These terms are applicable
for all commissions.
All services provided by Hayden-Media to the Customer
are subject to the following terms and conditions.
1. Acceptance. A copy of these terms and conditions must
be signed by all new customers at the time of submission
of work to Hayden-Media, indicating agreement to and
acceptance of these Terms and Conditions. Alternatively,
payment of an advance fee or payment online is an
acceptance of our terms and conditions, a copy of which
is available via our website.
2. Charges. Charges for services to be provided by
Hayden-Media are defined in the project quotation that
the Customer receives via e-mail or post. Quotations are valid
for a period of 30 days. Hayden-Media reserves the right
to alter or decline to provide a quotation after expiry
of the 30 days.
All Web site design services require an advance payment
of a minimum of fifty (50) percent of the project
quotation total before the work is supplied to the
Customer for review. 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. Charges for web design work does not cover
the release of source png or fla files; if the Customer
requires these items then a separate quotation can be
prepared.
Payment for services is due by cheque or bank transfer.
Cheques should be made payable to Andrew Hayden and sent
to 48 Harlington Road, Mexborough, South Yorkshire, S64 0DF.
3. Customer Review. Hayden-Media will provide the
Customer with an opportunity to review the appearance
and content of the Web site during the design and once
they are completed. At the completion of the project,
such materials will be deemed to be accepted and
approved unless the Customer notifies Hayden-Media
otherwise within ten (10) days of the date the materials
are made available to the Customer.
4. Turnaround Time and Content Control. Hayden-Media
will install and publicly post or supply the Customer's
Web site by the date specified in the project proposal,
or if no such date is specified, within four weeks of
the date initial payment is received from the Customer,
unless a delay is specifically requested by the Customer
and agreed by Hayden-Media.
In return, the Customer agrees to delegate a single
individual as 'first-point-of-call' to aid Hayden-Media
with progressing the commission in a satisfactory and
expedient manner.
During the project, Hayden-Media will require the
Customer to provide copy and images. If content is not
provided within four (4) weeks of an official request by
email or telephone, then Hayden-Media reserves the right to advise the
Customer of a revision to the final payment fee based on
new or revised pricing schedules that may be introduced
from time to time. If content is not provided within
eight (8) weeks from the original email or telephone request then the
Customer is considered to be in default of the
commission, the project will be terminated and the
Customer sent the final invoice for immediate payment.
Hayden-Media will agree, at its discretion, to
recommence the commission after agreement is reached on
a new quotation document and once the original fees have
been paid.
5. Payment. Invoices will be provided by Hayden-Media
upon completion of the work for Web Design and any
associated services. Invoices are normally sent via
email or hard
copy. 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 £25 per month of the total amount due.
6. Default. Accounts unpaid thirty (30) days after the
date of invoice will be considered in default. A further
period of up to fourteen (14) days may be allowed to provide
Customers with the opportunity to correct any possible
oversight. If the
Customer in default maintains any information or files
on Hayden-Media's Web space, Hayden-Media will, at its
discretion, remove all such material from its web space
after this time.
Hayden-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 Customer of the
obligation to pay any outstanding charges assessed to
the Customer's account. Cheques returned for
insufficient funds will be assessed a return charge of
£25 and the Customer's account will immediately be
considered to be in default until full payment is
received. Customers with accounts in default agree to
pay Hayden-Media reasonable expenses, including legal
fees and costs for collection by third-party agencies,
incurred by Hayden-Media in enforcing these Terms and
Conditions. Customers agree that Hayden-Media are
granted the right to seize any of the customer's goods
if payment is not made.
7. Termination. Termination of services by the Customer
must be requested in a written notice and will be
effective on receipt of such notice. E-mail or telephone
requests for termination of services will not be
honoured until and unless confirmed in writing. The
Customer will be invoiced for design work completed to
the date of first notice of cancellation for payment in
full within thirty (30) days.
8. Legal Restrictions. Terms and Conditions relating to
hosting account content and usage may be found at here
9. Copyright. The Customer retains the copyright to
data, files and graphic logos provided by the Customer,
and grants Hayden-Media the rights to publish and use
such material. The Customer must obtain permission and
rights to use any information or files that are
copyrighted by a third party. The Customer is further
responsible for granting Hayden-Media permission and
rights for use of the same and agrees to indemnify and
hold harmless Hayden-Media from any and all claims
resulting from the Customer's negligence or inability to
obtain proper copyright permissions. A contract for Web
site design and/or placement shall be regarded as a
guarantee by the Customer to Hayden-Media that all such
permissions and authorities have been obtained. Evidence
of permissions and authorities may be requested.
10. Standard Media Delivery. Unless otherwise specified
in the project quotation, this Agreement assumes that
any text will be provided by the Customer in electronic
format (ASCII text files delivered on floppy disk or via
e-mail or FTP) and that all photographs and other
graphics will be provided physically in high quality
print suitable for scanning or electronically in .gif,
.jpeg, .png or .tiff format. Although every reasonable
attempt shall be made by Hayden-Media to return to the
Customer any images or printed material provided for use
in creation of the Customer's Web site, such return
cannot be guaranteed.
11. Design Credit. A link to Hayden-Media will appear in
either small type or by a small graphic at the bottom of
the Customer's Web site. If a graphic is used, it will
be designed to fit in with the overall site design.
12. Access Requirements. If the Customer's Web site is
to be installed on a third-party server, Hayden-Media
must be granted temporary read/write access to the
Customer's storage directories, and those directories
must be accessible via FTP. Depending on the specific
nature of the project, other resources might also need
to be configured on the server.
13. Post-Placement Alterations. Hayden-Media cannot
accept responsibility for any alterations caused by a
third party occurring to the Customer's pages once
installed. Such alterations include, but are not limited
to additions, modifications or deletions.
14. Domain Names. Hayden-Media may purchase domain names
on behalf of the Customer. Payment and renewal of those
domain names is the responsibility of the Customer. The
loss, cancellation or otherwise of the domain brought
about by non or late payment is not the responsibility
of Hayden-Media. The Customer should keep a record of
the due dates for payment to ensure that payment is
received in good time.
15. General. These Terms and Conditions supersede all
previous representations, understandings or agreements.
The Customer's signature (below if hard copy) 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.
16. Governing Law. This Agreement shall be governed by
English Law.