Terms of Service

Definitions

The Client – A company or individual requesting the services of Grafton Media.
The Company – Grafton Media & its employees or partners.

General – The Company will carry out work only where an agreement is provided by email, telephone or mail. An ‘order’ is deemed to be a written or verbal contract between The Company and The Client; this includes telephone and email agreements.

Quotes & Contracts – Quotes provided to The Client will be honoured for thirty (30) days. A new quote will then be provided upon request. Contracts that have been written, but not signed by The Client will only be accepted within thirty (30) days of the delivery date. A new contract may be drawn up upon request.

Copyright and Ownership – Any ideas, campaign ideas, websites, graphics and any programming code/sourcefiles remain the property of The Company. Any scripts, applications, PHP or ASP.Net scripts or software (unless specifically agreed) written by The Company remain the property of The Company and may only be reproduced (commercially or otherwise) or resold with the permission of The Company. The Company cannot take responsibility for any copyright infringements caused by materials submitted by The Client. The Company reserve the right to refuse any copyrighted material unless the copyright owner gives permission in writing.

Supply of Materials – The Client agrees to make available as soon as is reasonably possible to The Company all materials required for completing the work to the agreed standard and within the set deadline. The Company will not be liable for costs incurred, compensation or loss of earnings due to The Client’s failure to meet agreed deadlines.

Acceptance Testing – Once The Company has completed the work outlined in the proposal The Client is expected to fully test any development and/or design work before it is set live. The Client is required to have fully tested the system within thirty (30) days of acceptance testing notification. Where errors or other issues are found before the site is live, The Company will endeavour to correct these issues within thirty (30) days, to meet the Project Proposal. If acceptance testing is not carried out within thirty (30) days the project will be invoiced for the remaining amount.

Accessibility – All work carried out by The Company for The Client that is used for public consumption will comply to UK and Irish accessibility legislation.

Compatibility – The Company will endeavour to ensure that any development work will function correctly on the server it is initially installed on and in addition that it will function correctly when viewed with the web browsing software: Microsoft Internet Explorer Version 8 and 9, Firefox 4, Google Chrome 4 and Safari 4. The Company can offer no guarantees of correct functionality with all browser software not mentioned above, unless stated within the project proposal. Any changes required due to a browser version being updated once are chargeable.

Hosting – Whilst The Company provides a hosting service, no guarantees can be made as to the availability or interruption of this service. The Company cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. The Company will make every endeavour to correct an issue as soon as it arises and within a reasonable time. For example if one of The Company servers has been unavailable for more than 48 hours, The Company will move affected sites to a new server. The Company reserve the right to refuse to handle in any way material that may be deemed offensive, illegal or in any way controversial, and will terminate the hosting service should the necessity arise.

Search Engine Optimisation – Due to external factors, such as changes to the way search engines rank websites, The Company cannot offer any guarantees regarding the position The Client’s website will achieve. The process of optimising websites itself will generate more traffic and increase visits to The Client’s site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites. The Company uses ethical techniques when optimising websites and always aim to achieve high rankings for The Client’s website within six months of undertaking the optimisation process. Due to the work involved payment is required in advance and we are unable to offer a refund in relation to this type of work. The Company reserve the right to refuse to promote in any way material that may be deemed offensive, illegal or in any way controversial.

Liability of Work
 – Whilst The Company makes every endeavour to ensure that The Client’s project is free of errors, The Company cannot accept responsibility for any losses arising due to malfunction of the work carried out or any part of it. The Company will not be liable for any losses arising out of a Force Majeure Event. Any additions to proposals provided will be carried out at the discretion of The Company and where no charge is made by The Company for such additions, The Company 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 Company will not be liable or become involved in any disputes between The Client and their clients and cannot be held responsible for any wrongdoing on the part of The Client. For example, disputes regarding content or images that have been provided to The Company for inclusion on the site. The Company 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 Client’s appointed agents.The Company will not be liable for any costs incurred; compensation or loss of earnings due to the unavailability of The Client’s website, email, The Company’s servers, software or any material provided by The Company’s hosting provider and data centre.

Indemnity
 – The Company liability in relation to any event or series of related events will not exceed the sum of £10,000 or the total amount paid, whichever is least paid by The Client to The Company during the six (6) month period immediately preceding the event or events giving rise to the claim. The excess for a claim is £1,000.

Warranty – After The Client has accepted the work there is a further 60 day warranty period on all development and design work. This excludes Search Engine Promotion and Pay Per Click advertising.

Payment for Work – A 50% deposit is required from The Client before any work commences. Upon completion of work and after the acceptance period, The Client will be invoiced for the remaining 50%. The Company reserves the right to request full payment before the start of any project.

Accepted Payment Methods – The Company only accepts payments via Cheque, Standing Order, Bank Transfer or PayPal. If The Client makes payment via a Bank Transfer or PayPal The Client must supply a remittance note within 7 days of payment.
Payment Terms – It is The Company’s policy that any outstanding accounts for work carried out by The Company or its affiliates is required to be paid in full, no later than thirty (30) days from the date of the invoice unless by prior arrangement with The Company.

Late Payment – If accounts are not settled within the thirty (30) days and The Company have not been contacted regarding the delay, late payment will incur daily interest charged at Bank of England base rate + eight percent (8%) in accordance with The Late Payment of Commercial Debts (Interest) Act 1998. You will also be charged a one off late charge fee of £70 for every £1,000 that is outstanding. Non-payment will result in suspension of hosting and email services. A reconnection fee of £65 is payable for suspended accounts. If accounts are not settled within sixty (60) days and The Company have not been contacted regarding the delay all services will be cancelled. The Company’s Solicitors will contact The Client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Delivery – We do not sell physical products. Electronic products are downloaded at the time of purchase. We will upload all projects upon receipt of final invoices.

Refunds – We offer a 7 day refund on electronic products. We do not offer a refund for custom services or services that have already been used. Refunds or credit notes are issued at the discretion of the company regardless of weather a project has started or not.

Privacy – We do not share or sell any of your details with any third party companies without your express permission and we will only email you or contact you about work related matters.

Third Party Vendors – Third party vendors may have separate terms of service agreements. The Company cannot be held liable for disputes with third party vendors. The Company cannot be held responsible for lack of functionality or any other aspect of third party services.

Complaints Procedure

Informal procedure – If The Client experiences a problem with the service provided by The Company the matter should be raised directly via email to hello@graftonmedia.com giving sufficient information to locate the material (such as a URL) and clearly outlining the grounds for complaint.

Formal complaints procedure – The formal complaints procedure should only be used where The Client feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to The Company, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

UK: Grafton Media, 49 Piccadilly House, Piccadilly, Manchester, M2 2AN, UK

An initial response to any complaint can be expected within five (5) working days of its receipt; a full and considered response to the complaint should be completed within thirty (30) days and any subsequent remedy implemented with the minimum of delay.

Termination of Services – If The Client requires to terminate the project during the course of any work The Client will be responsible for the amount of work already completed. Depending on the amount of work completed at the time of cancellation, this may mean receiving a full refund, a partial refund, no refund, or owing additional fees. In order to protect clients from unintentional service interruption, clients wishing to terminate any services must request the service termination in writing.

Non-Communication – If The Company is unable to communicate with The Client on a project for a duration of at least sixty days (30) by phone or email during the project it will be cancelled without notice and no refund will be issued.

Refusal of Service – The Company reserves the right to decline to do business with The Client for any reason.

Changes to Terms of Service – The Company reserves the right to change these terms of service at any time for any reason. The Client will be notified of any change.