Terms & Conditions.

Terms & Conditions

Our terms and conditions

1.1        Payment

All payments are due within 30 days of billing. Late payments will be charged a 1.5% compounded monthly late fee. Should a payment be late, Colourmedia reserves the right to freeze all work until accounts are settled. Payments must be made via BACS Payment for deposits and Standing Order for all future monthly payments to:

 

Colourmedia Solutions Limited

Bank – Barclays Bank

A/C Name: Colourmedia Solutions Limited

Sort Code: 20-18-47

A/C No.: 53653854

 

Company Number: 09703935

All pricing exclude VAT at the current rate.

1.2        Ownership

Colourmedia will provide a Finished Product(s) to the Client in the form of source, rendered and asset files. These files become the exclusive property of the Client upon acceptance of delivery, however these files are partially based on a non-exclusive code base created and maintained by Colourmedia and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies do NOT become the property of the Client, only the Finished Product(s). In addition, the Finished Product(s) may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies is expressed or implied. Additional licensing may be required with third party assets.

 

1.3        Point of Contact & Training

Colourmedia will require one point of contact during the Contract for clarifying requirements for design, key features, usability and maintenance issues. Colourmedia requires this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions on the system.

 

1.4        Project Management & Communication

Colourmedia will manage this Contract using either a proprietary project tracking software including wikis, issue tracking, Subversion integration, announcements and timelines or through email. The Client’s Point of Contact, stakeholders, and collaborators will all have appropriate access to the project and all associated assets. This system will serve as a primary mode of communication, documentation, and reporting. Any approval marked within the system by the Point of Contact will be considered official written approval. The client does have access to telephone contact within the normal business hours of Colourmedia.

 

1.5        Independent Contractors

Colourmedia retains the rights to subcontract any portion of the Contract with the client’s permission not to be unreasonably withheld.

 

1.6        Non solicitation

If within one year of termination of this agreement the Client hires or contracts with any employee or Independent Contractor of Colourmedia. The Client will agree to pay Colourmedia, a finder’s fee of 50% of the annual salary or contract fees offered to the contractor or employee. Said payment will be rendered within 30 days of hiring or contracting the contractor or employee.

 

1.7        Response Time

Colourmedia has its own in house dedicated team with a diverse knowledgebase. Colourmedia is set up to support on call services. Within the duration of this Contract Colourmedia will make every effort to reply to and deal with inquiries within 8 hours except where The Client has been previously notified of a period of limited availability. Colourmedia will respond in good faith but cannot guarantee any specific action within a given time frame. Our hours of work are 8am to 5pm Monday to Friday. There is emergency support outside these hours if connectivity to the site is an issue. Colourmedia deems that a reasonable timescale is no more than 10 working days.

 

1.8        Dependencies

In the event that any aspect of this Contract is dependent on a separate third party or the Client’s in house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. Colourmedia is not responsible for any delay or defect caused by a separate third party or the Client’s in house teams.

 

1.9        Images

Colourmedia’s image research is included in the budget.  The price of purchasing images, video services or custom photography is additional.  All image purchases will be agreed with the client in advance. Colourmedia will not be held responsible for any copyright issues from images supplied by the client. It is the client’s responsibility to ensure they have the appropriate rights to any content supplied. Colourmedia deems that a reasonable timescale is no more than 10 working days.

 

1.10    Copywriting

Copy will be supplied to Colourmedia by the client in the form of a word document and/or email. It is the client’s responsibility to ensure they have the appropriate rights to any content supplied. Colourmedia deems that a reasonable timescale is no more than 10 working days.

 

1.11    Training

Where required training will be given up to a maximum of 4 hours either onsite if within 25 miles of Colourmedia’s offices or remotely if further. It is the responsibility of the client to have the appropriate equipment onsite to conduct the training including Internet access. Colourmedia can quote separately for further distances.

 

1.12    Hosting

Colourmedia does provide Hosting services to host your site. If the client elects to provide their own hosting the client is responsible for choosing, paying for, and maintaining any required Hosting solutions and associated services. As a courtesy, Colourmedia may offer suggestions, however, Colourmedia is NOT responsible for down time, poor performance, or loss of data caused by the clients own Hosting Provider.  Additionally, Colourmedia is not responsible for any bug caused by changes on the Host after the Acceptance of this Contract, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations. The Client is solely responsible for the Backup and Restoration of the Finished Product(s) and any associated data on the server hosting account. It is the client’s responsibility to carry out computer virus precautions. Data stored on our servers is backed up. It is the responsibility of the client to keep independent backup files of important data. We the company cannot be held responsible for any loss incurred from the client’s inability to backup any files. Telnet shell accounts are made available for editing and setting up your web site. It is not a development platform for issues unrelated to your web site. Clients must not leave their home directory at anytime. Clients must not attempt to gain the privileges of another user.  Any interference with the following files will result in your telnet access being removed -.bash_history – .bash_logout – .bash_profile – .bashvc. Clients may have commercial use of web and ftp space. This privilege must not be abused. If the company believes that this or any other facilities have been abused by the client, this will result in an immediate termination of their account. Clients will be responsible for the content of their page/s including obtaining the legal permission for any works they include and ensuring that the contents of their page/s do not violate UK or any other laws that are applicable. The clients will be responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via their page/s. When seeking domain registration, the client will be responsible when placing an order to ensure that the domain has not been registered by some other person.

 

1.13    Backups

Colourmedia maintains internal backups of active project code and design files. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of this Contract. While the Colourmedia backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the Backup and Restoration of the Finished Product(s) and any associated data.

 

1.14    Security

Although Colourmedia makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, Colourmedia can in no way guarantee that the Finished Product(s) will not be subject to security breaches. Colourmedia recommends the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. The Client is solely responsible for tracking software updates. Any updates during the life of or after the expiration of the Contract can be negotiated as an addendum to this Contract or as an additional Contract. The client will be given a login account, which is for personal use only. Clients must not divulge the password to any other people. The client shall taken reasonable precautions to ensure that it is not discovered by other people. The company reserves the right to change the password in the event of any suspected security breach

 

1.15    Limited Liability

The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the Client of the output of the Software or any reliance thereon; and (c) obtaining the required licenses and respect copyright for any and all third part assets including but not limited to fonts, media, and software. The Client shall also be responsible for the continued operation and maintenance of the computer equipment and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.

 

The Client agrees that any liability of Colourmedia relating to this agreement and the services performed shall be limited to the amount of fees actually received by Colourmedia from the Client under this agreement regarding the services in question. In no event shall Colourmedia be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.

 

1.16    Warranty

Colourmedia will provide patches and bug fixes for any bugs or issues included in the scope of this contract reported within the grace period of no more than 30 days following the date of project completion as defined by the date the client signs off on the deliverables. All bug fixes outside of the project scope or after the grace period are the responsibility of the client.

 

Hourly projects are NOT subject to warranty. Design and the placement, editing and arrangement of editorial content are NOT subject to warranty. Should further support be necessary, a support contract may be negotiated.

 

1.17    Credit

Colourmedia retains the right to use the Client within its roster of clients. A link to the Client’s website/application website will be placed on the Colourmedia web site as part of its business portfolio.

 

1.18    Review, Expiration or Cancellation

This Contract is valid for the calendar year of in which it was signed, upon which point it expires. Upon expiration, both parties may review and amend the Contract and decide whether or not to renew. This Contract may be terminated by Colourmedia with a full 30 day written notice. All payments up to the point of termination will be due and all work will be submitted upon the termination of Contract.