Legal Stuff

This is an important page. It details both our Privacy Policy and our Terms and Conditions. Please give them a good read, and Contact Us if you have any questions.

Privacy Policy

Who We Are

MEDIAFEAR is a marketing agency. MEDIAFEAR Ltd is registered in England & Wales with registration no. 11479089. Our website address is www.mediafear.co.uk.

Personal Data

We do not collect your personal data using this website, unless you choose to use our contact form to send us the data of your choice. When you submit the form, the data will be emailed to us and stored in our email archives.

Cookies

This website does not store cookies on your device.

Who We Share Your Data With

We will never share your data with any other person or organisation.

How Long We Retain Your Data

We use our email archives to keep a permanent record of any data that you send to us by email using our contact form, so that if necessary we can refer to them while working for you.

Contact Details

If you have any privacy-related concerns relating to your use of this website then please contact us at privacy@mediafear.co.uk.

 

Terms and Conditions

TERMS AND CONDITIONS

(Version 3.2, 10th January 2022)

These are the Terms and Conditions (the terms) that regulate the relationship between MEDIAFEAR and its clients. Please contact us at team@mediafear.co.uk if you have questions relating to the terms. Please see our website for our Privacy Policy.

1. DEFINITION OF TERMS

In the terms when we refer to:

a) ‘MEDIAFEAR’, ‘we’, ‘us’, ‘our’, we mean MEDIAFEAR Ltd, a company registered in England and Wales under company number 11479089 and with registered office at Kemp House, City Road, EC1V 2NX, London, United Kingdom;

b) ‘client’, ‘you’ or ‘your’ we mean you, our customer who is party to the agreement;

c) ‘agreement’, we mean your agreement incorporating the terms with us for the supply of services by MEDIAFEAR.

2. TERM OF AGREEMENT

By accepting a quote provided by MEDIAFEAR you agree to be bound by the terms. The agreement will commence on the date you accept the quote for the length of the project (the ‘initial period’). After the initial period the agreement will continue in full force and effect unless and until terminated by either party giving one (1) months’ notice in writing to the other party. Notice to terminate cannot expire until the initial period has elapsed.

3. GENERAL WORKING AGREEMENT

The terms define the terms and conditions of our working relationship. All projects or services that MEDIAFEAR may be contracted to produce or provide for you will be subject to the following:

4. AUTHORISED PERSON(S)

The client must tell us which directors and/or employees that are authorised to give sign-off/approval of project deliverables to MEDIAFEAR for each project. For the purposes of this agreement these are known as “authorised person(s)”. MEDIAFEAR recommends that the client designates only one authorised person in order to avoid confusion, keep the project on schedule and mitigate internal conflict.

5. QUOTES

5.1 The price quoted includes labour and overheads of MEDIAFEAR. Any further costs such as purchase price and/or license costs for images, fonts, etc. (‘graphics’) will be itemised and invoiced to clients unless otherwise stated. If graphics are required and not included in the quote you will be consulted before they are purchased and/or utilised.

5.2 If you accept the purchase and/or utilisation of graphics you are obliged to pay for such graphics, notwithstanding, you later decide you want the graphics changed. Any unforeseen expenses that may occur during the project can be charged to you; however, no unreasonable charges will be made, and you have the right to question and receive an explanation for any such charges.

5.3 For each project, you will receive a quote outlining the project deliverables and our proposed scope of services. Quotes may contain services provided, in part, by a third party (such as printing, hosting or media space). Prices for third party services are set by a third party and may be subject to change. MEDIAFEAR does not take responsibility for any increase in cost, and is not liable for any such price increase.

5.4 Quotes are valid for 30 days from the date sent to you. Upon accepting our quote, you agree to pay MEDIAFEAR in accordance with the agreement and the terms, unless otherwise specified.

5.5 We will commence work upon the acceptance of the quote. MEDIAFEAR accepts three methods of acceptance: Over the phone, online through Skype or WhatsApp, or in writing via email. Acceptance must be provided by an authorised person.

5.6 Concept revisions, extensive alterations, or a switch in marketing objectives sometimes make it impossible to accurately quote in advance the total cost of a project. The fee can be renegotiated at any time during the project for work of a greater scope, should the requirement change mid-project. In such cases we shall provide a revised quote for client’s acceptance before we change the project scope as originally accepted by the client.

5.7 Quotes are calculated using the estimated time needed, the complexity of the project, and additional factors such as deadlines or research needed.

6. BILLING & PAYMENT

6.1 A 50% upfront non-refundable deposit of the total agreed price is due prior to commencement of work. The remaining 50% becomes due at completion of the work prior to release of project deliverables, e.g., by upload to the designated server.

6.2 Some services provided by MEDIAFEAR are subject to monthly payments, such as website hosting or ongoing design work. Payment for these services is required in advance of the month in which the service is being provided and will be invoiced at the end of the previous month for payment on 1st of the month.

6.3 Occasionally MEDIAFEAR may agree to the provision of services on a different arrangement than identified in 6.1 and 6.2. This will be a bespoke payment agreement as agreed by MEDIAFEAR and the client, and in such case clauses 6.1 and 6.2 of the terms shall not apply.

6.4 MEDIAFEAR offers print buying services on behalf of our clients (see cause 16). Print buying is not subject to clauses 6.1 – 6.4. MEDIAFEAR will invoice the client upon agreement of the quotation provided. Full payment is required before MEDIAFEAR can proceed and book third party services.

6.5 You have 14 days to settle outstanding accounts before an interest on due balances starts incurring. Interest is charged at 18% per annum or 1.5% per month. We reserve the right to refuse provision of services and/or delivery of project deliverables until due balances are paid.

6.6 A Direct Debit agreement may be set-up between MEDIAFEAR and the client for the client’s payment via GoCardless. GoCardless is authorised by the Financial Conduct Authority under the Payment Services Regulations 2009 for the provision of payment services. MEDIAFEAR reserves the right to change payment provider at its discretion.

6.7 MEDIAFEAR reserves the right to withdraw and/or withhold the services provided and/or the project deliverables if the client fails to pay us as invoiced on a timely basis.

6.8 Billing will reflect the services provided and the actual costs incurred. Client requested changes to the project made after project sign-off/approval will be billed additionally. The client will be notified of any price changes. See clause 12 for terms relating to sign-off/approval.

6.9 Any project cancelled after the quote has been accepted (see clause 5.5) will incur a cancellation fee of 50% of the quoted price not including the deposit, or will be billed for the time, labour and expenses incurred up to the point of cancellation not including the deposit, whichever is greater.

7. OUT-OF-POCKET EXPENSES

Fees for professional services may not include outside purchases such as, but not limited to, printing, photography, colour printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemised on each invoice. If services are required in out-of-town locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.

8. REVISIONS AND ALTERATIONS

8.1 New work requested by you and agreed to by MEDIAFEAR after a quote has been approved by you is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original accepted quote, we will submit a revised quote to you. The revised fee must be agreed by both parties before further work proceeds.

8.2 Client alterations such as, but not limited to, design and copy changes that are requested after the designs are completed are billed at standard hourly rates.

9. OVERTIME

9.1 Quotes are based on a reasonable time schedule, and may be revised to take into consideration your “Priority Scheduling” requests that may require working overtime and weekends. Knowledge of your deadlines is essential to provide an accurate quote.

9.2 Third party suppliers such as service bureaus may charge several hundred % mark-up on overtime after 5:30pm and weekends. Any such additional cost incurred by MEDIAFEAR for your project, due to client’s circumstances, e.g., delays or requests for priority scheduling, will be passed onto the client.

10. NATURE OF COPY

10.1 You agree to exercise due diligence in your direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare on your behalf.

10.2 While MEDIAFEAR provides proof reading services it is the client’s responsibility to ensure the project deliverables including but not limited to all copies of the final design with texts, photos, graphics, etc. (whether it is provided/written/edited by MEDIAFEAR or supplied by you) are correct, accurate and fully corresponding to your order at the time of our receipt of and sign-off for the project deliverables.

11. ERRORS AND OMISSIONS

It is your responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. MEDIAFEAR is not liable for errors or omissions. Your approval of proof for the project deliverables is required on all designs or artwork prior to release for printing or other implementation.

12. SIGN-OFF/APPROVAL

12.1 Client’s sign-off/approval of final proofs is required before MEDIAFEAR can hand-over print-ready files or proceed to print/publication. Upon sign-off/approval MEDIAFEAR will finalise the design files. Any changes requested after final sign-off/approval is given by the client will be subject to additional charges as per item 8.2.

12.2 Written sign-off/approval of any part of the project deliverables shall mean:

a) approval signified by any letter or note bearing the signature of an authorised person.

b) email emanating from the email address of an authorised person

c) oral approval given by an authorised person provided this is in circumstances where time does not permit written approval and where said oral approval is confirmed within one (1) working day via methods a or b.

13. TELECOMMUNICATIONS

13.1 You shall pay for all transmission charges incurred by MEDIAFEAR as a result of working with you.

13.2 MEDIAFEAR is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable or internet services, or from incompatibility between the sending and receiving equipment.

14. OVER RUNS AND UNDER RUNS

MEDIAFEAR works alongside trusted third party vendors for the delivery of printed items. Every endeavour will be made to deliver the correct quantity ordered. Quotes are conditional upon unit margins of +/-10% for print runs being allowed the same to be pro rata charged as extra cost or deducted from the relevant third-party cost. If you require a guaranteed quantity, the percentage of tolerance must be stated at the time of request of quotation.

15. PLACEMENT OF ADVERTISING

As part of advertising and marketing projects, or at your request, we may purchase media space on your behalf. Media space will be billed to you at current media rates plus the standard agency commission of 35% of current media rates.

16. PRINT BUYING

16.1 At your request, we will purchase print on your behalf. Print will be billed to you at the printer’s rates plus the standard agency commission of 35% of the printer’s rates.

16.2 If printing or other implementation is done through your third-party vendors, you agree to provide us with printed samples of each project upon our request.

17. WEB HOSTING

17.1 MEDIAFEAR offers hosting services through a trusted third-party vendor. At your request, we will purchase and manage hosting on your behalf. While our third-party vendor aims for 100% server reliability, MEDIAFEAR does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

17.2 Hosting renewals are automatically billed upfront for the period ahead. Payment must be received before the due date stated on the invoice. Failure to pay may result in the termination of your hosting account, which may result in your website being removed from the internet. The website can be re-instated upon the re-purchase of hosting, however MEDIAFEAR cannot guarantee, and does not accept liability for, loss or damage as a result of client’s failure to pay on a timely basis.

17.3 At your request, we can purchase internet domains on your behalf. Our annual fee for such services will include all set up and management of this service over the term of the contract.

17.4 MEDIAFEAR cannot guarantee the availability of any internet domains. If we have registered an internet domain on your behalf, we will inform you of when the renewal will be due for the internet domain. Payment for renewal must be received before the renewal date. Failure of payment may result in the internet domain expiring. If we have not registered your internet domain, renewal is your responsibility and we accept no responsibility for lapsed internet domains.

17.5 If you require a transfer of your internet domain registered by MEDIAFEAR you must contact us to arrange the transfer and pay an administration charge of £90. Upon receiving the payment MEDIAFEAR will transfer the internet domain to the requested registrar account.

17.6 MEDIAFEAR aim to respond to any hosting or domain related support issues within one (1) working day. Actual diagnosis and remedy of any issues may take longer.

17.8 In order to minimise disruption to our client’s service, MEDIAFEAR will endeavour to remedy any problem or issue, or manage any transfer or set up request, in the quickest time frame possible. However, there are many factors that are outside MEDIAFEAR’s control, of which we cannot be held liable. For example, a change to DNS records can take up to 48 hours to propagate once the process has been initiated by MEDIAFEAR.

18. WEB SECURITY

18.1 It is the client’s responsibility to keep their website safe and secure. Failure to appropriately put in place adequate security measures may result in loss of service in the event of a security breach.

18.2 MEDIAFEAR is not responsible for any loss of income as a result of a security breach.

18.3 In the event of a severe security breach other websites hosted on the same server may be affected. In such an event, it will be the client’s responsibility to cover all costs involved in fixing and securing all effected websites.

19. WEBSITE MAINTENANCE, SECURITY AND SUPPORT

19.1 MEDIAFEAR offers technical website maintenance and security through a trusted third-party vendor. At your request, we will purchase and manage a security and technical maintenance package on your behalf. While our vendor aims for continued security of your website, MEDIAFEAR does not guarantee and will accept no liability for a security breach, nor the results of such a breach, whatever the cause.

19.2 Where MEDIAFEAR is contracted to provide content updates to a website – usually via a monthly retainer – we will endeavour to complete the updates within a two-week timeframe, subject to staff availability. Timescales may vary based on the number and amount of changes to be performed.

19.3 Where MEDIAFEAR provides a service as described in 19.2, additional fees may be incurred where full content is not provided by the client. Fees incurred may include, but are not limited to, additional copywriting and image licensing services. Any additional fees will be negotiated with the client before work proceeds.

20. INSPECTION OF BOOKS

Upon reasonable notice, any and all invoices from our third-party vendors and other documentation relating to your account with us will be available to you.

21. PROPERTY AND SUPPLIER’S PERFORMANCE

21.1 MEDIAFEAR will take all reasonable precautions to safeguard property you entrust to us; however, in the absence of negligence on our part, we are not responsible for loss, destruction, damage or unauthorised use by others of such property.

21.2 During the term of this agreement and for three years thereafter, MEDIAFEAR will preserve as confidential all documentation and information received or otherwise in its possession relating to the business of the client and its affiliate companies obtained as a result of the agreement. Subject to requests from public authorities, MEDIAFEAR agrees not to disclose such information at any time to any third party without the client’s prior written consent.

21.3 We will use our best efforts to ensure timely delivery of high-quality printed materials as project deliverables. Although we may use our best efforts to guard against any loss to you through the failure of our third-party vendors, media, or others to perform in accordance with their commitments, we are not responsible for failure on the part of our third-party vendors.

21.4 If you select your own third-party vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in any way be held responsible for quality, price, performance or delivery of such third-party vendors.

21.5 By accepting this agreement both MEDIAFEAR and the client agree to adhere to current data protection regulation.

22. LIEN

All materials or property belonging to you, as well as work produced by us, may be retained as security until all our just claims against you are satisfied.

23. RIGHTS OF OWNERSHIP/COPYRIGHT

23.1 Once a project has been delivered by us and is fully paid for by you, MEDIAFEAR will assign the reproduction rights of the design for the use(s) described in the proposal.

23.2 According to the Copyright Law of 1976, the rights to all design and art-work, including but not limited to photography and/or illustration created by independent photographers or illustrators retained by MEDIAFEAR, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator.

23.3 MEDIAFEAR is pursuant to the licence agreement entered into with stock libraries upon purchase, to pass any imagery or illustrations onto third parties, which includes the client.

23.4 Unless a purchase of “All Rights” (a buyout) is negotiated by 1) MEDIAFEAR and/or client’s authorised representative and 2) the rights holder or its representative, you may not use or reproduce the project deliverables produced for a purpose other than the one(s) originally stipulated. If you wish to use the project deliverables and/or the images, text or graphics within it for another purpose or project, including an edit of the original design, you must contact us to arrange the transfer of rights and pay in full any additional fees negotiated before proceeding. MEDIAFEAR reserves the right to refuse a transfer of rights. Permission will not be unreasonably withheld.

23.5 Assets and source files are not supplied to the client as standard. Original source files can be supplied for an additional fee (plus any expenses incurred, such as the costs of hard drive and postage).

23.6 Upon completion and payment of logo designs MEDIAFEAR will provide vector source files as well as print and screen ready raster graphics (images). Logo designs are exempt from the terms stated in 23.5.

23.7 We reserve the right to photograph and/or distribute and/or publish for MEDIAFEAR’ promotional and marketing purposes any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, social media, newsletter, brochures, presentations and similar media. We agree to store files (digital and/or physical) for a period of 6 months beyond the delivery of the project deliverables. Thereupon, we reserve the right to discard them.

23.8 By supplying text, images, graphics and/or other data to MEDIAFEAR for inclusion in your design, website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions to include such materials in the project deliverables. The ownership of such materials will remain with the customer or rightful copyright or trademark owner. By supplying images, text, or any other data to MEDIAFEAR the customer grants MEDIAFEAR permission to use this material freely in the production of the project deliverables.

23.9 If MEDIAFEAR or the client supplies an image, text, audio clip or any other file for use in a design, website or any other medium believing it to be copyright and/or royalty free material, the client shall agree to allow MEDIAFEAR to remove and/or replace the file within the design, website or other project deliverable.

23.10 The customer agrees to fully indemnify and hold MEDIAFEAR free from harm in any and all claims resulting from the customer not having obtained all the required permissions to utilise third party intellectual property rights including but not limited to copyrights and trademarks.

24. TERM AND TERMINATION

The term of the agreement will continue for work in progress until terminated by either party upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorised purchase, we will promptly do so, provided you indemnify us for any cost incurred as a result.

Upon termination of this agreement, MEDIAFEAR will transfer to you all your property and materials in our control and for which you have paid. You will indemnify MEDIAFEAR for any loss or expense (including legal fees) and agree to defend MEDIAFEAR in any actual claim or action arising in any way from our working relationship and/or the agreement. This includes, but is not limited to, assertions made against you and services arising from the publication of materials that we prepare and you approve before publication.

25. RIGHTS OF REFUSAL

MEDIAFEAR reserves the right to at its discretion not include in its designs, any text, images or other material which it deems to be immoral, offensive, obscene or illegal. All promotional material must conform to prevailing standards laid down by relevant public authorities including advertising standards authorities.

26. PRODUCTION SCHEDULES

Production schedules shall be established and adhered to by both you and MEDIAFEAR, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a pandemic, state of war, riot, civil disorder, act of terror, fire, labour trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority or other causes beyond the control of you and MEDIAFEAR. Where production schedules are not adhered to by the client the final delivery date or dates will be adjusted accordingly.

27. ADDITIONAL PROVISIONS

The agreement including the terms are governed by the laws of England. The agreement is our entire understanding and may not be modified in any respect, except in an executed agreement. If we must retain third party suppliers to collect our invoices, we will be entitled to reasonable debt collection and solicitor’s fees, court costs, and late payment interest at the maximum rate permitted by law.

28.  CHANGES TO THE TERMS

We may alter the terms at any time without notice. The date shown at the start of the terms indicates when it was last revised. Any changes will become effective when we post the revised terms on our website. You agree that your continued use of services provided by MEDIAFEAR after any posted modifications of the terms constitutes your acceptance of the new version of the terms.

29. DISCLAIMER

We will always endeavour to provide advice further to best professional standards; however, due to the fact that design, strategy, and marketing are subjective disciplines, we cannot be held responsible for variations between expectations and outcome and/or any advice offered.