Terms and Conditions
By placing an order with Elastic Media, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
The Client : The company or individual requesting the services of Elastic Media.
Elastic Media: Trading name of Mr Matt Wildin
The Project: Digitally produced work including but not limited to web pages, banners, visual identities, branding, emails etc
General
An ‘order’ is deemed to be a written or verbal contract between Elastic Media and the Client, this includes telephone and email agreements.
Final costs are based on time and materials and are charged at £35 per hour irrespective of task. Alterations, amendments, corrections or change of requirements may affect final costings.
Any work not specified in the initial order must be authorised by a written change request. Additional charges may be incurred.
Estimates
Any estimates provided to the Client are for illustrative purposes only and should not be used as finalised costs. Estimates are valid for 30 days and are subject to change.
Assignment of Project
Elastic Media reserves the right to assign subcontractors to the Project to insure the right fit for the job as well as on-time completion.
Consequential Loss
Elastic Media does not warrant that the functions of the Project files created will meet the Client’s expectations of performance or resulting business. The entire risk as to the quality and performance of the Project files is with the Client. In no event will Elastic Media be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the Project files, even if Elastic Media has been advised of the possibility of such damages. Despite the best efforts of Elastic Media, errors in Project files may occur. At no time will Elastic Media’s responsibilities for accidentally including erroneous information extend beyond correcting the error.
Copyrights and Trademarks
The Client represents to Elastic Media and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Elastic Media for inclusion in the Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Elastic Media and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Copyright to Web pages
Copyright to the finished assembled work produced by Elastic Media is owned by Elastic Media. Upon payment, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs provided by Elastic Media are specifically not transferred to the Client, and remain the property of their respective owners. Elastic Media and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.