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TMAX Media is a producer of made-to-order multimedia and video material and also a publisher and distributor of ready made multimedia, video and other materials. Our terms of business for made-to-order productions may vary with the nature and content of the production, but the principal standard terms are that: * All sites must conform to UK Law, whether designed for UK usage or not. * The web sites created by TMAX Media are done at the direction of the Client, and are based on information provided by the Client. The sole responsibility for the site content resides with the Client. TMAX Media cannot and will not be held responsible for any misinformation on any web site which it develops or maintains. * TMAX Media cannot and will not be held responsible for any copyright infringement whether intentional or not. Any site content that breaches this will be removed immediately upon discovery. * TMAX Media reserves the right to terminate any agreement if it considers that these terms and conditions have been breached. * TMAX Media adheres to the Data Protection Act 1998 and any Client information supplied will NOT be divulged to any third party, under any circumstances. * Technical Support includes all site fault-fixing – ensuring the site is working 100% all the time. * Content Management involves changes to the content of the site at the request of the Client. Major enhancements can be quoted for separately. * All digital images created or supplied by TMAX Media remain copyright of TMAX Media at all times unless written permission has been given by TMAX Media for their usage. * TMAX Media cannot guarantee that any Search Engine will index or list any web pages or sites submitted to them by TMAX Media. However, we will do our utmost to ensure that the site is optimised to increase the speed with which it appears on search engine databases. * All quotations will be valid for 30 days from the date of the quotation. * Should a Client request additional services or content not in the original specification as agreed at the start of the contract, TMAX Media reserve the right to charge for this additional work, but will if possible advise the Client of any additional costs before these are incurred. * TMAX Media reserves the right to delete any web site that has not been paid for in full. * TMAX Media accepts no liability for delays to the project caused by factors outside their control, including failure by the Client or other parties to supply facilities or other resources when scheduled, or failure to approve script or other content when requested. * Once the design of the Website has been approved by the Client, any changes to the design and subsequent build of the site required by the Client will be subject to additional charges at TMAX Media’s prevailing hourly rate. * Once the copy has been received and implemented within the Website, any changes to the copy required by the Client and which cannot be made by the Client itself will be subject to additional charges at TMAX Media’s prevailing hourly rate. * Once any variable materials on the site have been received and implemented within the Website including but not limited to email addresses and items for drop-down lists, any changes to the materials required by the Client and which cannot be made by the Client itself will be subject to additional charges at TMAX Media's prevailing hourly rate. * TMAX Media reserves the right to charge for rectifying any damage caused wilfully or otherwise by the Client to the Software and/or Website. * TMAX Media reserves the right to charge for consultancy time and expenses if required to participate in meetings with the Client and/or third parties outside the contract between the two parties provided that any such expenses shall only be payable if agreed in advance by the Client in writing. Payment Terms Web Site Development / Email / Domains / Hosting fees: * TMAX Media reserve the right to charge for work in instalments, for example 20% with acceptance of quote, 30% on completion of development, 50% on completion of the whole contract. The balance is payable immediately after to the site going live on the Web. All deposits are non refundable once payment has been made. * Full payment of the balance must be made within 14 days of the invoice date. Failure to do so may result in any development work being deleted permanently. * Non-payment of invoices 14 days after the due date may result in services being suspended until full payment has been received. * All payments are calculated exclusive of VAT and will bear VAT at the applicable rate. Without prejudice to any other rights or remedies available to the Company, the Company reserves the right to charge interest on undisputed invoices unpaid within 14 days of the date of receipt of invoice. A rate of 4% above Barclays base lending rate (or such other rate as may substitute the same) will apply calculated on a day-to-day basis on the outstanding amount (both before and after any judgement) as from the time of the invoice until the outstanding amount is paid in full. * These terms, conditions and prices may be updated from time to time and any such variation will be published on our web site with immediate effect. General Points Common to all Contracts * The contracts for all materials, goods or services provided by TMAX Media are made under the laws of England and Wales and any dispute shall be resolved through the courts of England and Wales and no other country or territory. * Multimedia material and other software will be checked with up-to-date anti-virus software, but can never be guaranteed to be 100% free of viral and other agents. Customers are strongly advised to virus check all materials before running them. * It is the customer’s responsibility to see that the material is technically suitable for the equipment, network, software or other resource with which it is to be used, and in the case of a made-to-order project to provide TMAX Media with a technical specification on which to base the production.
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