Media City Way Terms & Conditions

1. Once a Client accepts a quote, or detailed email with costs included, the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. The contract between Media City Way and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
3. The works to be carried out shall be as set out in the Media City Way Quotation document sent to the Client via email.
4. Email, direct messaging and/or telephone calls will be the method of contact regarding all communication for the website design & development. It is the Client’s responsibility to inform us of any change in email address or telephone number. Media City Way cannot be held liable in any way relating to communication issues if we are not supplied up to date and correct contact details. Media City Way will acknowledge all emails within 3 working days.
   1. If a customer’s conduct via telephone is considered unreasonable, we will insist on email communication only. Media City Way reserve the right to cancel a contract should customer contact be in breach of our anti-harassment policy *.
   2. Calls made to our offices may be monitored and recorded.
5. Media City Way will only commence work on a Project after the quotation is accepted by the Client.
   1. Quotations may be sent as PDF attachments or text-based email/message.
   2. New websites will be switched to Live Mode once the Client’s remaining balance is paid in full.
6. The deposit paid to Media City Way covers the cost of design work carried out as well as any admin work and communication with Media City Way. The deposit is non-refundable.
7. The stated design revisions offered by Media City Way end when the Client agrees/signs off their design work and the Project reaches the Second Stage. Any design changes beyond this point are subject to additional charges.
8. All invoices must be paid in full within 28 days of the date of the original invoice. Failure to pay any invoice on time may result in late payment fees/charges and possible deactivation of the services such as but not limited to website Hosting.
   1. Payments for Domain names and Hosting must be received a minimum of 5 working days prior to them expiring. If these payments are not received in time they may be set to cancel.
      1. Payments for Domain names and Hosting are non-refundable.
   2. As of the 24^th June 2020 Media City Way no longer accept cheques.
   3. All monthly payments must be setup via Direct Debit or Standing Order for the 1st of every month to ensure there are no disruptions.
9. Media City Way shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images, videos or Content you supply or use on your website, is legally available for you to use and sell. Media City Way cannot be held responsible if any aspect of your website is deemed illegal.
10. It is important for the Client to keep in contact with Media City Way throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 5 attempts to contact the Client by email using the email address specified when the Client places their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We will levy a £50.00 admin charge if the Client later returns and wishes to continue work on their Project.
11. Where images used on the website have been purchased by Media City Way on behalf of the Client, these images are strictly for use and licensed for the one website only. Media City Way are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
12. Media City Way will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Media City Way will endeavour to always provide a reliable and professional service to the Client but do not guarantee that the website Hosting will always be available, especially in the event of a technical failure beyond our control.
    1. Media City Way require a minimum of 30 days’ notice for the Client to move or cancel their web Hosting.
13. Our standard Hosting package offers 5GB web space unless otherwise stated in a separate contract. If the website requires more than 5GB of space Media City Way will inform the Client.
    1. Storage increases will incur an increased cost which will be given to the Client before the upgrade is carried out. All upgrades to Media City Way servers are completed for you free of charge.
14. When a Client chooses to host their website with another Hosting provider:
    1. On completion of your website Media City Way will backup your website and database and transfer it to the Client free of charge.
    2. If the Client has an active hosting account with Media City Way and decides to move their hosting elsewhere the Client can backup their website and database via the Media City Way cPanel free of charge.
       1. If the Client would prefer Media City Way to backup the website and database and transfer to the Client a £100.00 fee is payable beforehand.
    3. If you would prefer Media City Way to set your website and database up for you on another hosts server an hourly charge will be incurred for the time taken to complete this process.
       1. It is the Client’s responsibility to ask Media City Way for their current hourly charges, as charges are subject to change.
15. Media City Way cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed because of a service offered by Media City Way.
16. Where asked to provide search engine optimisation for a Client, Media City Way do not guarantee any specific placement or high ranking on search engines.
17. Media City Way do not take any responsibility for a Client’s website rank on search engines including any potential website downtime that can occur. When updating, changing, creating and Hosting a Client’s website, there could be a change in the websites search engine ranking.
18. Media City Way will provide the Client with an expected completion date for the Project (live on the internet) if requested. Media City Way will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Media City Way is purely an estimate.
19. It is the Client’s responsibility to check with Media City Way whether Open-Source Software is being used or not.
20. The Client shall not be charged for Open-Source Software. If there is a charge for a website using Open-Source Software, the Client is paying for the installation and configuration time. Open-Source Software is not owned by Media City Way or the Client. Item 20 is subject to item 19.
21. Media City Way own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open-Source Software is used.
    1. Once the final payment has been received by Media City Way, the Clients cPanel details will be sent to them via email.
22. All images displayed on the Client’s website will only be used after authorisation by the Client and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the Content or copyright of any images supplied by the Client or Media City Way, they will be the sole responsibility of the Client.
23. Media City Way will register Domain names with the Clients information on file making the Client the legal owner of the Domain name. Media City Way cannot be held responsible for any details that are incorrect, or any charges incurred if the details need to be changed or updated.
24. It is the responsibility of the Client to renew their Domain names when due. If a Domain name expires, Media City Way cannot be held liable for this. However, Media City Way will make reasonable effort to contact the Client regarding Domain renewal.
    1. Domain name renewal fees must be received by Media City Way a minimum of 5 working days before the expiry date of the Domain. The expiry date of the Domain is shown on the invoice.
    2. Media City Way will inform the Client 4-6 weeks prior to the Domain name expiry date.
25. It is the responsibility of the Client to renew their web Hosting when due. If the web Hosting expires, the website and all other web services linked to the Hosting account including email(s) and database(s) will be set to deactivate. This means any service connected to the web Hosting account will no longer be available and live over the internet. Media City Way cannot be held liable if the Client does not pay their web Hosting renewal on time.
    1. Yearly Web Hosting renewal fees must be received by Media City Way a minimum of 5 working days before the expiry date shown on the invoice.
       1. Media City Way will inform the Client 4-6 weeks prior to the web Hosting expiry date. Reminders may also be sent 7-10 days before the expiry date.
    2. Monthly Web Hosting must be set up via Direct Debit or Standing Order to guarantee the monthly renewal is paid on time. Failure to set up a Direct Debit or Standing Order could result in the Client’s monthly payment not being paid on time, resulting in web Hosting deactivation.
    3. If the Clients web Hosting is deactivated the Client will receive an automated email on behalf of Media City Way before all web services are deactivated.
    4. Media City Way cannot be held liable for any loss of business to the Client whilst the Clients web Hosting has been set to cancel or deactivated.
    5. If a Hosting account is set to cancel or is deactivated, access to your Media City Way cPanel, Domain Control Panel and FTP will be locked.
    6. An admin fee of £50.00 and the full Hosting fee must be received in full to reactivate your Web Hosting should the Clients web Hosting be deactivated. The admin fee is charged due to the time spent reconfiguring the settings on the server.
    7. All web Hosting files including websites, emails and databases will remain on Media City Way’s servers for 50 days after deactivation. Once this timeframe has lapsed all files will be permanently deleted.
       1. Once files have been permanently deleted there is no way to retrieve them.
26. If the Client does not use Media City Way’s Hosting services, then the management of the Hosting are the full responsibility of the Client.
27. Should a Client wish to move their Web Hosting away from Media City Way or transfer a Domain name away from Media City Way, an hourly admin charge may be issued if Media City Way have to spend time making the changes on behalf of the Client.
    1. If you would like to transfer your website to another host, we recommend you doing this a minimum of 2 weeks before your Hosting expiry date.
    2. Any outstanding invoices must be paid in full before any transfers are started by Media City Way or the Client.
28. Media City Way can provide daily, weekly or monthly backups of your website and database(s). For more information, please contact us about the pricing of our backup plans.
    1. Backups of your website and databases can be completed manually and free of charge using your Media City Way cPanel or FTP (website only) details. Item 28a is subject to item 25e.
    2. If you would like Media City Way to complete a manual backup of your website and database a flat rate of £100.00 will need to be received before the backup is transferred to the Client.
29. Media City Way has no control over or responsibility for the content of clients’ websites. The content of our clients’ websites does not constitute Media City Way’s endorsement or approval of the website or its material.
30. Media City Way has not verified the Content or information contained within our Client’s websites and is not responsible for the Content or performance of these sites or for the Client’s transactions with them.
31. Media City Way shall place a small text link on the footer of a Clients website that simply states the website was designed by Media City Way and links to our company website.
32. Media City Way are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
33. Media City Way will not be liable for any failure or delay in performing their obligations under these Terms and Conditions to the extent that such failure or delay is caused by a Force Majeure.
    1. A “Force Majeure Event” means any event beyond the reasonable control of Media City Way, including but not limited to:
       1. Acts of God
       2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack
       3. War (whether declared or not) or threat or preparation for war
       4. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
       5. Acts of civil or military authorities
       6. Strikes, lock-outs or other industrial action
       7. the acts, decrees, legislation, regulations or restrictions of any government.
    2. If a Force Majeure Event occurs, performance under these Terms and Conditions will be deemed to be suspended for the period that the Force Majeure Event continues. Media City Way will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
34. If a Domain name is purchased by the Client through a company other than Media City Way, the Client has full responsibility in making sure that the Domain name is renewed when due. Media City Way cannot renew a Domain name purchased through another company.
35. Media City Way’s preferred payment methods are BACs and cash. If the Client is unable to pay by BACs or cash a PayPal money request can be sent to the Client. The Client understands that if a PayPal money request is sent the Client will incur any charges set out by PayPal.
    1. Clients do not have to have a PayPal account to pay a PayPal Money Request.
    2. Media City Way are not in control of the charges set out by PayPal nor the structure of their website. It is the Clients obligation to check what PayPal’s charges are – https://www.paypal.com/uk/webapps/mpp/paypal-fees
36. Media City Way makes no claims that the Contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk, and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
37. Media City Way reserves the right to revoke any and all services and terminate any agreement with immediate effect, without prior notice or refund, should a customer be found in violation of our Acceptable Use Policy (AUP). This includes, but is not limited to, the hosting of illegal or malicious content, network abuse, or the prohibited use of server space for storing website backups. Upon such revocation, we will require you to move any and all services under your account away from our servers within 3 working days. Following this period, Media City Way shall have no further obligation to provide access to hosted data, and all rights to the services shall cease permanently to ensure the security and performance of our network.

By continuing to work with Media City Way, you understand you have read and agreed with all our terms and conditions.

* Media City Way will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.