Terms and Conditions

By placing an order with Red-Fern Media Solutions, 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 Red-Fern Media Solutions.
Red-Fern Media Solutions: Primary designer/site owner & employees or affiliates.

General

Red-Fern Media Solutions will carry out work only where an agreement is provided either by email, telephone, mail or fax. Red-Fern Media Solutions 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 Red-Fern Media Solutions and the client, this includes telephone and email agreements.

Website Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Red-Fern Media Solutions 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 Red-Fern Media Solutions until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Red-Fern Media Solutions remain the copyright of Red-Fern Media Solutions and may only be commercially reproduced or resold with the permission of Red-Fern Media Solutions.

Red-Fern Media Solutions 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.

Any additions to the brief will be carried out at the discretion of Red-Fern Media Solutions and where no charge is made by Red-Fern Media Solutions for such additions, Red-Fern Media Solutions 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 Red-Fern Media Solutions all materials required to complete the site to the agreed standard and within the set deadline.

Red-Fern Media Solutions will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Red-Fern Media Solutions 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.

Red-Fern Media Solutions will not be liable for any costs incurred, compensation or loss of earnings for any client.

Red-Fern Media Solutions 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 project before any design work will be carried out.

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.

Database, Application and E-Commerce Development

Red-Fern Media Solutions 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, cgi applications or software (unless specifically agreed) written by Red-Fern Media Solutions remain the copyright of Red-Fern Media Solutions and may only be commercially reproduced or resold with the permission of Red-Fern Media Solutions.

Where applications or sites are developed on servers not recommended by Red-Fern Media Solutions, 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 Red-Fern Media Solutions before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Red-Fern Media Solutions will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Website/Software Updates

All of the websites/systems Red-Fern Media develop use the latest versions of any open source software or bespoke developed software.
Once your new website project is launched it will be in the latest version of software at the time of going live, over time open source software platforms will release updates and security patches to make sure hackers cannot hack the software/system.

Red-fern Media offers support contracts for clients, these support contracts will allow us to make sure your website software is kept up to date.

If you, the client DO NOT take out a support contract with Red-Fern Media, it is your responsibility to make sure your website is kept up to date.
Red-Fern Media do not take responsibility for any clients website if the client is not on a support contract.

Website Hacking

If a clients website is ever compromised or hacked it is the responsibility of the client to rectify this problem.
Red-Fern Media will only support clients and rectify the problems on the website if the client is on a monthly support contract.

Red-Fern Media reserve the right to shutdown any website held on Red-Fern Media servers that has been compromised or hacked if the client is not on a monthly support contract.

Website Support Contracts

If you the client are on a support contract with Red-Fern Media, this support contract will cover your website for minor security patches released by open source software platforms.
The support contract will cover the clients website against hacking and if the site is compromised.
If the client is on a support contract, it is Red-Fern Media's responsibility to make sure the website software is up to date.
If any software platform releases a major upgrade their may be an additional charge to cover the cost of this upgrade, based on how much time is involved to implement the upgrade on the clients website.

Website Hosting

We offer limited hosting services to smaller sites by buying server space from a company that we have been using since 2005. This company is 1and1 Internet Ltd. They have great customer and technical service as well as an impressive uptime history.

Hosting is a service Red-Fern Media offer through 1and1 internet. Red-Fern Media cannot/will not be held responsible for any downtime, loss or damage. Red-Fern Media will not be held accountable for any monetary loss.

Red-Fern Media reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.

The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless Red-Fern Media from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.

The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.

Hosting invoices are issued 60 days before renewal. If we do not receive written confirmation that you no longer require the hosting, the full 1 years hosting payment is required and can only be cancelled for the following year by email or letter.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the Red-Fern Media Solutions policy that any outstanding accounts for work carried out by Red-Fern Media Solutions 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 Red-Fern Media Solutions.

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 Red-Fern Media Solutions 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.

Passing of Rights

Once all amounts due to Red-Fern Media Solutions from the client are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.

No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.

The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Red-Fern Media Solutions 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.

Red-Fern Media Solutions 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 Red-Fern Media Solutions, 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.