TERMS AND CONDITIONS

DEFINITIONS:

The Client: The company or individual requesting the services of Mint Sauce Media.

Mint Sauce Media: Primary designer/site owner & employees or affiliates

GENERAL:

Mint Sauce Media will carry out work only where an agreement is provided either by email, telephone, mail or fax. Mint Sauce Media will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Mint Sauce Media and the client, this includes telephone and email agreements.

WEBSITE AND PRINT DESIGN:

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Mint Sauce Media cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

For print projects Mint Sauce Media will supply files to the client to approve before final files are sent to print, it is the client’s responsibility to ensure these files are free from error. Mint Sauce Media will not be held responsible for costs incurred once the client has approved these files.

The website, graphics and any programming code remain the property of Mint Sauce Media until all outstanding accounts are paid in full. The design remains the property of Mint Sauce Media, and at no time may be copied or showcased without prior arrangement with Mint Sauce Media. This includes work that has been commissioned by other agencies and cannot be added to any portfolio other than that of Mint Sauce Media unless prior arrangement has been made by Mint Sauce Media.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Mint Sauce Media remain the copyright of Mint Sauce Media and may only be commercially reproduced or resold with the permission of Mint Sauce Media. Mint Sauce Media cannot take responsibility for any copyright infringements caused by materials submitted 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 Mint Sauce Media at an hourly rate of £40 per hour for these or further additions.

The client agrees to make available before commencement of the project to Mint Sauce Media all materials required eg. Website copy, images etc. to complete the site to the Mint Sauce Media agreed standard and within the set deadline. The client will provide all copy and imagery to complete their website project. If you would like Mint Sauce Media to provide or arrange a copywriting service, arrange photography or source stock photography suitable for your project this will charged at an additional rate of £40 per hour.

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

Mint Sauce 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 wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

Mint Sauce Media will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Mint Sauce 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.

A deposit of 50% is required before any design work will be carried out. This figure may be higher for websites of an adult nature and is non-refundable.

Once a website has been designed and completed the final balance of 50% 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 client’s satisfaction and no refunds can be offered.

CLIENT AND DESIGNER CONTACT:

Mint Sauce Media expects all clients to keep in contact with our designers during any on-going project. If we do not hear from a client for a period of 60 days then Mint Sauce Media reserve the right to ask for any outstanding balance for the project to paid before any more work is carried out. Further to this, If we do not hear from a client for a period of 6 months Mint Sauce Media will assume the client no longer requires the website / project and the project will be cancelled and all files deleted from our servers.

DATABASE, APPLICATION AND E-COMMERCE DEVELOPMENT:

Mint Sauce Media cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

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

Where applications or sites are developed on servers not recommended by Mint Sauce Media the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Mint Sauce Media before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Mint Sauce Media will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

COMPATIBILITY:

Mint Sauce Media will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Mozilla browsers, Microsoft Internet Explorer 10 and to an acceptable level with Microsoft Internet Explorer 10. Mint Sauce Media can offer no guarantees of correct function with all browser software.

WEBSITE HOSTING:

Whilst Mint Sauce Media recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service, Mint Sauce 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.

Mint Sauce Media reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

WEBSITE OPTIMISATION:

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 optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally.

We cannot accept liability 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. Mint Sauce Media reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

COPYRIGHTS AND TRADEMARKS:

By supplying text, images and other data to Mint Sauce Media for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Mint Sauce Media on behalf of the customer, will remain the property of Mint Sauce Media and/or its suppliers, unless otherwise agreed.

The customer may request in writing from the necessary permission to use materials (for which Mint Sauce Media holds the copyright) in forms other than for which it was originally supplied, and Mint Sauce Media may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Mint Sauce Media, the customer grants Mint Sauce Media permission to use this material freely in the pursuit of the design.

Should Mint Sauce Media or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Mint Sauce Media to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Mint Sauce Media free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

DESIGN CREDITS:

The customer agrees to allow Mint Sauce Media to place a small credit on printed material, exhibition displays, advertisements and/or a link to Mint Sauce Media ‘s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow Mint Sauce Media to place websites and other designs, along with a link to the client’s site on Mint Sauce Media ‘s own website for demonstration purposes and to use any designs in its own publicity.

PAYMENT OF ACCOUNTS:

A 50% deposit is required from any new client before any work is carried out. It is the Mint Sauce Media policy that any outstanding accounts for work carried out by Mint Sauce Media or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with Mint Sauce Media. All printed material must be paid for upon the order being placed.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. New websites will not go live, and original design files will not be released until final payment is made. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

For the payment of monthly hosting, once the invoice has been raised for the upcoming period, no cancellation can be made. If a cancellation request is made after the invoice date, the account will be cancelled but the charge will still be payable. Cancellation requests must be made by email and clearly state the terms of the cancellation.

If accounts are not settled within a reasonable period or Mint Sauce 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 debt collection agency Anderson Strachan Limited to pursue payment. Please note that this will result in additional fees being applied to the debt.

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.

CONTACT:

Questions, comments and requests regarding our Terms and Conditions should be addressed to Christopher Bayles o Jennet Bayles, Owners and Directors.