The following terms and conditions document is a legal agreement between Media Rescue Design and Client for the purposes of Domain Name Registration, Web Hosting, website design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
By using our services, you agree to comply with our policies. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. By using Media Rescue Design services or by making a purchase from Media Rescue Design the client automatically agrees and accepts all terms and conditions. It is the responsibility of the clients to check the terms and conditions laid down by Media Rescue Design. Media Rescue Design does not accept any liability for works carried out by its resellers are agents Media Rescue Design does not accept any liability for works carried out by web designers not in its control . Media Rescue Design will make upgrades to its services and servers without notification of clients
SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Media Rescue Design has a “zero tolerance” policy regarding Denial of Service Attacks. Media Rescue Design reserves the right to terminate any Hosting account or Dedicated or Managed Server or Co-Location account which has been the target of a Denial of Service or similar type attack.
No Media Rescue Design account may be used for:
– Email spamming
– IRC Hosting or Services of any kind
– Warez, Hackz or Serialz sites.
– Illegal content or activities
– Any other type of high packet load or disruptive network traffic
– Ask before you attempt something questionable, it will save us all a lot of trouble.
Directly or indirectly transmitting or supporting the transmission of unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site.
CONSEQUENCES OF VIOLATION
When Media Rescue Design becomes aware of an alleged violation of its Acceptable Use Policy, Media Rescue Design will initiate an investigation. During the investigation Media Rescue Design may restrict Customer’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Media Rescue Design may, at its sole discretion, restrict, suspend, or terminate Customer’s account and/or pursue other civil remedies. If such violation is a criminal offense, Media Rescue Design will notify the appropriate law enforcement department of such violation. Media Rescue Design does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
Media Rescue Design is in no way responsible for data loss or money lost due to loss of data. While we strive to keep all data backed up on a daily basis for emergency use in the event of hardware failure or similar situation, there may be certain conditions or events that could cause problems with our backup process and we urge clients to keep their own backups.
SERVICE LEVEL AGREEMENT
Media Rescue Design offers a 99.9% network uptime Service Level Agreement and service credits will be applied if requested and the following criteria is met (Media Rescue Design is not responsible for money lost due to downtime): – Request for service credit must be issued via ticket system within 7 days of the reported incident. – You must include a ticket number referencing acknowledgement of the incident to show that you were affected.
ACCEPTANCE OF WORK
Quotations are valid for 30 days from date of issue.
Projects will only commence when the quotation has been accepted by the Client. Any other services on the order which have not been included in the quotation do not form part of the contract. The Client agrees to check that the details of the Quotation are correct and should print and keep a copy for their records.
Media Rescue Design reserves the right to withdraw from contract at any time prior to acceptance.
PERMISSION AND COPYRIGHT
All pages, images, text and code on Media Rescue Design web site/s is copyrighted material.
Clients / visitors to the Media Rescue Design web site/s may not use any of the pages, images, text or code on the web site for use on Client’s or visitors own web site or to create a web site, templates or Actinic templates without prior written permission from Media Rescue Design.
Copyright of the completed web designs, images, pages, code and source files created by Media Rescue Design for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Media Rescue Design.
Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and the Media Rescue Design.
Client hereby agrees that all media and content made available to Media Rescue Design for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend Media Rescue Design from any claim or suit that may arise as a result of using the supplied media and content.
Client agrees that Media Rescue Design may include development credits and links within any code Media Rescue Design designs, builds or amends.
Client agrees that Media Rescue Design reserves the right to include any work done for the Client in a portfolio of work.
Media Rescue Design reserves the right to refuse to handle:
a) Any media which is unlawful or inappropriate;
b) Any media which contains a virus or hostile program;
c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d) Any media which constitutes a criminal offence, infringes privacy or copyright
e) Any other questionable media at Media Rescue Designs own discretion
DOMAIN NAMES AND HOSTING
Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the Media Rescue Design from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service.
Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the Media Rescue Design requires to upload the web site if required as part of a project.
Media Rescue Design reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
All alterations for web sites projects are to be requested in writing either by email or postal mail by the Client. After the specified allowed hours of alterations have been completed, Media Rescue Design reserves the right to advise the Client as such and send a separate quotation to the Client and to request payment for any further alterations. Media Rescue Design reserves the right to request payment be received for further alterations before continuing work.
Upon completion of an agreed design the Client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.
Client agrees to provide any needed information and content required by Media Rescue Design in good time to enable Media Rescue Design to complete a design or web site work as part of an agreed project.
Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. Media Rescue Design agrees to try and match the design as closely as is possible when building the code.
Media Rescue Design endeavours to create pages that are search engine friendly, however, Media Rescue Design gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Media Rescue Design be held liable for any changes in search engine rankings as a result of using Media Rescue Designs code.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that Media Rescue Design can apply a nearest available alternative solution.
After site completion, a Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then Media Rescue Design reserves the right to quote for work to repair the web site.
Media Rescue Design reserves the right to assign subcontractors in whole or as part of a project if needed.
Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure.
All communications between Media Rescue Design and Client shall be by telephone, email, Skype or postal mail, except where agreed at Media Rescue Design discretion.
Media Rescue Design shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer, Google Chrome, and Mozilla Firefox latest releases. Client agrees that Media Rescue Design cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, Media Rescue Design reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
All invoices must be paid in full within 5 days of the invoice date
Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and Media Rescue Design reserves the right whether to quote or accept additional work. If additional work is accepted by Media Rescue Design may effect timescale and overall delivery time of the project.
A minimum of 50% deposit is required before commencement of work and interim payments at agreed milestones with balance paid before site is published live. The deposit is not refundable and is separate to any fees for Domain names Hosting and or secures certs The Client can choose to pay the full cost in one payment or split the cost into 2 payments. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received towards the end of work and before handover of finished files.
Once an invoice is sent to the Client it must either be paid either by bank transfer, PayPal or Cash. Paid online with major credit card via Paypal secure online payment. Except where a other agreed is made by a Company Director of Media Rescue Design at Media Rescue Design discretion.
Media Rescue Design reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Client may request that the Media Rescue Design cancel a project in writing by postal mail to Media Rescue Design and the project is cancelled only if Media Rescue Design confirms work has not been started on the project. If Media Rescue Design has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay Media Rescue Design for the work that has been carried out.
All quotations / invoices are submitted by email except where required otherwise by regulations or agreed at Media Rescue Design discretion.
Media Rescue Design reserves the right to remove it’s work for Client from the Internet if payments are not received.
LIABILITY AND WARRANTY DISCLAIMER
Media Rescue Design provides their web site and the contents thereof on an “as is” basis and makes no warranties with regard to the site and it’s contents, or fitness of services offered for a particular purpose. Media Rescue Design cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees Media Rescue Design is not liable for any bugs, performance issues.
Media Rescue Design endeavors to provide a web site within given delivery timescales to the best of it’s ability. However, the Client agrees that Media Rescue Design is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The Client agrees Media Rescue Design is not liable for absence of service as a result of illness or holiday.
The Client agrees Media Rescue Design is not liable for any failure to carry out services for reasons beyond it’s control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Media Rescue Design is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Media Rescue Design to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, Media Rescue Design cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the Media Rescue Design has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Media Rescue Design can correct these errors for the Client at it’s own discretion.
If after handover of files errors are found in code the Media Rescue Design has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, Media Rescue Design can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.
Should Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Media Rescue Design reserves the right to cancel forthwith any projects and invoice Client for any work completed.
Media Rescue Design shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if Media Rescue Design has been advised of the possibility of such damages.
There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Media Rescue Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
Media Rescue Design may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. Media Rescue Design reserves the right to quote for any updates as separate work. Client agrees Media Rescue Design is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold Media Rescue Design harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
Client agrees to use all Media Rescue Design services and facilities at their own risk and agree to defend, indemnify, save and hold Media Rescue Design harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Media Rescue Design or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.
Client also agrees to defend, indemnify and hold harmless Media Rescue Design against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.
IE DOMAIN REGISTRY LTD
The applicant and service provider accept the following conditions of liability and indemnity:
7.1: The holder of a domain name shall indemnify IE Domain Registry Limited and its servants or agents and shall hold IE Domain Registry Limited and its servants or agents harmless from and against any loss, damage, liability, claim or expense resulting from a claim or claims asserted by a third party regarding licensing of or right to use the domain name in question.
7.2: No liability shall attach to IE Domain registry Limited or its servants or agents in respect of any loss or damage whatsoever suffered by the applicant or a service provider and arising from any action or neglect on the part of IE Domain Registry Limited or its servants or agents in the exercise of the function of the naming authority.
7.3: I accept that failure to pay the maintenance fee will result in the deactivation of the domain name.
7.4: I hereby agree to the resolution of disputes in respect of the domain name applied for in accordance with IE Domain Registries Dispute Resolution Policy in force for the time being, but that this is without prejudice to any and all rights I have in the name applied for and shall not prevent any party to the proceeding from submitting the dispute to a court of law for independent resolution at any time.
Media Rescue Design and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Media Rescue Design to another party.
Media Rescue Design and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1988 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
Media Rescue Design reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Media Rescue Design shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
This agreement shall be governed by the law of Ireland which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Any and all matters pursuant to this agreement are governed by Irish Law and are under exclusive jurisdiction of the Irish Courts.
Media Rescue Design reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the Media Rescue Design web site at http://www.Media Rescue Design.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.