Terms of Service
As a customer of SprightlyMedia you agree
to abide by the following terms and conditions.
Terms of the Contract
Having received a brief of
requirements from the customer, either verbal or written, SprightlyMedia
will produce a quotation detailing the design work to be carried out. The
customer must provide written confirmation that the quotation is acceptable.
The quotation will effectively form the basis of this contract.
This agreement constitutes
the entire agreement between SprightlyMedia and the customer. In making
this agreement each party confirms that they have not relied on any inducement
not recorded in this agreement.
Copyright and Content
The client MUST own
copyright, or have reproduction rights, of all artwork, trade names,
photographs, and other materials supplied to SprightlyMedia for inclusion
on the clients web site. The client shall indemnify SprightlyMedia
against any costs whatsoever in connection with the ownership of copyright or
reproduction rights. The client shall have full liability for the consequences
of the contents of their site as long as the site reflects the clients'
instructions to us.
Customer's logos, artwork, graphics
and photographs remain the Copyright of the customer. Design, graphics and
programming produced by SprightlyMedia remain the intellectual property,
of SprightlyMedia unless otherwise agreed. Copyright of any CGI or
javascripts within the website will remain the property of SprightlyMedia
for the duration of the websites existence and shall not be modified or reused
without the express permission of SprightlyMedia.
All domain names are registered in the clients name and not that of SprightlyMedia.
SprightlyMedia withholds the right to
refuse publication on the web of any content which it sees as being indecent,
obscene or offensive towards others.
Design of Website
SprightlyMedia will
produce and publish temporarily on the SprightlyMedia website a design
proof for the customer's approval. The design copyright of the proof shall
remain the sole property of SprightlyMedia. Use of the design in any
respect without the express written permission of SprightlyMedia will
constitute breach of copyright.
SprightlyMedia will
complete the design and build of the customer's website after receiving written
confirmation that the design proof is satisfactory.
SprightlyMedia will release website code and graphics when payment of the
final invoice for the outstanding quotation value is received in
full.
Once SprightlyMedia has received written confirmation
that the design proof is satisfactory, modifications to the design
specification will be considered an amendment to the contract. All
modifications must be confirmed in writing.
Invoicing, Payment and Tender Validity
Tenders and Quotes are
valid for 30 days from the date of the Tender or Quote. All prices quoted may
be subject to change without notice after this period.
Payment for the services must (unless otherwise agreed with SprightlyMedia) be made as follows: 40% in advance, next 30% after approval and
final 30% after complition of the project but before uploading. design
modifications will be a charged extra.
Payment shall be made in
USD, UK Pounds Sterling or INR to SprightlyMedia. Payments are due within
14 days of presentation of invoice. If due to bank charges, transfer fees, or
the like, SprightlyMedia should receive less than its invoice amount,
SprightlyMedia will re-invoice customer for the shortfall. In the event
that any amount remains unpaid fourteen days after invoice date, SprightlyMedia reserves the right to discontinue, withhold, or suspend services to
the customer to whom such unpaid amounts relate.
Once SprightlyMedia has undertaken a commission for services, a
cancellation fee of 75% will apply if the contract is terminated through no
fault of SprightlyMedia. An interim invoice will also be levied for 75%
of the total quotation value if website content is not received within 30 days
of commission.
The final invoice will be issued when work has
been completed on the customer's website design. website code and graphics will
not be released to the customer until payment is received in full. Any further
modifications to the website will be chargeable under separate terms.
Fraud
SprightlyMedia will not tolerate any attempts to obtain goods by fraudulent means. Any fraudulent action will be reported to the relevant authorities. Please note that Internet host IP addresses are recorded when placing an order online.
|