Other notes
Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.
Late Payment.
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If the client fails to pay the fees as specified herein, Marketing Favour may suspend or terminate your account and pursue the collection costs incurred by Marketing Favour, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Marketing Favour will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage.
All use of hosting space provided by Marketing Favour is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Marketing Favour expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Marketing Favour may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Marketing Favour terms and conditions.
Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance.
Project Briefing
Marketing Favour will supply a project brief following completing of an online briefing questionnaire or telephone consultation as part of our required services. The project brief is a representation of the website/service Marketing Favour will be developing for you. The client has 48 hours to raise any concerns with the project brief after which time no changes can be made. Marketing Favour withholds the right to charge additional fees for their time to make amends to the project brief if the client raises concerns after the 48 hour period. It will have been constructed to represent the combination of the verbal brief and all other verbal contact regarding this project up to and including the quotation submission and overrides all previous documentation or verbal agreements. The client must ensure all functionality described matches their desired requirements, and that all required functionality is specified. The project brief document is created for the following purposes:
- As a specified list of the functionality required in the website/service by you, the client.
- As a checking document for you, the client, to double-check your requirements.
- As a legally binding agreement describing the scope of the project.
- As a development team working document.
- As a development quality control document.
It is extremely important that you verify that the website and/or service functionality explained within the project proposal matches your requirements. Changes following order placement will require additional briefing, specification and quotation and may require further development time to be added to the original dates quoted which will move the delivery date and subsequent project launch. It is entirely the responsibility of the client to ensure the content and functionality of the website they request Marketing Favour to design and build and therefore approve does not infringe the copyright of other website designs or functionality.
Client Approval
Marketing Favour will provide the Client with an opportunity to review a hard or soft copy mock-up sample web page prior to web site construction. Once approved by the Client, the construction of the web site will begin. Any changes to the website or service after approval are chargeable. The client will be offered the opportunity to privately review and make minor ‘content’ changes to the web site and ensure that the web site includes all the functions outlined in the project brief prior to the site going live for up to 2 weeks. This private preview is carried out via the Marketing Favour testing server or loaded within clients hosting. At the end of (or during) this period, the Client must submit any queries or omissions to Marketing Favour in writing or by e-mail, if no communication is received it will be deemed that the web site fulfils the functionality specified in the project brief and will be made ready to go live. Any queries or changes requested after this time will be deemed to be outside of the original project brief and be charged accordingly. Additional functionality requests will be quoted for separately if they are out of the scope of the original project brief and/or package that the client signed up for.
Once the Client has approved the final preview the web site will be made live and accessible to all users of the World Wide Web. Marketing Favour accepts no responsibility whatsoever for loss of business if bugs are found after the first two weeks of the client’s approval.
Turnaround Time
Marketing Favour will install and publicly post the clients Web site by the date specified in a project brief, unless the client delays approval, delays providing content (of any sort), delays answering project queries or specifically requests a delay.
Copyright
Clients retain the copyright only to data, files and graphic logos provided by the Client, and grants Marketing favour the rights to publish and use such material. Custom artwork and graphic logos designed by Marketing Favour for use in the Clients website will remain the property of Marketing Favour; at its discretion, Marketing Favour will grant the Client rights to use such material in formats other than website use upon written permission to the client. The client is not permitted to use any custom artwork, graphic design or other properties provided by Marketing Favour in the event the client stops paying their agreed payments as set out upon their first order. Marketing Favour may, from time to time, engage third party designers or use Royalty Free stock images; where such third-party designs or images are used Marketing Favour will obtain a single-use licence for use on the website which cannot be used on any other marketing material other than the website under any circumstances. A separate agreement must be entered into, in the event that the Client wishes to obtain all rights for custom artwork or graphic logos designed by Marketing Favour or any third party designers. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Marketing Favour permission and rights for use of the same and agrees to indemnify and hold harmless Marketing Favour from any and all claims resulting from the Clients negligence or inability to obtain proper copyright permissions. Every contract for Web site design and/or placement shall be regarded as a guarantee by the Client to Marketing Favour that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. For any accounts that remain unpaid, the copyright of website designs and associated items is owned by Marketing Favour. The admin area software is copyright of Marketing Favour and the client is granted a perpetual licence to use the software for the lifetime of the website/service. The admin area software cannot be re-sold, modified or re-branded without the prior written consent of Marketing Favour. There may be elements in the website that are provided by 3rd party providers who own the copyright of those elements.
Website Content
You are permitted to upload, store, publish, display and distribute text, images and videos through our services. This includes any content added by you or users of your website. You agree that in use of our services you hold the right to post the content on your website.
The client holds full rights to all content and no rights are held by Marketing Favour.
Standard Media Delivery
Unless otherwise specified in the project brief and/or client meeting, this Agreement assumes that all text will be provided by the client in electronic format (ASCII text files delivered on CD-ROM or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high-quality print suitable for scanning or electronically in .gif, .jpeg or. tiff format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media or outside facility charges. Although every reasonable attempt shall be made by Marketing Favour to return to the Client any images or printed material provided for use in the creation of the client’s Web site, such return cannot be guaranteed.
Right To Pull
By agreeing to this Agreement, the Client agrees to give Marketing Favour “on-demand” access to the clients installed Web site and further agrees that Marketing Favour shall have the right to remove that site from public posting for failure to adhere to the terms of this Agreement, including violation of any licensing agreements or failure to pay fees duly assessed.
Post-Placement Alterations
Marketing Favour cannot accept responsibility for any alterations caused by a third party occurring to the Clients pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions. Any work done by Marketing Favour to correct such third party actions or alterations will be charged for, whether the website is within warranty or not.
Design
It is the responsibility of the Client to approve the design of a website/graphic/logo/artwork provided by Marketing Favour. Once the Client has approved a design, it becomes the legal responsibility of that Client. Marketing Favour cannot be held responsible for any similarities or infringement of copyright to any other website if the design has been approved by the Client. It is, therefore, the responsibility of the Client to ensure the design they approve is not similar to competitors or other business websites and Marketing Favour cannot be held responsible in any way for damages or loss of earnings or any other loss or legal action if similarities are found after the approval is received from the Client to Marketing Favour.
Design Credit
A link to Marketing Favour will appear in either small type or by a small graphic at the bottom of the primary “home” page of the Clients Web site. If a graphic is used, it will be designed to fit in with the overall site design.
Website Transfer
In some circumstances, Marketing Favour can transfer your website from your old host. You may be eligible to receive a free transfer within thirty (30) days of account activation depending on the type and size of your website. Outside of the initial thirty (30) day timeframe, please contact Marketing Favour to receive a quote to transfer your website. Marketing Favour is not responsible for any loss of data during the transfer. It is your responsibility to maintain a current backup of your website including content and data at all times.
If the client wishes to transfer the website that was designed/built by Marketing Favour to another hosting provider or to use the website for other reason, they may do so with written permission and approval to Marketing Favour and agree to pay a transfer fee which will be confirmed upon receiving the request. Under no circumstances can the website be moved without permission, this will be an infringement of these terms and conditions and may result in legal proceedings.
Search Engine Submission
Marketing Favour cannot accept responsibility or liability for Clients web sites not being listed or ranked by any Search Engines. The structure of the website will be optimised for search engine recognition and ranking at time of order and loading live. If You, the client, make any changes to the structure, we take no responsibility of the effect such changes can have on the search engine recognition and ranking of the website. You have total responsibility for entering and editing the ‘Page title’, ‘Meta keywords’, ‘Meta description’, ‘Menu links’ and the actual content of the web page, using the tools that we provide for each page / product You create in the website. We cannot guarantee You will be listed in any search engines. It is the responsibility of the Client to market their new website, add their new web site to directories and promote their web site both off and online. It is also the responsibility of the Client to ensure that the content of their web site reflects and includes the keywords and phrases for which they wish to be found in search engines. At no point do we guarantee your website will be found in search engines as we have no control over these.Clients15. Account Eligibility
By purchasing services you agree you are eighteen (18) years of age or older as the services provided are solely intended for users eighteen years of age or older. Any registration or use of the account by anyone under the age of eighteen (18) is in violation of this agreement.
If the provided service is used by another party on behalf of the client, as the other party you agree to be bound to this Agreement and to use the service responsibility as intended by the Client.
Website Database Back-up Service
By default Marketing Favour do not back up Clients data or web site files unless specified and is not responsible for the backup of any files on its servers. Should data be erased due to hardware failure or any other reason, we will not be responsible for any resulting financial loss whatsoever. However, as a separate service Marketing Favour can offer a scheduled back-up service of the Clients web site database and uploaded files folder. The back-up service will run at a scheduled time once a week (unless a different schedule is specifically requested). The backed-up files will remain on the Marketing Favour servers, the Client may request a copy of the files at any time.
Account Information
We will reach out to you in the event there is a problem or issue with your account that requires your attention. It is your responsibility to keep your contact information up-to-date. Marketing Favour cannot be held responsible for your inaccurate or out-of-date information.
Account Usage
You are responsible for any and all use on your account. It is your responsibility to keep your account confidential.
In the event of non-payment, the Client is not permitted to use the website in any manner.
Accounts cannot be used to host websites not owned by the Client. The Client does not have the right to resell any portion of the account.
Server Security
Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
Website Admin Area Security
Your new Marketing Favour website may come with a secure online admin area (or control panel). It is solely the Clients responsibility to change the default username and password as soon as they are given access to the website. Failure to change the default username and password may allow unwanted access to your admin area which may cause loss or corruption of data for which Marketing Favour is not responsible.
Indemnification
Both Client and Marketing Favour agree to defend each party against any third-party claim or suit alleging and breach in accordance with these terms and conditions. The client shall indemnify for all losses, damages and liabilities including all reasonable expenses incurred by the Marketing Favour as a result of the claim. Marketing Favour shall also indemnify the Client for all losses, damages and liabilities including all reasonable expenses incurred by the Client as a result of the claim.
Disclaimer
Marketing Favour makes no warranties of any kind, whether express or implied, for the services it provides. Marketing Favour also disclaims any warranty of merchantability or fitness for a particular purpose. Marketing Favour will not be responsible for any direct, indirect or consequential damages, which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. The Client acknowledges and agrees that Marketing Favour cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control. Furthermore, Marketing Favour does not guarantee the success of the Client online business, it is the responsibility of the Client to research, market and develop a strategy for their online business.
Marketing Favour does provide back-up services at an additional fee to assist the Client with the back-up of data if desired.
Marketing Favour works hard to maintain all equipment associated with the service so it performs optimally, however, as with all technology on occasion there may be disruptions of service. In the event of service failure, Marketing Favour is limited to damages of the pro-rata monthly charge during the time of service interruption.
Client Support
Marketing Favour provides support through the email helpdesk and by phone. You can expect a response within 24 hours and you should expect a response during standard business hours. Phone support is available on our premium packages and is available for an additional fee on basic packages.
Censorship
Marketing Favour will exercise no control whatsoever over the content of the information passing through the network, email or web site. The Client agrees to only store information on their account in agreement with the terms and conditions. Marketing Favour does not monitor the data on any website and the Client is solely responsible for any sensitive information displayed or submitted on the website.
The Company has the right to remove any portion of a website to take corrective action at the sole discretion of Marketing Favour. Marketing Favour also has the right to suspend or terminate services without a refund if the Client is found to be in violation of the terms and conditions. The Company does not hold any liability for any corrective action that was required to be taken.
Marketing Favour has the right to refuse any subject matter it deems inappropriate.
Permissions and Releases
The Client agrees to indemnify and hold harmless the Service Company against any and all claims, costs, and expenses, including legal fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to permission or release.
eCommerce websites using
3rd party payment software
If your website is to be integrated with a 3rd party payment software, please note that for 3rd party payment software transactions, Marketing Favour cannot guarantee to return the Clients to your website. If the Clients closes their browser mid-way through a transaction, or if something goes wrong at any redirect stage, it will be up to you to check the status of the transactions on 3rd party payment software reporting screens.
Responsive Website Design
Responsiveness is aimed at mobile phone devices (i.e. smartphones) that are on the market at the time your website is designed and built – not necessarily every “non-desktop” device.
General
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted, save only for any exceptions specifically outlined in the project brief. The Clients online agreement on orders constitutes agreement to and acceptance of these Terms and Conditions. Marketing Favour reserves the right to change the terms and conditions of the acceptance of future orders for authoring and placement of the Clients pages.
Transfer of Agreement
The client may not assign or transfer this Agreement. In the event that the Client assumes a new owner due to the sale of the company or any other reason, the Client shall notify Marketing Favour in writing at least 30 days prior to the effective date.
Finders Fees
For companies and individuals that refer work to us, a finders fee or commission may be given, upon our discretion. Finders fees are dependent on the type of service provided.
Third-Party Products and Services
Marketing Favour may provide referrals to third-party products and services. It is the Client’s responsibility to confirm the terms and conditions of the third party products and services as Marketing Favour is not an agent or representative of any kind of any third party. Marketing Favour is also not responsible for any content displayed on third-party websites.
Limitation of Liability
The liability of the Marketing Favour shall not exceed the amount paid by the client during the 3 months prior to the date of the claim. Marketing Favour is not liable for any loss of use, data or interruption in business or service whether the cause was direct or indirect.
Governing Law
This Agreement shall be governed by the laws of the England and the United Kingdom, which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement. This Agreement is void where prohibited by law. I have read and understood the Terms and Conditions for services provided by Marketing Favour, and agree to abide by them.
33. Contact
If you need to contact Marketing Favour please email contact@marektingfavour.co.uk