T & C

GENERAL

GENERAL WORKING AGREEMENT – This agreement defines the terms and conditions of our working relationship. All projects or services that Magic Tree Media may be contracted to produce or provide for CLIENT will be subject to the following:

Magic Tree Media will carry out work only where an agreement is provided either by email, telephone, mail or fax. Magic Tree Media will carry out work only for clients who are over the age of 18 years or above. Consent will be required if the client is below this required age.

All quotes are valid for a period of 30 days from the date of the quote.

All work carried out for any client is under the understanding that the client has read, understood and agreed to the Terms & Conditions. It is the clients responsibility to read and understand these terms and conditions. If the client does not understand any item below they can contact info@magictreemedia.co.uk for any clarification. Commencement or payment for any client project constitutes the acceptance of the Magic Tree Media Terms and Conditions.

Magic Tree Media reserves the right to change these Terms & Conditions at any time.

WEBSITE DESIGN

Whilst we endeavor to ensure that the website and any scripts or programs are free of errors, Magic Tree Media cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

The website, graphics and any programming code remain the property of Magic Tree Media until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Magic Tree Media remain the copyright of Magic Tree Media and may only be commercially reproduced or resold with permission.

Magic Tree Media cannot take responsibility for any copyright infringements caused by materials provided by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of Magic Tree Media. Magic Tree Media reserves the right to charge additionally according to these further additions.

All developed web sites must have the Magic Tree Media link at the bottom of each page. The link can be removed for £150 to compensate the loss of advertising exposure.

The client agrees to make available as soon as is reasonably possible to Magic Tree Media all materials required to complete the site/project to the agreed standard and within the set deadline.

Magic Tree Media will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Magic Tree Media will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong doing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

Magic Tree Media will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

PAYMENTS

A non refundable payment of 50% is required with any website project before any design work will be carried out. All payments made are non refundable.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done.

Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.

COMPATIBILITY

Magic Tree Media will endeavor to ensure that any website or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 8 and to an acceptable level with Mozilla browsers. Magic Tree Media can offer no guarantees of correct function with all browser software.

HOSTING

Whilst Magic Tree Media recommends its own servers to host websites, no guarantees can be made as to the availability or interruption of this service. Magic Tree Media cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

SEARCH ENGINES & SEO

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites will bring more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use ‘white hat techniques’ when optimising websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimisation process. Due to the work involved payment is generally required in advance and we are unable to offer a refund in relation to this type of work.

Magic Tree Media cannot be held liable for any success or failure of any website or cannot guarantee any member figures, statistics or traffic targets as per clients expectations.

PAYMENT OF ACCOUNTS

A deposit is required from any new client before any work is carried out. It is the Magic Tree Media policy that any outstanding accounts for work carried out by Magic Tree Media are required to be paid in full, no later than 14 days from the date of the invoice.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Magic Tree Media have not been contacted regarding the delay, access to the related website may be denied and web pages removed. We will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.

We reserve the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.

YOUR PRIVACY

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Updated 5/1/11