Frish Media Copyright © 2000 – 2012
All rights reserved
All materials on this Web Site (the “Site”), and the Site itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by Frish Media or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Site, as well as the software used in the design and development of this Site. All rights are reserved, worldwide.
The name and mark Frish Media, the Frish Media logo, and all other Frish Media-related marks depicted in this Site, whether registered or unregistered, are trademarks or service marks of Frish Media and of Frish Media in any other countries.
The materials contained in this Site are displayed for informational and promotional purposes only. This Site is solely for private, personal, and non-commercial use. You may download or copy materials in this Site solely for your personal non-commercial use. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the materials in this Site, or any related software. Any other use of materials on this Site, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Frish Media, is strictly prohibited.
Terms of Business
1. Payment and Provision of Work
- 1.1. No work shall be carried out on behalf of the client until an initial minimum fifty percent deposit payment has been received and cleared into Frish Media banking facilities.
- 1.2. Upon receipt of full deposit, basic design concepts will be issued for the client’s viewing and approval (in the case of web design, these will be published online via our private server).
- 1.3. Upon completion of this stage, Frish Media will request an acceptance confirmation for the basic design concept either via email or by signing off on a print-out of the design. The project completion work will commence upon receipt of this document.
- 1.4. Frish Media will not use the client design for any other client without the client’s previous knowledge or permission.
- 1.5. The client must notify Frish Media of any material supplied that is to be returned to the client.
- 1.6. Frish Media will provide a five working day period for testing between releases of draft versions. Where no comment or feedback is received from the client within this time, Frish Media will assume that the client has agreed to the design provided. No requests for change will be entertained after this time, until the next release.
- 1.7. Communication between Client and Company is crucial during this phase to ensure that the ultimate publication will match the Client’s needs.
- 1.8. Frish Media reserves the right to assign certain subcontractors to any project to ensure the right fit for the job as well as on-time completion.
- 1.9. Frish Media will assume a project to be completed after the initial project requirements have been technically and adequately met. Upon completion of the site (or design), an email or letter will be sent to the client, advising the client that work has been completed.
- 1.10. Final payment of the remaining balance will be due within 7 days of the operational website going live unless a pre arranged alternative is confirmed by email.
- 1.11. Payments from clients must be made via company or personal cheque, Standing Order, BACS or Direct Debit.
- 1.12. If a CMS has been implemented, Frish Media will provide full access once final payment has cleared, unless a pre arranged alternative has been confirmed by email.
- 1.13. Frish Media reserves the right to charge late payment fees and interest in the case of overdue client payments under the ‘Late Payment of Commercial Debts (interest) Act 1998.
- 1.14. In the cases of late or non payment, Frish Media reserves the right to suspend client account services supplied including, but not limited to website hosting and email facilities. A final reminder for payment due will be sent by email notifying the client this action will take place within 24 hours.
- 1.15. Overdue payments shall be automatically passed to a Frish Media appointed debt-collection agency, after thirty days of non-payment and service suspension. The client shall assume responsibility for any additional costs accrued to Frish Media by taking this action.
- 2.1. The client may request a cancellation of a project within 24 hours of deposit payment. All monies paid to that date would be refunded in full to the client. After this period, Frish Media will retain any payments made.
- 2.2. Frish Media reserves the right to terminate any design, and retain any payments made, in instances where the client fails to respond to a Frish Media enquiry within thirty days, without advance notice of absence.
- 3.1. Frish Media reserves the right to adjust any previously projected invoice amount in the event of the client or authorised body amending the project requirements throughout the design or development process. The client shall be notified where changes requested will affect the final projected invoice balance.
4. Web Hosting
- 4.1. In the case of the Client arranging website hosting, The client is fully responsible for ensuring that the hosting server is capable of receiving the files and that an adequate package has been provided.
5. Domain Names
- 5.1. In the case of the Client having already purchased or already owning their domain name, Frish Media shall be permitted to transfer it to EasySpace.co.uk and become the technical and admin contact, to allow full, fast and unhindered control over the domain in case of future technical problems. This may incur a renewal fee on the domain name.
6. Administration, Consultancy and Costs
- 6.1. Frish Media reserves the right to charge additional costs (based on £50.00 per hour) for liasing with external companies on the client’s behalf. (Example: Discussions with the client’s hosting company.)
- 6.2. The client shall be charged at £50.00 per hour for any on-site consultancy/meeting time that is requested by the client.
- 6.3. The client shall reimburse Frish Media fully for all costs incurred in the course of providing their services, including, but not limited to: office consumables, telephone calls, travel expenses, meals and accommodation.
7. Copyright and Ownership
- 7.1. Frish Media retains full ownership and copyright of the client web or graphical design until final payment(s) have been received from the client. Upon request, these files may be purchased by the client for a negotiated fee.
- 7.2. Frish Media reserves the right to include images of the client design in any Frish Media newspaper, magazine, television or website promotional campaign. Frish Media will seek written permission from the client, where any such promotion may have a negative impact upon the client name or brand.
- 7.3. Frish Media retains ownership and copyright of all working files produced during and after the design process. Upon request, these files may be purchased by the client for a negotiated fee.
- 8.1. For a fee of £25, Frish Media will provide the client with one backup copy, on compact disc or DVD, of all completed web files on website launch. While Frish Media retains backup copies for its own purposes, these files may be archived or deleted at any time by Frish Media.
- 8.2. Frish Media will retain a permanent backup copy of the client website at a cost of £25.00 per annum, payable in advance, at the client’s request. In this instance, two backup copies will be retained. One of which will be located in a secure off-site environment.
- 8.3. Additional copies of completed files may be provided at £25.00 per compact disc + postage where applicable.
- 8.4. In the event that your website has been attacked by malware or hackers, Frish Media cannot be held responsible for loss of data that hasn’t been backed up. Any work required to return your website back to its original state before any incident happened would be chargeable on our standard hourly and daily rates.
9. Website Credits
- 9.1. Unless otherwise explicitly specified in the project requirements, Frish Media reserves the right to place a small and unobtrusive “Credits” button or link on the client’s home page or within the main menu with a link to a special Credits page within the client’s website. In turn, this will feature a link to the Frish Media website, which will open in a new browser window. The client will in no way be charged for these additions. This should be considered in the same way as a book publisher’s logo and may not be removed or altered by the client.
- 9.2. The client may remove the “Web Design by Frish Media” logo or link by providing a one-off payment of £500.00 to Frish Media.
- 10.1. The client must provide contact details for at least one person within their company who is capable of dealing with any issues relating to the design project.
- 10.2. The client is responsible for providing any company logos, literature, images video or audio that are to be used within the design.
- 11.1. Frish Media will not disclose any information provided by a client to any external source, without notice to the client. Likewise, the Client will not disclose any information provided by Frish Media to any external source, without notice to Frish Media.
- 12.1. Frish Media will provide, free of charge, any fixes to problems experienced by the core design of the website, where the problem is reported within thirty days of completion and where no custom modifications have been made to the files originally provided to the client. If the error is caused by any client modifications, Frish Media’s relevant charges per hour will be levied to the client in respect of correcting the error(s).
- 12.2. Where the client provides any content to Frish Media to place upon the client website, the client is fully responsible for ensuring that the content is free from any copyright issues. Frish Media assumes no responsibility for content that is placed upon a website at the client’s request.
- 12.3. Frish Media will be under no liability if it should be unable to carry out its obligations under a contract for supply of services as a result of any cause beyond its control such as but not limited to: Act of God, War, Strikes, Lock-out, Flood, Supply of services from 3rd party, Theft of Computer systems.
- 12.4. Frish Media shall under no circumstances whatsoever be liable for any indirect or consequential loss by the Client howsoever caused.
- 12.5. Frish Media’s liability in respect of breach of non-performance shall be limited to the contractual value of the service to which the claim relates.
13. Laws affecting Electronic Commerce
- 13.1. The Client agrees that they are responsible for complying with such laws, taxes and tariffs and will hold harmless, protect and defend Frish Media and its sub-contractors from any claim, suit, penalty, tax or tariff arising from the client’s use of Internet Electronic Commerce. Client also understands that Frish Media cannot provide any legal advice.
14. Maintenance Agreements
- 14.1. Maintenance agreements are negotiated on a client-by-client basis and each client will have differing needs. If you have chosen a maintenance agreement, the terms of which will be listed in our agreement.
- 14.2. Frish Media offers two kinds of maintenance agreements. In one, the Client pays a one-off, fixed, pre-paid annual amount (Retainer) for changes such as changing prices to an item, adding additional inventory or making moderate graphic changes. In the other agreement, the Client pays on an ‘as needed’ hourly basis, in hour increments with a smaller, fixed, pre-paid ‘Retainer’ fee.
- 14.3. If a maintenance agreement has been selected with Frish Media and the Client or an agent of the client other than Frish Media attempts to update the site on their own and damages the design or impairs the ability for the WebPages to display or function properly, time to repair web pages will be assessed at the appropriate hourly rate. There is a 1-hour minimum. In this regard, Clients are encouraged to obtain a maintenance agreement with Frish Media
Terms and Conditions are subject to change without prior notice.