Definitions

The Client: The company or individual requesting the services of Ecce Media Ltd.

Ecce Media Ltd.: website designer/developer, IT solution provider, site owner & employees or affiliates.

General

Ecce Media Ltd. will carry out work only where an agreement is provided either by email, telephone, mail or fax.

An 'order' is deemed to be a written or verbal contract between Ecce Media Ltd. and the client, this includes telephone and email agreements.

Web Development

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Ecce Media Ltd. cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website graphics and any databases remain the property of Ecce Media Ltd. until all outstanding accounts are paid in full.

Any scripts, or software (unless specifically agreed) written by Ecce Media Ltd. remain the copyright of Ecce Media Ltd. and may only be commercially reproduced or resold with the permission of Ecce Media Ltd.

An Ecce Media Ltd. logo or link may be placed on the site.

Ecce Media Ltd. 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.

Any additions to the brief will be carried out at the discretion of Ecce Media Ltd. and where no charge is made by Ecce Media Ltd. for such additions, Ecce Media Ltd. 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.

The client agrees to make available as soon as is reasonably possible to Ecce Media Ltd. all materials required to complete the site to the agreed standard and within the set deadline.

Ecce Media Ltd. will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Ecce Media Ltd. 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.

Ecce Media Ltd. 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.

Ecce Media Ltd. will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.

Intellectual Property Rights

All patents, copyright, trademarks or other intellectual property rights, methodologies, techniques, scripts, coding, designs ideas, know-how and solutions developed by Ecce Media Ltd. (unless specifically agreed in writing) remain with Ecce Media Ltd.

Database, Application and E-Commerce Development

Ecce Media Ltd. 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.

Any scripts, or software (unless specifically agreed) written by Ecce Media Ltd. remain the copyright of Ecce Media Ltd. and may only be commercially reproduced or resold with the permission of Ecce Media Ltd.

Where applications or sites are hosted on servers not operated by Ecce Media Ltd., 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 client's responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Ecce Media Ltd. before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Ecce Media Ltd. will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief, such work may be billable.

Where the client has the ability to change or alter the site content or functionality, it is the onus of the client to ensure site integrity after any changes are made. Ecce Media will not be accountable for any loss of earnings or search engine visibility as a result of these client actioned changes or requests. Ecce Media Ltd. will endeavour (but is not obliged to) to address these issues, however, such work will be billable.

Compatibility

Industry-standard coding practises will be utilised as appropriate and will allow cross-platform viewing.

Ecce Media Ltd. can offer no guarantees of correct function with all browser software.

Website Hosting

We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

Ecce Media Ltd. 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 hosting service should the necessity arise.

It is the general policy of Ecce Media Ltd to act as a provider of an internet presence. Ecce Media Ltd. reserves the rights to suspend or cancel a customer's access to any or all services provided by Ecce Media Ltd if we decide that the account has been inappropriately used. This misuse may be the hosting of inappropriate or copyrighted material, distribution of viruses and/or using the hosting services as off-site storage for non-business related files.

This list is not exhaustive. The use of Ecce Media Ltd servers for the distribution of SPAM will not be tolerated and will result in immediate service suspension.

Domain Name registration

Ecce Media Ltd. is not and does not act as a domain name registrant, but acts as an agent for both the client and the registrant concerned.

Ecce Media Ltd. registers domain names, in their clients' names, on behalf of the client, with various registrants. The ownership of the domain name is only assured when the registration has been effected and not before.

These registrations are bound by these terms & conditions and the terms and conditions of the various naming authorities - in the case of .co.uk it is Nominet.

Ecce Media Ltd registers these domain names in good faith, with the understanding that the client has the right to use such name or trademarks.

Ecce Media Ltd. will not be liable for any costs incurred, compensation or loss of earnings should the client, registering the domain, infringe on the rights of any third party.

Payment of Accounts

A deposit may be required from a new client before any work is carried out.

It is company policy that any work carried out by Ecce Media Ltd. or its affiliates is required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Ecce Media Ltd.

For invoices relating to hosting and support agreements, clients are obliged to pay Ecce Media Ltd. within 30 days of the invoice date to ensure continuity of service.

If the customer wishes to dispute any charges, they must do so in writing within 15 days of the invoice date. Ecce Media Ltd. reserves the right to suspend services, and/or to charge interest at 4% over base rate on any overdue payments until such time as payment in full, including interest, is received.

Ecce Media Ltd. may review and reserves the right to increase the charges annually on the 1st February each year.

Staff

For the duration of the contract, and for 12 months following its completion, the client will not approach nor employ any

Ecce Media Ltd team-member in its business or on a freelance basis, without prior agreement from Ecce Media Ltd. Ecce Media Ltd. in return agrees not to employ or contract the client's employees for the same period

Notes

Ecce Media Ltd. reserves the right to change or modify any of these terms or conditions at any time. This document was last updated in November 2020.

Should clarification of any of the above be required please contact Ecce Media Ltd.

Carl

Web Developer

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