General Terms and Conditions

The following terms and conditions apply to all Website Development, Design, SEO and Maintenance services (collectively, “Services”) provided by Media Design Labs Limited (the “Company”), a limited company incorporated under the laws of Hong Kong, to the Client (the “Client”).

ACCEPTANCE
1. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
2. 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.
CHARGES (CONTRACT PRICE)
1. Charges for services to be provided by the Company are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 14 days. the Company reserves the right to alter or decline to provide a quotation after expiry of the 14 days.
2. Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review, with the remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials such as passwords.
3. Services of one hundred GBP (GBP100.00) or less, require a payment of one hundred percent (100%) of the project quotation total before the work commences.
4. Payment for services is due by Electronic bank transfer, Paypal or Online Credit Card. Bank details will be made available on invoices.
5. We may be required to collect taxes on the Services. Taxes (excluding taxes on our income) will be added to the Fees and you agree to pay them, unless you provide us with a valid tax exemption certificate. If you elect to pay via credit transfer then you are responsible for any transfer fees, which will be automatically added to the Fees.
CLIENT REVIEW
1. The Company will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies the Company otherwise within ten (10) days of the date the materials are made available to the Client.
TURNAROUND TIME AND CONTENT CONTROL
1. The Company will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon the Company receiving initial payment, unless a delay is specifically requested by the Client and agreed by the Company.
2. In return, the Client agrees to delegate a single individual as a primary contact to aid the Company with progressing the commission in a satisfactory and expedient manner.
3. During the project, the Company will require the Client to provide website content; text, images, movies and sound files.
FAILURE TO PROVIDE REQUIRED WEBSITE CONTENT:
1. The Company is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
2. This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
3. If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. All the above condition says is do not give us the go ahead to start until you are ready to do so.
4. NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
5. Using the delivered content management system you are able to keep your content up to date yourself.

PAYMENT (TERMS OF PAYMENT BY PURCHASER)

1. Invoices will be provided by the Company upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (14) days after the date of the invoice will be assessed a service charge in the amount of ten percent (10%) of the total amount due.
ADDITIONAL EXPENSES
1. Client agrees to reimburse the Company for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
WEB BROWSERS
1. The Company makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that the Company cannot guarantee correct functionality with all browser software across different operating systems.
2. The Company cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, the Company reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
REFUNDS POLICY FOR DESIGN, DEVELOPMENT AND SEO SERVICES
1. All Website Design, Development, Search Engine Optimisation, Internet Marketing and Social Media Optimisation services sales are final and is non-refundable.
REFUNDS POLICY FOR MAINTENANCE SERVICES
1. The Company shall not be compelled to issue a refund, pro-rated or otherwise for any reason. The Company reserves the right to issue a refund on a case-by-case basis at the Company’s sole discretion.
PRIVACY POLICY
1. The Company take your privacy seriously and will take all measures to protect the Client’s information.
2. Any personal information received will only be used to fill the Services. The Company will not sell or redistribute the Client’s information to anyone.
DEFAULTS
1. Accounts unpaid fourteen (14) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on the Company’s Web space, the Company will, at its discretion, remove all such material from its web space. The Company is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay the Company reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by the Company in enforcing these Terms and Conditions.
TERMINATION (FOR DEFAULT / FOR CONVENIENCE)
1. Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full fourteen (14) days.
INDEMNITY
1. All Services may be used for lawful purposes only. You agree to indemnify and hold the Company harmless from any claims resulting from your use of our service that damages you or any other party.
COPYRIGHT
1. The Client retains the copyright to data, files and graphic logos provided by the Client, and grants the Company the rights to publish and use such material. 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 the Company permission and rights for use of the same and agrees to indemnify and hold harmless the Company from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to the Company that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
STANDARD MEDIA DELIVERY
1. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (via e-mail, Dropbox or Google drive) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by the Company to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
DESIGN CREDIT
1. The Client agrees that the website developed for the Client may be presented in the Company’s portfolio.
ACCESS REQUIREMENTS
1. If the Client’s website is to be installed on a third-party server, the Company must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
POST-PLACEMENT ALTERATIONS
1. The Company cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
DOMAIN NAMES
1. The Company may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of The Company. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
CHANGES TO SERVICE
1. Any changes to the Services during the Term of this Agreement will result in a new Service Order and new agreement. Any unused payments under this Agreement shall be credited toward the new agreement.
GENERAL
1. These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
GOVERNING LAW
1. This Agreement shall be governed by courts in Hong Kong S.A.R. and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
LIABILITY
1. The Company hereby excludes itself, its Employees and or Agents from all and any liability from:
2. Loss or damage caused by any inaccuracy;
3. Loss or damage caused by omission;
4. Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
5. Loss or damage to client’s’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
6. The Company does not warrant that the functions contained in any content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits content to you are free of viruses or any other harmful components; and
7. The entire liability of the Company to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

SEVERABILITY

In the event any one or more of the provisions of this Agreement 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.

Last Updated: 28 April, 2017