Terms and Conditions of Service

Last updated: 19, January 2023.

About Us: Information and Contact

Registered office and trading address:

Immediamedia Limited,
Kasaka House,
26-28, Church Road,
Stanmore.
HA7 4AW.

Telephone: 0208 392 1144

Email: support@immediamedia.com

Website: https://immediamedia.com/

Immediamedia Limited is a Private Limited Company registered in England and Wales

Company registration number: 05071715

ICO number: ZA907806

1. About Our Terms and Conditions of Service

These Terms and Conditions of Service govern Your access and use of all Our Services and they apply in addition to Our Website Privacy Policy and other documents, as listed at the end of these Terms.

By using any Service/s and Affiliate Service/s of, Immediamedia Limited, You, (the Client) agree to be bound by the Terms listed below. Our Service/s will be provided in accordance with Our Terms.

Any participation in Our Service/s will constitute acceptance of this agreement. Thus, please read these Terms carefully before purchasing, entering into any agreement with or using any Service/s operated or owned by Immediamedia Limited. If You do not agree to abide by Our Terms, please do not use Our Service/s.

Please note:

  • No part of Our website constitutes a contractual offer capable of acceptance.
  • We reserve the right, at Our sole discretion, to modify or replace these Terms at any time and without prior notice.
  • These Terms are always clearly displayed on: https://immediamedia.com/terms-and-conditions/

If You do not understand any part of these Terms or You need further clarification on any of the points within this document, please contact Us by email.

2. Definitions

Immediamedia Limited: “https://immediamedia.com/”, “Immediamedia”, “Us”, “Our”, “We”. These phrases also encompass “Affiliates”. Wherever We mention these definitions, We are also referring to Our Affiliates.

Third Party/s: any other person/organisation/group/company that is not owned or operated by the Client, User or Us. This includes the Service/s We may use and recommend, such as design, branding, marketing and copywriting.

Affiliates: subsidiaries of Immediamedia Limited.

Terms and Conditions of Service: “Terms”: The Terms of Service that User/s and Client/s agree to before undertaking or using the Service/s provided by Immediamedia Limited.

The Client: “You”, “Your”. The organisation, person, group, company—anyone commissioning or using the Free Service/s, Offers and Promotions, Prepaid, Bespoke, Subscription, Hosting or Consultancy Service/s provided by Immediamedia Limited.

The User: “You”, “Your”. This includes the website visitor—anyone using or interacting with the available features and functions of the Immediamedia platforms and Service/s.

Service/s: Including Third-Party Service/s and in accordance with Third Party Terms, “Service/s” refers to each Service or Services offered by Us. This includes, Prepaid, Subscriptions, Bespoke, Free Service/s, Consultancy, Hosting and Offers and Promotions provided by Immediamedia Limited.

Prepaid Service/s: Service/s paid for in advance of the commencement of work, such as templated website package/s.

Subscription Service/s: any recurring Service/s We provide, such as Hosting Service/s.

Consultancy Service/s: the provision of expert or strategic advice presented for consideration and decision-making.

Bespoke Service/s: Specific, premium levels of website development, technical support and maintenance. This may include site visits and training. Such Service/s will be discussed in detail before the commencement of work.

Hosting Service/s: housing, serving and maintaining websites.

Free Service/s: Service/s that do not require payment, such as and for example, some consultancy and advice.

Offers and Promotions: Service/s provided at a discounted price.

 

3. Commencement of Work and Contracts

3.1 The Client acknowledges that they have had the opportunity to carefully read through these Terms before using Our Service/s.

3.2 The Client accepts that these Terms supersede that of their own.

3.3 The Client has authority and permission to commission the Service/s of Immediamedia Limited, for and on behalf of themselves, their organisation, business, group or associates, as appropriate.

3.4 The Client agrees that they are of age to commission the services of Immediamedia Limited. For those domiciled within the European Union (EU), this is sixteen (16) years of age or of the legal age in Your jurisdiction.

 

4. All Service/s

4.1 All of Our Service/s are provided in English.

4.2 Unless otherwise agreed in writing and prior to the commencement of all Service/s, Immediamedia Limited, do not include any extra costs associated with or liaising with, any client Third Party/s. For example, external and associated bodies, groups or organisations.

4.3 Immediamedia Limited reserves the right to refuse to undertake any instruction from You that is deemed illegal or immoral.

4.4 We shall design, develop and deliver Your website in accordance with Your order and arrange to host Your website from our server. If We cannot process Your instruction due to incorrect or incomplete information, We will contact You to ask You to correct it or provide the missing information required for Us to supply the Service/s to You.

4.5 It is Your responsibility to ensure that all requested text, information, logos, links, image files, data, text, settings, media, or other information for storage, hosting, or processing in order for Us to provide the Service/s . This includes the requested format, in order for Us to successfully provide the Service.

4.6 We will not be responsible for supplying the Services/s late or for not supplying the Services/s if You have not provided Us with the required information within a reasonable period of Us asking for it. You accept that any delay in providing requested information, may result in completion or deadline delays, for which We cannot be held liable.

4.7 If You do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Service/s or charge You a reasonable sum as compensation for the extra work required as a result.

4.8 Any date proposed either by You or Us for the provision and completion of Our Service/s is an estimate only and We accept no liability for any failure to meet the proposed date.

4.9 We make no representations, warranties or guarantees that Our Service/s will generate a particular number of impressions, clicks, enquiries or business opportunities. Equally, We make no representations, warranties or guarantees that Our Service/s will generate profit or revenue.

4.10 All information and content supplied by You is assumed to be accurate, correct and free from copyright.

4.11 You are expected to carefully read through and check all previews of any Service/s we provide.

4.12 The Client takes all responsibility for checking that spellings, names, terminology and industry references etc., are correct.

4.13 We reserve the right to make changes to, terminate or discontinue part of, any component of or entire Service/s at any time, without liability and without giving You prior notice.

Examples of this may include:

  • To reflect changes in relevant laws and regulatory requirements.
  • To address particular technical or security issues.

It also includes suspending any website that includes inaccurate information, deemed to be in breach of advertising standards, trading regulations or consumer protection laws or any website that We consider to be unlawful, misleading, offensive, prejudiced, inflammatory, or that may instigate prosecution, defamation, criticism or embarrassment.

4.14 We shall attempt to ensure that Our service/s are accessible to You and the User at all times. However, We may temporarily suspend Our Service/s at any time for reasons that include:

  • Carrying out essential maintenance.
  • Responding to emergency technical issues
  • Service/s suspension shall cease as soon as is reasonably practicable and following resolution.

4.15 Suspension of Our Service/s shall not release You from Your obligations to pay the full amount due for the term of the Service/s.

4.16 If you object to any changes to Our Service/s, Your sole recourse will be to cease using Our Service/s.

4.17 Continued use of Our Service/s following notification of any changes, will indicate Your acknowledgement of such changes and satisfaction with Our modifications.

4.18 We may also use Our discretion to monitor Our network in order to protect Our Clients and investigate complaints. Equally, We will disclose any content as necessary to satisfy and cooperate with any law, legislation, regulation, or other governmental request.

4.20 Regardless of whether Our Services include a backup feature or functionality and to the fullest extent permitted by law, We accept no liability for any data loss, unavailability, or other related consequences.

4.21 Website ownership passes to You once We have received full payment.

5. Prepaid, Hosting, Subscription, Consultancy, Offers and Promotions and Free Service/s (In accordance with section four (4))

5.1 Our website will guide You through the ordering process. Before submitting Your order or instructing Our Services, You will be given the opportunity to review and amend it. Please ensure that You check Your order carefully before submitting it.

5.2 Required information is stated on Our website (either in the product descriptions or during the order process) or is sent to You and included in an order confirmation email from Us, shortly after You have purchased Your Service/s.

5.3 We take reasonable steps to let You correct any errors You may have made in Your order

5.4 Your order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending You an order confirmation by email.

5.5 Only once We have sent You an order confirmation email will there be a legally binding contract between Us and You for the sale of Our Service/s.

5.6 Order confirmation emails contain the following information:

  • Your order number/s
  • Confirmation of the Service/s ordered including full details of their main characteristics;
  • Fully itemised pricing for the Service/s ordered including, where appropriate, taxes, Hosting, copywriting, branding, marketing and any other pre-agreed additional charges
  • Estimated delivery and completion date(s)

Please quote Your order number if You contact Us about Your Prepaid Service/s. This will help Us to help You quickly and easily.

5.7 In the unlikely event that We cannot accept Your order, We will inform You in writing and explain why. If We have already taken payment, any such sums will be refunded.

5.8 We may not accept Your order because and for example, of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Services, or because We are not able to meet a completion deadline that You have set.

5.9 Unless otherwise agreed in writing, You agree that We may transfer and maintain Your hosting in other geographic regions or jurisdictions.

5.10 In the event that We change the price or structure of any reoccurring Subscription Service/s which You have previously agreed to pay, We will notify You of such changes. If You do not agree with such changes and You communicate this to Us in writing and in accordance with Our notification, We will terminate your subscription.

5.11 The Subscription Service/s and payment shall begin on the pre-agreed commencement date and shall automatically renew each month on the relevant renewal date for successive periods equal to the period as set out in the order confirmation email, written agreement or signed agreement, as appropriate.

6. Bespoke Service/s (In accordance with sections four (4) and five (5)

6.1 Bespoke Service/s are subject to prior detailed discussion, Consultancy Service/s and research to establish Your exact requirements and specifications.

6.2 Any quotation given by Us shall not constitute an order. Quotations are valid for a period of 30 business days from the date of issue. We may extend this period at Our discretion.

6.3 Upon acceptance of a quotation, We will provide You with a written agreement and/or Service/s confirmation summarising the Bespoke Service/s that You require.

6.4 A written agreement and/or Service/s confirmation will contain the following types of information:

  • Your order number/s
  • Confirmation of the Bespoke Service/s ordered including full details of their main characteristics and scope of design.
  • Fully itemised list of the Bespoke Service/s ordered including, where appropriate, Hosting, copywriting, branding, marketing and any other pre-agreed additional charges or taxes.
  • A breakdown of the costs involved and if appropriate, the instalment payment plan. Any information that We require from You to successfully complete the Service/s We have agreed to provide.
  • Estimated delivery, timescales and completion date(s)

6.5 You will be given the opportunity to review and amend any written agreements. Please ensure that you check Your written agreement carefully before signing, agreeing to and/or submitting it.

6.6 Upon the commencement of work, the written agreement and/or Service/s summary will be deemed to have been accepted by You unless You notify Us to the contrary.

6.7 If You have entered into a signed Service/s agreement with Us, the signed service/s agreement will supersede these Terms, unless We state that the signed service/s agreement is in conjunction with these Terms.

6.8 In the unlikely event that We cannot complete the work after We have accepted Your signed service/s agreement or written agreement, We will inform You in writing and explain why. If We have already taken payment, any sums will be refunded.

6.9 We may not accept your order because and for example, of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Services, or because We are not able to meet a completion deadline that You have set.

7. Free Service/s, Offers and Promotions

7.1 We reserve the right to change, terminate, remove or suspend Our Free Service/s, Offers and Promotions, at any time and without liability.

7.2 Any Free Service/s, Offer and Promotion is not transferable and is not subject to cash alternative/s.

7.3 Any Free Service/s, Offer and Promotion that has not been claimed or used within 30 days of the date of award/acceptance, becomes invalid.

8. Third-Party Service/s

8.1 We outsource certain additional Service/s that We offer to Our Users and Clients via Third-Party professionals. These Third-party Service/s may include copywriting, marketing, design and branding. As such, We make no representations for or take responsibility for any Third-Party Service/s, including, without limitation, the truthfulness, accuracy, quality or completeness of the Service/s and/or any other activities conducted by or through such Third-Parties.

8.2 We have no control over and assume no responsibility for the privacy policies, or practices of any Third-Parties, their websites or services.

8.3 Any reference We make to Third-Party Service/s does not constitute or imply Our endorsement or recommendation.

8.4 We shall not be liable for the Service/s provided by Third-Party/s, including any completion delays, losses or data corruption.

8.5 You shall be subject to any applicable terms governing such Third-Party Service/s, which are in addition to these Terms.

8.6 You are responsible for maintaining any Third-Party Services at Your own expense.

8.7 For any extra Third-Party work/maintenance that You require, You shall pay any additional fees due directly to the relevant Third-Party/s, unless We have agreed to facilitate payment on Your behalf or have (by prior arrangement) agreed otherwise with You.

8.8 The Terms governing Third-Party fees (including any price adjustments) are not within Our control, even if We facilitate the payment on Your behalf.

9. Licensing and Limits

9.1 You agree to comply with, monitor and take sole responsibility for upholding any licensing terms for any Third-Party Services or products that are made available to You within Our Services.

9.2 The monthly time limits surrounding minor troubleshooting and telephone and email support as part of Our website hosting Services are as follows:

Account TypeTime limits on monthly support/content management/consultancy/website development
£20 /monthUp to 10-mins per month, or 30-mins over 3 months, max.
£50 /monthUp to 20-mins per month, or 60-mins over 3 months, max.
£100 /monthUp to 30-mins per month, or 90-mins over 3 months, max.

 

10. Payment, Purchases and Refunds

10.1 All Our Services are either Prepaid or are subject to pre-agreed amounts and/or reoccurring Subscription Service/s or payment instalments

10.2 If You purchase any Service/s through Immediamedia Limited, You may be asked to supply certain information relevant to the Service/s. This includes commercial, personal and financial data.

10.3 Payment is to be made in GBP Sterling. Payment can be made online through Our website via .

10.4 You are responsible for any payment fees incurred, including international transfers and taxes. Payment instructions are included within all relevant documentation and invoicing.

10.5 We do not tolerate or accept any charge-back threat or actual charge-back from Your chosen payment method. In the event that a charge-back threat is made or is placed, We reserve the right to withdraw Our Service/s and if appropriate report the incident to relevant credit/financial agencies.

10.6 Immediamedia Limited are not VAT registered and as such, We do not charge VAT.

10.7 Upon purchase or by prior agreement, We provide You with an invoice.

10.8 Our charges for Prepaid Service/s and Subscription Service/s are clearly noted on relevant marketing material and can be found on Our website.

10.9 We request current, up-to-date, complete and accurate information in order to prepare and issue You with invoice/s.

10.10 By using Our Subscription Service/s, You agree to be billed on a recurring basis and to be automatically charged by Us or Our payment processors using Your preferred payment method, unless and until you follow and complete Our cancellation process (please refer to section 11).

10.11 We reserve the right to deactivate, terminate, suspend, prevent access to or/and disable Our Services at any time for non-payment, late payment, or failure to update Your payment method.

10.12 We reserve the right to charge You interest for any outstanding and overdue payments. This rate is at two percent (2%) or the highest rate allowed by applicable law, whichever is lower, per month of the unpaid amount, until paid.

10.13 We operate in accordance with The Consumer Rights Act 2015. As such:

  • You can claim a full refund for Service/s that are unsatisfactory in quality, unfit for purpose or not as described within thirty (30) days of purchase.
  • You must give Us one (1) opportunity to repair or replace Our service/s within thirty (30) days to six months of purchase, before You can request a partial refund.
  • In the event that You wish to claim a full or partial refund, the burden of proof is on You to prove that Our service/s is faulty.

 

11. Cancelling Our Service/s

11.1 You have the right to cancel any of Our service/s within a period of fourteen (14) days from placing Your order. However, once We have completed the Service/s that You requested, You cannot change Your mind, even if the period is still running. If You cancel after We have begun work, You must pay Us for the Service/s that We have provided up until the time You tell us that You have changed your mind.

11.2 If You wish to cancel Our Subscription Service/s We require days advanced written notice. You can cancel the Subscription Service/s by emailing Us and We will then send You an email confirmation with the due date of Your final payment and any other relevant information.

11.3 Cancelling any Subscription Service/s does not relieve You of Your obligation to pay any accrued fees or fees that are payable to Us prior to the date of effective cancelation.

11.4 If We or You cancel your Subscription Service/s for any reason, for securing a replacement service provider and moving all electronic data, graphics, images, video or text etc., in a timely manner.

12. Your Responsibilities

12.1 You agree that You will not perform any action deemed to reduce the performance of Our servers or to the detriment of other Users.

12.2 You agree not to (knowingly or otherwise) upload any virus, or allow any virus to infect Our server or other equipment.

12.3 You agree not to upload any material which may be considered contrary to public decency, or material that is considered defamatory. In this instance, We reserve the right to inform the relevant authorities and We will terminate any agreement forthwith with no liability to Us.

12.4 You agree not to use Our servers or network to send unsolicited or spam e-mail, or use Our servers or network (either directly or indirectly) in a way that would have a detrimental effect on our data security or network performance.

13. Our Responsibilities

13.1 We ensure that all Our Service/s are satisfactory and fit for the purpose they are supplied for and match any description or summary We have given to You.

13.2 We will perform the Service/s with reasonable care and skill.

13.3 We will complete the Service/s in reasonable time.

13.4 We aim to respond and resolve Your complaint or problem as quickly and efficiently as possible.

14. Liability, Law, Jurisdiction and Other Terms

14.1 These Terms and Conditions of Service and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

14.2 Any dispute, controversy, proceedings, or claim between You and Us relating to these Terms or to the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

14.3 You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any of Our Service/s.

14.4 You shall indemnify Us against any costs incurred by Us in the event that Your User/s bring a claim or objection against Us, including for misrepresentation or misleading consumers.

14.5 Wherever reasonably possible, We endeavour to protect Your digital information from unauthorised access, corruption, or theft throughout its entire lifecycle. However, We shall not be responsible or liable for any damage or loss caused, or alleged to be caused, by any security incidents where data is accessed, stolen and used by a cybercriminal without authorisation.

14.6 You acknowledge that You are responsible for securing Your password and login data and You retain liability for all actions related to Your data security.

14.7 Our Terms and the policies listed below also apply and form part of the contract between You and Us.

Privacy Policy

Cookie Policy

If you have any questions about these Terms, please contact us:

Immediamedia Limited,
Kasaka House,
26-28, Church Road,
Stanmore.
HA7 4AW.

Telephone: 0208 392 1144

Email: support@immediamedia.com