1. Introduction

Welcome to Media Gem. Media Gem provides web design, digital marketing, graphic design, video production, and related services. By purchasing services from Media Gem, you agree to the following terms and conditions.

2. Acceptance of Terms

By making a purchase from Media Gem, you accept and agree to be bound by these terms of service. If you do not agree to these terms, please refrain from making a purchase or using our services.

3. Description of Services

Graphic Design: Graphic design encompasses all of our design work, including logos, imagery, animations, illustrations, and other graphical content used in various formats. These designs can also be integrated with video clips.

Web Design: Web design includes the creation of websites. Maintenance is optional and available as a separate service. Clients opting for a D.I.Y. or partially managed package are responsible for maintaining their websites unless they have purchased a separate maintenance package. Should a problem arise due to a website not being maintained or poorly maintained, any repairs may incur a charge.

Digital Marketing: Digital marketing services are tailored to the business’s specific requirements. Services are discussed with the client, a plan of action is created, and costs are agreed upon. Services may include a mix of Local SEO (including on-page SEO and link building), Social Media Marketing, and Video Marketing. Occasionally, it may involve sourcing additional specialized professionals, in which case Media Gem will assume a management role.

Video Production: Video production involves creating promotional videos using AI. Media Gem handles the script creation and video production, with all videos being edited by Media Gem for final release.

4. User Responsibilities

Clients agree to the following responsibilities when engaging Media Gem’s services:

• Accurate Information: Clients are responsible for providing accurate and complete information to Media Gem, including all content, images, and other materials required for the project.
• Timely Communication: Clients must respond promptly to Media Gem’s requests for information, feedback, and approvals to ensure timely project progression. Failure to provide requested information and materials in a timely fashion will result in an invoice covering the cost of work completed to date.
• Approval of Work: Clients are responsible for reviewing and approving work at various stages of the project. Any changes or revisions should be communicated clearly and promptly.
• Adherence to Deadlines: Clients must adhere to any agreed-upon deadlines for providing materials, feedback, and approvals.
• Compliance with Laws: Clients must ensure that all materials provided to Media Gem comply with applicable laws and regulations, including copyright and trademark laws.
• Payment of Fees: Clients agree to pay all fees associated with the services provided by Media Gem as outlined in the agreed-upon contract or invoice.
• Maintenance of Content: Clients opting for a D.I.Y. or partially managed package are responsible for maintaining the website’s content and ensuring it remains up-to-date and functional unless a separate maintenance package has been purchased. Media Gem assumes no responsibility for any content on a D.I.Y. or partially managed website. Any content suspected to be illegal, misleading, or inappropriate will result in immediate account suspension and may lead to the termination of some or all of the client’s services.
• Data Protection: D.I.Y. or partially managed website authors are responsible for the collection and upkeep of user data, in compliance with the UK Data Protection Act.

5. Payment Terms

• Deposit Requirement: Media Gem requires a deposit for services. The deposit amount varies depending on the type of work, total cost, and roll-out time. Costs and the deposit are agreed upon prior to invoicing.
• Invoicing and Due Dates: Once agreed, an invoice will be issued with a specified due date. Clients must ensure payment is made by this date.
• Overdue Payments: If an invoice becomes overdue, automated reminder emails will be sent. Some services, such as hosting, will be automatically suspended if not paid within the grace period specified in the invoice. The grace period varies from service to service.
• Payment Options: Payments may be made in instalments, as a subscription, or as a one-off service, depending on the service purchased.
• Late Payment Policies: Late payment fees do not currently apply to any of our services. However, accounts will be terminated, including all services, if a satisfactory resolution cannot be agreed upon between Media Gem and the client.

6. Intellectual Property Rights

• Ownership of Work: Media Gem retains all intellectual property rights to the work produced until final payment is made, unless agreed otherwise.
• Promotional Use: In certain cases, such as promotions offering free or heavily discounted products/services, Media Gem may retain the rights to the work and use it in our own marketing materials. This will be agreed on an ad hoc basis with the client.
• Transfer of Rights: Upon final payment, all rights to the work produced will be transferred to the client, unless otherwise specified in a separate agreement.

7. Privacy Policy

Media Gem is committed to protecting your privacy. For detailed information on how we handle client information and data, please refer to our Privacy Policy, which can be viewed at https://media-gem.co.uk/privacy-policy/.

8. Limitation of Liability

• No Guarantee: Media Gem makes no guarantees regarding the results or outcomes of our services. While we strive to provide the highest quality service, we do not guarantee specific results, including but not limited to increased website traffic, improved search engine rankings, or increased sales.
• Indirect Damages: Media Gem shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our services, including but not limited to loss of profits, loss of data, or loss of business opportunities.
• Maximum Liability: The maximum liability of Media Gem to the client for any claim arising out of or in connection with our services shall not exceed the total amount paid by the client to Media Gem for the specific service in question.
• Client Responsibility: Clients are responsible for ensuring the accuracy and legality of all content provided to Media Gem. Media Gem shall not be liable for any claims or damages arising from the use of illegal, infringing, or inappropriate content.
• Service Interruptions: Media Gem shall not be liable for any interruptions, delays, or failures in the delivery of our services due to circumstances beyond our control, including but not limited to acts of God, natural disasters, or technical failures.

9. Termination

• Client Termination: Clients may terminate their agreement with Media Gem at any time and under any circumstances. However, termination may result in an invoice for any uninvoiced work carried out up to the date of termination.
• Media Gem Termination: Media Gem reserves the right to terminate the agreement if the client breaches any terms and conditions or fails to make timely payments. In such cases, Media Gem will provide written notice to the client.
• Effect of Termination: Upon termination, all services provided by Media Gem will cease. Any outstanding payments for services rendered must be settled immediately. Additionally, Media Gem retains the right to suspend or terminate any related accounts and services if deemed necessary.

10. Governing Law

These terms of service shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Contact Information

If you have any questions or need support, you can reach Media Gem at:

• Phone: 01424 307 024
• Address: 47 Edmonton Road, Bexhill on Sea, East Sussex, TN39 4BJ
• Contact Page: Contact Media Gem

For email inquiries, please visit our contact page.