Terms & Conditions

General
 
By placing an order with upshot media Ltd, you confirm that you are in agreement with and are bound by the Terms and Conditions detailed below.
 
Upshot Media Ltd will only commence work on a project after receipt of a 30% deposit of the full project price unless stated otherwise. The second and final payment (remaining 70%) will be due on completion of the website (i.e. when the website is Live on the Internet). An order is deemed to be a written or verbal contract (including telephone and e-mail agreements) between Upshot Media Ltd and the Client.
 
Upshot Media Ltd will not be liable for any costs incurred, loss of earnings or compensation due to failure to meet deadlines.

Website Content

Upshot Media Ltd expects the client to have carried out sufficient research into the nature/idea for their website. This includes checking that the website will operate legally within UK law and that the website is not in anyway illegal.
 
Upshot Media Ltd is in no way responsible for the content of its client’s websites. This includes any copyright infringements caused by content or materials submitted by its client’s.
 
Upshot Media Ltd is not liable for loss, damage or corruption to any files and/or information stored on our servers relating to a clients website.
 
Images that have been purchased by Upshot Media Ltd for use on a clients website are strictly for the use on the website only. Upshot Media Ltd cannot be held responsible for the misuse of the images by the client or any other person(s) altering, copying or distributing the images.
 
Upshot Media Ltd may undertake work for clients that are in the same business sector as other clients that have previously had websites designed and developed by us.

Website Hosting

Upshot Media Ltd provides website hosting via a third party. Whilst we will endeavour to provide a professional and reliable service to the Client at all times we do not guarantee that the website will be available at all times and will not be liable for any losses incurred, costs, compensation or loss of earnings due to the website being unavailable. This may include such things as a technical failure, which is beyond our control.
 
Website hosting renewal and payments are due annually and paid in advance. The renewal date is one year from the date the website went Live. Upshot Media Ltd reserves the right to deactivate any website where the client has not paid for the renewal of website hosting.

Search Engine Optimisation

Upshot Media Ltd will use best practise methods for Search Engine Optimisation (SEO) but due to not being able to control what changes search engines make to their algorithms, we do  not guarantee any specific placement or rankings on Search Engines.

Applications / E-commerce and Database Driven Websites

Whilst every effort will be made to ensure that websites, scripts and programs are error free and accurate, Upshot Media Ltd cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it and the ultimate responsibility lies with the client to ensure that the software is functioning correctly before use.

Content management System (CMS)

Upshot media Ltd provide a free Content Management System (CMS) to all our website customers, the CMS is free to use as part of your website, whilst you remain a client of Upshot Media Ltd, should you choose to use another developer and leave Upshot Media Ltd, we will send you all your website content, images and the design files, the CMS is owned by upshot media Ltd and cannot be passed onto you or other design and development companies, this is to protect the rights to our CMS and any associated Intellectual property (IP) we have developed.  In order to receive the free CMS your website must be hosted by Upshot Media Ltd, unfortunately anyone using their own website hosting will not receive a free CMS.
 
Bespoke development
 
Should a customer commission Upshot media Ltd to build a bespoke website, that includes a CMS or modifications to a CMS, ownership of the CMS and associated IP would be discussed at the time of any quotations or proposals, in most cases (but not all) where websites are build bespoke for our customers, to their own spec, the customer owns teh CMS and IP.
 
This agreement shall be governed by the laws of England and Wales.