Terms & Conditions

Terms and Conditions

You indicate acceptance of these terms and conditions of service by placing an order with Spring Media Design Ltd Ltd. These terms and conditions will not be varied for individual customers.


1.1 In this Agreement the following words and expressions shall have the following meanings:

1.1.1 “downtime” means any service interruption in the availability to visitors of the Website;

1.1.2 “intellectual property rights” means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;

1.1.3 “Spring Media Design Ltd” means Spring Media Design Ltd

1.1.4 “IP address” stands for internet protocol address which is the numeric address for the server;

1.1.5 “ISP” stands for internet service provider;

1.1.6 “server” means the computer server equipment operated by Spring Media Design Ltd Ltd in connection with the provision of the Services;

1.1.7 “the Services” means web hosting, domain name registration, email and any other services or facilities provided by Spring Media Design Ltd.

1.1.8 “spam” means sending unsolicited and/or bulk emails;

1.1.9 “virus” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”;

1.1.10 “visitor” means a third party who has accessed the Website;

1.2 Product specifications and details may be found at http://www.springmediadesign.uk/
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.

1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.


2.1 The Customer wishes to provide Spring Media Design Ltd with data that will be hosted on Spring Media Design Ltd’s servers and made accessible via the Internet.

2.2 Spring Media Design Ltd provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.


3.1 Spring Media Design Ltd shall provide to the Customer the Services specified in their order subject to the following terms and conditions.

3.2 The Customer shall deliver to Spring Media Design Ltd the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Spring Media Design Ltd (“the Customer Software), in a format specified by Spring Media Design Ltd.


4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and direct debits also cheques, bank transfers & cash.

4.2 Spring Media Design Ltd does accept cheques, bank transfers, postal orders, cash; work will only be carried out once the cheque or bank transfer has been verified.

4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.

4.4 Spring Media Design Ltd shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.

4.5 Spring Media Design Ltd does not provide credit facilities.

4.6 From time to time Spring Media Design Ltd may make enquiries on the Customers Company, proprietor or directors of the Customers Company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.

4.7 Spring Media Design Ltd provides “Money-Back Guarantees” on certain products. Should your product qualify for this guarantee please raise a support ticket at http://springmediadesignltd.freshdesk.com/support/login within 30 days of placing your order for a full refund. This guarantee excludes domain names & SSL Certificates which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.

4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.

4.9 Should your chosen payment method fail Spring Media Design Ltd will attempt to settle your invoice using any other payment facilities available on your account.

4.10 All services will renew until cancelled by the customer. Spring Media Design Ltd emails the customers primary email address prior to renewal of services, it is the customer’s responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.

4.11 If payment has not been made upon final notice, Spring Media Design Ltd have the right to disable you hosting account thus taking your website offline until payment has been made in full.


5.1 Spring Media Design Ltd shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.

5.2 Where Spring Media Design Ltd changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.


6.1 If the Customer requires use of software owned by or licensed to Spring Media Design Ltd (“Spring Media Design Ltd’s software”) in order to use the Services, Spring Media Design Ltd grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Spring Media Design Ltd Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Spring Media Design Ltd Software.

6.2 In relation to Spring Media Design Ltd’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to Spring Media Design Ltd a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website (“the Content”). For the avoidance of doubt, this Agreement does not transfer or grant to Spring Media Design Ltd any right, title, interest or intellectual property rights in the Customer Software or the Content.

6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Spring Media Design Ltd Software.

6.4 Spring Media Design Ltd may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including backup copies of the Content. Upon termination or expiration of this Agreement, Spring Media Design Ltd shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.


7.1 Spring Media Design Ltd shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Spring Media Design Ltd makes no warranties or representations that the Service will be uninterrupted or error-free and Spring Media Design Ltd shall not, in any event, be liable for interruptions of Service or downtime of the server.

7.2 Spring Media Design Ltd carries out data backups for use by Spring Media Design Ltd in the event of systems failure. Spring Media Design Ltd does not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Spring Media Design Ltd accepts no responsibility for data loss or corruption.


8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:

8.1.1 Use the Services or the website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services;

8.1.2 Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;

8.1.3 Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;

8.1.4 Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;

8.1.5 Engage in illegal or unlawful activities through the Services or via the Website;

8.1.6 Make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or

8.1.7 Obtain or attempt to obtain access, through whatever means, to areas of Spring Media Design Ltd’s network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.

8.1.8 Operate or attempt to operate IRC bots or other permanent server processes.

8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Spring Media Design Ltd is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Spring Media Design Ltd shall be entitled to withdraw the Services and terminate the Customer’s account without notice.


All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Spring Media Design Ltd and the password will be changed.


10.1 The Customer warrants and represents to Spring Media Design Ltd that Spring Media Design Ltd’s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Spring Media Design Ltd as set out in Clause 6.2.

10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Spring Media Design Ltd shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.


The Customer agrees to indemnify and hold Spring Media Design Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Spring Media Design Ltd arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.


12.1 Nothing in these terms and conditions shall exclude or limit Spring Media Design Ltd’s liability for death or personal injury resulting from Spring Media Design Ltd’s negligence or that of its employees, agents or sub-contractors.

12.2 The entire liability of Spring Media Design Ltd to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

12.3 In no event shall Spring Media Design Ltd be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Spring Media Design Ltd had been made aware of the possibility of the Customer incurring such a loss.

12.4 We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the Hosting Services.

12.5 Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder).

12.6 All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

12.7 We do not exclude or limit in any way our liability:

12.7.1 for death or personal injury caused by our negligence;

12.7.2 under section 2(3) of the Consumer Protection Act 1987;

12.7.3 for fraud or fraudulent misrepresentation; or

12.7.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

12.8 We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

12.8.1 loss of income or revenue;

12.8.2 loss of business;

19.5.3 loss of profits or contracts;

12.8.4 loss of anticipated savings;

12.8.5 loss of goodwill;

12.8.6 loss of software or data;

12.8.7 wasted expenditure (such as pay per click advertising costs); or

12.8.8 wasted management or office time.

12.9 Subject to clause 12.7 and clause 12.8, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed one hundred and ten (110) per cent of the price you have paid to us for the Services during the twelve (12) months preceding the event giving rise to the liability in question. Accordingly, you are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).

19.7 Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.


13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.

13.2 Spring Media Design Ltd shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.

13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:

13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

13.3.2 The other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or

13.3.3 The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

13.3.4 The other party ceases to carry on its business or substantially the whole of its business; or

13.3.5 The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

13.5 On termination all data held in the customer’s account will be deleted.


14.1 Spring Media Design Ltd may assign or otherwise transfer this Agreement at any time.

14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Spring Media Design Ltd’s prior written consent.


Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.


If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.


Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.


This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.


This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.


20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Spring Media Design Ltd will provide a full refund for that domain name.

20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.


Spring Media Design Ltd are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system unless specifically written by Spring Media Design Ltd.


To protect your privacy we will not distribute your details to third parties, unless required to do so by law.


23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.

23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.


Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.


Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.


Spring Media Design Ltd communicates with its customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.


Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good housekeeping when maintaining their account.


Mail boxes not accessed for 100 days or more will be deleted from the system.


All websites that are quoted up to the amount of £1000 must be paid in full prior to work commencing.

All websites that are quoted from the amount of £1001 to £2500 must pay a 50% deposit prior to work commencing and the remainder must be paid on completion of the project..

All websites that are quoted from the amount of £2501 and greater must pay a 30% deposit prior to work commencing and the remainder must be paid on completion of the project..

If a project has been completed and final payment has not been paid within three days from live, your site will be shutdown until final payment has been received.

Should you have any issues with the website we have created for you, please notify us within 14 days and you will not be charge any labour otherwise you may be charged at an hourly rate of £50.00 for any changes or scripting updates.


Please be aware that if Spring Media Design Ltd sets you up with a web hosting package after consultation to allow to start trading as soon as possible. Payment for the hosting package must be made immediately. If payment is not made within 30 days you will receive an administration charge of £25.00 to cover the costs incurred for digital invoice creation, digital standing order form creation, first notice, second notice & disabling the hosting account.
If we do not receive payment with 14 days after the initial 30 day period you may be forced to find a new hosting provider.


• COMMENCEMENT. The project shall commence once the project requirements has been made available to Spring Media Design Ltd, hereinafter referred to as the WEB SPECIALIST, hereinafter referred to as THE CLIENT and this Project Agreement has been signed or deposit paid. The Development phase of the project shall only commence once a DESIGN CONCEPT has been approved by the client for development.

• MATERIALS. Website contents; including photographs, product info, and write-ups will come from the client. In cases where the Images used are licensed or copyrighted, THE CLIENT shall purchase the image for legitimate use.

• DEFINITION OF TERMS. The following definitions shall apply whenever applicable in this agreement.

o Design Concept. A design concept is a conceptual art of the look and feel of the website created by THE WEB SPECIALIST with elements completely recreated from scratch and shouldn’t be mistaken from a major revision.

o Minor revisions. Minor Revision includes navigation name changes, font styles, text changes, simple color changes, alteration of plain background or borders, replacement of new graphic already made available by the client.

o Major revisions. Major Revision includes changes in major design elements, like the entire color scheme of the site, complex background and complex borders, main character elements and custom graphics that will be created from scratch, changes in the navigational structure, 3D elements and those that will affect the slicing of graphics and overall look and feel of the website and those changes that will affect the structure of the database or other backend programs already integrated on the Final Artwork.

o Final Artwork (FA). A website is considered a Final Artwork once everything is in placed; this includes all required sections of the website, the navigation and backend/database (if there is any), and uploaded to the designated server or a temporary location for client viewing.

• DESIGN CONCEPTS. A maximum of three (3) design concepts for the website subject for revision shall be presented to THE CLIENT for approval. £100 will be charged for each additional study.

• REVISIONS. Up to 10 minor revisions shall be allowed once the initial design was approved before going on to the development phase of the project. Once the design is approved and is ready for development phase, it shall be considered final and will be used for the entire theme of the web site.

o In cases where THE CLIENT wants to modify/change the design, and other major changes of the Final Artwork (FA), after the website has been uploaded to the designated/temporary server for client viewing, THE CLIENT shall be charged an additional 20% of the total project cost as indemnity for additional labor and man hours incurred. Minor changes are allowed until client is satisfied once the Final Artwork has been uploaded.

• ENHANCEMENTS/ADDENDUM. Additional features requested by the CLIENT to be integrated such as additional section on CMS, additional sections on the frontend, replacement of an entire animated scene, or additional graphics not originally outlined on the Project Brief, shall be considered ENHANCEMENTS OR ADDENDUM to the project. Enhancements/Addendum are exclusive of the original time table of the project and will be billed separately.

• THIRD PARTIES. The Client shall not allow the services or assistance of a Third Party designer to work with the project without the permission and knowledge of the WEB SPECIALIST undersigned. Additional charges shall be applied accordingly as indemnity.

• PAYMENT. 40% payment upon signing and once a design studies has been forwarded to the CLIENT. Balance shall follow immediately after the website goes online or within 3 days upon completion of the project or the Final Artwork has been uploaded to the designated server for public viewing. Payment shall be coursed through Bank Transfer or an alternative agreed upon by the WEB SPECIALIST and THE CLIENT. (Transaction charge shall be covered by the CLIENT).

• RUSH/AGGRAVATION FEE. A 50% addition of the total project cost shall be charged to the client for rush jobs. Rush jobs are determined if a project is at least 1 week ahead of the development deadline or if the CLIENT has expressly agreed for the project to be finished ahead of the scheduled deadline.

• NONE CONFORMANCE OF PAYMENT. The website will be shut down within 72 hours if the CLIENT has expressed none conformance of payment within 5 days after the billing statement has been received.

• INTEREST. A 10% interest of the total project cost shall be charged to the client for every weekly delay in payment of the project, once the Final Artwork (FA) is completed and uploaded to the designated server for public viewing.

• CONFIDENTIALITY. The WEB SPECIALIST shall hold in confidence all materials submitted by the CLIENT. Furthermore, The WEB SPECIALIST agrees to sign a non-disclosure agreement if the Client so requires.

• CANCELLATION/REJECTION OF PROJECT. The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any nonconformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to the WEB SPECIALIST. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which the WEB SPECIALIST may become a party by reason of this contract.

• RIGHTS. All properties of originals (Source Files) created by the WEB SPECIALIST, which includes but not limited to Photoshop Layered PSDs, Flash FLA’s, Illustrator AI’s and 3D source files shall remain the property of the WEB SPECIALIST unless otherwise purchased by THE CLIENT at a rate of 20% of the total project cost in which case the client shall have unlimited license allowing client to modify the source however the client sees fit for their business and business use only.

All files other than the source or originals which is defined in the previous statement shall be the property of the CLIENT. These include HTMLS, PHP, Database, Flattened JPEG images, SWFs, GIFs etc.

Furthermore, All files used in the development of the website, including all source or originals, shall remain the property of the WEB SPECIALIST until duly paid by the CLIENT upon completion of the project as specified in the Project Time Schedule.


o THE CLIENT accepts no right to give away or resell any portion of the code created by the WEB SPECIALIST.

o The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer’s business. Where applicable the client will be given any necessary credit for usage of the project elements.

• LIMITATION OF LIABILITY. Should there be legal dispute from the execution of this Agreement, The WEB SPECIALIST’ liability shall be limited to the amount it has received from THE CLIENT as payment for its services.

• COMPLETION/DELIVERY OF PROJECT. Any shipping or insurance costs will be assumed by THE CLIENT. Any alteration or deviation from the above specifications involving extra costs will be executed with notice to THE CLIENT. Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer, shall entitle the WEB SPECIALIST to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay.

• ACCEPTANCE OF AGREEMENT: The above conditions are hereby accepted when the deposit has been made or an official contract has been drawn up and signed by THE CLIENT. The designer/developer is authorized to execute the project as outlined in this agreement once the deposit has been received.