2M Digital Media Limited – Terms & Conditions
(1) Right to Terminate Accounts
2M Digital Media Limited reserves the right to terminate any account for any failure to comply with the any of the Terms of Service. Should we decide to terminate, unused fees will NOT be refunded.
(2) Invoicing and Payment
A) Customers must pay their accounts by the due date stated on the invoice. Under special circumstances accounts may be paid monthly due on the first day of each calendar month but only by prior arrangement.
B) Any query or dispute with an invoice must be made known to 2M Digital Media Ltd within 7 days from date of invoice. Any query or dispute arising from an invoice after the 7 days will not be allowed and will remain payable.
C) For new accounts 50% of the invoice value must be paid prior to commencement or work, with the remaining 50% payable at the time the site is due for publishing or release unless alternative arrangements have been made.
D) Late payments please see Point 2 Note K.
E) Payment may be by cheques or cash allowing 7 days to clear in the case of cheques.
F) All cheques must be made payable to 2M Digital Media Limited.
G) If a customer fails to pay for their service their web site links will be broken and made inaccessible until all payments due and all late fees have been paid. If a customer still fails to pay, their web site will be removed from the server, and legal proceedings started to recover the monies owed.
H) If a customer fails to pay an invoice that was initially discounted or charged at cost, then 2M Digital Media Limited reserves the right to credit the original discounted or at cost invoice, and re-issue the invoice at the full cost. The customer will then have 7 days in which to settle the invoice. If this new invoice is not settled within the 7 days, then we reserve the right to charge late payments – please see Point 2 Note L.
I) Where the invoice relates to web hosting &/or email and the invoice has not been paid within 30 days, 2M Digital Media Limited reserve the right to suspend or terminate the clients services giving notice of 7 days to the client that such action will be taken if the invoice remains unpaid at the end of the 7 days notice period. After this notice period, the full amount of the annual hosting &/or email will still be payable.
J) If the client defaults on payment as agreed and are in receipt of any artwork or software designed, produced and created by 2M Digital Media Limited, we reserve the right of copyright ownership until the account is paid in full.
K) If the web site is already online and the client defaults on payment of the final instalment 2M Digital Media Limited or its agents reserve the right to withdraw any hosting services until the account is paid in full.
L) All invoices must be paid no later than 30 days of the invoice date, unless otherwise agreed or stated on the invoice. Failure to pay invoices in full within 30 days of submission of invoice will result in a chargeable daily interest rate and will be back dated from the time of default. The interest charged will be 0.3% per day until the debt has been discharged. If there is a continued failing to pay the outstanding amounts owed, this will lead to legal proceedings being commenced to recover the monies and/or bankruptcy proceedings commenced. Legal proceedings will start no later than 14 days after the due date of the reminder. All services provided will also be terminated without notice.
M) 2M Digital Media Limited is not VAT registered.
(3) Service Duration
A) The duration of a Customer’s contract shall begin on the 1st of the month following the release of their web page.
B) A web page will only be publicly released by 2M Digital Media Limited once the customer approves all site and web design as complete and satisfactory and confirms this in writing.
C) For the purpose of these terms, a page released within the ten days following the 1st of the month shall be considered as having been released on the 1st day of the month for contract duration purposes.
(4) Termination of Service
A) A customer may terminate their service at any time by written request giving 30 days notice of termination.
B) When a customer terminates their service, they will NOT be entitled to a refund of any unused months left in their account at the time the account is to be closed. See Item 11, Ownership of Web Pages.
C) A customer’s page may remain active if they wish until the end of the month in which they schedule the termination of their account.
D) A fee of £250 per website will charged if a client requests their site hosting &/or email transferred by 2M Digital Media Limited to another provider. This is non-negotiable. 2M Digital Media Limited agree to provide ftp services for a period of 14 days after the transfer request, for the new provider to download the clients website. This will be included in the £250 transfer fee charged above.
(5) Unsuitable/Illegal Information
A) 2M Digital Media Limited reserves the right to refuse to post any information it considers obscene or morally unsuitable or is seen to breach copyrights, libelous, defamatory or illegal.
B) Should such a submission occur, the customer will be advised which information was deemed unsuitable, and requested to amend the information. If the customer can show good reason to use the “unsuitable” information it’s inclusion may be considered.
(6) Errors and Omissions
A) Despite the best efforts of 2M Digital Media Limited, errors in web page information will occur. At no time will 2M Digital Media Limited’s responsibility for accidentally including erroneous information extend beyond correcting the error.
B) If a customer discovers an error on their site, 2M Digital Media Limited will immediately correct the error as soon as we are notified. No charge will be levied for error corrections.
C) 2M Digital Media Limited cannot be held liable for loss or damage caused as a result of third party action or failure.
(7) Site Maintenance and Support
A) All web sites, software and additional services incur some form of maintenance. 2M Digital Media Limited defines the following terms under the heading, Maintenance. All hosting charges include Support & Maintenance unless otherwise agreed by the client and 2M Digital Media Limited.
Changes are defined as modifications to existing pages, not the creation of new pages. Changes to a site that require additional pages or graphics fall under New Pages. Normal Maintenance means changes to a web site requiring 2 man hours or less to implement. Major Revisions are changes requiring more than 2 man hours to implement.
A software bug is an error, flaw, mistake, failure, or fault in a computer program that prevents it from working as intended, or produces an incorrect result. Bugs arise from mistakes and errors, made by people, in either a program’s source code or its design. It is said that there are bugs in all useful computer programs, but well-written programs contain relatively few bugs, and these bugs typically do not prevent the program from performing its task.
B) The editing and maintenance of a page that is changed on a monthly basis (a “rotating” page) is considered separate from normal client site maintenance. This page may link back to pre-existing pages, but may spawn no new pages.
C) Requests for web site maintenance:
Requests to revise data in a web site must be submitted to the webmaster via e-mail or in writing together with the actual updates. 2M Digital Media Limited will establish if the update falls within the scope of existing maintenance agreements if applicable, and if not advise the customer of the cost of the update.
D) All developments by 2M Digital Media Limited will carry a 45 day free bug testing period.
A) Customer contracts may be modified at any time to add or delete services to better fit a customer’s needs.
B) If a site or software requires additional pages, graphics or development, this is in effect a contract change. An amendment will be made to the original contract and once approved become the main contract.
C) Additional content which affects the contract will take effect from the 1st of the month after the changes have been made.
D) The contract period is for 1 year from the 1st day of the month.
(9) Uploading Amendments/Sites
All site updates will be up-loaded free of charge to coincide as near as possible to the 1st day of the month.
(10) 2M Digital Media Limited Links
A) 2M Digital Media Limited reserves the right to insert a link button that returns to the 2M Digital Media Limited home page at the bottom of all web sites hosted by 2M Digital Media Limited on their disk space. We guarantee that this link will not affect performance of the hosted site.
B) 2M Digital Media Limited will insert a reference link by default from their clients page which will be removed should the customer specifically request it.
C) Stand alone web sites maintained by 2M Digital Media Limited will have these link buttons inserted by default. The customer may request removal of the buttons; however, if these buttons are removed from the customer’s home page, the customer’s link on the 2M Digital Media Limited business client page will be removed.
(11) Ownership of Pages / Copyright
Web pages created by 2M Digital Media Limited for its customers are works created under contract for the purposes of copyright law. In order to fulfil the contract and take ownership of the copyright of pages created by 2M Digital Media Limited, the client must meet the following contractual conditions:
A) The customer must pay all contractual start-up fees and annual fees according to Item 3, Invoicing and Payment.
B) The customer must maintain their account in good standing for a period no less than 6 months following the beginning of their duration of service as defined in Item 4, Service Duration.
C) Failure to meet either of the two previous conditions results in the surrender of the ownership of the web page copyrights to 2M Digital Media Limited, its successors and assigns.
Any confidential or proprietary information which is acquired by 2M Digital Media Limited from a client Company, person or entity will not be used or disclosed to any person or entity, except when required to do so by law.
If required, 2M Digital Media Limited will sign and adhere to the conditions of any Confidentiality Agreement used by the client.
1. If your site is hosted on 2M Digital Media Limited’s server you will be entitled to free updates as defined in the package used in the first year. Subsequent years will be charged at the normal rate. There will be an annual charge for domain mapping and registration of your domain name. If the customer fails to provide remuneration for these fees their service will be terminated.
2. Dedicated Hosting supplied by 2M Digital Media Limited. All dedicated hosting plans / servers are for the sole use of the customer supplied. No reselling of the dedicated server or plans contained therein are permitted without the express permission of 2M Digital Media Limited. Any customer found to be reselling webspace on their dedicated server will have the offending domain removed without prior warning. Permission must be sought in writing first. All domains must be owned by the customer of 2M Digital Media Limited.
3. Where a customer wants to resell webspace on their own dedicated server, this intention must be conveyed in writing to 2M Digital Media Limited before the start of the contract.
4. All dedicated hosting plans are based on one year on a rolling contract basis.
5. Payments: All hosting charges are to made in advance for one year.
6. Payment is to be by BACS or cheque.
7. Cancellation of dedicated hosting must be in writing and must be sent at least 30 days before termination is required and 30 days before the annual hosting is due for renewal otherwise the annual hosting will be chargeable for the forthcoming year.
8. Either party concerned may terminate the contract giving one months notice. Notice must be given in writing. Verbal comunication will not be acceptable.
9. 2M Digital Media Limited reserve the right to increase monthly costs for dedicated hosting at any time. One months notice will be given of such change by email.
(14) Web Site Design
1. Artwork produced by 2M Digital Media Limited:
Artwork refers to the design and creation of original graphic elements and the overall design of the web site, including page layout and navigational structure. 2M Digital Media Limited, without exception, retains the copyright to original artwork created in-house and as defined above, until the client has paid for the commission in full. Some of the images used in our web sites use images sourced from third parties. These images are always copyright free or licensed for commercial use.
2. Outsourced Images and Written Content (copy):
The client is responsible for ensuring that all images (i.e. photographs and original artwork) and written content (copy) they supply with the intention of publishing in a web site commissioned to 2M Digital Media Limited are copyright free. The client must own the rights or have acquired permission or licence to publish the images and / or copy it before they are published on the Internet. Our staff will always check that permission has been granted or that suitable provision has been made to prevent the illegal use of protected images and text, however, 2M Digital Media Limited and its staff cannot be held responsible for any contravention of copyright laws that may arise due to the illegal use of unauthorised images and copy supplied by its clients.
3. The client is responsible for providing all source content and copy unless otherwise agreed.
(15) Web Site Redesign
2M Digital Media Limited will act in good faith that web sites that require redesigning are the sole property of the client and that the client has full ownership and responsibility of the web site and its’ content. We cannot be held responsible in the event that we make amendments to existing artwork that the client does not own, or has not paid for when it has not been declared prior to commencement of the work. You may be liable for prosecution under current copyright laws if you distribute or amend images and written text that you do not own or do not have permission to use.
(16) Applicable law and place of jurisdiction
These General Business Terms, as well as all the contracts and documents mentioned herein, are subject to laws of England and Wales.
We reserve the right to amend these Terms and Conditions without prior notice.
Errors & Ommissions