Throughout this agreement(s) the following words and expressions will have the following meanings:
“we”, “us” and “our” refer to Morrall Media and the owner(s) of the website(s) or app(s) and all of our associated brands. “FreeMee.org” (or “FreeMedia” or “The FreeMedia Network”), “NyteLIFE” (or “NyteLIFEuk), “SiMThea” (or “SiMTheauk” or “SiMThea Records” or “SiMThoNy Music”), are all trademarked brands of Morrall Media.
The term “website(s)” or “app(s)” or “site(s)” refers to any software that bares the “Morrall Media” or “FreeMee” trademark name(s) and/or logo(s), that is provided to be used on electronic devices.
“service(s)” and/or “product(s)” refers to any “product(s)” or “service(s)” or “advertisement(s)” supplied by us.
“you”, “your” and/or “you’re” (‘the Client’) refers to the signatory of this agreement(s) and/or all user(s) or viewer(s) of our website(s) or app(s)and/or service(s).
“Advertisement” means information used to represent or market offers or content to consumers of our website(s) or app(s) and/or service(s).
”Morrall Media” is a sole trader that operates in England & Wales.
Morrall Media offers this service(s) to you, the Client, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available online. These Terms of Service apply to all users of our site(s) or app(s), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
A breach or violation of any of these Terms could result in an immediate termination of your Services without any refunds.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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 and/or pays an invoice then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. 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.
The Client agrees to:
Provide us within a reasonable timescale, everything that is requested from you to complete the Project including text, images and other information. Provide us with text and images in the format as stated below, review our work, provide feedback, and sign off approval in a timely manner. Make every effort to adhere to all agreed deadlines and to adhere to the payment schedule laid out in this contract, or agreed separately for bespoke work and provide a minimum of one months notice in writing, or by email should you wish to cancel any contract.
Morrall Media agrees to:
Carry out services in a professional and timely manner and make every effort to adhere to any deadlines agreed between us and you. Make a reasonable number of revisions to the design, layout, colours etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately. We will maintain up to date skills and knowledge through regular training and research. Contact you before the end of any contract period, to discuss the various options open to you for continuing website maintenance and support and/or hosting.
Morrall Media 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 Morrall Media otherwise within five (5) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
Morrall Media 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 Morrall Media receiving initial payment, unless a delay is specifically requested by the Client and agreed by Morrall Media. In return, the Client agrees to delegate a single individual as a primary contact to aid Morrall Media with progressing the commission in a satisfactory and expedient manner. During the project, Morrall Media will require the Client to provide website content; text, images, movies and sound files.
Failure to provide required content:
Morrall Media 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. 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 or Content Marketing we require the text content for your site in advance so that the service can be planned and completed efficiently. 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.
Text content should be delivered as a Microsoft Word, Apple Pages, 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.
If you are using our content management system you are able to keep your content up to date your self.
Copyright of supplied content
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Morrall Media 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 Morrall Media permission and rights for use of the same and agrees to indemnify and hold harmless Morrall Media from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.
Copyright of developed content
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Morrall Media 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.
We reserve the right to place a small and unobtrusive link and copyright notice at the bottom of your website pages(s), thereby not hindering or distracting from your own website design. We also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine or articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you do not want us to add your site to our portfolio of work. A link to Morrall Media will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design.
Quotations and Charges
Charges for services to be provided by Morrall Media are defined in the project quotation and/or order confirmation that the Client receives either verbally, formally or via e-mail. All Quotations are valid for a period of 30 days and are void after this period. Morrall Media reserves the right to alter or decline to provide a quotation after expiry of the 30 days. An ‘order’ is deemed to be a written or verbal contract between Morrall Media and the client, this includes telephone and email agreements.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. You will then be required to submit all outstanding payments before any completed work is published. You will not receive any logins, email setups or domain confirmation till all outstanding balance is cleared.
Invoices will be provided by Morrall Media 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. Payment for services is due by bank transfer, cheques should be made payable to Morrall Media. Bank details will be made available on invoices, any overpayments to us may not be reimbursed. Cheques returned for insufficient funds will be assessed a return charge of £25. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Morrall Medias Web space, Morrall Media will, at its discretion, remove all such material from its web space. Morrall Media 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 Morrall Media reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Morrall Media in enforcing these Terms and Conditions.
Client agrees to reimburse Morrall Media for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, additional domains, copywriting, logo design etc.
Cancellations and Refunds
Should the client cancel the website agreement prior to the website going live, you will not be refunded your deposit. Should the client cancel the agreement after the website has gone live, you will not be refunded. 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 within seven (7) days. We require a minimum 30 days notice to cancel a hosting contract.
Refusal of Service
We reserve the right to refuse service(s) to anyone for any reason at any time.
Third Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website(s) or app(s) is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website(s) or app(s) (including, the release of new tool
Third Party Domains
Morrall Media 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 Morrall Media. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Third Party Hosting
We do not allow our web solutions to be hosted on third party servers, and we are not liability for maintenance of any work we carry out on third party servers. If we are working on a website hosted elsewhere, we cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc. We do not offer any technical support for any third party web site hosting company.
Third Party Access Requirements
You may request a third party company or service, such as a Digital Marketing Professional, Copywriter ect, to have full administrative access to your website. However Morrall Media cannot accept responsibility for any alterations caused by a third party occurring to the Client’s website and pages once access has been granted. Such alterations include, but are not limited to additions, modifications or deletions. Morrall Media maintains the right to refuse access to anyone for any reason at any time.
We will NEVER allow any third party to have access to our source code on the server and access to C-Panel or FTP services are strictly forbidden.
Morrall Media 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 Morrall Media cannot guarantee correct functionality with all browser software across different operating systems.
Morrall Media cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed, gone live, or handed over to the Client. As such, Morrall Media 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.
Accuracy, Completeness and Timeliness of Information.
The material on our website(s) or app(s) or service(s) and/or all printed material is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We are not responsible if information made available on our website(s) or app(s) or service(s) and/or all printed material is not accurate, complete or current. Neither we nor any third parties provide any representations or warranties or guarantee of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to our website(s) or the information, products, services, or related graphics contained or offered on our website(s), app(s) and/or service(s) for any particular purpose. We will not be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of our website(s) app(s) or service(s) and/or all printed material. All material on our website(s) or app(s) or service(s) is subject to change without notice.
Errors, Inaccuracies and Omissions
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Morrall Media cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. We cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore the company will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
Occasionally there may be information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information about our Service(s) on our website(s) or any printed materials is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website(s) or app(s) , including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website(s) or app(s) , should be taken to indicate that all information in the Service or on any related website(s) or app(s) has been modified or updated.
Morrall Media hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Morrall Media 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.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission. This contract remains in force and need not be renewed.
Morrall Medias services may be used for lawful purposes only. You agree to indemnify and hold Morrall Media harmless from any claims resulting from your use of our service that damages you or any other party.
Morrall Media 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.
The client agrees to advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties and for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
We adhere to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner. Morrall Media is not responsible for data protection, data transfer, data retention, and confidentiality of our clients business or day to day data activities.
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.
Changes to Terms and Conditions
Morrall Media reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available from our website.
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.
This Agreement shall be governed by English Law.