Terms & Conditions
Please read both sets of Terms & Conditions carefully. By requesting Media 3 to service(s) and/or product(s) or by viewing this website, you confirm that you are in agreement with and bound by all of these Terms & Conditions.
Terms & Conditions relating to Trading with Us
Definitions:
In this agreement the terms have the following meanings: ‘Media 3' and 'the Company' 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) and Media 3 Ltd. whose registered office is at 6 Church Road, Alverstoke, Gosport PO12 2LB.
‘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 ATP (Authority to Proceed) form, Media 3 supply service(s) and/or product(s)
'Service(s) and/or product(s)' means the range of work and types of work detailed on this website and may also be referred to as ‘the work'.
‘Authority to Proceed (ATP): means the document signed by the Client or Client's representative(s) and returned to Media 3, giving Media 3 the authority to commence work supplying service(s) and/or product(s) to which these conditions will apply.
Scope: These Terms & Conditions shall apply to any and all service(s) and/or product(s) requested by the Client to be provided by Media 3.
Estimate of cost: 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/supplying the service(s) or product(s) as described therein. The Company reserves the right to revise the estimate of cost if it is not accepted within 14 days of submission.
Price: may be increased by the Company at any time before delivery of the service(s) and/or product(s) 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 or other overheads (including any variations in foreign exchange rates relevant to the provision of the service(s) and/or product(s).
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 service(s) and/or product(s).
Timescales: The Client agrees to make available to the Company as soon as is reasonably possible, all materials required to complete the work 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 work or for part-provision of some of the work 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 work where the Client changes the required specification for the work.
Liability: Media 3 will not be liable for any costs incurred, compensation, consequential loss or loss of earnings for any:
Failure to meet any agreed/estimated 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.
Proofs: of relevant work (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.
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.
Illegal, libellous, offensive or controversial matter: Media 3 shall not be required to include any matter on websites it produces or hosts 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 work 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.
The Company reserves the right to terminate the work should the necessity arise.
Copyright: of the work will remain with Media 3 unless otherwise agreed with the Client.
Payment: is due immediately upon receipt of invoices unless the payment terms of each invoice state otherwise.
Should work 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 work, and for any other additional costs.
All materials/images/designs/copywriting created by Media 3 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.
Title: to the goods shall not pass to the Client until full payment is made of all invoices submitted.
Variance: In the case of any variance between statements contained in our Authority to Proceed (ATP) form and these Terms & Conditions, the statements in the ATP form shall be regarded as void if they are in conflict with our Terms & Conditions shown here.
Informal Complaints Procedure: anyone who experiences a problem with Media 3 or its work or with 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.
Severability: In the event that any one or more of the provisions of this document and the Authority to Proceed (ATP) 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 & Conditions: 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 production of the work.
However, any subsequent new work 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.
The above document was last revised on 25th October 2007.
Terms and conditions relating to Usage of our Website
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Media 3 relationship with you in relation to this website.
The term Media 3 or "us" or "we" refers to the owner of the website whose office is at 7 Vectis Road, Alverstoke, Gosport, Hampshire PO12 2QDddress . The term "you" refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without Media 3 prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
This document was last revised on 26th October 2007.