWeb website' means 5 days from the easyWeb website being uploaded to a temporary site on the server of Media 3 for approval by the client, without notification from the client that the easyWeb website is unsatisfactory.
Scope: These Terms & Conditions shall apply to any and all website products and services requested by the Client to be provided by Media 3.
Estimate of cost: is based on the written and/or verbal brief/specification supplied by the Client and agreed between the Client and Media 3, and covers the estimated price for creating and producing the easyWeb website (the design and the design code) as described therein.
All website price estimates specifically exclude charges for the creation, provision and supply of content (herein defined as, but not solely limited to the following: research and interview time, copywriting, original photography, photo research time, photo purchasing costs charged by library sources, photo selection and photo editing).
The cost of any content is subject to a separate price estimate and will be supplied upon request.
The Company reserves the right to revise any and all estimates of cost if not accepted within 14 days of submission.
Price: may be increased by the Company at any time before delivery of the easyWeb website in the event of any changes or variation in the specification required by the Client, or if there is any variation in the cost of materials, labour, transport or other overheads (including any variations in foreign exchange rates relevant to the provision of the easyWeb website).
The Client will normally be advised in writing and/or by email of any such increase in price at the time this is known to Media 3 and prior to delivery of the easyWeb website.
Timescales: The Client agrees to make available to the Company as soon as is reasonably possible, all materials required to complete the easyWeb website to the agreed specification and the anticipated price and within the targeted timescale for completion.
Time is not of the essence of the agreement between Media 3 and the Client but Media 3 undertakes to use its reasonable endeavours to execute orders and to effect delivery in a reasonable time and by the date(s) estimated.
Any time or date(s) given by the Company for completion of the easyWeb website or for part-provision of some of the easyWeb website is an estimate only and the Company shall not be liable for the consequences of any delay to this completion or part-provision.
Furthermore, the Company shall be entitled to give a new time or date for completion of the easyWeb website where the Client changes the required specification for the easyWeb website.
Liability: easyWeb and/or Media 3 will not be liable for any costs incurred, compensation, consequential loss or loss of earnings for any:
- Failure to meet any agreed/estimated delivery timescales regardless of whether or not Media 3 is responsible for the failure and however the failure was caused.
- Unavailability of the easyWeb website, its servers, software or any material supplied or services supplied by other parties.
- Errors in copy text supplied to or originated by Media 3 including company registration and VAT numbers, telephone, facsimile or telex numbers, email addresses, Worldwide Web page addresses, postal addresses or postal codes.
- Operational failure of database and e-commerce applications and software created for any Client. (Whilst every care is taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use).
Proofs: of relevant work (on paper or electronically) will be submitted for the Client's approval and the Company shall incur no liability for any errors not corrected by the Client in proofs so submitted.
The Client must return proofs, duly signed (acknowledgment by returned email will be regarded as signed approval), to indicate they have read and approved all copy. Client's alterations and additional proofs necessitated thereby may be charged extra.
When style, type or layout is left to the judgement of the Company, first changes therefrom will not be charged for. Changes thereafter first changes may be charged.
Property risk: Client's property and all property supplied to the Company by or on behalf of the Client shall, while it is in the possession of the Company or is in transit to or from the Client, be deemed to be at Client's risk, and the Client should insure accordingly. No responsibility will be accepted by the Company for the loss of any materials whatever their value.
Materials supplied by the Client: Media 3 may reject any materials supplied or specified by the Client which appears to the Company to be unsuitable for the purpose for which they are submitted.
During production, any additional costs incurred if materials are found to be unsuitable will be charged. Where materials are so supplied or specified, Media 3 will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Illegal, libellous, offensive or controversial matter:Media 3 shall not be required to include any matter on websites it produces or hosts which is or may be of an illegal, libellous, offensive, or controversial nature, or an infringement of the proprietary or other rights of any third party.
Acknowledgement: Without exception, every easyWeb website, web page, design, application or other visual/tangible item produced by Media 3 must display an easyWeb logo and hyperlink to www.choose-easyweb.com
Database application and e-commerce development: the Company accepts no responsibility for any losses incurred by the use of any software created for the Client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the Client in ensuring that all software is functioning correctly before use by the Client.
Indemnity: The Company shall be indemnified by the Client in respect of any claims, costs and expenses arising from any illegal, libellous, offensive or controversial matter or any infringement of copyright, patent, design, or of any other proprietary or personal rights contained in the easyWeb website produced for the Client or any website hosted for a client by Media 3.
The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claims in cases of matter being so displayed.
The Company reserves the right to terminate the website hosting service should the necessity arise.
Delivery: On completion of the easyWeb website and after written confirmation/approval of the easyWeb website by the client, the easyWeb website will be uploaded to the Client's server area which is provided by Media 3 through its agents. Where a Client's easyWeb website is being hosted by a third party, Media 3 will delay uploading of the easyWeb website until full payment for all work has been received.
Copyright: of the easyWeb website remains with the Company. It can be reassigned to the client on request (in writing) but a charge will be made for this. If reassigned, the design and design code must not be leased, sold or given to third parties without written consent from Media 3.
Payment: is due immediately upon receipt of invoices unless the payment terms of each invoice state otherwise.
Our standard schedule of payments is one third of the estimated cost of the website to be paid before work commences, a further one third at the interim stage of the website build (this stage to be mutually agreed) with the final payment made upon completion.
Should work be suspended or cancelled at the request of or delayed through any default of the Client for a period of 14 days, the Company shall then be immediately entitled to payment for all work carried out to date, and for materials used or purchased for intended use in the work, and for any other additional costs.
All materials/images/designs/coding created by Media 3 remain the property of the Company until payment is made in full. Such items when supplied by the Client shall remain the Client's property.
Whilst any payment remains outstanding, and Media 3 has not been contacted regarding delay of any outstanding payment, Media 3 shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under these Terms & Conditions and to deny access to the related easyWeb website.
If accounts remain unpaid for a period 30 days, our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons. Such cases may be referred to the Small Claims Court to pursue payment.
Non payment can result in County Court Judgements (CCJs) being added to the Client's credit rating.
Please note that if our Solicitor contacts a Client about overdue payment, the Client will be liable to pay for all costs that our Solicitor incurs in making such contact and any additional costs incurred or associated with this matter such as costs for a court summons, the Small Claims Court and County Court Judgements (CCJs).
VAT: is not included in the price or estimate of cost and will be charged at the appropriate rate ruling at the time of supply and where required.
Title: to the goods shall not pass to the Client until full payment is made of all invoices submitted.
Our right to cancel the contract: The Company reserves the right to cancel any agreement (whether written or verbal) to produce a website due to abusive, threatening, aggressive and/or unreasonable behaviour or demands by a Client and/or related party at any stage of the relationship with said Client or related party. Such cancellation by the Company will be final and non-negotiable and the Company may, at its discretion, refund any payments received from the Client. The Company reserve the right to refrain from giving warning and issuing an immediate cancellation based upon the severity of the Client and/or related parties' behaviour.
Search engine optimisation (SEO): Where easyWeb provides search engine optimisation (SEO) for a Client, we do not guarantee any specific placement or ranking on search engines.
In respect of response levels from SEO work and quality of responses, no guarantees are given (written or implied) regarding the above. No refund shall be given if the level or quality of responses falls below a client's expectations. Any SEO applied to a website should not be solely relied upon for the generation of work or sales leads.
Open Source Software': easyWeb uses 'Open Source Software' which is software made freely available to anyone under the GNU General Public Licence (GPL).
easyWeb websites hosted by other website hosting service suppliers: Media 3 will make additional charges if an easyWeb website has to be uploaded by Media 3 to another website hosting supplier other than Media 3.
When hosted by other website hosting service suppliers,
Media 3 will not guarantee that the easyWeb website will have the complete functionality that is built in.
Website hosting: Whilst Media 3 offers website hosting of easyWeb websites and other websites, no guarantee is given as to the availability or interruption of this service by Media 3 and we do not cannot accept any liability for losses caused by the unavailability, malfunction or interruption of this service no matter how or by whomsoever this is caused.
Fees relating to website hosting and/or domain names must be paid in advance.
If hosting fees are not paid by the due date, the hosting service is liable to be cancelled without prior warning. Customers are responsible for ensuring they pay their invoices promptly to avoid service disconnection.
If a cancelled service is to be reinstated at the Client's request, a £25 set-up fee will be payable before any such reinstatement, and any data lost as a result of the cancellation may not be restored. The same charge applies if a site has to be restored from our back-up copy due to site hacking where this was not the fault of our hosting service provider.
If payment for hosting has been made and a client wishes to cancel the service, no refund of any sums already paid by the client will be made.
A notice period of 30 days is required for transfer of a domain name but a domain name will be released sooner upon payment of one month's hosting (at our usual monthly rate) in lieu of this notice period
When a client decides to terminate their hosting arrangements with us and requires a copy of their website on CD and/or wishes to transfer their domain to another host, we will make reasonable charges for this work at our normal hourly rate to cover the time spent.
These charges must be paid in advance of the work being done.
Domains will not be released to clients or other website hosting companies until all invoices have been settled in full and received as 'cleared funds'.
Please note we are legally entitled to withhold domain transfer/release and to refuse to supply a copy of a website (e.g. on CD) until all outstanding invoices have been settled in full relating to previous work and in advance of any work involved in hosting and/or domain transfers.
Variance: In the case of any variance between statements contained in our Authority to Proceed (ATP) form and these Terms & Conditions, the statements in the ATP form shall be regarded as void if they are in conflict with our Terms & Conditions shown here.
Client Obligation: It is the Client's obligation and responsibility to be aware of, and adhere to, any and all Laws, Regulations, Directives or Requirements pertaining to the provision of information, services or products over the internet.
Media 3 is not responsible, liable or in any way to be considered as accountable for any failings of the Client in their knowledge or conduct pertaining to such matters.
Informal Complaints Procedure: anyone who experiences a problem with their easyWeb website, with web hosting services supplied to and by Media 3 or an employee (employed, contracted, representative or otherwise conducting business on behalf of Media 3) , should raise the matter directly by phone or email to Media 3. Full information should be given, sufficient enough to locate or identify the problem and clearly outlining the grounds for complaint.
As soon as possible, Media 3 will then attempt to resolve the matter to the satisfaction of the complainant.
Formal complaints procedure: should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal complaints procedure.
A formal complaint should be made in writing to Media 3 who will acknowledge receipt in writing (or by email) and ensure that the matter is looked into immediately.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and thereafter any subsequent remedy implemented with the minimum of delay.
'At fault': In the case of all complaints (whether made through the Informal or Formal complaints procedure) where it is found that Media 3 is 'at fault', no charge will be made to resolve the complaint.
However, if Media 3 believes it is not 'at fault', the complainant will be charged for any time or costs involved in resolving the complaint. Where a complainant is charged for resolution of the matter, all the Terms & Conditions' set out in this document apply to payment for work done and costs incurred to successfully resolve the complaint.
Law: These Terms & Conditions and all other terms of agreement shall be governed and construed in accordance with the laws of England, the United Kingdom and the European Union. In cases of conflicting laws, requirements or legislation, those of England take priority, followed by the UK then the EU.
Severability: In the event that any one or more of the provisions of this document and the Authority to Proceed (ATP) 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, illegal or unenforceable provision.
Revision of these Terms & Condition: may take place from time to time but Clients do not have to accept any subsequent changes made to the Terms & Conditions they or their representative(s) signed at the commencement of production of the easyWeb website.
However, any subsequent new work undertaken by Media 3 will be governed by the most up to date Terms & Conditions published on this website (www.choose-easyweb.com) whether or not they have been duly signed by the Client or the Client's authorised representative.