By having First Choice Media design/post your World Wide Web site, you agree that it is in compliance with the general rules and guidelines explained herein.
Standard Media Delivery
This Agreement assumes that all text is provided by the Client in electronic format (.txt on floppy, e-mail or ftp retrievable), all photographs and other graphics are provided in high quality print suitable for scanning or on a floppy in a .gif, .jpeg, .bmp format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media and outside charges as required.
Permission and Copyright
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other supplied material. Every contract for page design and placement shall be regarded as a guarantee by the Client to First Choice Media that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Licensed Code
This Agreement includes code elements being custom created for the Client and are based on toolboxes of techniques and pre-developed code that is the property of First Choice Media. Such code is not owned by that Client and may not be distributed, modified or re-licensed without the express written consent of First Choice Media.
Access Requirements
In order to install the design in question, First Choice Media must be granted read/write access to the Client's storage directories; those directories must be accessible via FTP. Depending on the project, other resources might have to be configured on the server end (for scripts, imagemaps, etc.).
Right To Remove
The Client agrees to give First Choice Media or its appointed agents "on demand" access to the installed designs and the Client further agrees that First Choice Media shall have the right to remove that design from public posting for failure to adhere to the terms of this Agreement, including violating any licensing agreements or failure to pay fees duly assessed.
Payment Terms
All designing/SEO/advertising/hosting/maintenance fees are/shall be payable in advance prior to having the site being officially placed on the World Wide Web or as outlined in your quotation. Rates and services are subject to change without prior written notice from First Choice Media. Payments can be made online by credit card through PayPal Or Check.
Refunds
All sales are final. No refunds will be given once hosting has been setup (if applicable) and/or the design process has begun on the website.
Alterations in Terms and Conditions
First Choice Media reserves the right to change the terms and conditions of the acceptance of future orders for authoring and placement of Client's pages.
Hosting Cancellations
Cancellation of hosting renewals, in the first instance, be made by telephone, but must be confirmed in writing by e-mail or by fax. The full invoiced amount of the order must be paid if the cancellation is not received in writing or by fax within 10 working days of the hosting renewal date.
Acceptance of Terms and Conditions
The placement of an order or contract for the authoring or placement of pages with First Choice Media will be regarded as an acceptance of all the above terms and conditions. Orders may be placed, in the first instance, by telephone or e-mail and must be confirmed in writing by e-mail or by fax.
Copyrights and Trademarks
First Choice Media will produce, display or create derivative works from the Client's material except as provided in these terms and conditions. However, the Client acknowledges and agrees that First Choice Media has no control over, and will not be liable for, the unlawful acts of others who access the Client's installed and publicly posted material.
Customer Review
First Choice Media will provide the Client with an opportunity to review the appearance and content of the Client's materials once they are scripted. Such scripted materials will be deemed to be accepted and approved unless the Client notifies First Choice Media otherwise within ten days of the date First Choice Media sends proofs of such scripted materials to customer via e-mail or internet.
Impossibility of Performance
The Client acknowledges and agrees that First Choice Media cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunications problems.