Terms & conditions
By accepting an estimate, quote, or by placing an order with SMB Media, you confirm that you are in agreement with and bound by the ‘Terms and Conditions’ stated below. For the purposes of these Terms and Conditions, the company or individual requesting the services of SMB Media shall be known as ‘the client’. The website or marketing material produced by SMB Media for the client will be known as ‘the Website’. Any print or print artwork material produced by SMB Media for the client will be known as 'printed material'.
SMB Media will only commence work once an order has been placed by either via our automated website ordering process, via phone, email or in writing. In most circumstances SMB Media will not begin work on the website until a deposit of 50% of the balance has been made. Occasionally SMB Media will work with the client to decide on a more suitable payment schedule, particularly on larger projects. Regardless of any agreement between SMB Media and the client, any deposit for the website is non-refundable. In some circumstances we may be able to offer a refund or part refund, however this is assessed by SMB Media on a case for case basis and is dependent on how much work has been carried out prior to cancellation of the project, or how many working days or hours SMB Media loses due to your cancellation.
An ‘order’ is deemed to be a verbal or written contract between SMB Media and the Client including telephone and email agreement. Invoices will be generated and issued electronically and sent by email to the Client - invoices can also be accessed and downloaded via your client area. Our preferred method of payment is Bank Transfer, and the details of our account will be included on all invoices.
For domain registrations or Web Hosting (paid monthly) we accept PayPal - for any Web Hosting (paid yearly or bi-annually), design, development, marketing or print services, payment must be made via Bank Transfer.
We accept no legal liability for loss or damage caused by any work carried out by SMB Media.
All quotations & Estimates are valid for a period of 30 days only.
These Terms and Conditions were last updated on 2nd October, 2010, and supersede all previous agreements or understandings. Sign-up to our client area, Acceptance of a quotation, estimate or invoice constitutes agreement and full acceptance of these Terms and Conditions. The most up-to-date version of these Terms and Conditions will always be available on this website and you should check regularly for changes.
Design work will be provided to the client for approval and ‘sign-off’. As will details of required pages and functionality. The creation of the website code and functionality will only begin after client sign-off for these elements. Any significant changes to the design or website structure and functionality will be subject to an additional charge, to be agreed with the client at this point. No further work will be conducted until the client has agreed the extra cost and scope of work.
All agreed materials to be supplied to SMB Media must be in the following formats:
Text/copy must be provided in electronic format (ASCII text files via email or CD), preferably Microsoft Word.
Images/media must be provided in digital format – .jpg, .gif, .png, .psd, .ai, or bitmap formats for images.
SMB Media are not responsible for writing client copy (unless a copy-writing service is specifically purchased) or providing images (unless agreed under the project terms). We can provide web copy and source suitable images, but this will be at additional costs, to be agreed with the client before any such work will be undertaken.
SMB Media reserve the right to refuse to handle in any way, material which may be deemed obscene or pornographic, contains abusive or offensive language, anything that may be construed as threatening or defamatory or any material to which the Client has no rights. The Client must guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that they provide us for inclusion in the web site or marketing materials are either owned by the client or that they have permission to use them.
SMB Media cannot accept liability for any losses incurred due to failure or malfunction of the Website or any part of it.
Technology is ever-evolving and as such the frameworks of which SMB Media use (most commonly WordPress or vBulletin, alongside other custom, premium, or open-source plugins) may become unstable during website or marketing campaign updates or upgrades. SMB Media will make every effort to ensure that the Website and any scripts, apps, or programs associated with the website and/or marketing campaign are error-free prior to releasing them into a production environment.
SMB Media may notify the client of additional work being required due to incompatibility issues or security concerns surrounding third party applications or content management systems. If additional work is to be carried out to rectify such issues, additional costs may occur; in this case SMB Media will notify the client prior to carrying out any additional work which has not been prior-agreed between SMB Media and the client.
Because of SMB Media's ongoing commitment to maintaining stable applications, from time to time development or deployment delays may occur. SMB Media maintains the right to withhold a website and/or marketing campaign launch if we do not feel it is stable or secure enough to be used in a production environment. SMB Media expresses the right to do so at their own discretion; though particularly if it may result in a user data leak, leave user's data potentially insecure (refer to the data protection act), or if it risks resulting in a loss of earnings for the client.
Any code written by SMB Media remains the copyright of SMB Media (unless prior agreement is made and may only be reproduced or reused commercially with the permission of SMB Media. SMB Media accept no responsibility for copyright infringements caused by materials used and submitted to us by the Client. SMB Media reserve the right to refuse any material that it believes to contravene copyright laws unless proof is given that permission has been granted to use the material. It is the responsibility of the client to provide all agreed materials as agreed verbally or in writing. Any significant delays caused due to the failure of the client to provide agreed materials may be chargeable. It is not the responsibility of SMB Media to create copy, images or other materials for the client unless explicitly agreed in the quotation or subsequent communication. Supplied materials should be in agreed format – if extra time required to crop/optimize images this will be chargeable (at agreed hourly rate) unless this is expressly outlined in the original quote. If SMB Media have to source image, design, logo or icon materials for the creation of a client website, the cost of the materials is chargeable at the cost incurred, unless the cost of the materials is explicitly outlined in any quotation or invoice.
SMB Media will not be liable for costs incurred; compensation or loss of earnings due to the failure to meet agreed deadlines, but every effort will be made to ensure all agreed deadlines are met and every effort will be made to inform the Client if a deadline will be missed.
SMB Media will not be liable or become involved in any disputes between the Website owner and any other party and cannot be held responsible for any unlawful behavior or other wrongdoing by the Website owner.
Providing the client is covered by our ongoing paid maintenance program; SMB Media will endeavor to maintain the Website in a fully operational condition without errors.
SMB Media cannot always guarantee that this will be the case and as such cannot accept liability for any defects which may exist, economic losses (including revenues and profits), loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to the use of the website or their inability to access the website.
SMB Media cannot be held responsible for issues relating to software bugs in supplied open source or paid-for software solutions. Whilst SMB Media will endeavor to find solutions for such issues, this cannot be guaranteed and may be chargeable if significant time is required to provide the solution. Such bugs are not covered by any SMB Media Maintenance package and it remains at our discretion as to whether we endeavor to find a solution for such issues. If SMB Media do agree to addressing such bugs, paid or otherwise, we reserve the right to allow sufficient time to carry out the work. This may result in a delay with the development or deployment of your website.
Similarly SMB Media cannot be held responsible for issues relating to software upgrades, plugins, modules or any other additional software packages requested by the client. Issues relating to email, including lost emails, cannot be considered the responsibility of SMB Media . The client must create local copies of emails that they consider to be commercially important or sensitive. If the client exceeds any agreed or set quotas resulting in lost data in full or in part, it is their responsibility.
SMB Media retains the copyright of all individual artwork, graphic design and website design created for a client project. Artwork, graphic design and website design created for a client project shall not be altered, retouched, damaged or reproduced in any other form by the client without the written permission of SMB Media, unless said copyright is purchased from SMB Media in a separate transaction. This does not apply if the artwork, graphic design and/or website design is supplied or designed by the client, or if a pre-agreement has been made between SMB Media and the client prior to commencement of the project.
All websites designed by SMB Media will show a link to the SMB Media website near the bottom of each webpage, unless otherwise agreed prior to commencement of the clients project. Removal of the link is only allowed with the express written permission of SMB Media, or after a nominal fee of £249 has been paid. SMB Media also reserve the right to include details of our work for clients on the SMB Media website, this can include screen shots of the clients’ website and links to the Client website, unless a specific agreement is made prior to commencement of the clients project. If any discussed and/or created wire-frames or images are subsequently used by the client, or a third party, without the express permission of SMB Media and without payment, we reserve the right to instigate legal action for damages and copyright infringement.
Agreement for the website to ‘go-live’ will constitute acceptance of all work and the balance owing will become payable immediately.
The client must provide feedback on work and provide details of issues, omissions or bugs within 10 working days of feedback requests or they will be deemed to have accepted the work and any monies owing will become immediately payable. After initial feedback any subsequent comments must relate to changes made in response to the initial feedback and must be made within 5 working days of notification of changes made.
Because SMB Media are required by our print partners to pay for printed material in advance, the client is required to pay for printed materials upfront and we operate on a no-refund policy (unless the printed material arrives damaged or 'not as described').
Artwork will never be sent to our printers until payment has been received in full from the client. SMB Media reserves the right to delay sending artwork to print if the client hasn't made payment in full.
SMB Media print pricing is subject to change on a daily basis and because the client is required to pay for printed material upfront, once an order has been placed and payment has been made by the client, the order can be put on hold for a length of time (thus allowing further artwork edits to be made), but the order cannot, under any circumstance be cancelled and/or refunded.
Refunds for printed material are only offered in the event of the printed material being reported as 'damaged' or 'not as described' within 3 working days of delivery. In the unlikely event your printed material is damaged or not as described, the client must contact us to obtain return shipping details (collection service provided by SMB Media and at the cost of SMB Media) and reference number. Refunds will usually be processed within 14 working days after receipt of the returned goods back to our printers, only after they have been inspected. Alternatively we can offer a replacement within 5 working days of the printed material being returned to us.
All printed material is shipped via courier and will require a signature upon delivery. If nobody is available to sign for the printed material at the delivery address on the day of delivery, a card (also known as a 'calling-card') will be left by the courier. The calling-card will advise the client of what they must do next (usually it advises the client to either collect it from their local depot, or phone or re-arrange a re-delivery via the couriers website). If no contact is made by the client within X days (usually 7-10 days, but varies from courier to courier), the courier may return the printed material to the sender (our printers). Re-delivery can be arranged providing the client covers the cost of re-delivery (this charge is calculated based on order dimensions and weight).
SMB Media reserve the right to withhold printed material from the client if there is a negative balance on the client account.
SMB Media reserve the right to require a first payment or ‘deposit’ of 50% of the agreed total costs before any work will be carried out. Once designed, a draft version of the Website(s) will be made live for testing and commenting by the Client. Once this basic design has been agreed to be suitable via email or in writing, any changes to the layout or general design may be chargeable.
For work of value less than £501, SMB Media reserves the right to invoice for full payment, and receive full payment of said invoice, before any work commences.
Any work conducted, or time spent advising or consulting with a client after a deposit invoice has been issued, at the clients agreement or request, will be chargeable at standard rates (£25/hr as of date of writing - 2nd October, 2010) if the client subsequently fails to pay the deposit and cancels the project.
Once work on the Website(s) has been completed the final balance of payment is then due in accordance with our terms of payment, stated on the initial estimate and/or each invoice. Upon completion, if the Client decides they no longer want the Website, or wish to make changes to the website, they are still obliged to pay for all work that has been done. i.e. if the site has been completed, all monies are now due for payment with no exception.
All accounts are payable net 4 days (unless other prior arrangement has been made) meaning that all outstanding monies due to SMB Media must be paid within 4 days of completion of work and date of issue of the final invoice. Accounts still outstanding 5 days after invoice will be considered ‘in default’ and any client information or services may be suspended, or an additional late-payment fee added to the account. Clients with accounts that are ‘in default’ agree to pay all reasonable costs and expenses, including legal fees and interest (currently a rate of 8% - as of the date of writing - 2nd October, 2010) in enforcing these Terms and Conditions.
Once a first payment or ‘deposit’ has been paid and SMB Media begins work the client is obliged to pay the balance of payment in full, even if the client decides to cancel the project for any reason. We will contact the client via email and/or telephone to remind them of such payments if they are not received when due. If a due payment becomes more than 30 days overdue, SMB Media reserves the right to request payment in full for the project at that point. Further work will not be conducted until such payment has been received and we maintain the right to withhold any work or materials until the account is brought up to date.
Occasionally SMB Media may provide products or services to the client without a deposit and/or any upfront payment, with the balance to be paid in full at a later/pre-agreed date. The client will have 7 days to pay upon issue of the invoice for any work carried out - unless otherwise agreed. We occasionally allow the before-mentioned flexibility on payments solely to help with the workflow and/or the working relationship between SMB Media and the client. SMB Media will not perform a credit-check, nor will SMB Media charge any interest (unless an account becomes overdue, in which case we reserve the right to begin legal proceedings and begin charging interest at a rate of 8% PA - which is correct as of 2nd October, 2010).
SMB Media will only carry out work that has been 'signed-off' by the client beforehand, either via telephone, email, or in writing. Under no circumstances will SMB Media ever carry out work that hasn't been 'signed-off' by the client then expect the client to pay. SMB Media retain the right to request payment in full for any monies owing, at any time, provided sufficient notice is served upon the client. SMB Media reserve the right to withhold any work and/or product(s) from the client until their account has been brought up to date.
If the client persistently fails to provide access to their hosting or domain, such that SMB Media cannot complete scheduled and agreed work, the client will be deemed to have broken their agreement with SMB Media and all monies owing will be immediately due.
If the client persistently fails to provide requested materials or respond to emails, telephone calls, or written contact in a timely manner, such that SMB Media cannot complete scheduled and agreed work, the client will be deemed to have broken their agreement with SMB Media and all monies owing will be immediately due.
All website code and graphics will remain the property of SMB Media until all accounts are paid in full. If the client does not respond to email or phone messages requesting agreed content or sign-off for a period of 14 days or more, SMB Media reserves the right to issue a final warning to the client that if they do not then respond within three days of the final warning, the project will be paused at that point and the client will be invoiced in full for work completed up to that point.
In the event that the client fails to respond to communication in a satisfactory manner for a period of 28 days or more, SMB Media reserves the right to 'archive' the project and immediately invoice for all completed work and materials. At this point the project will remain on-hold until the scope of work and cost for completion of the project is agreed and any deposit required is paid.
Where SMB Media agree to invoice for a final payment when the created or modified website is ready to ‘go-live’ and the client has ‘signed-off’ all work, the act of making the website ‘live’ on the internet implies acceptance of the work conducted by SMB Media and acts as ‘sign-off’. All outstanding monies owing will become immediately payable and will be invoiced for immediately.