By placing an order with Flycast Media via telephone, email, verbal, or any other means of communication, you confirm that you are in agreement with and bound by the terms and conditions below.
THE CLIENT: The company or individual requesting the services of ASMB LTD T/A Flycast media.
FLYCAST MEDIA: Primary designer/site owner & employees or affiliates.
Flycast media will carry out work only where an agreement is provided either by email, telephone, mail or fax. Flycast Media will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Flycast Media and the client, this includes telephone and email agreements.
Flycast media provides file formats in pdf, doc, tiff and jpeg formats. If the original file is requested by the client from Flycast Media, this may carry a charge to provide original working files, graphics and required fonts for editing.
Flycast Media has the right to display all design works carried out on Flycast Media unless otherwise requested by the client.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Flycast Media cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Flycast Media until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Flycast Media remain the copyright of Flycast Media and may only be commercially reproduced or resold with the permission of Flycast Media.
Flycast Media cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
All written content is to be supplied by the client in electronic form enabling Flycast Media to ‘cut & paste’ it into the project itself. This content will be implemented/ inserted only once and all further changes will be the client’s responsibility or will be at at our standard hourly rate (£85 plus VAT).
Flycast Media is not responsible for proof reading or spell checking this content and we strongly advise all clients to check this content carefully before its submission.
Any additions to briefs provided will be carried out at the discretion of Flycast Media and where no charge is made by Flycast Media for such additions, Flycast Media accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Flycast Media all materials required to complete the site to the agreed standard and within the set deadline.
Flycast Media will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Flycast Media will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Flycast Media will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Flycast Media will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.
Staged payments are required throughout the life of a project as detailed in our written proposal, if those payments are not fulfilled Flycast Media reserves the right to halt all work on the project until they are paid.
All payments are required before upload to live server.
After project commencement a reasonable amount of time (4hours) is set aside for meetings (face-to-face, Skype, Google hangouts, conference call, telephone call) in every web design and development project. Every phone call and meeting is timed using industry approved “productivity and invoicing” software and this time is deducted from the overall allowance. Flycast media has the right to invoice for any excess time over and above this limit at its standard hourly rate (£85 plus VAT).
At various stages of the project Flycast Media will seek written approval from the client before moving to the next stage. Subsequent changes to previously approved content will be chargeable at our standard hourly rate (£85 plus VAT).
For example, having approved website artwork, once sent for development all changes will be chargeable.
Flycast Media has the right to display all design works carried out on www.flycastmedia.co.uk unless otherwise requested by the client.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Flycast media will accept no delay in payment caused by any third party action such as your hosting company being able to implement your build correctly or domain company delaying the transfer of your domain or any technical issues therein. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.
Flycast Media cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Flycast Media remain the copyright of Flycast Media and may only be commercially reproduced or resold with the permission of Flycast Media.
Where applications or sites are developed on servers not recommended by Flycast Media, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Flycast Media before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Flycast Media will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Flycast Media will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the latest version of web browsing software Microsoft Internet Explorer, Firefox, and Safari, for both mac and PC to an acceptable level. Flycast Media can offer no guarantees of correct function with all browser software. Flycast Media also accepts no responsibility for issues on different devices such as iphone ipad etc.
No guarantees can be made as to the availability or interruption of the web hosting service and Flycast Media cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Flycast Media reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise. Website hosting is not included in any website package, and after 30 days, all clients must make their own arrangements or consult with Flycast media about their available packages. Failure to do so may result in a website being suspended.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We use ‘white hat techniques’ when optimising websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimisation process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
Flycast Media reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
A deposit is required from any new client before any work is carried out. It is Flycast Media policy that any outstanding accounts for work carried out by Flycast Media or its affiliates are required to be paid in full, no later than 10 days from the date of the invoice unless by prior arrangement with Flycast Media.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Flycast Media have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
To better manage our work flow, we have a rush charge policy. Charges on rush jobs will be 150% of our regular rates. A rush job is defined as: A project needing to be started in less than 48 business hours OR worked on outside of these hours. Business hours are from 9:00 AM until 5:00 PM Monday through Friday.
We have a very clear understanding of the need to turn jobs around quickly. But this does mean that we have to stop all other client work to accommodate yours.
When you order a job that is a rush, please specify the time it is needed. We will confirm our ability to meet the schedule and verify that rush charges apply. If you order a job ASAP, we will produce it as soon as the schedule allows. Sometimes these jobs will be produced in less than f4 hours. This is not a guarantee and will incur rush charges.
We anticipate that only a small number of jobs will actually fall under our rush charge category.
Anyone who experiences a problem with their web service provided by Flycast Media should raise the matter directly using our online contacts or form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Flycast Media will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Flycast Media, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Your access to and use of Flycast Media is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
Flycast Media will never ask for your credit card details and we advice our customers to not enter their credit cards details on Flycast Media website or by submitting such details in any other form.
The contents of Flycast Media website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
All material contained on Flycast Media is provided without any or warranty of any kind. You use the material on Flycast Media at your own discretion
Flycast Media reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Flycast Media shall not be liable to you for any such change or removal and.
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Flycast Media Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Flycast Media or otherwise used by Flycast Media as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
7.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) ; the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
7.3 By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
8.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.2 To the extent permitted by law, Flycast Media will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
8.3 Flycast Media makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Flycast Media for death or personal injury as a result of the negligence of Flycast Media or that of its employees or agents.
You agree to indemnify and hold Flycast Media and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Flycast Media arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
These Terms and Conditions shall be governed by and construed in accordance with the law of GB and you hereby submit to the exclusive jurisdiction of the GB courts.
54 Clarendon Road,
Tel: 01923 439 662
For any further information please email Flycast Media Team