Mayan Media

give us a call... 01793 232 888

TERMS

of business.

MAYAN MEDIA

Mayan Media provides services such as: Graphic Design; Website Design; Marketing; Search Engine Optimisation; Technical Support; Website Hosting; Filming and Video Editing. All contracts for work undertaken are with Mayan Media.

 

PROMOTION OF MAYAN MEDIA

Naturally we are proud of our work and Mayan Media actively promotes its services. We will not publish any material produced by us until it has been released to the Client. However, we do reserve the right to use any material we produce for our own promotion, whether this be an inclusion on our website, social media, show reel or for PR purposes. If, for any reason, you do not agree with this, we would ask you to kindly speak to us in advance of any work we undertake.

 

RATE

Mayan Media services are quoted and charged in accordance with our rate card. Quotations are available upon request.

 

PRICE VARIATION

Prices are based on current production costs and, unless a signed order is received or otherwise agreed, are subject to amendment at any time before acceptance. Mayan Media endeavour not to vary prices from those quoted and will notify you before carrying out work if variations in price are necessary. All quotations have a maximum validity of 30 days.

 

VAT

Mayan Media is not registered for VAT. VAT is not charged or implied in any way.

 

PAYMENT

Payment of a Mayan Media invoice is to be paid in full on the due date clearly listed on the invoice. Late payment charges will be applied following a 14-day default period from the date of the invoice. Mayan Media reserve the right to charge 2% above the current bank-lending rate on overdue accounts calculated on a daily basis from the invoice date, until the invoice is settled. Mayan Media reserve the right to use any Client funds held on account or received to settle outstanding invoices i.e. a monthly hosting fee could be used to settle an outstanding invoice and the hosting terminated if the account is in arrears. Any monthly arrangements for support or other services will be suspended until outstanding invoices are cleared. Payment via cheque will incur an additional charge of £5 to cover bank fees.

 

BANK DETAILS

Please make all payments to Mayan Media by electronic bank transfer using the invoice number as the reference: Bank: Barclays / Sort Code: 20-84-58 / Account Number: 53056236

 

COPYWRIGHT

All content supplied by Mayan Media is subject to strict copyright rules and as such cannot be reproduced in any format without approval. Failure to seek approval will result in a breach of copyright and legal proceedings will be processed. Copyright covers all words, design, videography and imagery. Copyright will be passed to the Client once payment has been received in full. The Client is responsible for gaining all necessary authority to reproduce pictures, artwork, disks, and any other media supplied to Mayan Media to avoid breach of copyright. Mayan Media accept no responsibility for breaches of copyright in the reproduction of materials supplied to them. By supplying words; design; video and imagery to Mayan Media the Client confirms that they are free from copyright and any potential copyright infringements.

 

ADVANCED BOOKING

Mayan Media will accept future bookings for all services, however, to secure a future service payment of a non-refundable deposit equal to 50% of the quoted amount is required. Mayan Media will accept future bookings on a first-to-pay basis i.e the first Client deposit received will secure Mayan Media's time.

 

PRELIMINARY WORK

Mayan Media will charge for all work requested by the Client, whether experimental or otherwise. Payment of a non-refundable deposit equal to 50% of the quoted amount is required on confirmation of go-ahead. Should a Client suspend, delay for a period of 30 days or more (without notice), or cancel work, Mayan Media will retain the deposit paid.

Payment of a Mayan Media invoice confirms that the Client wishes to proceed with work and has accepted the full Terms of Business contained within this document.

 

PROOFS

Mayan Media will send proofs of all completed design work. Copyright remains that of Mayan Media until full payment of the final invoice is received. Mayan Media shall incur no liability whatsoever for any errors, regardless of fault, not corrected by the Client. Unless notified to the contrary, Mayan Media will assume that final proofs are correct and will request that the final invoice is settled.

 

LOGO DESIGN

Upon receipt of a detailed brief, Mayan Media will work to provide up to three varieties of initial logo design, including fonts and colours, and ask that the Client provide feedback on these designs to progress the design process. Mayan Media will use this feedback to provide up to three further logo designs. The creation of the design, and up to three amendments is included in the quoted fee, after this any further work is chargeable.

 

GRAPHIC DESIGN (EXCLUDING LOGOS)

Upon receipt of a detailed brief, Mayan Media will provide initial design proofs and ask that the Client provide feedback on these designs to progress the design process. Mayan Media will amend the provided design up to three further times, after which any additional amendments will be chargeable. Mayan Media will accept corrections by telephone but the Client must confirm these changes in writing. Mayan Media will not accept responsibility for any errors arising from corrections notified by telephone. Amendments due to Client requirements that were not initially discussed and agreed upon will be chargeable.

 

VIDEO PRODUCTION

Each video project is unique, therefore each project is quoted on an individual project basis. Filming services are quoted at ½ day or full day rates and exclude editing. The Client will need to provide suitable storage media for the transfer of the un-edited footage should it be required.

 

VIDEO POST PRODUCTION

Editing services include bespoke graphical and/or text overlays and licensed music (if required). Enhanced bespoke graphical effects, such as animated backgrounds and compositing are chargeable and will be quoted separately if required. Mayan Media will endeavour to provide a comprehensive quote, however, we reserve the right to review the quote if the project requires additional time to achieve the desired end result. This usually only occurs if there is a change to the supplied brief. Mayan Media will notify the Client in writing and will only proceed with work once confirmation of additional work is approved. The final edit will be provided as an Electronic Video Download, further formats must be discussed prior to editing. If for any reason the Client is not completely satisfied with the final result then the Client must, within 7 days, supply a written request for Mayan Media to change it. This request must detail any revisions necessary, and needs to be specific, including the relevant timestamps requiring revision. Mayan Media will then provide a revised final edit following the guidance of the Client. Any additional work following one requested re-edit is chargeable.

 

WEBSITES

Websites are complex and requirements differ vastly from project to project. Mayan Media will only provide a full quotation for website services following a consultation (in person or by telephone) to fully understand the Client requirements. It is vitally important that the Client uses this consultation to inform Mayan Media of all requirements to allow for a comprehensive quotation to be produced. Failure to advise Mayan Media of certain requirements before work has started could result in additional charges. Mayan Media will publish any material that a Client provides and shall incur no liability whatsoever for this content. The Client needs to ensure that the content provided does not breach copyright laws or other legislation in any country that the website may be viewed.

 

Websites rely on the inclusion of 3rd Party systems to provide certain functionality, for example an integrated Twitter feed relies on information provided by Twitter. Upon launch of any website all 3rd Party systems will be fully tested and working. Mayan Media cannot be held liable in anyway for updates and changes to those integrated systems that are outside of our control. Rectifying issues to websites as a result of failed, changed or updated 3rd Party systems is the responsibility of the Client.

 

WEBSITE UPDATES

Updates to website content are the responsibility of the Client. This can be achieved via the provided in-browser editing feature. Updates that a Client is unable to complete, or those of a more complex nature, need to be requested by email to Mayan Media clearly detailing the update required. Any new text or imagery must be provided. Mayan Media will update the website within three business days of receipt of the email. Should the update request require clarification, Mayan Media will contact the Client for further clarification. Website updates are chargeable in ½ hourly increments.

 

HOSTING

The Client’s website does not need to be hosted with Mayan Media, however, we will explain the benefits of doing so in the initial consultation. If a Client wishes to use their own hosting provider, they must provide Mayan Media with full access to the FTP server in order for Mayan Media to upload and make changes to the website. If an older website is being hosted on this FTP server, it is the responsibility of the Client to ensure that a back-up of any existing files and content has been made as Mayan Media will overwrite everything when uploading via FTP.

Hosting packages are on-going and can be paid monthly in advance or annually from the date we host a Client’s website files. Clients hosting monthly with Mayan Media will receive an automated monthly invoice. Failure to keep up with payments will result in the website being removed from Mayan Media controlled servers. If Mayan Media have received payment from a Client for other services, these funds will be used to maintain the monthly website hosting. If all funds are exhausted the Client will be contacted and provided with one calendar months notice in writing before the removal of all website data, email and any other services held on Mayan Media servers. Re-instating services after their removal is chargeable.

Hosting plans will automatically renew on an annual basis and are provided by 3rd party providers; any cost increases from these providers may result in hosting package prices being reviewed at renewal, Mayan Media reserve the right to alter Client charges upon renewal. Should a Client decide not to renew their hosting plan, one months’ notice in writing is required to terminate.

 

Domain renewals follow the same procedure and will be renewed automatically. We will notify the Client via a renewal invoice one calendar month prior to the renewal date. Mayan Media cannot be held liable for loss of service due to circumstances outside of Mayan Media’s control, such as, but not limited to, server downtime; server upgrades and technical issues. Should the Client experience any server downtime or technical issues, please allow two hours before contacting Mayan Media as service usually resumes as normal after this time period. If issues persist, please notify Mayan Media work will commence to resolve any issues as soon as possible. Should a Client wish to move hosting to another provider, Mayan Media will assist, however, this work is chargeable.

 

BACK-UPS

Mayan Media host certain services on 3rd party servers such as, but not limited to: websites, email, data files and contact forms. We do not back up Client data, it is the responsibility of the Client to make sure that all necessary information required for their business is kept securely within their company. Mayan Media will not accept responsibility for any data loss.

 

EMAIL

Mayan Media provide IMAP email accounts as standard for all packages available. The Standard Hosting Package includes 1 unlimited data IMAP email account. Additional unlimited data IMAP email accounts are chargeable. It is the responsibility of the Client to ensure that IMAP email accounts are backed up in addition to the email server alone, such as by using Microsoft Outlook to export a .pst file. Mayan Media will not accept responsibility for any loss of data.

 

IT SUPPORT

Mayan Media provide IT support to facilitate the set up of email services on a variety of platforms. Support is also offered with back-up systems and networking. Mayan Media accept no liability whatsoever for the loss of data or services due to work being carried out on any Client device. It is the responsibility of the Client to ensure that all necessary documents and data are fully backed up before Mayan Media undertake work. Mayan Media will not accept responsibility for any loss of data.

 

PRINTING

Mayan Media do not offer printing services, we supply print-ready artwork to the specifications required by the Client or their chosen print company. Designs are usually created using a CMYK colour palette and Mayan Media will confirm this when final artwork is created. It is the responsibility of the Client to ensure that printing is completed using this same colour palette as the printed results will differ if other palettes are used. Should printing be required in other formats, the Client must request this and we will provide alternative artwork. The Client must ensure that satisfactory test prints have been obtained, Mayan Media will not accept responsibility for incorrectly printed artwork.

 

ILLEGAL MATERIAL

Mayan Media will not provide print-ready designs for any matter that is believed to be of an illegal or libellous nature, or an infringement of the proprietary or other rights of any third party. The Client indemnifies Mayan Media for any claims and expenses arising from any libellous matter or any infringement of copyright, patent or any other proprietary or personal rights contained in any material printed for the Client, created by Mayan Media. The indemnity shall extend to any amounts paid on Lawyer’s advice in settlement of any claim.

 

TRAVEL EXPENSES

Mayan Media apply travel expenses for work beyond a 10 mile radius of their Head Office in Royal Wootton Bassett, Wiltshire. The rates will form part of the quote and will be agreed prior to any work commencing. Travel expenses for work outside of the UK are the responsibility of the Client and need to be paid in full at least 7 days in advance of the start date of any agreed work.

 

DATA PROTECTION

Personally identifiable information collected by Mayan Media for order processing or from enquiries is stored and used in accordance with the Data Protection Act 1998. Mayan Media is registered with the Information Commissioner's Office (www.ico.org.uk). Client information is only used by Mayan Media for internal database management, online services and marketing additional services to Clients. Please also read our Privacy Policy for further information.

 

VARIATIONS

Mayan Media reserve the right to update and vary these Terms of Business as necessary, the current Terms of Business will always be attached to any quote provided as well as on the Mayan Media website.

 

COMPLAINTS PROCEDURE

Complaints will be responded to within 7 days of receipt and further action will be taken to remedy any issues that the Client may have experienced.

 

TERMINATION

Mayan Media require one months’ written notice to terminate any provided services. Should the Client fail to pay an invoice, Mayan Media reserve the right to cancel all services supplied by serving one months’ notice to the Client. It is the responsibility of the Client to ensure that anything provided by Mayan Media is backed-up as once notice is served all data held will be deleted from any server or online service controlled by Mayan Media without notice. This extends to emails, website files and online platforms.

 

LAW

These Terms of Business and all other express terms of the contract are governed and construed in accordance with the laws of England and Wales.

 

 

E&OE. MAYAN MEDIA 01.04.2016

 

 

 

ABOUT US

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CONTACT US

Mayan Media was started in April 2012. We provide a simple, fast design solution to local Swindon businesses producing websites, logos, branding, video production and IT solutions.

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Tel: 01793 232888

Email: info@mayanmedia.co.uk

Mayan Media

Manor House Enterprise Centre, High Street,

Royal Wootton Bassett, Wiltshire SN4 7HH

MAYAN MEDIA | MANOR HOUSE ENTERPRISE CENTRE | HIGH STREET | ROYAL WOOTTON BASSETT | SWINDON | SN4 7HH | TEL: 01793 232888

 

 © Copyright Mayan Media 2016