All rights reserved © 2009—Tojam Media
All fees are to be specified by Tojam Media and agreed upon by the Client before commencement. Unless confirmed otherwise in writing, one half of all fees shall be payable before work begins . This relates to all work, whether it is photography, graphics or web site design. The remaining half of the fees are to be paid in full prior to the web site being placed on the World Wide Web at its final location, and are due within 14 working days after notification of completion via telephone, or email. For photographic and graphic work, all fees are payable within 14 days of completion of the work. In the event of a Client wishing to delay final payment, a surcharge of 10% will be made on the outstanding amount. Tojam Media reserves the right to delay placement of the web site or delivery of web pages until final payment is received in full. All work will remain the property of Tojam Media until payment is received in full. All payment will be made in Pounds Sterling.
If Client wishes to make any minor changes in text after the completion of the web site, this is acceptable under the terms of this Agreement. If the Client wishes to make excessive changes in text, or any change in graphics or layout whatsoever once pages are completed, Tojam Media reserves the right to charge the Client additionally at £35 per hour.
In order to install the web site in question, Tojam Media must be granted read/write access to the Client's storage directories; those directories must be accessible via FTP. Depending on the project, other resources may need to be configured on the server end.
If necessary, Tojam Media will arrange Domain Name Registration and server space allocation with a preferred supplier. Tojam Media will not be responsible for any malfunction of the web site due to individual computer or browser problems, or any server problems. The page will be designed and tested on Internet Explorer and Firefox standards based browsers, and Tojam Media cannot be held liable for malfunction of the site when viewed in a legacy browser not employing W3C recommended standards.
This Agreement includes code elements and images being custom created for the Client. This software technology is purchased by the Client for a one-time fee and is limited to installation and usage by that the Client only on one "site" of connected documents on one "server". Such code or images may not be distributed or re-licensed without the express written consent of Tojam Media.
Tojam Media will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other supplied material, with the exception of the Client company name, logos, and any other copyrighted or trademarked material supplied by the Client. Every contract for page design and placement shall be regarded as a guarantee by the Client to Tojam Media that all such permissions and authorities have been obtained. The Client represents to Tojam Media and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Tojam Media for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Tojam Media and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
This Agreement assumes that all text is provided by the Client in electronic format (.txt, .html or .doc by e-mail or ftp retrievable), all photographs and other graphics are provided in high quality print suitable for scanning or in a .gif, .jpeg or .psd (PhotoShop) format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media, purchase of graphics, photography or video and outside facility charges.
Cancellation of orders for authoring or placement may, in the first instance, be made by telephone or e-mail, but must be confirmed in writing.
The Client will be invoiced for authoring work completed to the date of first notice of cancellation for payment in full within 30 (thirty) days. The full amount of the order must be paid if the cancellation is not confirmed in writing within 10 (ten) working days. This Agreement shall be governed by the laws of England which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement.
Tojam Media will provide the Client with an opportunity to review the appearance and content of the Client's materials once they are scripted. Such scripted materials will be deemed to be accepted and approved unless the Client notifies Tojam Media otherwise within 5 (five) working days of the date Tojam Media sends proofs of such scripted materials to customer via email, or World Wide Web address.
Additionally, Tojam Media may submit individual pages for approval during the course of web site creation. While these pages may not be entirely completed, they will serve for the Client to approve the layout, text, and/or graphics.
The Client must give Tojam Media or its appointed agents "on demand" access to the installed designs and the Client further agrees that Tojam Media shall have the right to remove that design from public posting for failure to adhere to the terms of this Agreement, including violating any licensing agreements or failure to pay fees duly assessed, until the Agreement is terminated.
The Client acknowledges and agrees that Tojam Media cannot guarantee the absence of missed deadlines caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunications problems and/or server problems.
Tojam Media cannot accept responsibility for any alterations caused by third parties occurring to the Client's pages once placed. Such alterations include, but are not limited to additions, modifications, or deletions.
All rights reserved © 2009—Tojam Media