Terms and Conditions
Please, read these terms carefully. By using the products and/or services of Charcmode Media you agree to abide by these Terms & Conditions.
These Terms and Conditions (T. C. ) and any additional Terms of Sale (T.O.S.) or contract specific to a project, service, special offer or promotion set out the entire agreement between Charcmode Media and the Client.
By hiring and/or using Charcmode Media services (whether by accepting our service/s and/or fees, and/or you have made payment, in part or full as a Client for any job, task or project by Charcmode Media) You, the Client, agree to be legally bound by these Terms & Conditions of Service.
DESCRIPTION & DEFINITIONS
In these terms and conditions, Charcmode Media, Charcmode and all services related to it, and all text, images photographs, user interface, “look and feel”, data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as “Charcmode Media”, “Charcmode”, “https://www.charcmode.com”, “Charcmode.com”, “CM”, “Us”, “We”, “I”, “Website” or “Service”.
“Client” is defined as representing one business (company or entity) or person (sole trader) or individual. Client may also be referred to as “you” or “himself/herself” or “his/her” or “their” or “site owner” in this document. Client may also be referred to as the staff member, employee, agent or third party on behalf of the Client.
Charcmode Media provides the client various services including, but not limited to:
– Website Content Modification
– Website Aftercare
– Custom Website Creation and Designs
– Web and Internet Consulting
– Website Packages
– Website Management
– SEO – Search Engine Optimisation
– Digital Marketing
– Logo Design
– Online Advertising
– Social Media Package
Contact and Questionnaire Forms
By submitting a contact form or email or quote form or questionnaire via this website it is in no way an indication that we shall or will do the work detailed in your email or form or questionnaire. Charcmode Media will not be responsible for any misunderstanding on behalf of the client to act on an email that they may have sent. It should also be noted that unless clearly detailed in an email by Charcmode Media any conversations cannot be confirmed until a written document supports said conversation. An email or other written document shall be the last resort for deciding what was said and what work should be carried out. All official Charcmode emails shall be sent using either firstname.lastname@example.org or email@example.com and no other.
A task, job or project will be considered complete where either the Client approves the task, job or project as being completed or where Charcmode Media determines that the task, job or project is completed according to the project scope or the task/job definition and parameters as set out in the written agreement or email.
Charcmode Media may supply the Client with domain name registration, web and email hosting services and information, custom website creation, website design, digital marketing services and consulting services and so on in accordance with the product and/or service the Client has requested. Any delay on behalf of the Client in fulfilling a request for more information, content, text or other material required to complete the job within the given time-frame/deadline shall not be the fault of Charcmode if the end completion time or date surpasses that of the original deadline or launch date.
A project scope defines and sets out what work or service or item or feature is to be included and/or completed for the project in question. The descriptions and definitions and parameters in a project scope are intended to be clear to Charcmode Media and the Client as well as to any third party to judge and finalise the interpretation of any part of a project scope and the relevant task, job or project.
An estimate is an approximation of the hours, days or fees required to complete or deliver a task, job or project. Any final invoice or fee for the work approved by a Client based on an estimate will usually be close or similar to the estimated figure excluding variations to the project or changes in the scope. However, an estimate is not a fixed price and should not be viewed by a Client as such. An estimate is a guide to the final price only.
Charcmode Media will sometimes use an estimate during the early stages of project discussions or for ad-hoc works where Client and Charcmode Media have together approved this billing/engagement model.
Charcmode Media will usually follow up an estimate by providing a retainer invoice or invoice where the Client has given a general approval for the estimated fee or cost.
A retainer invoice or invoice is a specific fee or price that we set down for the requested task, job or project. It will include parameters and defined deliverables. A retainer invoice or invoice will not vary as it is fixed. Any variations to the retainer invoice or invoice or requirements requested by the client will be quoted separately with a set fee or price for that job or project or task.
PROPOSALS, ESTIMATES AND QUOTES:
In response to a request for service or a specific product or service request, Charcmode Media may produce a proposal that will remain valid and open for acceptance by the Client for up to 14 days, unless otherwise agreed or stated by Charcmode Media, from the date of issue that may include any of the following:
Creative Brief / Proposal
Job / Task Definition
Description and Features
Fees and Charges
Any other specifics or TOS related to the product, service or special offer
Charcmode Media reserves the right to withdraw a proposal or quote at any time. Charcmode may refuse service on the basis of lack of communication or delay in providing material or any other reason/s that are not in keeping with our ethos.
By approving any estimate or project contract, verbally or in writing, a Client agrees to be bound by these terms and conditions and to pay to Charcmode Media the agreed fees set out in the quote or project contract when Charcmode Media requests payment or as otherwise set out in the quote or the project contract.
INVOICES, SUSPENSION AND TERMINATION
All pricing is given in £ / UK Pounds / GBP.
Charcmode Media invoices are due on the date of issue and are payable upon receipt by the Client. Any outstanding invoices for work completed or services provided to the Client by Charcmode Media requires payment in full, due on receipt of the invoice unless otherwise agreed to in writing between the parties. On completion of a task, job or project the client is obliged to pay any balance of the invoice in full.
Fees Due in Advance for Service
Some services including, but not limited to, labour, hosting, domain registration, taxes/fees are due in advance for the applicable period as noted in the invoice or email. Such fees and the related invoice must be paid in full prior to the commencement of the applicable service period be that one week or less/more than that.
Quote, Job or Project Completion
Once a Client approves the job or task to “go live” or where Charcmode Media defines the job or task as being “completed”, an invoice will be issued to the Client with payment on that invoice due immediately unless otherwise agreed to in writing between the parties.
Any warranty work that Charcmode Media will carry out to fix / correct any bugs or faults in the website or system as reported by the Client or as found by Charcmode Media that may be covered by warranty or by the scope of the task, job or project will be completed as soon as reasonably possible by Charcmode Media.
A revision, where possible or allowed and applicable, to the design or function of the website or system that may be included in the scope of the task, job or project will be completed as soon as possible by Charcmode Media.
Charcmode Media reserves the right to postpone or delay or refuse warranty fix work or revisions or enhancements to a website or system for the Client if the Client has overdue outstanding invoices for any job, task or project.
Project Contract Payment Milestones
For each project contract, there are payment milestones that may occur at various stages or points during the timeline of project. For each payment milestone, a fee is due as set out per contract which will be invoiced at the time of the payment milestone being reached with payment by the Client on that invoice due immediately unless otherwise agreed to in writing between the parties.
If the client defaults on their payment or otherwise fails to pay their account with Charcmode Media as per the terms under this agreement, Charcmode Media reserves the right to suspend services and to apply administrative fees of between £2.50-£5.00 per hour, plus any other costs that may have been incurred, to reactivate the services.
Hosting fees, Domain Registration fees, Private Email fees, Domain Privacy Fees and all such third party fees, as well as all Charcmode Media admin fees, unless otherwise specified, are non-refundable for the term / service / product paid for by the Client.
Unless otherwise stated; where a deposit is mentioned as part of a package or otherwise as part of any service offered by Charcmode this deposit shall be non-refundable once administration and/or project set-up work has commenced.
If the client chooses to discontinue the services supplied by Charcmode Media and the Client has paid all monies owed to Charcmode Media, Charcmode Media will help the client to transfer their Domain Name to another provider/agent if requested to do so by the Client. Charges to the Client may apply if the work required or requested to complete the transfer falls within 6 months of the project launch date as specified by Charcmode.
Charcmode Media may opt to discontinue services if an amount payable to Charcmode Media is overdue or to take down a website permanently in any case where an amount payable is overdue by more than 30 days. In any such event, the client remains liable for the total cost of the contract including all disbursements; unless otherwise agreed in writing between Charcmode Media and the client.
Charcmode Media may terminate any agreement immediately if the client breaches any of these Terms & Conditions, or if he/she is a company going into insolvent liquidation, or if the client, he/she, is declared bankrupt.
Ownership of certain products/sites remains with Charcmode Media until payment in full is made to Charcmode Media by the client.
Charcmode Media reserves the right to discontinue services and terminate the Client at the sole discretion of Charcmode Media where Charcmode Media provides the Client notice in writing of said termination.
Upon default by the Client in regard to any obligation under their agreement with Charcmode Media and where the Client fails to rectify the default after notification by Charcmode Media, the Client authorises Charcmode Media to notify any debt collection agency of the default and charge said debt collection agency with collecting the outstanding debt owed to Charcmode Media by the Client.
Should this occur then at Charcmode Media’s sole discretion it may terminate the contract and/or service being provided to the Client at which time the full outstanding balance for the remainder of the minimum term in the relevant agreement or payments shall be due in full.
DIRECT DEBIT AGREEMENTS:
Direct Debit agreements may be offered to a Client on a minimum term or no minimum term basis
Clients pay an initial payment on the date and for the amount specified on the Agreement. Debits then commence on the same day of every month (or as per the individual Direct Debit Request agreement).
WEBSITES – PROMO’s & DISCOUNTS:
Special offer discounts and reductions shall not apply to the basic package.
Free websites shall apply to the basic package only. The free website application is valid for one month only and to one client only. The free website package shall consist of our basic package and does not apply to other packages. Extra features and/or pages shall not be part of the package unless paid for separately. The process to qualify for a free website is:
1. To contact us in June
2. Email the code displayed on the banner.
3. Fill out the project quote form
4. Read the these terms and conditions on this page.
5. You shall be given a raffle ticket number and be entered into a draw. The draw shall be advertised and shown on our you tube channel and Facebook page. You may want to subscribe so you do not miss the draw. The winner shall be contacted via email.
6. Full transparency is important to us as well as the public. As part of the process we will need to show our winners first and last name only. We would prefer an area location also, so for example ‘John Smith of Mitcham’. Your phone number, email and any other private information shall not be made public.
The winners website shall be advertised and people may wish to contact you using any contact details you provide on your website.
We are sorry we that we are not able to offer a free website to everyone in June but you may wish to enter for the following year.
You shall have forfeited the contest by default if you are found cheating or you have not followed the process or you dispute the terms and conditions after you have submitted your details/form or you misrepresent any information you forward to us. Only one entry allowed per the month of June.
Leaflets & Flyers:
Unless stated otherwise, whether within email or on the Charcmode website or on the leaflets, promo offer prices and reductions shall be valid for the period of no more than 21 days from the day of leafleting unless the period is/was extended.
To ensure completion and acceptance of your discount amount the discount / promo code should be emailed to us via the contact form/s or email on this website or sent using our skype handle or using our whatsapp number or via regular text. It should be stated in text / writing, a phone call will not usually suffice.
The Basic Package:
The advertised fee for the basic package displayed on this website may not include the cost of domain name purchase or hosting. This is a labour fee and may not be inclusive of any SSL certificate or GDPR or SEO or other features. This fee is for the set-up of hosting and/or domain name and website platform once the client has ready the necessary funds to activate the set-up process.
Charcmode is not a provider of domain names or hosting packages. Domain and hosting have various prices depending on the service provider. The type of hosting and duration time that each client requires will also differ. Charcmode cannot predict or cover unspecified costs or changing costs of individual third party hosting service providers. Charcmode Media may, if asked to, help with domain name selection or branding for business purposes.
Monthly Package Website – Ownership:
Where activation of a website or website package is requested of Charcmode Media then the control and code of all Monthly Package Websites remains the property of Charcmode Media throughout the period until such a time as the website is fully purchased by the client at which point the ownership of the website and any code or passwords are transferred to the client.
This control includes cPanel, hosting admin and site admin access which Charcmode Media does not provide to clients under any circumstances, until payment is completed in full.
Website Content – Ownership:
The ownership and copyright of the website content including all text, images, multimedia as supplied by the client remains with the client at all times unless otherwise bound by these Terms and Conditions or unless otherwise agreed.
Charcmode Media is the copyright owner of all works created or developed by Charcmode Media for a client unless otherwise agreed to in writing. When payment for the product or service is made in full by the client for the product or service, the client is licensed to use the product or service for its intended use within the context of their business and the product itself. However, the client is restricted from selling the product or promoting the product as their own unless otherwise agreed in writing with Charcmode Media.
Charcmode Media claims no intellectual property rights to works created by any third party designers or developers that may be used from time to time, such rights remain with the relevant third party.
As a creator of copyright material, Charcmode Media has the following rights:
To be attributed when its work is used;
Not to have its work falsely attributed to someone else, nor to have the work altered and the altered work attributed as if it were unaltered; and not to have the work treated in a manner that would prejudice Charcmode Media’s honour or reputation.
INTERNATIONAL LICENSING REQUIREMENTS
Charcmode Media may display its own copyright and intellectual property notices, branding or logo on any websites that Charcmode Media creates or develops and the client must not remove, obscure, deface or alter such copyright and intellectual property notices except by agreement in writing with Charcmode Media.
The client agrees that in the provision of web design services by Charcmode Media we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and data, provided to us by you, unless you specify otherwise.
In the event any material necessary for the production of the project must be passed on to a third party, Charcmode Media will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
NON EXCLUSIVITY AGREEMENT
The client acknowledges that Charcmode Media is providing services to the client on a non-exclusive basis and that Charcmode Media may provide services and products of the same or a similar nature to any other party (provided that in doing so it does not breach privacy).
Charcmode Media shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any items unless specifically agreed otherwise. Further, Charcmode Media shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
Charcmode Media retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.
WARRANTIES & LIABILITIES
Charcmode Media provides a limited warranty for websites and systems that are developed and designed by Charcmode Media. This warranty is valid for up to 30 days from the date of launch of the website or system or from the date that Charcmode Media determines that the website or system is ready to launch unless otherwise agreed to in writing between the parties. This limited warranty applies to works performed by Charcmode Media that are “in scope” for a project scope and contracted project or that are clearly specified in the applicable written quote.
Where applicable for any bug or problem or fault with the noted or reported function or element that is covered by this limited warranty where the function or element is deemed to be “not working” when assessed by Charcmode Media against the project scope or the written quote specifications, Charcmode Media shall attempt to “fix” the bug or problem or fault in the website or system at no cost to the Client where Charcmode Media determines that the bug or problem or fault is because of recently completed works performed improperly or incompletely by Charcmode Media during the execution of the works in question.
This warranty is voided if the Client or a third party acting on behalf of the Client is issued with FTP or Shell or MySQL or similar access to the website / system hosting or the relevant hosting control panel.
This warranty may be voided if a Client or a third party acting on behalf of the Client installs any extensions or plugins or additional software into the website or system without the express written notice and or approval of Charcmode Media.
This warranty does not include / cover any issues or faults or incompatibilities that are caused by third party software, systems, extensions, plugins or similar.
This warranty shall be voided once handover of maintenance of the website becomes that of the client and the client has made alterations or modifications to the website after handover.
Charcmode Media will ensure that any site or application will function correctly at the time of the website development and going “live” when viewed with the current versions of the following internet browsers; Microsoft Internet Explorer, Mozilla Firefox, Google Chrome and Apple Safari, unless otherwise agreed in writing.
Charcmode Media can offer no guarantee of correct function with all browser software in future releases of any internet browser. However, Charcmode Media will offer and provide a quote for services to modify the website (where possible) to cause the site to correctly function and/or correctly render in the changed version of an internet browser.
Where any Client or agent or party acting for or on behalf of the Client acts on or in the website or system that causes disruption or error to the website or system, Charcmode Media is not liable and the Client will be liable for any and all costs associated or incurred with fixing the error or disruption.
Search engine optimisation services
Whilst Charcmode Media shall try to improve the position of the client’s Website in the Search Engine results in response to a search request, we do not warrant that this effort will be successful nor can Charcmode Media warrant the time of any position held in a search engine ranking. Search engine algorithms are updated frequently and other factors, outside of our control, may also affect your rankings, whether positively or negatively.
Charcmode Media cannot be held responsible for any changes to the position of the client’s Website in the Search Engines results pursuant to our provision of search engine optimisation services.
Copyright and Intellectual Property
Charcmode Media is not responsible for the contents and data of any Web Site we design for the client, and upon publication the client must satisfy themselves that the website will comply with all applicable laws, and codes of practice governing the use of websites and related services. This includes the intellectual property and copyright ownership of all material that the client has provided to us.
Charcmode Media is similarly not responsible for the client’s subsequent use of the site and compliance or lack of compliance of various Commonwealth and State Legislation.
Charcmode Media is not responsible for the client’s choice of domain name and the legal consequences that the domain name use could occur relating to the Trademark and Competition or the governing laws. The Client should also check that the name chosen does not clash with any similar sounding name that may already exist on Companies House business name listings. This shall not be the responsibility of Charcmode to do so.
Data and Proofing
Charcmode Media shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client.
Charcmode Media is not responsible or held liable for any errors contained in the final product after acceptance by the client of the final product.
Charcmode Media cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and reserves the right to refuse use of any such material unless proof of permission is provided if requested.
Charcmode Media will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site / downtime, servers, software or any material as provided by the hosting company.
In no event will Charcmode Media be liable to any party including the client for any indirect, punitive, special, incidental or consequential damage or loss, financial or otherwise, in connection with or arising out of these Terms (including for loss of profits, use, data, or economic advantage), regardless of how it arises. The client will indemnify Charcmode Media from and against any claim by any party claiming any such damage against Charcmode Media.
Charcmode Media may from time to time and without notice or liability to the client suspend any of the services if the reason for doing so is an event beyond the reasonable control of Charcmode Media.
Charcmode Media will not be liable or become involved in any disputes between the site owner, their clients or their agents and Charcmode Media cannot be held responsible for any wrongdoing on the part of a site owner.
Privacy & Cookies Policy
Should these terms and conditions and any agreement entered into with Charcmode Media arise in a “legal” dispute it shall be governed by and interpreted in accordance with the law of the land. For the time being enforced in the State of England and Wales, United Kingdom, and the Client persons shall submit to the jurisdiction of the State of England and Wales, United Kingdom.
Updates and Revisions to the terms:
Previous Update: December 2019 – Latest Update: January 2020 (@ section: Website Packages to include; promo discounts and reductions).
Thank you for taking the time to read and understand these terms and conditions, our apologies for any typos. We occasionally review and edit the above information in an attempt to reduce any errors. We make no apology for the amount of information in these terms and conditions as all of the above is important in protecting us and you from any misunderstanding or litigation.