Terms and Use
Click here for terms and conditions Thank you for visiting Swoop Media Ltd's Site — we're glad to have you. Your visit is governed by the following Terms and Conditions. As long as you comply with the following Terms and Conditions, Swoop Media Ltd grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way. Additionally, you will not use or contact this site to disrupt or damage the site, its contents or its security measures or to harass or disparage Swoop Media Ltd or its clients or their respective products or services or personnel. No unsolicited e-mail may be directed to or through this site. The sole authorized use of the Site is to obtain information about Swoop Media Ltd and its products and services; no other use is permitted. This Site is solely for your personal use. You are, of course, welcome to print or otherwise copy material from this site for your personal use. However, you may not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. Any unauthorized use of the text, images, audio and video may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes. Copyright in all material on this Site is owned by Swoop Media Ltd or its clients; All trade names, trademarks, service marks, logos and trade styles on this site are owned by Swoop Media Ltd, its clients, or third parties where noted. For example, Microsoft is a registered trademark of Microsoft Corporation in the (a) In, as, or as part of your own trademarks. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right of use of any trademark displayed on the web site without the written permission of Swoop Media Ltd or such third party owners. Swoop Media Ltd reserves the right to collect and store personally identifiable information about persons who visit this Site and voluntarily submit information by contacting Swoop Media Ltd. Swoop Media Ltd may also collect and store aggregate or anonymous information about user contact with and use of the Site. Your use of the Site is at your risk. Swoop Media Ltd makes no warranties or representations as to its accuracy and Swoop Media Ltd specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site. Neither Swoop Media Ltd nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or inability to use or access, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states or jurisdictions do not allow the disclaimer of implied warranties and the limitation of liability, so the foregoing disclaimer and limitation may not apply to you. Swoop Media Ltd is not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. While Swoop Media Ltd may provide links on this Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. Swoop Media Ltd disclaims all warranties, express and implied, as to the accuracy, validity, legality or If you believe that any material on this Site, whether posted by us or by third parties, violates the copyrights or other rights of third parties, please contact us with complete details at info@swoopmedia.com . This Site is offered AS IS and without warranties of any kind. Swoop Media Ltd disclaims the implied warranties of merchantability and fitness for a specific purpose as well as title or non-infringement. We are not responsible for timeliness, accuracy, unavailability or interruptions in availability, viruses or other defects in the site or its contents. In no event shall Swoop Media Ltd be responsible for any damages to users or their computer systems or otherwise, even if Swoop Media Ltd has been informed of the possibility of such damages and without regard to negligence. This site is offered in the English language and is intended for use in the U.S. and in other areas where English is spoken. If you would like information in other languages about Swoop Media Ltd, please contact us at info@swoopmedia.com . Swoop Media Ltd's headquarters are in the Use of this Site is subject to these rules and all of the foregoing terms and conditions which you as user accept by contacting and using this site and which govern all use and all results thereof. You agree to indemnify, defend and hold Swoop Media Ltd and all of its agents, directors, officers employees, information providers, licensors and licensees (collectively, " Indemnified Parties") harmless from and against any and all liability and cost (including, without limitation, attorney's fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in Swoop Media Ltd's defense or any claim. Swoop Media Ltd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Swoop Media Ltd. Swoop Media Ltd reserves the right to revise and update these Terms and Conditions at any time, effective on the date of posting to the site of the new and amended terms. Domain name terms
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.
All print cancellations will have to be made in writing and emailed to sales@swoopmedia.com.Please note that you will be charged 10% of the total value of your original order on all cancelled orders. In addition a £15.00 charge will appy to cover our adminstration fee. Please note that any costs incurred for work already carried out up to the date of your written cancellation will also be charged, and deducted before any refunds are made to you. Refunds may occasionally be offered at the discretion of the management |
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