TermsTerms Definitions: You agree to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/product being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge regarding the content of your product. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final product as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of Swoop Media in ascertaining the unsuitability of the materials with which you provide us. Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Swoop 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 Swoop Media until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Swoop Media remain the copyright of Swoop Media and may only be commercially reproduced or resold with the permission of Swoop Media. Swoop 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 images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Swoop Media, they will be the sole responsibility of the Client. Any additions to briefs provided will be carried out at the discretion of Swoop Media and where no charge is made by Swoop Media for such additions, Swoop 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. Swoop Media will provide the Client with an expected completion date for the Project (live on the internet) if requested. Swoop Media will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Swoop Media is purely an estimate.
The client agrees to make available as soon as is reasonably possible to Swoop Media all materials required to complete the site to the agreed standard and within the set deadline. Swoop Media will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Swoop 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. Swoop 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. Swoop 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 deposit of 50% is required with any standard project and 50% for database driven projects before any design work will be carried out. This figure may be higher for websites of an adult nature and is non-refundable. 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. 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. We do offer free updates for a week after completion to allow for any final amendments that may be required. Database, Application and E-Commerce Development Swoop 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 Swoop Media remain the copyright of Swoop Media and may only be commercially reproduced or resold with the permission of Swoop Media. Where applications or sites are developed on servers not recommended by Swoop 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 client’s 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 Swoop Media before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Swoop Media will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief Compatibility Swoop Media will endeavor 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 web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Swoop Media can offer no guarantees of correct function with all browser software. Website Hosting Whilst Swoop Media is a hosting reseller, no guarantees can be made as to the availability or interruption of this service by Swoop 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. Swoop 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 free hosting service should the necessity arise. Website Optimization 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 optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liablility 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 optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization 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. Swoop Media reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. Payment of Accounts A deposit is required from any new client before any work is carried out. It is the Swoop Media policy that any outstanding accounts for work carried out by Swoop Media or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Swoop 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 Swoop 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. Domain Names
Domain names will be registered by Swoop Media and also registered to the Swoop Media current address. Although the domain names are registered to Swoop Media, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Swoop Media will do this within a reasonable timeframe. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Swoop Media can not be held liable for this. However, Swoop Media will make reasonable effort to contact the Client regarding domain renewal.
When a Client renews Hosting with Swoop Media, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Swoop Media can not be held liable for this.
Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if Swoop Media cannot contact the Client or the Client requests for Swoop Media to not host this site.
The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Swoop Media reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Swoop Media for reactivating the website/Hosting.
If the Client does not use Swoop Media Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
Should a Client wish to move Hosting away from Swoop Media or transfer a Domain name away from Swoop Media, a £50 admin charge will be issued, which must be paid before the transfer takes place.
Swoop Media has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client's web sites constitute Swoop Media endorsement, or approval of the website or the material contained within the website. Swoop Media has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. Swoop Media provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
Swoop Media are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
If a Domain name is purchased by the Client through a company other than Swoop Media, the Client has full responsibility in making sure that the domain name is renewed when due. Swoop Media will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Swoop Media.
Swoop Media will take a 1.9% service charge payment on any payments received using a credit or debit card. If this is not acceptable to the client, we also accept BACS and Cheque as an alternative payment method.
Your Privacy We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters. Complaints Procedure Informal procedure Anyone who experiences a problem with their web service provided by Swoop Media should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Swoop Media will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
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 Swoop 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.
Swoop Media makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
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