MEDIA BY DESIGN
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IN CERTAIN INSTANCES, THESE TERMS AND THE SPECIFIC TERMS MAY LIMIT ENGINEERED MEDIA’S LIABILITY. WE ASK THAT YOU PLEASE TAKE SPECIAL NOTE THEREOF AND READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY USING OUR SERVICES YOU ACCEPT THESE TERMS.
Engineered Media offers online media solutions with numerous digital strategies. Each product or service offered by us is subject to Specific Terms governing those services. The Specific Terms are in addition to these Terms. That means that both these Terms and the Specific Terms of service in respect of each product or service are applicable. If there is any conflict between the two, the Specific Terms of the relevant product or service will apply. If any of the Specific Terms are silent with regard to a specific topic/s, the terms in these Terms governing that topic will apply.
It is the Customers’ responsibility to ensure that all data, formats and content is properly backed up. Engineered Media uses reasonable measures to ensure that it doesn’t lose any content which you may provide or upload to our servers from time to time, but it is your obligation to keep copies and back-ups. ENGINEERED MEDIA WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGES OF ANY KIND, WHICH YOU MAY SUFFER AS A RESULT OF THE LOSS OF CONTENT, FOR ANY REASON WHATSOEVER.
The Customer warrants and represents:
In submitting any Content the Customer makes the following representations and warranties:
You are specifically prohibited from using our Services in any of the following ways:
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion and without any prior notice to you.
These Specific Terms apply to Websites and are in addition to the General Terms of Service.
Monthly Packages are a grouping of website features. These features can be found in the quote detail. The monthly cost for the package is stated on the quote under “Monthly Package Cost” with the “Contract Period” indicated.
Unless otherwise specified in the project quote, websites will be designed using standard HTML.
The project cost will be based on the scope defined in writing in the project quote. Any changes to the scope must be agreed to in writing. Engineered Media reserves its right, in its sole discretion, to revise the project cost due to changes to the scope.
At the end of the contract period, the Customer has the option to continue with the monthly hosting, content maintenance and search engine optimization. The continuation of the contract will be on a month to month basis at the rates applicable at that time.
No project will start before a contract is duly signed, payment of the deposit is received, a signed debit order authority (if applicable) and all content is received by Engineered Media.
A ‘content page’ is a website page of plain content (plain text with a few images) or 5 images added to the gallery. The Customer may buy additional content pages. At the start of the contract with the Monthly Payment Option, the price per page per month is agreed on at the start of the contract. If during the contract the Customer wants additional content pages, those additional content pages will be quoted on separately.
Unless otherwise specified, Engineered Media utilises open source CMS software. The Customer must ensure that PHP and MYSQL are supported by the Customer’s host and correctly configured (if provided by Engineered Media, we will ensure this).
Engineered Media prefers providing the hosting for the website. The Customer will be responsible for any additional costs and time spent by Engineered Media if a Customer uses alternative hosting.
If the parties have included domain transfer in the project quote, Engineered Media’s responsibility is limited to facilitating the transfer. The Customer will be responsible for arranging release and the necessary actions to enable transfer. Any transfer that requires Engineered Media to utilize more than 1 (one) hour will be charged for whether the transfer is successful or not, provided Engineered Media is not at fault for the unsuccessful transfer.
The Customer will receive a temporary link to access the design for review. The project quote includes 3 rounds of changes to the design. Additional rounds of changes to the design will be charged at the hourly website design rate given by Engineered Media.
Ownership of the website transfers from Engineered Media to the Customer only once we have received full payment.
ENGINEERED MEDIA CANNOT BE HELD RESPONSIBLE FOR THE CORRECT FUNCTIONING OF THE CUSTOMER’S CMS WEBSITE IF THE HOSTING HAS NOT BEEN PROVIDED BY ENGINEERED MEDIA. ENGINEERED MEDIA IS NOT LIABLE FOR AND THE CUSTOMER INDEMNIFIES ENGINEERED MEDIA AGAINST ANY LOSS, DAMAGE OR CLAIM SUFFERED AS A RESULT OF INCORRECT FUNCTIONING OF THE CUSTOMER’S CMS WEBISTE IN TERMS OF THIS CLAUSE.
Engineered Media warrants the website to be free from defects or bugs for a period of 90 days from the date of launch or the date that the Customer accepts the website, whichever comes first. During the warranty period, Engineered Media will attend to errors that relate to the design or functionality of the website. Problems that arise because of the Customer’s negligent or willful misuse of the website do not constitute errors for the purpose of this warranty.
Engineered Media will assist the Customer with version changes in software and technology for a period of 90 days from the date of launch, where the changes cause the website to malfunction.
Engineered Media does not warrant or guarantee any level of performance, traffic or outcome, financial gain or increased business because of the website.
These Specific Terms apply to Hosting services and are in addition to the General Terms of Service.
All hosting provided by Engineered Media is via a 3rd party and is also subject to the Terms & Conditions of the 3rd party. It is the Customer’s responsibility to read the 3rd party’s terms and conditions. Please view the terms at http://www.hetzner.co.za/index.php/hosting/legal/terms-of-service/
All monthly fees will be subject to a Debit Order and a Debit Order Authorisation Form must be fully completed and signed before a project will be scheduled.
Engineered Media accepts no liability for downtime or loss of information from any cause whatsoever, including the negligence of any person or entity.
The Customer agrees that this contract will continue on a month to month basis unless the quote, accepted by the Customer, states otherwise. Either Party may give 30 days’ notice in writing to terminate the contract.
Engineered Media only offers support relating to hosting during normal office hours (08h00 – 17h00).
There is a risk that emails can be deleted or lost during a transfer. The Customer must ensure that all email is backed up before a transfer is initiated. Engineered Media will not be liable for lost emails. Backups are recommended for all users but are specifically required for any users using IMAP because local emails will be lost after the transfer and will need to be re-imported.
Engineered Media is not liable and the Customer holds us harmless against any damage or loss that you may suffer as a result of the fulfillment of the obligations of the terms of the Agreement.
Engineered Media reserves the right to make changes to our Terms at any time without notice. An updated version of our Hosting Terms will be posted on the Website.
Specific Terms of Service (“Specific Terms”)
These Specific Terms apply to Google Ads managed by Engineered Media on the Customer’s behalf. These terms are in addition to the General Terms of Service.
The campaign setup will only be scheduled once Engineered Media has received payment of the full setup fee and first month’s management fee (“Management Fee”).
Specific Terms of Service (“Specific Terms”)
These Specific Terms apply to WhatConverts Call Tracking and are in addition to the General Terms of Service.
WhatConverts, www.whatconverts.com is managed by Engineered Media on the Customer’s behalf.
30 days’ written notice is required to cancel the monthly contract.
Engineered Media does not guarantee or warrant the availability or continuation of tracking numbers.
The Customer grants Engineered Media permission to record and listen to tracked calls for the purpose of quality.
THE CUSTOMER INDEMNIFIES, AND HOLDS ENGINEERED MEDIA HARMLESS IN THE EVENT THAT A NUMBER IS LOST OR WITHDRAWN.
Specific Terms of Service (“Specific Terms”)
These Specific Terms apply to any ‘Engnet Listing’ which means any listing provided for in the EngNet Engineering Directory found at www.engnet.co.za or related domains. These Specific Terms are in addition to the General Terms of Service.
Engineered Media offers 2 (two) payment options for Engnet Listings. The Customer may opt to pay an annual fee which is paid yearly in one lump sum or a monthly fee payable by way of a debit order in favour of Engineered Media. The two options are explained in more detail below.
Before the Contract Period expires, a renewal letter will be sent out electronically notifying the Customer of the upcoming expiry of the listing. The Customer will have the option to extend the Contract Period or cancel the listing.
The Customer will be liable to pay and agrees to pay the following reasonable cancellation fees if it selects to cancel the listing before the end of the Contract Period:
Engineered Media does not warrant or guarantee any level of performance, traffic or outcome, financial gain or increased business because of the listing.