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By placing an order with Pentad Media, you confirm that you are in agreement with and bound by the terms and conditions below. The following terms and conditions are intended to be fair to all parties concerned and to aid in the supply of services. This agreement represents the complete agreement and understanding between Pentad Media and the client. All services provided by Pentad Media to the Client are subject to the following terms and conditions.

Definitions/Terminologies:
The Client/Clients: The company or individual requesting the services of Pentad Media.
Pentad Media: Contractors providing website design and development services.

1. Acceptance. A copy of these terms and conditions must be signed by all new Clients at the time of submission of work to Pentad Media, indicating agreement to and acceptance of these Terms and Conditions.

Before commencing a piece of Work, Pentad Media will provide a Project Document detailing what Work is to be carried out, including a Quote or Estimate. The Client must confirm in writing its acceptance of that Project Document. If client wants Pentad Media to work on his behalf and suggest a best possible solution, a standard hourly rate will be charged. It is upon clients discretion that if he/she wishes to continue or not.

2. Charges. Charges for services to be provided by Pentad Media are defined in the project quotation that the Client receives via post or e-mail. Quotations are valid for a period of 30 days. Pentad Media reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design, graphics and any programming code services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Charges for web design work does not cover the release of source png or fla files; if the Client requires these files, they will be subject to a separate quotation. The website, graphics and any programming code remain the property of Pentad Media until all outstanding accounts are paid in full.

Payment for services is due by cash, cheque or bank transfer. Cheques should be made payable to Pentad Media and sent to Pentad Media, 7 Ravenings Parade, Goodmayes Road, Ilford, Essex IG3 9NR. Bank details will be made available on invoices. If payment is not made, any uploaded work will be removed from the server until full payment is made. Any payment returned by the bank will incur a 25 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.

3. Client Review. Pentad Media will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Pentad Media otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control. Pentad Media will install and publicly post or supply the Client's work by the date specified in the project proposal, or at date agreed with Client upon Pentad Media receiving initial payment, unless a delay is specifically requested by the Client and agreed by Pentad Media.

In return, the Client agrees to delegate a single individual as a primary contact to aid Pentad Media with progressing the commission in a satisfactory and expedient manner.

For website orders only: The client agrees to make available to Pentad Media within one-week of commencement all materials required to complete the work to the agreed standard and within the set deadline. In the event that the project is delayed past the specified time estimated for completion due to failure to produce the necessary material for completion, Pentad Media reserves the right to use standard filler text where appropriate and charge data entry fees at standard hourly rates, or to impose a surcharge of up to 25%. Pentad Media recommends that clients proceed only when they are ready and able to fulfil these obligations. Clients may at any time contract the web copy writing services of Pentad Media.

If at any point during the design and development cycle a client wishes to cancel the commission of service, they may do so but will be invoiced an amount that Pentad Media judges at its sole discretion to be proportional to the amount of work completed on the commission.

If, during the design and development cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Pentad Media will consider that the client wishes to cancel the commission.

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

5. Alterations. The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that Pentad Media holds no responsibility for any amendments made by any third party, before or after a design is published.

6. Website Updates and Modification Rates. Lots of people don't want the hassle of website content management and if you are one of these we can make changes to your site upon request. We are not in the business of holding people to ransom for this and our minimum charge is only 35.00.

This will cover most text and minor image changes that you require. If the changes are very minor we may not even charge you for this or just add them to your next bill. If you need more extensive changes we will quote you a very reasonable price for these. Pentad Media does not undertake to maintain or update a client's website as part of the design commission. If a client wishes Pentad Media to maintain or update a web site as a separate commission, we will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.

7. Payment. Invoices will be provided by Pentad Media upon completion of the work for Web and Graphics Design and any associated services. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or 30 per month of the total amount due.

8. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Pentad Media's Web space, Pentad Media will, at its discretion, remove all such material from its web space.

Pentad Media is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will be assessed a return charge of 25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Pentad Media reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Pentad Media in enforcing these Terms and Conditions.

9. Termination. Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

10. Legal Restrictions. Terms and Conditions relating to hosting account content and usage can be provided on request.

11. Copyright. The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Pentad Media the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Pentad Media permission and rights for use of the same and agrees to indemnify and hold harmless Pentad Media from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Pentad Media that all such permissions and authorities have been obtained. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

12. Standard Media Delivery. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Pentad Media to return to the Client any images or printed material provided for use in creation of the Client's work, such return cannot be guaranteed.

13. Design Credit. A link to Pentad Media will appear in either small type or by a small graphic at the bottom of the Client's website or graphics design work. If a graphic is used, it will be designed to fit in with the overall design. If a client requests that the design credit be removed, a nominal fee of 10% of the total design and development charges will be applied. When total design and development charges of a website are less than 5000, a fixed fee of 500 will be applied.

14. Access Requirements. If the Client's website is to be installed on a third-party server, Pentad Media must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

15. Post-Placement Alterations. Pentad Media cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

16. Domain Names. Pentad Media may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Pentad Media. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

17. Liability. Pentad Media hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise. The entire liability of Pentad Media to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

18. Severability. In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.

19. Disclaimers. Pentad Media does not guaranty that the functionality of the Website will be uninterrupted or error free.

20. Limitation of Liability. Pentad Media will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) in relation to your use of the Website. Once a website has been designed and completed, Pentad 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.

21. Acceptance of Quotation and Terms and Conditions. The placement of an order for development and/or any other services offered by Pentad Media and validated by the customer's signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Pentad Media.

22. General. These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.

23. Governing Law. This Agreement shall be governed by English Law.












8th Floor, Becketts House
2-14 Ilford Hill
Ilford
IG1 2QX

Tel: 0800 975 5292
Fax: 0870 900 9293
Email: hello@pentadmedia.com
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