Mediaexces LTD – WEBSITE DESIGN & HOSTING TERMS AND CONDITIONS INCLUDING GDPR
Definitions
Development
For the purposes of this contract development in most cases will refer to the development of a website or other media piece agreed by a Client and Mediaexces LTD.
Client
The Client is the person entering into an agreement with Mediaexces LTD Limited for the purchase of services usually but not restricted to website development and other
associated media.
Mediaexces LTD
Mediaexces LTD, Mediaexces LTD or Mediaexces LTD Limited is the vendor and provider of services.
Accessible
For the terms of this contract accessible will refer in most cases to accessible website design as referred to by W3C Guidelines.
Agreement
The Client agrees to be bound by the following terms and conditions. Any amendments to the following must be mutually agreed.
GDPR
General Data Protection Regulation
1. Development Process
1. Mediaexces LTD agrees that all of the business affairs and information of the Client are to be kept confidential except where necessary for the execution of their services for the Client.
2. Mediaexces LTD will host the Client’s website unless otherwise negotiated with the Client.
3. Mediaexces LTD is not responsible for search engines crawling and ranking websites which are hosted either on the Mediaexces LTD within the Mediaexces LTD account within the in development section or at any time
while it is in development at any other domains.
4. Mediaexces LTD is not responsible for loss or damage to clients data due to hacking of a website or other online system.
5. Mediaexces LTD is not responsible for spamming, phishing, pharming or spoofing originating from a clients website or online system.
6. All intellectual property rights in materials provided by the Client for its website remains the Client’s property. Subject to this, all intellectual property rights in software,design work or any other materials provided to the Client pursuant to this agreement remain the property of Mediaexces LTD.
7. The Client is responsible for ensuring that all material supplied to Mediaexces LTD during a development is either copyright free or that the Client has the permission of the respective copyright owners to use the materials.
8. The Client will provide Mediaexces LTD within a reasonable timeframe either at the beginning of a development or before a development commences all information and assistance reasonably required for the completion of any agreed
tasks, including overall business objectives and objectives for the Client’s website. This is to include but is not limited to costs, pictures, content information, photographs, timescales and required functionality, plus any relevant legal requirements, logos, artwork, product and service information.
9. No website Mediaexces LTD creates includes the development of a logo as standard. However during the development of a website Mediaexces LTD may create some artwork as part of a Clients unique design which may be used by
the Client for other purposes in their branding. Should the Client require that this artwork undergo further development such that it goes beyond three iterations this will then be counted separate to the original agreed development and is subject to Mediaexces LTD hourly rate of €250 per hour unless a set fee is otherwise agreed between the Client and Mediaexces LTD.
10.Any information and images intended for inclusion in a website should normally be provided in digital format by email or CD-Rom unless previously agreed to between Mediaexces LTD and the Client. Should Mediaexces LTD have
to spend unreasonable time converting material into a usable format for a development they reserve the right to charge the Client €250 per hour.
11.Any additional cost arising where the information has to be created or converted to digital format by Mediaexces LTD will be agreed with the Client beforehand. If digital information is supplied in a non-standard format, the Client
will be responsible for Mediaexces LTD reasonable costs of conversion to a usable format. Where Mediaexces LTD after making all reasonable efforts are unable to facilitate the conversion of content into a usable format a third part
will be found to undertake this work. The cost of this are in addition of any previously agreed contract.
12.If the Client does not engage in reasonable contact with Mediaexces LTD during the development of a project resulting in Mediaexces LTD being unable to continue with a development for a period of 2 weeks or if the Client
fails to provide the above required content, information, text and images to Mediaexces LTD within normally a 3 week timescale from the date of initiation, or a period otherwise mutually agreed with Mediaexces LTD, then Mediaexces LTD reserves the right to charge the Client for the time spent on the Client’s project at up to a rate of €250 per hour plus a cancellation charge of 50% of the remaining fees due of the development. Should this happen it will be treated as a termination of contract by the Client. Should the Client subsequently request that Mediaexces LTD continue with a development, Mediaexces LTD reserves the right to renegotiate any fees due from the original contract or renegotiate a new contract.
13.The Client is responsible for sending any information to Mediaexces LTD
2. Termination and other Conditions
A. Where Mediaexces LTD provides services on an ongoing or continuous basis, Mediaexces LTD will provide the Client with one month’s notice of termination, or of any changes to relevant prices and conditions.
B. Mediaexces LTD may terminate the agreement with the Client at any time.
C. In the event of any of the below terminations, Mediaexces LTD reserves the right to charge the Client for the time spent on the Client’s project including time spent in communication with the Client in relation to any of the above matters at up to a rate of €50 per hour plus a project cancellation charge of up to 50% of the remaining fees due under the orders then current.
1. should the Client request updates or update themselves via a Content Management System the websites in such a way that the development is no longer accessible to people with disabilities
2. The Client change the purpose of their existing website and request updates or update them selves via a Content Management System a website so that the original aims and purposes of a site are no longer the same or similar to what was agreed in an original contract.
3. Should the Client fail to make a payment within 7 days of being notified that a due payment has not been made all Hosting and Email services will be suspended
4. Should the Client go into liquidation or have a receiver/ administrative receiver appointed over any of its assets
5. If the Client is in breach of any term of this agreement and the breach is incapable of remedy or, if the breach is remediable, it continues for a period of 15 days after written notice requiring the breach to be remedied has been given to the Client
6. If, in Mediaexces LTD’ s sole opinion, the Client is using Mediaexces LTD services in a way likely to damage or bring disrepute onto Mediaexces LTD and the Client does not immediately desist from this use on written notice from Mediaexces LTD
Web Design to this effect.
7. Mediaexces LTD is not responsible for loss or damage to clients data due to hacking of a website or other online system.
8. Mediaexces LTD is not responsible for spamming, phishing, pharming or spoofing originating from a clients website or online system.
9. If, in Mediaexces LTD’s sole opinion the Client is using a development which may bring Mediaexces LTD’s name into disrepute.
10. Should the Client cancel the project at any time for any reason, Mediaexces LTD reserves the right to charge the Client for the time spent on the Client’s project at up to a rate of €250 per hour and impose a project cancellation charge of up to 50% of any previously agreed fees.
11. The Client agrees to pay for Mediaexces LTD services within 14 days of invoice unless explicitly agreed otherwise in writing by Mediaexces LTD. Mediaexces LTD reserves the right to claim compound interest at a rate of 6 per cent per annum on the outstanding debt.
12. During some developments Mediaexces LTD may provide any service by means of third parties at its sole discretion. The Client accepts unconditionally that Mediaexces LTD is not liable for any loss or damage incurred by the Client including but not limited to loss of profit or search engine ranking.
13. Mediaexces LTD may appoint any of its employees to work on any project. It may also appoint people working on contract basis for Mediaexces LTD to work on any project
14. Mediaexces LTD will take all reasonable care in it undertaking of work for a Client to ensure that it is freed from errors. The Client warrants the understanding and acceptance that, as it is not possible to guarantee freedom from errors.
15. Mediaexces LTD will take reasonable care to ensure its assessments, audits and recommendations to a Client are soundly based and aimed at completing the agreed tasks to a professional standard. Where the Client undertakes actions following recommendations from Mediaexces LTD the Client accepts that responsibility for any subsequent outcomes from this, remains with the Client.
16. The Client may agree additional work at any stage with Mediaexces LTD. This may be subject to additional fees which may not be the same as fees for the same services previously rendered to the Client. The terms and conditions as outlined here will apply to the additional work unless explicitly varied by agreement between the two parties.
17.Where Mediaexces LTD offers links either via email or on Mediaexces LTD websites to other sites, Mediaexces LTD does not accept any responsibility for the content of those sites, the owners of which do not necessarily have any link, commercial or otherwise, with Mediaexces LTD. Mediaexces LTD also do not take responsibility for the links from its Clients websites.
18.Mediaexces LTD utilises outside contracts for the hosting of all of the websites it creates. Mediaexces LTD is not responsible for this hosting though every care has been taken in its selections. If the outside contractor suspends the hosting or other internet services for the purpose of maintenance, improvement or repair or if there is any failure of or fault in the provision of the internet services for any reason not in the immediate, direct control of Mediaexces LTD or its agents, Mediaexces LTD will not be liable for any loss or damage incurred by the Client, whether direct or indirect (including, without limitation, loss of profit) and whether arising in contract, tort or otherwise.
19. Mediaexces LTD’s liability for any damages (including, without limitation, damages for loss of profits) arising in contract, tort or otherwise, resulting in any way from this agreement shall be limited, in aggregate over the entire period of the agreement, to the total amount paid by the Client to Mediaexces LTD for service(s) rendered under the contract at the time.
20.Nothing in these terms and conditions is to be interpreted as an attempt to limit or exclude Mediaexces LTD’s legal liability for any personal injury resulting from Mediaexces LTD’s negligence or to affect the Client’s statutory rights.
21.The Client agrees to indemnify Mediaexces LTD and will keep Mediaexces LTD fully indemnified against all loss, damage, costs, claims and expenses arising in any way from any service or product
offered or provided to, via or concerning the Client’s web site and any breach of the terms and conditions set out in this document or associated documents.
22. Should the client wish to terminate services with Mediaexces LTD a €750 transfer fee is applied for the transfer of the domain and / or files. Mediaexces LTD maintains the right to withold any custom coding or files which may be the
intellectual copyright of Mediaexces LTD and further negotiations can be entered to transfer such files. Files from suspended accounts cannot be transferred until the account is in credit.
23.Each provision in this agreement limiting or excluding liability operates separately and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision.
24.This agreement is governed by and construed in accordance with Irish law. Mediaexces LTD seeks to clarify carefully and fully in these Terms and Conditions the obligations of Mediaexces LTD and its Clients for the provision of Mediaexces LTD services. These Terms and Conditions stand accordingly in lieu of the terms of the Sale of Goods and Supply of Services Act, 1980. This paragraph in no way excludes or exempts Mediaexces LTD’s statutory duties or obligations.
25.Mediaexces LTD reserve the right to alter these Terms and Conditions from time to time. By continuing to accept services from Mediaexces LTD after being notified by e-mail or otherwise of the altered Terms and Conditions the Client will be deemed to be bound by the altered Terms and Conditions. A copy of these terms and conditions will be available on the Mediaexces LTD website www.mediaexces.com at all times or at the request of the Client.
26.All amendments to this agreement, as well as any other assurances or arrangements, must be made in writing. Any agreement made on behalf of Mediaexces LTD by its representatives or agents shall only be binding if agreed in writing by Mediaexces LTD.
27.Unless otherwise mutually agreed, any quote provided by Mediaexces LTD will be valid for a maximum of 3 months.
3. Design, creation and maintenance of a website for the Client:
The Client commissions Mediaexces LTD to design and create a website to meet the agreed business needs of the Client and to submit the design and
completed website for the Client’s approval.
1. The website design fee or any outstanding part of it will be due in full on completion of the website or agreed stages. The Client undertakes to pay Mediaexces LTD the agreed design fee promptly on approval of the completed website or agreed staged development and on the submission of the associated invoice. The Client agrees not to unreasonably withhold approval of the design, stage development or completed website.
2. The design of the particular website will be the property of the Client upon completion of the contract. However, this will in no way prevent Mediaexces LTD from using any aspect of the site design or coding for other Clients. The Client may adopt aspects of the design in other media including print with the permission of Mediaexces LTD which will not be unreasonably withheld.
3. The Client understands that Mediaexces LTD may use the published website as a reference site only for future potential Clients of Mediaexces LTD and will not unreasonably withhold permission for this.
4. The Client is not restricted to engaging Mediaexces LTD to undertake site maintenance and amendment. This may be undertaken by the Client or a third party engaged by the Client
4. Hosting
1. The Client agrees to pay the agreed fees promptly annually by bank as agreed mutually between the two parties.
2. Mediaexces LTD quoted hosting fees apply to the initial 12-month period. Where it becomes necessary to increase these in subsequent years, Mediaexces LTD will provide at least one months notice of any proposed increase.
3. The Client agrees to take adequate measures to ensure their website or any system operated or provided by Mediaexces LTD is not used for transmission of computer viruses, any material that is obscene, defamatory, abusive, indecent, or illegal, nor used in a manner creating a violation or infringement of the rights of any person, firm, company or other entity.
4. Mediaexces LTD reserves the right to suspend the hosting and / or other services at its absolute discretion for the purpose of maintenance, improvement, repair or prevention of problems.
5. Unpaid hosting accounts will be suspended 7 working days after the due date of payment. Should a client require access to the files on the suspended account hosting payment must be made in full.
6. Where Mediaexces LTD provides the Client with e-mail facilities, web hosting or other services which involve the provision of computer storage space, Mediaexces LTD reserves the right to impose limits on the storage space and bandwidth provided. Such limits may be by reference to the physical amount of space made available, the number of e-mail messages held, the size of any attachments sent or any other method Mediaexces LTD may specify. Mediaexces LTD reserves the right to vary these limits from time to time and will keep the Client informed by e-mail. Mediaexces LTD reserves the right to refuse to accept material and/or to delete material which exceeds the relevant limit.
PRIVACY POLICY AND GPDR COMPLIANCE
Privacy Policy: how we use your data.
This Privacy Policy applies to Mediaexces LTD website and its subdomains (“Sites”). Mediaexces LTD (Mediaexces LTD,” “we,” or “us”) knows that you care how informations about you are used and eventually shared. This Privacy Policy explains what information of yours will be collected by Mediaexces LTD when you access the Sites, how the information will be used, and how you can control the collection, correction and/or deletion of your data. We will not use or share your information with anyone.
Information We Collect.
(a) Our Service: We may collect personally identifiable information about you, such as your full name, company name, email address, or similar, when you register for an account. If you choose to purchase a product from us, our third-parties payment processors such as PayPal or Stripe will collect your payment information. Your interactions with third-parties payment processors are governed by the privacy policy of the organization providing it. We won’t share in any way your personal data with PayPal and Stripe payment gateways, you are redirected from our website to these external websites and the interactions with these external websites are governed by the privacy policy of the organization providing it.
(b) Cookies And Tracking Technologies: refer to the cookies policy.
(c) Access And Retention Of Data Controlled By Our Customers: An individual who is a current Mediaexces LTD customer who seeks access or wishes to correct, amend or delete inaccurate data about his account, will be able to do this simply editing data through the user profile form. Each customer will be able to update, export and delete account data at any time and directly by itself without the need of contacting us.
(d) We will retain personal data we process on behalf of our customers for as long as needed to provide our services. Mediaexces LTD will retain this personal information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
How We Use Your Information.
We use the information that we collect about your profile solely to provide access to your reserved area, purchased products and to provide regular invoices. We won’t use your collected data for any other purpose nor to send you any commercial or promotional ads.
How We Share Your Information.
(a) Personally Identifiable Information: Mediaexces LTD will not share, rent or sell your personally identifiable information to others. We may store personal information in locations outside the direct control of Mediaexces LTD (for instance, on servers or databases provided by our hosting provider). Management, security and integrity of data storage are under the direct responsibility of our hosting provider company and are governed by the privacy policy of the organization providing the hosting service.
(b) What Happens In The Event Of A Change Of Control: We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, and other User information related to the Mediaexces LTD Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
(c) Testimonials: We display personal testimonials of satisfied customers on our Site . With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can do it at any time.
Storage and Processing.
Your information collected through the Mediaexces LTD Service may be stored and processed in Europe by our third-parties hosting provider. Mediaexces LTD is not responsible in any way about the physical data storage of your data. Management, security and integrity of data storage are under the direct responsibility of our hosting provider company and are governed by the privacy policy of the organization providing the hosting service.
How We Protect Your Information.
Mediaexces LTD is concerned with protecting your privacy and data, but we cannot ensure or warrant the security of any information you transmit to Mediaexces LTD or guarantee that your information on the Mediaexces LTD Service may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. When you enter sensitive information (such as log in credentials) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. We use outside payment platforms and credit card processing company such as PayPal and Stripe to bill you if you purchase products. These companies do not retain, share, store or use personally identifiable information for any other purposes. Your interactions with these external websites are governed by the privacy policy of the organization providing it.
Our Choices About Your Information.
For current Mediaexces LTD customers, you can review, correct, update, export or delete inaccuracies to the information about you that Mediaexces LTD keeps on file by logging into your account for example to update your password and billing information. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
Social Media Widgets.
Our Site may include social media features, such as the Facebook Like button and other widgets, that run on our Site. These features may collect your IP address and which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third-parties or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the organization providing it.
MediaExces LTD is located at:
21 regent street, , Belize City, Belize