Terms.

On all websites hosted by Publicity Matters, a hosting charge will be invoiced on an annual basis starting on completion of the website unless agreed otherwise in writing. No clients or third parties will be granted FTP (File Transfer Protocol) access to our servers or any of our affiliates. One pop email account is provided, all additional email addresses will be forwarded to this or another email address which must be provided by the client. Publicity Matters take no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. Publicity Matters take no responsibility for the content of emails including attachments and viruses.

Cancellation of any website will result in the withdrawal of the hosting package after 72 hours. All hosting packages are non-refundable. Website hosting will be renewed automatically as part of the initial contract, should you wish to cancel your hosting package you must let us know in writing no less than 30 days before the date of renewal. If we do not receive notice of this period you will be charged for the full years hosting as monies will have been paid by Publicity Matters on the client’s behalf. It is the clients’ responsibility to ensure written notification has been received and proof of posting should be retained.

We can provide technical support on an adhoc basis for products/services Publicity Matters provide for your company. Where there is a problem/discrepancy with the product/service we provide for your company you will not incur additional charges.

Technical support by telephone relating to all other queries, will be charged at our hourly rate for the length of time required to complete the query.

If the problem is resolved directly over the telephone conversation you will incur our minimum charge of £49.95 or the length of the phone call (to the nearest 15 minutes), whichever is greater. This applies to each query.

Domain names are charged annually and will be invoiced immediately on purchasing the domain. Domains will be renewed automatically on an annual basis. Should you wish to cancel your domain(s) written notice must be received by Publicity Matters no less than 30 days before the date of renewal. If we do not receive notice of this period you will be charged for the renewal of your domain for the year as monies will have been paid by Publicity Matters on the client’s behalf.

It is the client’s responsibility to ensure written notification has been received and proof of posting should be retained. Should the client request domain names purchased by Publicity Matters on their behalf be transferred to another host, a administration fee of £29.95 (inc VAT) will be charged and must be paid prior to the transfer taking place.

Any systems, including eCommerce and Content Management System, provided to the client remain the intellectual property of Publicity Matters and as such no access is given to the source code or database. Systems cannot be transferred away from our provided hosting solution. Publicity Matters eCommerce solutions are often bespoke to meet the clients requirements exactly.

E-commerce/CMS systems will be provided as an empty shop/site, and training will be given to the client(s) on using the system unless otherwise agreed. A delay in the client populating the e-shop/site will not be accepted as a reason for delayed payment as, once it is ready to be populated and training has been given, Publicity Matters job is done. Publicity Matters offers a service to populate the client’s shop site/CMS on their behalf, and prices are available on request for this service. This does not include any photography, and where clients feel unable to create their own imagery of products, a photographer must be sought. Publicity Matters are happy to recommend independent photographers where necessary, but the contract will be between the client and said photographer. Additional training and support packages are available, and again the prices for these services are available on request.

Publicity Matters guarantees all of its websites provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by Publicity Matters proving to be faulty or defective will be repaired / replaced free of charge to the working standard equivalent to launch.

Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to Publicity Matters. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnifyPublicity Matters from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.

Upon request quotes will be provided detailing specific job requirements as set out by you and/or your company. This quote is an estimated figure based on the original information provided. Your quote will contain the number of estimated hours needed to complete the job by our consultants.  All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.

Should you wish to accept the quote which we have provided; each individual page of the quote must be signed and returned to us by fax or e-mail. It is your responsibility to ensure we have received the signed quote.  We will then provide you and also obtain a delivery date for the work requested.

Publicity Matters reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

Publicity Matters accept no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.

Publicity Matters accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Publicity Matters.

Publicity Matters accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Publicity Matters shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond Publicity Matter’s control.

Jobs put on hold or cancelled by the client during production will be invoiced at current stage and materials. This invoice must be paid in full together with any VAT falls due accordingly.

We will apply a minimum charge of £49.95 (inc VAT). Each individual query will incur this charge as minimum.

All work carried out at customer’s request shall be charged, whether experimentally or otherwise.

The bulk of our invoices are raised on the last working day of the month. All invoices are payable in full no later than 30 days from the invoice date.

The company reserves the right to charge 8% above the Bank of England base rate. This will be chargeable from the date in which the invoice became overdue and will continue to incur charges on a daily basis until the invoice is settled in full. Any overdue invoice may result in services being suspended. Publicity Matters reserves the right to cancel a client’s website/domain name etc for all overdue invoices without prior notice, which may result in domain names being released for purchase by another company.

Any costs incurred in collecting an overdue account will be charged direct to you, our client, including all court fees, interest, & solicitors’ fees. If you have any queries with an invoice it must be brought to our attention; in writing, no later than 30 days from the date of the invoice. Failure to do so within this time period will result in the original invoice amount outstanding.

Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, Publicity Matters, without prejudice to other remedies, shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.

Publicity Matters agrees to keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.

We may transfer information about you to our bankers/financiers for the purposes of providing services and for the following purposes:

• Obtaining credit insurance
• Making credit reference agency searches
• Credit control
• Assessment and analysis (including credit scoring, market, product and statistical analysis)
• Securitisation
• Protecting our interests

We will provide you with details of our bankers/financiers or any credit reference agencies used on request.