Definitions of terminology used within this document
- ‘You’ or ‘Client’ is a person, persons, business or organisation using any of the services provided by Flick Media.
- The term ‘we’ or ‘us’ refers to Flick Media.
- The term ‘project’ refers to any work conducted or service provided by Flick Media for the client on their request and as described in our confirmation order email to the client.
- ‘Domain’ is the website address as specified by the client.
- ‘Hosting’ is a yearly cost to keep a client’s website active online.
- ‘Content’ or ‘material’ refers to both text and images that the client requires.
- The contract between Flick Media and the client will be on these conditions.
- Any amendments to the terms and conditions of the company shall have no effect unless reported by Flick Media through written confirmation either by email or post to the client.
- The details of the work to be carried out can be found in Flick Media’s order confirmation email.
Development Stages and Delivery
- The commencement of the work by Flick Media is contingent to receiving the agreed deposit along with the contract or an emailed order confirmation.
- Unlimited design revisions will be provided by Flick Media until you are satisfied with the work done by us at no extra cost.
- The client is required to send an email confirming approval of the design to Flick Media. Any changes made to the design after the email of approval has been sent will incur additional costs.
- Once the client confirms satisfaction, the approved design will be converted into web functional format by us, upon which the second payment from client will be required.
- We will request the client’s feedback on the completion of all inner pages. The test for each and every module may be requested by Flick Media. Changes will then be made according to the feedback from the client.
- Final delivery of the site will be produced and achieved once all requirements have been met.
We offer a 30 day warranty from the date of final delivery for any work done by Flick Media. The “warranty” consists of minor adjustments, functional problems & repair, minor changes in the content, error reporting, along with training and support in specific cases. If there are any malfunctioning areas that may need attention, within the warranty period, we will correct the issue free of charge. Once the 30 day warranty expires all changes will be subject to an hourly rate of £20.00/hour.
Timeline of the Development and Payment schedule
- A development schedule will be created after the receipt of the first deposit.
- Flick Media will present the first design within 7 working days.
- At every stage of development, we will request feedback from the client. If there happens to be any delay in receiving feedback from the client, it may lead to a delay in completion of the project.
- The expected completion date provided by Flick Media is an estimate. Flick media will try to make sure all projects are delivered on time. However, we cannot always guarantee the project to be concluded by the estimated completion date.
- Flick Media is compelled to notify the client, in advance, if there is any delay in the delivery of the agreed work and is required to disclose a valid reason for the delay.
Content & Graphics Materials
- Clients must make sure that all contextual and graphical materials provided for the website meet copyright law. If in any circumstance the materials provided by the client are found to have not abided by the copyright law, Flick Media will not be held liable for any enforcement by any party.
- The data provided by you may be subject to web functioning tests conducted by Flick Media. However, the obligation is upon the client themselves to be fully aware of the copyright laws and ensure that each material complies with such law.
- Flick Media may provide content or material during the design. These will be royalty free.
Termination of Agreement & Refund Policy
- Under any circumstance, the customer has the right to terminate the agreement with Flick Media, the development will be stopped immediately and;
- If the termination notice is received in writing within 7 days from the date of the deposit being received or contract being signed Flick Media will retain 50% of the deposit as a cost of service.
- If the termination notice is received later than the 7 days and between the design demonstrations, Flick Media will keep 100% of the deposit received.
- The client has the right to demand any unfinished work to be provided to the client. Any notice of termination received after the design demonstration will stop further development and the full payment for the project will become due to Flick Media.
- Flick Media has the right to terminate the contract and invoice for full payment if;
- the client makes any unlawful demands.
- or if the client makes any demands beyond the agreed terms both financially and technically.
- or if no response communication is received for more then 28 days
- or payment is not received for more than 14 days past due date.
- All requirements and instructions from the client must be published in electronic format (email or word document). Flick Media will not accept any verbal instruction given.
- If the client wishes to restart the project after termination an additional fee will be charged and full contract value will need to be paid.
- All properties of the website belong to Flick Media, except materials provided by the client, until the final payment is cleared for the contracted services. Once the payment is cleared, the website and the right of ownership are transferred to the client.
- Once the warranty has expired it is the clients responsibility to keep a back up of the website, Flick Media will not, under any circumstances, retain this information unless a maintenance package is in place.
- Flick Media uses branding in all developments and publishes all developments in Flick Medias portfolio;
- If the client does not wish to display Flick Media branding, a fee is applicable to remove the branding.
- If the client does not wish to be included in Flick Medias portfolio a request must be sent in writing either by post or email.
Service & Maintenance
- Flick Media will not provide any support beyond the period of warranty. The service and maintenance are subject to a service plan chosen by the client.
- If the client does not purchase any service plan from Flick Media, any security or data losses via the website is the client’s responsibility.
- Flick Media will not be responsible for any malicious or virus attacks on the website.
- Flick Media will still support the client beyond the service period at additional costs.
Domain and Hosting Renewal
- Renewal of the domain and hosting is the client’s responsibility; Flick Media will not be responsible for any loss of data in the case of service not being renewed by the client.
- The hosting service will keep clients data for 14 days after the expiration of hosting service.
- If the renewal fees are not paid within the 14 days, the data will no longer be accessible.
- We cannot guarantee the domain name can be renewed after expiration.
- You will be notified of renewal dates 7 days before expiration.
- Recurring payments are collected on a Monthly or Yearly basis at the amount determined by service selection.
- Recurring payments may be cancelled with a minimum of one months notice.
- To cancel a recurring payment, please email email@example.com with your customer details and cancellation instruction.
- We will confirm cancellation within 24/48hrs of notice received.
Control Panel & FTP
Flick Media will provide all Control Panel, FTP access details and website back-up instructions to the client once the final payment is cleared.
Third Party Expenses
Flick Media will not be liable for any third party expenses incurred by the client.
Missing Payments & Delaying Project
- Flick Media will notify the client of any outstanding payment(s) or required content.
- The Client is required to email Flick Media a time frame for the payment. If the client is unable to make payment, Flick Media will cease development activities until payment is received or will cancel the contract as per term 20.iv.
- If the client changes their email address, Flick Media should be notified immediately, preferably via an email from the previous account.
- Upon receiving any email correspondence from Flick Media the client must respond within 28 days. If correspondence has still not been received from the client in this period the contract will end as per term 20.iii.
Terms and conditions for Hosting packages
All packages include professional consultation to help you determine the best web hosting solution for your web site. All hosting programs include 99% Uptime Guarantee, Web storage space, Multiple POP3 Business E-mail account setup Spark.frs-bd.com, Monthly site analysis and traffic reports, Web based e-mail, forwarding and auto responders, Daily site backup for disaster recovery, FREE Domain transfer, 24/7 tech Support via e-mail.
Unlimited Traffic/Hits & Web Space
Flick Media is pleased to offer our clients unlimited traffic, hits and web space. To maintain the integrity of our service the usage of account for backup or file storage is not allowed as well as the following kind of activities, traffic and usage:
Account usage for backup purposes
- Sites with banners, graphics or cgi’s running from their domain being used on other domains.
- Sites with immense graphic archives or galleries.
- Sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
- Sites running large chat room gatherings.
- IRC Scripts and Bots of any kind unless it was explicitly permitted by Flick Media management
- Proxy scripts/anonymizers
- Image hosting similar to Photobucket, Twitpic, Imageshack and others
- AutoSurf/PTC/PTS/PPC sites
- IP scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror similar to Rapidshare and others
- Audio Streaming with more than one or two streams
- Escrow, Bank Debentures, Bank Debenture Trading programs and sites
- High-Yield Interest Programs (HYIP) or related sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme and such)
- Prime Banks Programs
- Lottery sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Fraudulent Sites of any kind
- Mailer Pro hosting sites
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Sites using more than 20% of any system resource including but not limited to CPU, RAM or Disk
If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or Flick Media may move your site to a different server, to reduce the load on the server you are currently residing. Flick Media will be the sole arbiter as to what constitutes a violation of usage limitations. At any time Flick Media may move your site to a different server, to reduce the load on the server you are currently residing.
Flick Media does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.
Flick Media may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incured based on system resources used and operational maintenance needed.
Flick Media does allow Cron Jobs to be conducted on our servers.
Flick Media currently does not allow IRC or IRC bots to be operated on our servers.
Multiple telnet and ftp sessions are allowed, on a single hosting account.
Flick Media may disconnect any idle connection to the network.
Average timeouts are
- FTP – 300 seconds
- Telnet – 2 hours
Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from a Flick Media. server or using an email address that is maintained on a Flick Media. machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.
Flick Media. will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 5000 pieces per DAY and no more than 20 pieces per minute. Many times we have seen sites push over 1000 emails in one hit, this causes extreme server loads and prevents other people from accessing server services. Large mailings are preferred to be sent from the hours of 12AM – 8AM EST. Sites with large mailing databases, need to be placed on dedicated server or VPS platform.
Any attempts to undermine or cause harm to a Flick Media Inc. server or customer of Flick Media. is strictly prohibited. Flick Media. will pursue legal action to the fullest extent for all abuse of the Flick Media Inc.™ Network.
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. Flick Media reserves the right to remove any account without prior notice. If Flick Media deactivates your account(s) for violating policy, your will forfeit your rights to a refund…and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.
- Flick Media Ltd. respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail. This Privacy Statement outlines the information Flick Media will collect and how we will use that information. All order forms on Flick Media utilize a Secure Socket Layer (SSL) or Secure Electronic Transaction (SET) protocol to provide “secure sessions” for our visitors. Through the “secure session,” information that you input into a Flick Media Ltd order form will be sent and will arrive privately and unaltered at a Flick Media server. This security prohibits other companies and Web users from being able to access your information.
- Flick Media Ltd will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.
- The following are some examples of when Flick Media may require that you provide personally-identifiable information:
- to complete an online order for a product or service (if you do not wish to complete an online order form, we will always provide an option for you to complete an order by calling a toll free phone number)
- to enter an online contest or sweepstakes (if you do not wish to complete an online contest or sweepstakes form, we will always provide an option for you to enter by mailing a 3 x 5 card to a specific address)
- to request more information about new or current Flick Media products or servicesIf you do not want your personally-identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the email address listed at the bottom of this Statement. We will use reasonable efforts to delete your information from our existing files.When you do provide us with personally-identifiable information, we may use that information in the following ways, unless stated otherwise:
- We may store and process that information to better understand all customer needs and how we can improve our products and services for all customers
- we may use that information to contact you with new promotions and announcements if you have previously provided your permission and if the promotions and announcements are in your interest
- we may contact you if we have questions about your account
Flick Media will not sell personally-identifiable information to third parties, unless stated at the time of collection. We may share information with business partners. We are committed to giving you the choice whether or not we use your information for marketing purposes or share information with business partners.
Control Panel Hosting Agreement
HOSTING AGREEMENT © 2011 – FLICK MEDIA – PROPRIETARY & CONFIDENTIAL
Terms & Conditions
As a Web Hosting Provider (“WHP”), we offer our customers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We also want our customers to be fully informed of their rights and obligations and ours-in connection with their use of the Internet.
When customers disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our customers may create. This places on customers what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of peopleLtdluding both customers and non-customers of ours, customers’ postings to the Internet may affect other customers and may harm our goodwill business reputation and operations. For these reasons, customers violate our Terms of Service when they, their affiliates or subsidiaries engage in the following activities:
Copyright Violation - Engaging in activity that infringes or misappropriate the Intellectual Property rights of third partiesLtdluding copyrights, trademarks, service marks, trade secrets, software piracy and patents and other similar rights held by third parties shall result in termination of all “subscribers” privileges on the “flickmedialtd.com” system.
flickmedialtd.com reserves the right to change the Service (including features) and will provide the client with 60 days written notice of such changes. In addition, flickmedialtd.com reserves the right to change any and all Hosting Package rates and other prices or other terms and conditions of this Agreement with respect to the Service at any time and all such changes shall be effective immediately when published by flickmedialtd.com; however, flickmedialtd.com will use its best efforts to provide notice to Client in advance or, concurrent with the effective date of such changes. Notice may be given in writing or by publication on the flickmedialtd.com portal on the Internet.
flickmedialtd.com shall endeavor to ensure the availability of the website, within the constraints of the network provider USA, who has undertaken to provide flickmedialtd.com with 98% network availability. flickmedialtd.com shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the Service resulting directly or indirectly from any cause or circumstance beyond their reasonable control. The Client indemnifies and holds Flickmedialtd.com, its officers, employees and its suppliers harmless from and against any loss, claims, demands, expenses (including attorney’s fees), or liability of whatever nature or kind (including without limitation, negligence), of the Client or of third parties arising out of the use of the Service provided hereunder. For purposes of this provision, flickmedialtd.com shall include parent, subsidiary and affiliate companies.
The client has full DNS control via the control panel.
As such, any changes done by client on the DNS part that renders the website unreachable or renders the emails unusable in terms of sending and receiving is the sole responsibility of the client.
flickmedialtd.com holds no responsibility for any errors resulting from changes done by client part in his DNS section of the control panel.
Software/Script Support - Customer acknowledges that flickmedialtd.com cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that flickmedialtd.com does not supply technical support for Microsoft FrontPage, other than initial configuration. flickmedialtd.com supplies technical support for web hosting issues only. flickmedialtd.com shall be the sole arbiter as to what constitutes a “web hosting” issue.
Spamming - Unsolicited, commercial mass e-mails (known as “spamming”) is a strongly disfavored practice among Internet uses and web hosting providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our customers. This includes listing a hosted domain in any unsolicited e-mail.
Adult Sites/Unacceptable Content - Pornography and pornographic related merchandising are prohibited under all flickmedialtd.com services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, “hacker” programs, and archives of “Warez Sites”, game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sports book betting (including offshore), and Internet lotteries are prohibited.
Responsibility for avoiding the harmful activities just described rests with our customers. We will not, as an ordinary practice, monitor the communications of our customers to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate Ltd lauding termination of a customer’s account with us.
If you do not renew your domain and or hosting services on time then FM will not be liable for any service and or loss of your website data. Unless you have any prior maintenance agreement with FM, we will not keep any back up copy of your website after the handover period. Up to 30 days, the hosting services provider may keep a backup of your website and will release them once the due amount and any penalty fees are paid for. After 30 days all data will be terminated and lost and cannot be recovered.
The Customer is responsible for abiding by the rules set forth in the paragraphs above. Any violation of the terms set may, at flickmedialtd.com sole option, result in immediate suspension and/or termination of all services currently being provided.
Email support is provided by flickmedialtd.com (firstname.lastname@example.org).
Any set up changes done by the customer where it causes the account (email, website, DNS, ftp, etc…) not to function properly will be billed case per case.
PLEASE NOTE: Traffic usage in excess of the allowance included in the selected package is billable monthly in arrears, and will be deducted from your account.
Major Terms & Conditions: Prior Agreement
Before we undertake the responsibility of your project at Flick Media., there are certain (following) terms and conditions that we’ve set for the customers:-
- The clients must not avail the services of any other company, when Flick Media. professionals are working on their website’s online marketing.
- The clients must not avail any sort of online promotion service from any other company during the time when Flick Media experts are doing search engine optimisation for their website.
- The clients must not create any micro or duplicate sites, duplicate content or pages, redirects or doorway pages or any other platform to bring traffic to the site when online advertising professionals at Flick Media are working on their site.
- The clients must not do any link exchange or site promotion activities that may lead to spamming, especially when Flick Media experts are implementing their fruitful site promotion activities.
- Flick Media. is a professional and a reputed company and promises not to divulge your information with any other client, existing or potential.
What we mean by "Results?"
SEO professionals at Flick Media will promote client’s website with their expertise, which will allow your site to appear in the first 10 results of Google, when typed the targeted keyword in the Google.co.uk search bar. And this result will appear within 15 -25 weeks of the optimisation process being implemented by our experts for the client’s website promotion. Apart from Google, there are other foremost search engines as well like Yahoo, AOL, Bing etc, where also the results will appear, however, the predominant focus of our team will remain over increasing the rankings on Google. At Flick Media., we aren’t assuring and specifying a particular number of traffic coming to your site or sales happening in your business weekly, bi-weekly, monthly or annually as our online optimisation services are all based on improving your rankings on the Google via executing legal optimisation strategies. The entire industry knows that online is an unpredictable market place and Flick Media professional can offer you no guaranteed positioning.
Flick Media Hosting
After availing Flick Media. hosting services, the clients automatically agrees that their website is hosted on paid server space and no illegal measures have been taken to host a site for free.
During the time when Flick Media professionals will advertise your site online, in case our experts encounter any issues related to the current hosting IP address, then client have to take the requisite steps ASAP in that regard. And if not done as per requirement, the desired SEO results may not appear on Google.
Responsibility of the 3rd Party Fees
Until and unless anything is not specified regarding this in the agreement signed between Flick Media and the client, the clients have to take the responsibility of subscription costs, which is supposed to be paid in order to subscribe with the search engines.
If a registration fee is also necessitated during online advertising, then our experts will provide client’s URL to the search engine directories.
Unless a proper condition is not specified in this regard in the agreement, the client will have to bear these costs and these will not be a part of the Flick Media Search engine promotion package procured by the client.
Website Accessibility Authority
The clients are supposed to give the website accessibility authority to Flick Media webmasters who’ll be handling the tasks of search engine optimisation on website owner’s behalf. Also, our SEO experts will be free to make all the changes in the website that are vital from optimisation’s perspective and intended to be done just to extract the desired results for the site over Google.
Specific information, such as log-in information (FTP username and password) must be given to our SEO experts from client’s end. And we assure that the provided information will be kept confidential as our experts will be only using the same, whenever required. In case, if Flick Media experts find the website content irrelevant or not-keyword-rich, then clients have an option to get the site’s content revamped with assistance of Flick Media content creators. All the changes done in the site’s content will be solely from the SEO perspective. If we are not able to configure your website in that case we will notify the client and the original developer of the site has to fulfill the criteria of the on page optimisation directed by our expertise.
Also, the client must give full authority to Flick Media professionals to implementing all the fruitful strategies that are vital to do optimisation the best way possible.
All the rights are reserved by Flick Media to cancel the contract agreement with the client with immediate effect if it believes the material or the Web Site to be obscene, unfair, untrue or otherwise unworthy of inclusion on the internet. In this respect, the discretion of Flick Media. will be absolute. Also Flick Media. Reserves all right to terminate the contract at any time without prior notice.
Indemnity and Warranties
Flick Media must get a guarantee from the client that the website:-
- Isn’t breaking the Intellectual Property rights of any third party.
- Is not obscene as per the guidelines of the Obscene Publications Act 1959 or any other related relevant provision.
- Is not containing any form of corporative advertising that might in breach of the Control of Misleading Advertisements (Amendment) Regulations 2000.
- Is not in breach of the Defamation Act 1996 or any other relevant provision or statute.
- Isn’t misguiding the clients with any misleading price comparison otherwise it might be taken against the Consumer Protection Act.
Payment Related Conditions
At Flick Media. we don’t initiate credit terms. All the pending payments are said to be paid within 5 days of the invoice date. In case, if any client has taken a monthly package, then the payment is expected to be done on the 1st of every month. During delays, a 3% interest will be charged on the outstanding amount for every 7 days that payment is delayed.
If we won’t receive any payment for SEO campaigns from a client for a month, Flick Media Ltd reserves the rights to retract the work which has already been done, without even notifying the respective client. On contract cancellation, the clients are bound to give a minimum of 1 calendar month’s written notice to Flick Media Ltd. and must do full and final payment, whatever is pending.
In any situation, we don’t initiate refunds at Flick Media.
At Flick Media., we accept no liability for the service loss, unavailability of the files, data damage, equipment misusage, externally managed equipment or communication device failure. These are all not in control of Flick Media.
Scope Of Updates: The Service And Maintenance Is Limited To The Following:
Content must be provided by the client in electronic format (email, cd or dvd) and must comply with the law. FM will not be held responsible for any unlawful elements provided by the client. Any content which the client cannot provide (such as stock images, videos, animation, sound clips or illustration and copyrighted content) FM may provide the content up on written request of the relevancy of the content and the financial obligation is negotiated with the client and FM.
Hours of work
FM will provide the designated number of hours specified in the chosen service and maintenance package. Whether or not the updates for a specific month does not full fill the hours specified will not be added on to the next month. However, if the volume of work needed to be done in a single month exceed the designated hour of work specified for that month will be charged at an hourly basis.
FM will not be responsible for any unlawful activities promoted by the clients company. All the updates made by FM will be checked to the perfection; however, this is client’s responsibility to make sure the changes are duly made. FM will only accept any obligation within 5 days from the updates is made.
FM will not be held responsible for any data lose malware attack, hacking and virus infection in to the server. However such an event occur FM will act immediately to resolve the issue. Client must allow designated time to resolve such issue accordingly mentioned in our website. In an even of website disappearance due to hacking or virus attack, FM will only provide the immediate restore point created automatically for the past 7 days from the time of site disappearance (Subject to flick host, other hosting provider’s restore point may vary according to their terms and condition)
FM’s service is limited to the update of the website and its components. FM is not responsible for anything affecting the business of the client including drop of sales or profitability that might be claimed is a result of a service offered by FM.
Domain and hosting renewal
FM will not be responsible for the renewal of domain and hosting on behalf of the client.
FM would only comments the update requested once the payment is received for the first month in advance. Thereafter, the payment needs to be made within the first week of every month payable by standing order. Any additional charges (if incur) need to be paid by check, online or over phone immediately. Any overdue payment would stop the service immediately and may incur additional charges.
The client may cancel the service within first 28 days of the contract agreement by providing valid reason of cancelation in writing to us. If not cancelled within 28 days. client must agree to engage FM to provide maintenance service for at least 3 months. Therefore, the first three months payment must be made on due course. From the 4th month both parties may terminate the contract by providing 15 days written notice in advance.
FM will not provide any template design and modification. If client wants FM to alter the appearance of the web template or the application preference and functionality, both parties need to negotiate the financial issues prior to the commencement.