The following Terms and Conditions of Service apply to all products and services provided by MeD8 Media.

All work is carried out by MeD8 Media on the understanding that the client has agreed to MeD8 Media’s terms and conditions.

Copyright is retained by MeD8 Media on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by MeD8 Media as fulfilling the contract. All other designs remain the property of MeD8 Media, unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, MeD8 Media will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on MeD8 Media’ website.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to MeD8 Media. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept MeD8 Media’ terms and conditions. No work on a project will commence until either document has been received by MeD8 Media.

Design Charges

Charges for design services to be provided by MeD8 Media, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee for orders above R1100 will become immediately due and for orders below R1000 the full amount is due immediately. Work on the project will not commence until MeD8 Media has received this amount. Complimentary artwork is limited to a set number of given revisions (3 revisions). MeD8 Media has the right to refuse additional artwork/revisions.

Charges for Other Service

Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with an Approval Form and/or Review of the work provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and submit the Approval Form to MeD8 Media. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.

Payments may be made by cash (E-wallet 061-443-6508) and electronic funds transfer (EFT)

Publication and/or release of work done by MeD8 Media on behalf of the client, may not take place before cleared funds have been received. Once payment has been made, there will be no reimbursement of funds unless agreed by MeD8 Media in writing.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice. MeD8 Media shall be considered entitled to remove MeD8 Media and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design and maintenance, Websites, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay MeD8 Media reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to MeD8 Media for inclusion in the customer’s business cards, flyers, pamphlets, website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by MeD8 Media on behalf of the customer, will remain the property of MeD8 Media.

The customer may request in writing from MeD8 Media, the necessary permission to use materials (for which MeD8 Media holds the copyright) in forms other than for which it was originally supplied, and MeD8 Media may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to MeD8 Media, the customer grants MeD8 Media permission to use this material freely in the pursuit of the design.

Should MeD8 Media, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow MeD8 Media to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold MeD8 Media free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The customer 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 customer also agrees that MeD8 Media holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by MeD8 Media, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of MeD8 Media and any of it’s relevant sub-contractors.

All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. MeD8 Media will not be held responsible for any and all damages resulting from such claims. MeD8 Media is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold MeD8 Media responsible for any such loss or damage. Any claim against MeD8 Media shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to MeD8 Media’s definition of acceptable means of supplying data to the company. Text is to be supplied to MeD8 Media in electronic format as standard text (.txt), MS Word (.doc) via e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by MeD8 Media via WhatsApp or e-mail (highly recommended). Images must be of a quality suitable for use without any subsequent image processing, and MeD8 Media will not be held responsible for any image quality which the client later deems to be unacceptable. MeD8 Media cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

Design Project Duration

Any indication given by MeD8 Media of a design project’s duration is to be considered by the customer to be an estimation. MeD8 Media cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by MeD8 Media for the initial payment or by date confirmed in writing by MeD8 Media.

Rights of Access for Website Construction

The client agrees to allow MeD8 Media all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow MeD8 Media access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The customer agrees to supply MeD8 Media with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion

MeD8 Media considers the design project complete upon receipt of the customer’s review and signed approval or emailed statement accepting approval. Other services such as printing, display panel production, Filmworks, website uploading, publishing etc., either contracted on the clients behalf constitute a separate project and can be treated as a separate charge. Once a project has been designed and emailed, there will be no refunds.

Project Abandonment

If after repeated attempts to begin, continue, or finalize the delivery of services, Customer fails to participate, or becomes otherwise unresponsive to MeD8 Media’s requests for a period of two (2) months, the project may be considered abandoned, and MeD8 Media may reduce any refund the Customer may otherwise be entitled to hereunder to zero, and Customer will have forfeited all rights to receive any refund for services purchased or as described in the original invoice. MeD8 Media may issue customer credit for future services at its discretion.

Website Design Only

Once web design is complete, MeD8 Media will provide the customer with the opportunity to review the resulting work. MeD8 Media will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to MeD8 Media by e-mail.

MeD8 Media will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

Kids’ Privacy

Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.

Hosting Websites

MeD8 Media does offer in-house hosting services which are to be paid full upfront. MeD8 Media can also recommend possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. MeD8 Media may request that clients change the type of hosting account used if that account is deemed by MeD8 Media to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client and MeD8 Media are not liable for their payment.

Domain Registration

MeD8 Media cannot guarantee the availability of any domain name. Where MeD8 Media is to register a domain name on behalf of a client it will endeavour to do so, should the proposed domain name be unavailable, alternative domains will be proposed to the client for approval.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, MeD8 Media cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

Design Credits

The customer agrees to allow MeD8 Media to place a small credit on printed material exhibition displays, advertisements and/or a link to MeD8 Media’ own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow MeD8 Media to place websites and other designs, along with a link to the client’s site on MeD8 Media’ own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal

MeD8 Media will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. MeD8 Media also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that MeD8 Media does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow MeD8 Media to remove the contravention without hindrance, or penalty. MeD8 Media is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, MeD8 Media will need formal notification in writing. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by MeD8 Media within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

MeD8 Media makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. MeD8 Media will not be held responsible for any and all damages resulting from products and/or services it supplies. MeD8 Media is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold MeD8 Media responsible for any such loss or damage. Any claim against MeD8 Media shall be limited to the relevant fee(s) paid by the customer.

MeD8 Media reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. MeD8 Media will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

MeD8 Media and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. MeD8 Media recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

Binding Arbitration

The parties to this contract agree that any and all disputes that cannot be settled in good faith by the parties shall be resolved through binding arbitration using the Arbitration Foundation of South Africa.  It is further agreed that the cost of binding arbitration shall be shared equally by MeD8 Media and the Client.  It shall be clearly understood that any disputes that may arise are confidential with no public comment permitted in any form by either party relating to the dispute.  The results of any Arbitration proceeding shall also be confidential with no public comment by either party permitted in any form relating to any award. The parties agree that any breach of this provision shall constitute a wilful breach of contract.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. MeD8 Media reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by MeD8 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 MeD8 Media.

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