Introduction

The client's approval for work to commence or working in a partnership with Tangy Media is deemed a contractual agreement between the partner or client and Tangy Media. Approval for the work to commence as indicated by the completion of the appropriate Specification Document with the clients signature or payment of the advance / deposit fee shows that the client accepts the terms and conditions outlined in this document and agrees to abide by them throughout the duration of the project.

Clients Copyright Responsibilities

Where the client or working partner provides images, text, animations or any other content for either their website or off site materials, they are legally responsible for ensuring that this material does not infringe any current or past copyright. Example images provided by Tangy Media throughout the design and construction of the website or other material may have either been purchased under licence from stock image suppliers, or may be being used as an example for illustrative purposes. Image licences purchased from stock image suppliers are generally only licensed for a single use and may also only be licensed for use within the website or online media and may not be used in any other off site material. The website owner or client or working partner is legally responsible for ensuring that this does not happen. If the working partner or client wishes to use any images from the website or other materials for other purposes please get in touch with us for further clarification where we can usually arrange an additional licence.

Domain Ownership & Website / Database Hosting

All domain name registration and website / database hosting costs necessary to support the website shall be met by the Client. Tangy Media recommends that clients register their domain names through Tangy Media so that Tangy Media can ensure the client has full ownership of these and is able to resolve any issues in a timely manner. In cases where the client has registered a domain through another service provider, Tangy Media will always seek to work in partnership with the third party provider throughout the project, however this can delay project set up and completion times. In cases where Tangy Media are directly responsible for any ongoing services including Domain Name Registration, Website and Database hosting etc., each of these services will be automatically renewed on a rolling 12 month basis. These services can of course be cancelled or transferred to another provider at any point. However, doing so must be completed within a valid service period and will be subject to an administration fee of £15 plus VAT where applicable. For further information regarding our ongoing services, please see our Terms, Definitions and Deliverables of Ongoing Services which can be viewed at the following address: www.tangymedia.co.uk/terms-of-ongoing-services

Legal Website Ownership

Tangy Media will have full legal ownership of all of the source code, files and data that makes up the website, web based service or other materials until payment for the project in question is completed in full from the client. At this point, legal ownership of the website and accompanying materials will shift to that of the client.

Website Promotion & Marketing

Tangy Media is not responsible for marketing the client's website either initially or through any on-going on or off-site promotion. Should the client need any aspect of the website to be promoted or marketed in anyway including but not limited to Search Engine Optimisation on a one-off or an ongoing basis, a separate Search Engine Optimisation or website maintenance agreement will need to be undertaken – Please contact us for further information. The ascending order in which websites are ranked in the organic / natural search results of popular search engines is ultimately controlled by the search engine in question. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity. For further information regarding our ongoing services including Search Engine Optimisation, please see our Terms, Definitions and Deliverables of Ongoing Services which can be viewed at the following address: www.tangymedia.co.uk/terms-of-ongoing-services

Project Cancellation

Should the client or working partner wish to cancel or pause any project at any point throughout the design, development, construction, promotion or any other stage of the process, they shall remain liable for the work that has taken place up to that point and shall be invoiced accordingly with the usual invoice and payment terms still applicable.

Failure to Provide Required Website Content

In working toward agreed targets and to remain as efficient as possible throughout all projects, Tangy Media must ensure that work we have scheduled in is carried out at the planned time. On some occasions we may have to reject other work and new enquiries to ensure that the clients work is completed as close to the agreed targets as possible. Therefore, we often ask that the client provides all of the necessary text content, logos, photographs, materials and other resources in advance of the project commencing. Agreeing to provide Tangy Media with the required information and subsequently failing to do so within four weeks of a project commencing, may will result in both the project being delayed or postponed.   Essentially, it is not advisable to instruct Tangy Media to initiate a project until you as the client or partner are ready to start and are confident you will have the necessary resources available.

NOTE: Necessary text content can be supplied or delivered as a Microsoft Word (or similar computer based document) with the pages in the supplied document(s) directly representing the content of the relevant pages on your website. For example, the Homepage text content document would to entitled 'Homepage' etc. Necessary photographic or graphic content can be supplied in a variety of formats including Jpeg, PSD, Tiff, Bitmap, Gif etc. We will always try our best to accommodate the current file format of your graphic resources, but reserve the right to refuse to use or charge additional fees to convert file formats which are not industry standard. Further more, when supplying photographs and graphical files, it is essentially that these are in their most raw format or highest resolution possible to ensure the best finish on the resulting article. Please do contact us directly if you would like further clarification on supplying content.

Design Proposals

Design proposals can take the format of anything from website design ideas to new logo concepts that are supplied by Tangy Media for clients to review, feedback on and approve. Concepts can include website page mock ups, suggested graphics and design ideas for online features. The client should ensure that Tangy Media has details of the existing brand identity, colour schemes and design directions etc., prior to the beginning of the project. The best way forward here can often be to research other competitors or other websites that you as the client like the feel / colour / look / features of as an example of the preferable design direction.

Project Proposals & Quotations

The project price quoted to the client from Tangy Media will cover the agreed / proposed work that is detailed in the proposal, specification or quotation only. Should the client decide that further features or changes are required after work on the website commences that was not included within the original proposal, specification or quotation, then these changes can be accepted with the provision that additional charges may have to be negotiated or re-quoted for to cover the additional work.

Advance & Final Payment

An advance deposit of 50% of the total cost of the relevant areas of the project is required before work can commence and an invoice will be issued covering this amount at the project outset. After work has commenced on the project this is non-refundable. The final 50% of the project cost of the relevant areas will be invoiced upon total completion and client satisfaction. Tangy Media reserve the right to withhold the final launch of any online services until the final payment is completed in full.

Payment Terms

Payment for work is currently accepted by cheque, made payable to 'Tangy Media' or BACS / Bank Payment Transfer in UK Pounds Sterling, unless otherwise agreed. Paying via cheque will be subject to a £2.50 (plus VAT where applicable) administration charge which can either be added to the total amount owed in each case or alternatively will be added to next scheduled invoice. If no scheduled invoice is due then this fee will be payable separately. If your cheque is returned by the bank as unpaid for any reason, you will be liable to cover the 'returned cheque' charge of £25. The current BACS / Banking transfer details for Tangy Media can be found towards the foot of your invoice.

Payment of any outstanding balance will be due within 30 days of the invoice issued date. Specific details on the invoice due date can be found towards the top right of your invoice from Tangy Media. Tangy Media reserve the right to withhold full publication of any web based service until full payment has been received on any outstanding invoices. Any online services or material that has previously been published or made live may be removed if payment is subsequently not received by the working partner or client. In scenarios where this occurs a minimum administration charge of £45 will be required to have the website or service restored.

Overdue & Late Payment

Overdue invoices from Tangy Media that have not been settled within seven days of our final reminder email or letter will incur a late payment charge of 10% of the outstanding amount. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.

Future & Ongoing Support

The web based service or website is provided to and accepted by the client, from Tangy Media as a fully functioning, completed piece of work. Tangy Media is not responsible for future support. Any ongoing support can normally be provided upon request and for an arranged time and fee. No guarantee of future support is given unless an ongoing maintenance or Search Engine Optimisation agreement is taken out. For further information regarding our ongoing services including Search Engine Optimisation, please see our Terms, Definitions and Deliverables of Ongoing Services which can be viewed at the following address: www.tangymedia.co.uk/terms-of-ongoing-services

Future Website Problems

Unfortunately in the current online climate, malicious software, spyware, viruses and website hacking problems are facts of life. It is however highly unlikely that any of these problems will directly affect your website, and Tangy Media will endeavour to protect the website or service from these as much as we can during its creation. However, Tangy Media cannot be held responsible for any problems that develop on completed sites as a result of an illegal activity including but not limited to those mentioned above. We will of course endeavour to help out where possible with any problems on a case-by-case basis should they arise, and reserve the right to charge for the time and resources necessary to work on attempting to correct such a problem.

Compliance with W3C, Accessibility, E-commerce, VAT or Other Regulations

Tangy Media both design and construct websites and other online services in accordance with the client's requirements and those detailed in the individual specification. It is the client's responsibility however to ensure that the website and its content comply with current standing regulations in their industry / online. Tangy Media cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business, industry or trade. Tangy Media can research this on the client or business partner's behalf upon request, but in any business where complex compliance issues exist; Tangy Media would always recommend that the client takes legal advice from their company lawyer in respect of how these regulations should be interpreted and acted upon online.

Terms of Business Notes

Should Tangy Media choose to waive any of the terms mentioned above on an individual or case-by-case basis, this shall not affect the validity of the remaining clauses or commit Tangy Media to waive the same clause on any other occasion with any other client or any other project.

By working in partnership with Tangy Media, signing a client specification or paying the advance / deposit fee, both partners and clients are agreeing to these terms and conditions of businesses. By agreeing to Tangy Medias Terms of Business, your statutory rights are not affected.

Tangy Media reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us directly.