Definition of our terminology as used within this document:
- A 'Project' is any work undertaken or service provided by Elixir Media Consultant Ltd. for the Client on their request and as described in our confirmation order email to that Client.
- A 'Client' is a person, persons, business or organisation using any of the
services provided by Elixir Media Consultant Ltd.
- 'Live Mode' means the date the website is available on the Client’s chosen domain.
- 'Domain' is the website address as specified by the Client.
- 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
- 'Hosting' is a yearly cost to keep a clients website activated online.
- 'Content' is both text and images that the Client requires on the website.
Elixir Media Consultant Ltd. Terms & Conditions
- The contract between Elixir Media Consultant Ltd. and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- The works to be carried out shall be as set out in the Elixir Media Consultant Ltd. confirmation order email.
- Email will be the method of contact with regard to all communication for the website design & development. It is the Client's responsibility to inform us of any change in email address so we always have up to date email contact details. Elixir Media Consultant Ltd. can not be held liable in any way relating to communication issues if we are not supplied a valid email address. Elixir Media Consultant Ltd. will acknowledge all emails within 3 working days. Our telephone support line is for website support issues only.
3.a If a customer's conduct via telephone is considered unreasonable we will
insist on email communication only. Elixir Media Consultant Ltd. reserve the
right to cancel a contract should customer contact be in breach of our
anti-harassment policy (*).
- Elixir Media Consultant Ltd. will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. Elixir Media Consultant Ltd. will also require 25% payment upon overall approval of the home page design. The final 25% payment is to be made on completion of the website. The website will be switched to Live Mode once the Clients remaining balance is paid in full.
- The deposit paid to Elixir Media Consultant Ltd. covers the cost of design work
carried out as well as any admin work and communication with Elixir Media
Consultant Ltd. The deposit is non refundable.
- The unlimited design revisions offered by Elixir Media Consultant Ltd. end when the client makes the second payment of 25% after the 50% deposit. Design changes beyond this point are subject to additional charges.
- Level 1 Flash animation refers to 3 hours of Flash development time on the
clients website by Elixir Media Consultant Ltd.
- Elixir Media Consultant Ltd. shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
- It is important for the Client to keep in contact with Elixir Media Consultant Ltd. throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 3 attempts to contact the client by email using the email address specified when the client placed their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We will
add a £75 admin charge if the client later returns and wishes to continue work on their project, Elixir Media Consultant will reserve the right not to continue work or re-schedule the timeline.
- It is very important client reply to email or provide feedback within 12 working hours otherwise timeline and project schedule will may disturb. If Elixir Media Consultant Ltd. will not get feedback from the client on time, project will be re-scheduled which will depend on our team work load.
- Where images used on the website have been purchased by Elixir Media Consultant Ltd. on behalf of the Client, these images are strictly for use on the website only. Elixir Media Consultant Ltd. are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
- Elixir Media Consultant Ltd. will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Elixir Media Consultant Ltd. will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
- All standard hosting offered by Elixir Media Consultant Ltd. is limited to 500mb of website space unless otherwise stated in a seperate contract. If your site requires more than 500mb of space we will advise of other hosting solutions and then cease hosting the site.
- Elixir Media Consultant Ltd. cannot be held responsible for anything adversely
affecting the Client's business operation, sales, or profitability that might be
claimed is a result of a service offered by Elixir Media Consultant Ltd.
- Where asked to provide search engine optimisation for a Client, Elixir Media Consultant Ltd. do not guarantee any specific placement or high ranking on search engines.
- Elixir Media Consultant Ltd. do not take any responsibility for a clients website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a clients website, there could be a change in the websites search engine ranking.
- Elixir Media Consultant Ltd. will provide the Client with an expected completion date for the Project (live on the internet) if requested. Elixir Media Consultant Ltd. will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Elixir Media Consultant Ltd. is purely an estimate.
- It is the Client’s responsibility to check with Elixir Media Consultant Ltd. whether Open Source Software is being used or not.
- The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by Elixir Media Consultant Ltd. or the Client.
- Elixir Media Consultant Ltd. will have intellectual right of any developed code
and design of the website unless agreed with the client in written.
- All images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Elixir Media Consultant Ltd.,
they will be the sole responsibility of the Client.
- Domain names will be registered by Elixir Media Consultant Ltd. and also registered to the Elixir Media Consultant Ltd. current address. Although the domain names are registered to Elixir Media Consultant Ltd. , the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Elixir Media Consultant Ltd. will do this within a reasonable timeframe.
- A domain name will be registered by Elixir Media Consultant Ltd. on behalf of the client once we have received the 50% deposit, 25% design payment, 25% final payment and a completed creative brief.
- It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Elixir Media Consultant Ltd. can not be held liable for this. However, Elixir Media Consultant Ltd. will make reasonable effort to contact the Client regarding domain renewal.
- When a Client renews Hosting with Elixir Media Consultant Ltd. , this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Elixir Media Consultant Ltd. can not be held liable for this.
- Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if Elixir Media Consultant Ltd. cannot contact the Client or the Client requests for Elixir Media Consultant Ltd. to not host this site. This will also affect the domain as per item 23.
- The Hosting renewal charge must be received within 5 days of the Hosting expiry date. Elixir Media Consultant Ltd. reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Elixir Media Consultant Ltd. for reactivating the website/Hosting.
- If the Client does not use Elixir Media Consultant Ltd. Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
- Should a Client wish to move Hosting away from Elixir Media Consultant Ltd. or transfer a Domain name away from Elixir Media Consultant Ltd., a £50 admin charge will be issued, which must be paid before the transfer takes place.
- If any email found spaming using server IP, Elixir Media Consultant Ltd. reserve the right to block the email and will may also disable the hosting account.
- Elixir Media Consultant Ltd. has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client's web sites constitute Elixir Media Consultant Ltd. endorsement, or approval of the website or the material contained within the website. Elixir Media Consultant Ltd. has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. Elixir Media Consultant Ltd. provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
- Elixir Media Consultant Ltd. shall place a small text link on the footer of a Clients website that simply states the website was designed by Elixir Media Consultant Ltd. and links to our company website.
- Elixir Media Consultant Ltd. are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
- If a Domain name is purchased by the Client through a company other than Elixir Media Consultant Ltd.,
the Client has full responsibility in making sure that the domain name is
renewed when due. Elixir Media Consultant Ltd. will not renew the Domain name
when annual Hosting renewal is due if the Domain name is purchased through a
company other than Elixir Media Consultant Ltd.
(*) Elixir Media Consultant Ltd. will not tolerate any form of harassment against it's employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.