Media Modus is a web development company offering services ranging from project consultation and management, concept development to data driven websites and server software technology. whatever your reqirements we´re here to make sure your needs are met. Contact us today and let us help you start making it work!
General Agreement Terms and Conditions ( "Service Agreement" )
This document serves as an agreement between yourself and Media Modus.
Our business is continually evolving and as such we reserve the right to change our Agreement Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our terms and conditions. We will, however, notify you of any prominent changes we feel you need to be pro-actively made aware of.
By using any of the services and or software supplied by Media Modus you are confirming you have read, understand and agree to the terms and conditions in this document.
Content
1. Dedicated Servers
2. Uptime and Service Level
3. Data Integrity & Data Backups
4. Graphic Design
5. Software Development & Warranty
6. Website Design & Development
7. Fees, Payment & Late Payment
8. Cancellation & Refunds
9. Rights & Recognition
10. Legal & Limitation of Liability
1. Dedicated Servers
Media Modus where necessary and as part of our service may nominate and elect a third party provider to provide a dedicated server; Where this service is required your agreement will remain with Media Modus.
2. Uptime and Service Level
When sourcing providers we look for suppliers to have the highest level of uptime with multiple redundant connections to the internet, our suppliers internet connectivity should meet at the very least 99% up-time. you maye review our SLA by clicking here.
3. Data Integrity & Data Backups
As standard Media Modus does not back up any of your data, it is entirely your responsibility to manage your own data and ensure its safety and integrity and to ensure you have sufficient disaster recovery plans and systems in place.
Where you have subscribed to a Media Modus "Data Backup" service, Media Modus will backup to the target device the data as mutually agreed on the "Data List" document you provided. The "Data Backup" service is tailored per client based upon the information supplied by you, as our suggestions are subjective it remains your responsibility to ensure the data backed up and the plans you have are correct and are sufficient enough for your needs.
Even backup devices fail, you might consider as part of your plan multiple redundant devices. **
Media Modus is not a security or data integrity company and therefore recommends that you consult an appropriate agency to ascertain the effectiveness of the systems you have in place.
4. Graphic Design
We make no guarantee of copyright to customer. The customer assumes responsibility of obtaining Trademark or Copyright of any material created by Media Modus where Media Modus does not already have the Copyright. Media Modus assume no liability in the event that customer is unable to obtain Trademark or Copyright for any reason.
Original works created by Media Modus remain the copyright of Media Modus unless otherwise stated in writing by us. Where requested and always at our discretion Media Modus may hand over to you copyright for specific works.
5. Software Development & Warranty
Media Modus will always try to meet your software requirements as closely as possible and where technically feasible.
As is standard in the industry all software developed by Media Modus will remain our exclusive property. We do not pass or hand over the copyright implied or otherwise when delivering software solutions. To be clear, it is the solution you are being charged for not the source code contained within. The solution is delivered to you licensed for your use.
Title to the Software is not transferred to you. Ownership of all copies of the Software and of copies made by you is vested in Media Modus, subject to the rights of use granted to you in this agreement. As between you and Media Modus, documents, files, stylesheets, generated program code and schemas that are authored or created by you via your utilization of the Software, in accordance with its Documentation and the terms of this Software License Agreement, are your property.
In the course of our business we may include source codes for archival purposes. In this event no copyright is passed to you implied or otherwise, and remains our exclusive and intellectual property. In any event the following applies: you have no rights to view, display, analyse, reproduce, redeploy, redistribute, modify, release, hire and/or sell it.
5.1 Warranty
Media Modus Ltd DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. Media Modus Ltd does not warrant that the Software, its use, operation or your ability to use the Software will be uninterrupted or error-free or that all Software errors will be corrected. Media Modus Ltd does not warrant that the Software or service will meet your requirements or that the operation of the Software will be uninterrupted or error free.
Media Modus Ltd is not responsible for any damages whatsoever, including loss of information, interruption of business, personal injury and/or any damage or consequential damage without limitation, incurred before, during or after the use of this product. Media Modus Ltd's entire liability, without exception, in the case of Binary Compiled Win32 Executables is limited to the customers' reimbursement of the purchase price of the software (maximum being the suggested retail price) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of product from the customer back to Media Modus Ltd. In the case of Websites and Interpreted Code; due to the nature of the bespoke development and the close relationship between developer and customer the working or lack of including failure will not be subject to any reimbursment of any kind.
While we attempt to produce "bug" free software; due to the nature of the industry and the multitude of platforms our software may be executed on; our software is provided 'as-is'.
You agree to be bound by these terms and conditions by installing and/or using our software.
6. Website Development
Media Modus always endeavors to satisfy your website requirements.
Websites run on a platform ( the web server & operating system ) and are produced by writing lines of code that are either compiled and or interpreted ( the Software). All Websites including and/or 'part of' that we develop including but not limited to those parts that become part of a larger system where that system was not necessarily produced by us are subject to but not limited to clauses 5, 5.1 of this document.
7. Fees, Payment & Late Payment
For dedicated and value added services all Fees are payable monthly in advance. For all other services where indicated you will be provided a fixed credit period. You will be notified of this period on your invoice.
You may request an extended credit period; at our discretion of this may be granted.
Failure to meet payment dates may result in your account being frozen and/or your services being suspended without notice.
payment by credit cards may incur up to 4.5% surcharge.
Under the "Late Payment of Commercial Debts (Interest) Act 1998" we are entitled to charge you interest on any late payments. Late payment interest rate that applies in the UK is the reference rate + eight per cent. As of 1st July to 31st December 2005 the reference rate is 4.75% and the Interest Rate (Reference rate plus 8%) is 12.75%. Our compensation entitlement varies in accordance with the size of the debt the following minimum figures apply: Up to £999.99 the minimum sum to paid is £40.00, for £1,000.00 to £9,999.99 the minimum sum to be paid is £70.00 and for £10,000.00 or more the minimum interest we will charge is £100.00
8. Cancellation & Refunds
Where our work is Bespoke/Custom works usually undertaken to fit your needs and/or requirements there is no cancellation option. Should you no longer require us to continue with any project that you have requested us to complete, you may opt to put a stop order on the project and pay any and all monies outstanding.
For dedicated services you are required to provide at least one months notice of cancellation.
For downloadable software, a refund will only be considered where the software has not either been Installed or "Activated". You should ensure that the software meets your requirements prior to purchase.
9. Rights & Recognition
All copyrights of third parties recognised.All rights reserved.
10. Legal & Limitation of Liability
You use software and/or employ services either developed or supplied by Media Modus at your own risk and you agree to indemnify and hold Media Modus its related companies and its suppliers, harmless from and against any claims or liabilities arising out of its use/employment; Including but not limited to the software or services failing to perform as you might expect or for damage and/or loss of data, software, hardware and/or money.
To the maximum extent permitted by applicable law, in no event shall Media Modus or its suppliers be liable for any Special, Incidental, Direct, Indirect or Consequential Damages whatsoever (Including, without limitation, Damages for Loss of Business Profits, Business Interruption, Damages for Loss of Business Information, or any other pecuniary loss) arising out of the use or inability to use the software and or services or the provision of or failure to provide support services, even if Media Modus has been advised of the possibility of such damage. In any case, Media Modus’s entire Liability under any provision of this agreement shall be limited to the amount actually paid by you for the software product or service.
This obligation will survive any termination of this Agreement.
You hereby agree and consent to venue in Lincolnshire, United Kingdom, in the event of any legal action regarding this Agreement.
* Downtime due to supplier’s hardware failure. Downtime does not include software malfunction or configuration error on the server.
** Media Modus endeavors to make backups of your data while maintaining its integrity. Where a backup(s) fails you agree to indemnify Media Modus against any legal action or compensation claims both now and in the future.