Web site design, development, maintenance & hosting terms & conditions.
By placing an order with Metserve Media Limited, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client : This means any person, company, partnership, organisation or body at whose application requests the services of Metserve Media.
Metserve Media Limited, trading as Metserve Media. Directors & employees or affiliates.
1.1) Metserve Media will carry out work only where an agreement is provided either by email, telephone, mail or fax. Metserve Media will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Metserve Media and the client, this includes telephone and email agreements.
2 Web site Design
2.1) Whilst every endeavor will be made to ensure that the web site and any scripts or programs are free of errors, Metserve Media cannot accept responsibility for any losses incurred due to malfunction, the web site or any part of it.
2.2) The web site, graphics and any programming code, where applicable remain the property of Metserve Media until all outstanding accounts are paid in full.
2.3) Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Metserve Media remain the copyright of Metserve Media and may only be commercially reproduced or resold with the permission of Metserve Media.
2.4) Metserve Media cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
2.5) Certain images provided by Metserve Media may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a web site The licence may not permit them to be used in publicity material. The web site owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
2.6) Any additions to briefs provided will be carried out at the discretion of Metserve Media and where no charge is made by Metserve Media for such additions, Metserve Media accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
2.7) The client agrees to make available within seven days to Metserve Media all materials required to complete the site to the agreed standard and within the set deadline, as outlined by a member of Metserve staff.. Metserve Media will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. This said, the client may beliable for a penalty for any late submission of such material.
2.8) Metserve Media will not be liable or become involved in any disputes between the site owner 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 us for inclusion on the site.
2.9) Metserve Media 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.
3 Web site Hosting
3.1) Whilst Metserve Media states there is a 99.95% uptime to host web sites, no guarantees can be made as to the availability or interruption of this service. Metserve Media 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.
3.2) 1 Year Free Hosting. For designs that include a years free web hosting are subject to the following. The 12 month period starts from the date of the design commencing. For example, if a web site design was agreed on 1st January, the work actually began on the 10th of January with an estimated time for completion of 3 – 4 weeks, the hosting period would have started from 10th of January and not after.
3.3) Metserve Media reserve 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 free hosting service should the necessity arise. Those found to be violating our servers with illegal content, there information will be provided to the police.
4 Database, Application and E-Commerce Development
4.1) Metserve Media cannot take 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.
4.2) Any scripts, applications or software (unless specifically agreed) written by Metserve Media remain the copyright of Metserve Media and may only be commercially reproduced or resold with the permission of Metserve Media.
4.3) Where applications or sites are developed on servers not recommended by Metserve Media, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
4.4) The client is expected to test fully any application or programming relating to a site developed by Metserve Media before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Metserve Media will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
5 Website Maintenance
5.1) The term ‘monthly’ is from the 1st till the 28th of each respective month.
5.2) Maintenance payments are invoiced on the 28th of each month. If you are subscribed via PayPal subscription then the month starts from when your first payment is made.
5.3) The minimum term for maintenance is one(1) month.
6.1) Metserve Media will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Google Chrome and to an acceptable level with Mozilla browsers. Metserve Media can offer no guarantees of correct function with all browser software such as Internet Explorer.
7 Payment of Accounts
7.1) A deposit is required from any new client before any work is carried out. It is the Metserve Media policy that any outstanding accounts for work carried out by Metserve Media or its affiliates are required to be paid in full, no later than 3 days from the date of the invoice unless by prior arrangement with Metserve Media.
7.2) A deposit of 35% is required with any standard project and 50% for custom projects before any work will be carried out. This figure may be higher for web sites of an adult nature and is non-refundable.
7.3) Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
7.4) If accounts are not settled within 5 working days of the invoice date or Metserve Media have not been contacted regarding the delay, access to the related web site may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj’s) being added to the clients credit rating.
7.5) Following consistent non payment of an invoice 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.
8 Complaints Procedure
8.1) Informal procedure
Anyone who experiences a problem with their web service provided by Metserve Media should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Metserve Media will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
8.2) Formal complaints procedure
The 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 procedure.
A formal complaint should be made in writing to Metserve Media, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
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 any subsequent remedy implemented with the minimum of delay.
Please note: by signing up for any of our services you agree to be bound by all Metserve Media’ terms and conditions.