The following terms and conditions apply to all services provided by IH Media to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client agrees to receive a service from IH Media then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of the services provided by IH Media implies that you have read and accepted our terms and conditions.
2.1 Website Design
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work starts. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work, prior to upload to the server or release of materials.
The initial deposit is only refundable if no work has begun.
2.2 Website Maintenance
Payments will be due on the first day of each month and are subject to change.
Unless agreed otherwise with the Client, all website maintenance payments shall be paid by bank transfer.
2.3 Website Hosting
Payments for website hosting services are payable yearly in advance. An invoice will be emailed to the Client thirty (30) days prior to renewal.
2.4 Additional Services
Payment for any additional services requested by the Client will be due fourteen (14) days after completion.
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 two percent (2%) or £5 per month of the total amount due.
Termination of services by the Client must be given in a written notice and will be effective on receipt of such notice. Requests for termination of services received by any other means will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
IH Media may terminate any provision of the service it provides if, at any stage, the Client breaches any agreed obligation.
Upon termination of service, refunds will only be issued for services paid for but not received by Client upon written request.
Client shall indemnify and hold harmless IH Media from any and all claims, damages, liabilities, costs, and expenses resulting from, relating to, or arising from any content or data provided by Client to IH Media that may (a) harm or hinder any persons use of our service, or (b) infringe any intellectual property rights of a third party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants IH 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 IH Media permission and rights for use of the same and agrees to indemnify and hold harmless IH 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 IH Media that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested at any time.
IH Media and Client will hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information.
8. Design Credit
A link to IH Media will be placed at the bottom of the Client’s website. Client may request that the design credit be removed, and this will be done upon payment of applicable fee. The Client also agrees that IH Media may use the developed website within any promotional material as deemed appropriate by IH Media, including but not limited to the IH Media website.
9. Governing Law
These Terms and Conditions and any agreement entered into shall be governed by and construed in accordance with UK Law.
IH 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 IH Media to the Client in respect of any claim whatsoever, whether or not arising out of negligence, shall be limited to the charges paid for the Services in respect of which the breach has arisen.
11. Force Majeure
Neither party will be liable for, or will be considered to be in breach of or default under these Terms & Conditions or those of any IH Media agreement (collectively “Agreement”) on account of, any delay or failure to perform as required by Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
IH Media shall be deemed an independent contractor and nothing contained within the Agreement shall constitute this arrangement to be employment, a joint venture, or a partnership. The Client does not undertake by this Agreement, or otherwise, to perform any obligation of IH Media, whether by regulation or contract. In no way is IH Media to be construed as the agent or to be acting as the agent of Client in any respect, any other provisions of this Agreement notwithstanding.
In the event, any provision of these Terms and Conditions or any agreement entered into shall be held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.