Please read these Terms & Conditions carefully. By requesting Media 3 to work on a project you are confirming that you are in agreement with and bound by these Trading Terms & Conditions.
Please note separate Terms & Conditions apply in relation to the use of our website
Trading with us - our terms & conditions
Definitions: ‘Media 3' and 'the Company' including the ‘Media 3 Group’ means the organisation which has an office at 7 Vectis Road, Alverstoke, Gosport PO12 2QD (its approved consultants, sub-contractors, representatives and any other third parties).
‘Client' means any person, company, partnership, organisation or body and any individual(s) representing that person, company, partnership, organisation or body (including third parties), at whose application and upon completion of an Order Form, Media 3 agrees to undertake a project.
‘Project’ is any work undertaken or service provided by Media 3 for the Client on their request. All projects are confirmed by the client in an Order Form which is supplied after a price estimate/quotation has been agreed between the Client and Media 3
‘Order Form means the document signed by the Client or Client's representative(s) and returned to Media 3, giving Media 3 the authority to commence the project to which these terms & conditions will apply.
Scope: These Terms & Conditions shall apply to any and all projects and services provided by Media 3 at the request of the Client.
Price: is based on the written and/or verbal brief/specification supplied by the Client and agreed between the Client and Media 3, and covers the estimated price for producing the project as detailed.
Prices are subject to amendment at any time after acceptance in the event of any changes or variation in the specification required by the Client, or if there is any variation in the cost of materials, labour, transport, supplier's charges/costs or other overheads (including any variations in foreign exchange rates).
The Company reserves the right to revise the Estimates/Budgets if not accepted within 14 days of submission.
The Client will normally be advised in writing and/or by email of any such increase in price at the time this is known to Media 3 and prior to delivery of the project.
Expenses: Where expenses are included in Estimates/Budgets, these are at the rates normally shown in Media 3's Scale of Charges. The amount of expenses finally charged may rise or fall depending upon the amounts that have been incurred.
Commencement of work on the project and Order Form: Work cannot begin until the Client has completed an Order Form which has been signed and returned to the Company.
After a client has completed an Order Form for the first project to be undertaken, subsequent projects undertaken by the Company for the Client will be considered to be covered by the authority and acceptances which have been given by the Company and accepted by the Client in that first Order Form.
The Company may, at its discretion, ask the Client to complete a new Order Form for some or all of any subsequent projects. Any new order Form must be completed, signed and returned to the Company before any subsequent projects can commence.
Timescales: The Client agrees to make available to the Company as soon as is reasonably possible, all materials required to complete the project to the agreed specification and the anticipated price and within the targeted timescale for completion.
Time is not of the essence of the agreement between Media 3 and the Client but Media 3 undertakes to use its reasonable endeavours to execute orders and to effect delivery in a reasonable time and by the date(s) estimated.
Any time or date(s) given by the Company for completion of the project is an estimate only and the Company shall not be liable for the consequences of any delay to this completion or part-provision.
Furthermore, the Company shall be entitled to give a new time or date for completion of the project where the Client changes the required specification for the project.
Development work: Where Media 3 carries out development work on a project, for example preparing initial design concepts, conducting research or completing reports, a charge will be levied at our usual daily rates unless otherwise agreed in writing.
Artwork: will be produced and budgeted to 'finished' stage unless otherwise agreed.
Proofs: of relevant work (provided on paper or electronically) will be submitted for the Client's approval and the Company shall incur no liability for any errors not corrected by the Client in proofs so submitted.
The Client must return proofs, duly signed (acknowledgment by returned email will be regarded as signed approval), to indicate they have read and approved all copy. Client's alterations and additional proofs necessitated thereby may be charged extra.
When style, type or layout is left to the judgement of the Company, first changes therefrom will not be charged for. Changes thereafter first changes may be charged.
Property risk: Client's property and all property supplied to the Company by or on behalf of the Client shall, while it is in the possession of the Company or is in transit to or from the Client, be deemed to be at Client's risk, and the Client should insure accordingly. No responsibility will be accepted by the Company for the loss of any materials whatever their value.
Standing materials: Film, metal, glass and other materials, including magnetic media owned and used by the Company in the production of type, plates, moulds, stereotypes, electrotypes, typesetting, negatives, positives, bromides and the like, shall remain the Company's exclusive property. Such items when supplied by the customer shall remain the customer's property.
Materials supplied by the Client: Media 3 may reject any materials supplied or specified by the Client which appears to the Company to be unsuitable for the purpose for which they are submitted.
During production, any additional costs incurred if materials are found to be unsuitable will be charged. Where materials are so supplied or specified, Media 3 will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Liability: Media 3 will not be liable for any costs incurred, compensation, consequential loss or loss of income and/or earnings for any:
• Failure to meet any agreed/estimated project delivery timescales regardless of whether or not Media 3 is responsible for the failure and however the failure was caused.
• Errors in copy text supplied to or originated by Media 3 including company registration and VAT numbers, telephone, facsimile or telex numbers, email addresses, Worldwide Web page addresses, postal addresses or postal codes.
Illegal, libellous, offensive or controversial matter: Media 3 shall not be required to include any matter on which is or may be of an illegal, libellous, offensive, or controversial nature, or an infringement of the proprietary or other rights of any third party.
Indemnity: The Company shall be indemnified by the Client in respect of any claims, costs and expenses arising from any illegal, libellous, offensive or controversial matter or any infringement of copyright, patent, design, or of any other proprietary or personal rights contained in the project produced for the Client by Media 3.
The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claims in cases of matter being so displayed.
Copyright: will be retained by the Company but on completion of the project and full payment, restricted copyright may be available at the client's written request. Such requests will be acknowledged and confirmed in writing by Media 3 and are subject to a charge being made.
Payment: is due immediately upon receipt of invoices unless the payment terms of each invoice state otherwise.
All cheques shall be payable to Media 3. In the event of a cheque not being honoured on presentation for whatever reason, Media 3 reserves the right to charge an administration fee of £35 plus VAT for each presentation and re-presentation of the cheque.
Payment in cash is acceptable and a cash receipt will be issued at the time.
Media 3 will also accept payment by BACS or internet transfer.
Payment by credit card will be accepted. Payment via PayPal will incur additional charges to the invoice total which must be paid by the Client at the time the payment is made.
Should work on a project be suspended or cancelled at the request of or delayed through any default of the Client for a period of 14 days, the Company shall then be immediately entitled to payment for all work carried out to date, and for materials used or purchased for intended use in the project, and for any other additional costs.
A payment in advance will be required if it is necessary for Media 3 to use the services of or make purchases from other suppliers/companies.
New clients must pay 50% of project costs in advance. Thereafter normal payment terms apply.
All materials/images/designs/created by Media 3 for the project remain the property of the Company until payment is made in full. Such items when supplied by the Client shall remain the Client's property.
Whilst any payment remains outstanding, and Media 3 has not been contacted regarding delay of any outstanding payment, Media 3 shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under these Terms & Conditions.
If accounts remain unpaid for a period 30 days, our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons. Such cases may be referred to the Small Claims Court to pursue payment.
Non payment can result in County Court Judgements (CCJs) being added to the Client's credit rating.
Please note that if our Solicitor contacts a Client about overdue payment, the Client will be liable to pay for all costs that our Solicitor incurs in making such contact and any additional costs incurred or associated with this matter such as costs for a court summons, the Small Claims Court and County Court Judgements (CCJs).
VAT: is not included in the price or estimate of cost and will be charged at the appropriate rate ruling at the time of supply and where required. Our VAT no. is 582 9587 80.
Exchange Rate: All estimate / quotation prices are in GB £ (pounds). Goods and services supplied from other countries will be calculated at the prevailing current rate of the Euro or other currency at the time of purchase or supply, whichever is the sooner. Media 3 reserves the right to pass on to the client any and all exchange rate fluctuations at the date payment is made or received
Title: to the goods shall not pass to the Client until full payment is made of all invoices submitted.
Our right to cancel the contract: The Company reserves the right to cancel any agreement (whether written or verbal) to produce the project due to abusive, threatening, aggressive and/or unreasonable behaviour or demands by a Client and/or related party at any stage of the relationship with said Client or related party. Such cancellation by the Company will be final and non-negotiable and the Company may, at its discretion, refund any payments received from the Client. The Company reserve the right to refrain from giving warning and issuing an immediate cancellation based upon the severity of the Client and/or related parties' behaviour.
Client Obligation: It is the Client's obligation and responsibility to be aware of, and adhere to, any and all Laws, Regulations, Directives or Requirements pertaining to the provision of information, services or products over the internet.
Media 3 is not responsible, liable or in any way to be considered as accountable for any failings of the Client in their knowledge or conduct pertaining to such matters.
Delivery: Will be made to the address set out on the estimate given to the customer. A charge will be made for delivery to this, different or several addresses and for the use of any courier service.
Informal Complaints Procedure: anyone who experiences a problem with the project produced/supplied by Media 3 or an employee (employed, contracted, representative or otherwise conducting business on behalf of Media 3) , should raise the matter directly by phone or email to Media 3. Full information should be given, sufficient enough to locate or identify the problem and clearly outlining the grounds for complaint.
As soon as possible, Media 3 will then attempt to resolve the matter to the satisfaction of the complainant.
Formal complaints procedure: should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal complaints procedure.
A formal complaint should be made in writing to Media 3 who will acknowledge receipt in writing (or by email) and ensure that the matter is looked into immediately.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and thereafter any subsequent remedy implemented with the minimum of delay.
‘At fault': In the case of all complaints (whether made through the Informal or Formal complaints procedure) where it is found that Media 3 is ‘at fault', no charge will be made to resolve the complaint.
However, if Media 3 believes it is not ‘at fault', the complainant will be charged for any time or costs involved in resolving the complaint. Where a complainant is charged for resolution of the matter, all the Terms & Conditions' set out in this document apply to payment for work done and costs incurred to successfully resolve the complaint.
Law: These Terms & Conditions and all other terms of agreement shall be governed and construed in accordance with the laws of England, the United Kingdom and the European Union. In cases of conflicting laws, requirements or legislation, those of England take priority, followed by the UK then the EU.
Variance: In the case of any variance between statements contained in our Order Form and these Terms & Conditions, the statements in the Order Form form shall be regarded as void if they are in conflict with our Terms & Conditions shown here.
Severability: In the event that any one or more of the provisions of these Terms & Conditions and the Order Form shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
Revision of these Terms & Condition: may take place from time to time but Clients do not have to accept any subsequent changes made to the Terms & Conditions they or their representative(s) signed at the commencement of the project by Media 3.
However, any subsequent new projects undertaken by Media 3 will be governed by the most up to date Terms & Conditions published on this website (www.media3.co.uk) whether or not they have been duly signed by the Client or the Client's authorised representative.