2.0 Hosting and Email Service
3.0 website Development Services
4.0 Invoicing Policy
5.0 Domain Name Registration
6.0 Search Engine Registration
7.0 Distance Selling Regulations
9.0 Third Party Software
Universal MediaLink provides website design, development and management, multimedia presentations, domain name registration, email management and World Wide Web page hosting. Universal MediaLink reserves the right to suspend or cancel a customer’s access to any or all services provided by Universal MediaLink or their partners when Universal MediaLink decides that the account has been inappropriately used or that these Terms and Conditions have been broken in whole or part.
2.0 HOSTING AND EMAIL SERVICE
For the client’s convenience, Universal MediaLink will offer the use of it’s third party hosting service provided in partnership with its associates to host the client’s website and provide email and other services. Although Universal MediaLink are happy to recommend this service, no guarantee is offered in respect of reliability or suitability.
Where Universal MediaLink consider that the services offered by our hosting service do not meet the requirements of the client or that an increased level of technical support is necessary, Universal MediaLink will endeavour to find a suitable service to host the client’s website and provide email services. In this case, the client will deal directly with the hosting service in respect of service, technical support and hosting costs.
2.1 SERVER USE
Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away the web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner’s website. Exceptions to this include ad banners, classified ads, personal ads and links. Universal MediaLink reserves the right to refuse service and /or access to its servers to anyone.
UNIVERSAL MEDIALINK DOES NOT ALLOW ANY OF THE FOLLOWING CONTENT TO BE STORED ON ITS SERVERS:
2.2 ILLEGAL MATERIAL
This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any United Kingdom or International law or Federal, State or local regulation.
2.3 ADULT MATERIAL
Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Universal Medialink. Wares – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
2.4 UNLIMITED USE POLICY
In rare cases, Universal Medialink may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers by having high bandwidth usage. In such instances, Universal Medialink reserves the right to impose the High Resource User Policy (see 2.5 below) for the consideration of all customers.
2.5 HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilisation. Universal Medialink may implement the following policy at its sole discretion: When a website is found to be monopolising the resources available Universal Medialink reserves the right to suspend that site immediately in order to communicate with the client. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of servers.
2.6 TECHNICAL SUPPORT
Unless otherwise arranged, the email services are provided by a third party in partnership with Universal Medialink. Universal Medialink has no influence in relation to the hardware, software and technical support offered by the third party and is not responsible for technical deficiencies or breaks in service when they occur. Should technical support be required by a client, an email should be sent to Universal Medialink and the matter will be dealt with via the third party.
3.0 website DEVELOPMENT SERVICES
During website development, progress can be tracked by the client using a specific domain name provided by Universal Medialink. Key milestones are based upon Universal Medialink and the client both completing their agreed obligations within the agreed timescales.
3.1 website DEVELOPMENT PROPOSAL AGREEMENT
The website Development Proposal Agreement is issued in either long or short form depending on the size of the proposed website. It forms the agreement between Universal Medialink and the client to adhere to their mutual responsibilities and timescales in respect of the proposed website development.
3.2 website HOSTING AGREEMENT
The website Hosting Agreement is issued in order to confirm that the client wishes Universal Medialink to commence instructions to provide hosting and email services. In order for this to be commenced, the client must take all reasonable steps possible to ensure that existing Domain Names are transferred to our hosting service.
3.3 once acceptance of a quotation has been received by Universal Medialink by way of signed hard copy or by way of email from a person accepting responsibility for the project then an agreement has been reached between the two parties to carry out the work stipulated in the quotation. In the event of a client cancelling the project after this stage then fees will be due for any work carried out to that stage. This will be priced at our current hourly rate. If the grey site stage has been reached prior to cancellation of the project then at least 60% of the project costs will be due.
4.0 INVOICING POLICY
(website development and website updates) Payments for website development services must be paid within agreed criteria. When the design stage has been completed, then not less than 50% of the agreed cost amount will be invoiced. When the grey site has been completed and is available for view on the Internet, Universal Medialink will issue an invoice for not less than 50% of the agreed cost amount. In the event that invoices issued at any stage are not settled promptly, the continued development of the website will, at the discretion of Universal Medialink, be suspended until cleared payment has been received.
Where the provision of site content is the responsibility of the client and a delay in excess of three weeks is experienced, Universal Medialink reserve the right to charge the full invoice amount prior to the development work continuing. Once the development has been fully completed, a further invoice for completion and hosting will be issued and must be settled with cleared funds before a completed site will be uploaded to and therefore available on the Internet. Website updates should be paid for on receipt of an invoice. If a client does not settle an invoice or invoices promptly, Universal Medialink reserves the right to withdraw the website from the Internet and place any holding page in its place containing any information it deems suitable and reserves the right to maintain this situation until the full monies have been received. In addition any domains held on the UKREG account of Universal Medialink will not be transferred from that account unless all invoices have been settled.
4.1 PAYMENT POLICIES (Hosting)
All accounts are set up on a prepay basis, either annually by cheque or bank transfer, or by monthly standing order. Although Universal Medialink reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. In respect of clients paying monthly by standing order, the payment is required on the agreed payment date and will continue until Universal Medialink are informed that the service is no longer required, giving 30 days notice. Payment is due each anniversary year or month following the date the account was established (i.e. the website was released for full World Wide Web exposure).
Customers will automatically be invoiced 30 days prior to the end of their annual prepay period unless closure notification has already been received. In situations where a payment due is not received prior to the start of a pay period, Universal Medialink reserve the right to immediately suspend all on-line services, including email until the outstanding charge is processed successfully. In addition, Universal Medialink reserves the right to suspend other services including email until any outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. All payment is in UK sterling.
4.2 PAYMENT OPTIONS
In order to streamline our accounting procedures and keep costs down Universal Medialink runs a limited number of payment options as follows: –
4.3 CHEQUE PAYMENT (Hosting/Email) – This option is only available to customers who pay annually for their Universal Medialink account. Universal Medialink cannot guarantee that a service will be provided until after any received cheques have been cleared.
4.4 PAYMENT FOR website DEVELOPMENT SERVICES – Payment by cheque is welcomed.
4.5 STANDING ORDER
This is the preferred option for those persons paying monthly. A Standing Order Mandate will be supplied upon request. Clients paying by Standing Order will be charged at full price.
4.6 CANCELLATION AND REFUNDS
Universal Medialink reserves the right to cancel the service at any time when Universal Medialink decides that the account has been inappropriately used or that these Terms and Conditions have been broken in whole or part. If a customer contravenes Universal Medialink’s terms and conditions a refund will not be issued in the event of a cancellation. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services, which were offered as start-up incentives in the result of a cancellation.
Customers may cancel their account at any time giving 30 days notice and in this event customers will be entitled to a pro rata refund based upon the remaining period of their account.
4.7 SITE OWNERSHIP
Universal Medialink retain ownership of all provided services including website development, programming and website design until all outstanding invoices have been settled with cleared funds. After this the rights of ownership pass entirely to the client.
5.0 DOMAIN NAME REGISTRATION
We will register World Wide Web Domain names with the appropriate authorities at the request of the client or on completion of an on-line booking form available on our website. Unless instructed, we will commence hosting procedures using our own hosting service. Once cleared payment has been received, the Domain name becomes the property of the client for the published registration period. Renewal of the domain name Registration is the responsibility of the client. Domain name certificates where applicable, will be forwarded to the client upon receipt. Please see the section relating to the Distance Selling Regulations at 7.0 below.
Should the client not require web design or hosting services, Universal Medialink will agree to park the domain name free of charge for a period not exceeding 6 months after which normal hosting charges will come into effect in line with published prices. No bills or invoices for domain name purchased via our website at www.websuperfactory.com will be sent by regular mail unless payment has not been received following the issue of an invoice by email. All invoices will be sent directly to customers via email shortly after the online purchase has been made.
In the event that the client requests that the domain name(s) be transferred to another service, our refund and cancellation policy will become effective. We will not agree to any transfer if there are any unpaid invoices outstanding.
6.0 SEARCH ENGINE REGISTRATION
Universal Medialink undertake to submit the website to the free search engines on one occasion without charge so long as a description and keywords have been provided by the client. Further submissions may be carried out in accordance with our Search Engine Submission service upon payment by the client at our published prices. Universal Medialink do not have any influence over placings within search engines nor is any implied. Universal Medialink take no responsibility for the failure of any search made via an Internet search engine to display the client’s website. Search engine submissions over and above our free and paid services will be carried out at the client’s request charged at the normal published hourly rate.
7.0 DISTANCE SELLING REGULATIONS
If you have instructed us to carry out sales by telephone or email we will not be able to commence work until you have signed and returned a form that you will be sent and agreed to us commencing work immediately. In doing so, you will be forfeiting your rights to cancel any agreement and to any cooling off period otherwise allowed (normally 7 days). If you do not wish to waive these rights, then we will not be able to commence any work whatsoever until the expiry of the relevant cooling off period even if this means delaying the transaction.
These regulations also provide for the contract to be completed within 30 days. By instructing us to carry out any transaction you are agreeing that this time limit is excluded from our agreement and you are acknowledging that our services may take longer to complete.
Universal Medialink do not pass details of clients or their email addresses to 3rd parties without their express permission. Universal Medialink reserve the right to use clients email for updating them in relation to new and existing services by way of email or email newsletters, announcements and bulletins unless the client declines to receive them.
Universal Medialink also reserve the right to place a hyperlink to http://www.websuperfactory.com at the foot of any website page designed by or on behalf of Universal Medialink at their discretion and to place details including a link to a client’s website on the Universal Medialink website gallery.
9.0 THIRD PARTY SOFTWARE
Universal Medialink may, from time to time recommend the use of third party software to enhance a client’s website. This may for example include software for e-commerce or to allow clients to update their own website with text and graphics.
Universal Medialink offer no warranty in respect of third party software and are not responsible for its operation, maintenance or updating after installation. Universal Medialink cannot be held responsible for any problems where clients carry out their own in-house site updating. Rectifying any problems caused by clients updating their own website will be charged at our published prices + VAT.
The customer agrees that they shall defend, indemnify, save and hold Universal Medialink harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor’s fees asserted against Universal Medialink, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Universal Medialink against liabilities arising out of;
(a) any injury to person or property caused by any products sold or otherwise distributed in connection with servers;
(b) any material supplied by a customer infringing or allegedly infringing on the proprietary rights of a third party;
(c) copyright infringement and
(d) any defective products sold to a customer from Universal Medialink.
Universal Medialink will not be responsible for any damages your business may suffer. Universal Medialink makes no warranties of any kind, expressed or implied for services we provide, or the services of our third part hosts. Universal Medialink disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Universal Medialink and its employees.
Universal Medialink reserves the right to revise its policies at any time without notice.