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.
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.
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.
Multiple telnet and ftp sessions are allowed, on a single hosting account.
Average timeouts are
FTP – 300 seconds
Telnet – 2 hours
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.
Control Panel Hosting Agreement
Hosting Agreement © 2011 – Flick Media – Proprietary & Confidential
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 optimizationprocess 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 optimization services are all based on improving your rankings on the Google via executing legal optimization strategies. The entire industry knows that online is an unpredictable market place and Flick Media professional can offer you no guaranteed positioning.
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 optimization on website owner’s behalf. Also, our SEO experts will be free to make all the changes in the website that are vital from optimization’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 optimization 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 optimization the best way possible.
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.
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.
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.