Terms and Conditions

All fair, square and legal at 4D Media Technology Limited

4D Media Technology Limited and its affiliates ("4D Media Technology Group" or "we") provide its content on this website (the "Site" and "Site Content") subject to the following terms and conditions (the "Terms").

We may periodically change the Terms, so please check back from time to time. These Terms were last updated on 1st September 2019. By accessing and using this Site, you agree to these Terms.

For an explanation of 4D Media Technology Limited practices and policies related to the collection, use, and storage of our users' information, please read our privacy policy.

Summary:

We will always do our best to fulfil your needs and meet your expectations, but it is important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong.

In this contract you will not find any complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. What we do want is what is best for both parties, now and in the future.

What do both parties agree to?

You:

You have the authority to enter into this contract on behalf of yourself, your company or your organisation.

You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for.

You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together.

You also agree to stick to the payment schedule set out at the end of this contract.

Us:

We have the know-how and ability to do everything we have agreed with you and we will do it all in a professional and timely manner.

We will endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

Copyrights

All content and functionality on the Site, including text, graphics, logos, icons and images and the selection and arrangement thereof is the exclusive property of Code or its licensors and is protected by English and international copyright laws. All rights not expressly granted are reserved.

Trademarks

The trademarks, service marks, designs and logos (collectively, the "Trademarks") displayed on the Site are the Trademarks of 4D Media Technology Limited and its licensors. You agree that you will not refer to or attribute any information to 4D Media Technology Limited or its licensors in any public medium (eg press release, websites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party, and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, 4D Media Technology Limited or its licensors.

Use of Site Content

4D Media Technology Limited hereby grants you a non-exclusive, non-transferable license to access and download, display, and print one copy of the content and functionality displayed on the Site (the "Site Content") on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without 4D Media Technology Limited's prior written consent.

User Postings

You acknowledge and agree that 4D Media Technology Limited shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against 4D Media Technology Limited for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with 4D Media Technology Limited’s use and publication of such submissions.

You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libellous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offence, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements.

4D Media Technology Limited does not and cannot review all information posted to the Site by users and is not responsible for such information. However, 4D Media Technology Limited reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

Notices of Infringement and Takedown by 4D Media Technology Limited

4D Media Technology Limited prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

If you believe that your intellectual property right *or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to 4D Media Technology Limited at the address shown below, giving a written statement that contains:

(a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed;

(b) identification of the allegedly infringing material on the Site that is requested to be removed;

(c) your name, address, and daytime telephone number, and an e-mail address if available;

(d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorised by the owner, its agent, or the law;

(e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorised to act on behalf of the owner of the right that is allegedly infringed; and

(f) the signature of the intellectual property right owner or someone authorised on the owner's behalf to assert infringement of the right.

Domains

We do not buy domains on behalf of our clients as we believe this is a key asset for your business and full ownership of this should reside with you. You can purchase the domain and provide us with the login details for the domain registrar so that we can make any DNS changes required.

Hosting

We provide hosting for our own built websites on our preferred hosting providers including One.com, SiteGround, Godaddy, AWS, Google Cloud Platform depending on the requirements of the project.

Based on their SLA we endeavor to have 99.9% uptime on our servers measured annually.

There may of course be times when the server will not be available, this can be scheduled or unscheduled.

Scheduled downtime is when we know it is going to happen and tell you about it in advance.

There may be very rare occasions when we need to restart the server during normal office hours and it is not possible to inform you beforehand. We don’t make these decisions lightly and if this does happen we apologise.

Unscheduled downtime is when the server stops without us knowing it is going to stop. For a simple server hiccup, we’ll get it back up and running as fast as we can. From time to time things go wrong with hardware and we will work with the hosting company to ensure the server is back up and running as soon as possible.

We are not obliged to keep any backups. If you would like us to keep backups, we can prepare a separate quote for this. The hosting provider typically keeps daily backups for a 7 day rolling period and we should be able to access these backups if required, but we cannot guarantee this.

We do not provide email hosting and instead recommend that you use a specialist email provider such as Google Suite or Microsoft 365. We do not provide services to setup these email services and this is not included in our scope of work.

Integrations

On projects where we are building integrations with other systems, we can only guarantee the functionality of the integration with the versions of the API’s/interfaces when the build was completed.

Although we make the best effort to future proof the code, we integrates various systems together and we are not in control of any changes made on those systems. As such when major upgrades happen to these systems, we may be required to update the code to work with the new environment and this will be quoted for separately.

If bugs/changes appear in these APIs/interfaces (this sometimes happens even on the same versions after sign off as the providers can push updates and not increment the version numbers) after the project is signed off, we are happy to investigate and implement workarounds to ensure functionality, but this will be quoted for separately.

Third Parties

Where we need to work with third parties to achieve the requirements of the project, we will be reliant on them for timely feedback and responses. If we do not receive this in a timely fashion, this will affect the delivery date, although we will do our best to avoid this.

We also assume that you will provide us with any licences or sandbox access required to access or interact with these third party systems. These are not costed for in our proposal.

Disclaimers

The content and functionality on the site is provided with the understanding that 4D Media Technology Limited is not herein engaged in rendering professional advice and services to you.

All content and functionality on the site is provided "as is," without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose.

4D Media Technology Limited and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. 4D Media Technology Limited shall have no liability or responsibility for any information published on linked websites, contained in any user submissions published on the site, or provided by third parties.

Neither 4D Media Technology Limited nor its third-party content providers shall be liable for any indirect, incidental, consequential or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.

Third-Party Web Sites

We may provide links to third-party websites. 4D Media Technology Limited has no responsibility for these third-party websites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

Payment Terms

We’re sure you understand how important it is that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

50% due before any work can begin on the project
50% due upon sign off, before the project goes live

We issue invoices electronically. Our payment terms are 7 days from the date of invoice by BACS or the SWIFT international payments system.

All proposals are quoted in British Pound Sterling (£) and payments will be made at the equivalent conversion rate at the date the transfer is made.

You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice.

We reserve the right to charge interest on all overdue debts (7 days past the invoice due date) at the rate of 12% per month or part of a month.

All deposits are non refundable once project work has been started unless the customer cancels the order within the 14 days cooling off period.

Customers maybe entitled to a 60% refund of the deposit if they cancel within the 14 days cooling off period provided the project is still at its initial idea / brainstorming stage i.e, no development work as been started.

Sign off

Please note; the customer shall not take ownership of the project until 100% of the quoted price has been paid off unless the projected is under the monthly recurring payment structure. This means that 4D Media Technology Limited reserves the right to auction or sell off any unpaid or defaulted projects which includes and not limited to any branding work, domain names, apps, software built as part of the project etc.

When the project is completed, we will make it available for you to test and sign off. Once the project is signed off, you acknowledge that the project is complete and any further changes are chargeable separately.

Payment of the final invoice is deemed to be acceptance of deliverables.

Sign-off is deemed to have been acceptable to you after a period of 14 days from the release of the project to the client, if no adverse response has been made by the client.

Technical support

Our support team is available during normal working hours (Monday to Friday, 9 AM to 6 PM UK time) except on public holidays. Support will be charged on an hourly basis unless there is a retainer in place. We will always advise you of a time estimate before starting any work.

Maintenance

With any platform or framework used in web development, it is highly recommended to keep them updated with the latest releases and security patches. If you sign up to our maintenance contract, we will ensure that any security updates are applied within 7 working days (usually much sooner) depending on the severity.

For WordPress sites, we will also apply any feature updates within 30 days as soon as we deem the update to be stable to prevent any issues on your site. Our WordPress maintenance package also includes weekly malware scans, IP and Brute Force lockouts and blacklist monitoring.

For other frameworks, we will only apply feature updates to the framework if it fixes a serious bug to ensure the stability of the application we have built for you.

Disputes

We sincerely hope it never comes to this, but if it does, then both parties agree that disputes regarding these Terms shall be dealt with in the following manner:

The dispute should be raised by you via email to support@4dmedia-tech.com
If the dispute is not resolved then it will be escalated to our senior management.
If the dispute cannot be resolved at this stage, both parties will attempt to agree a mediator for the dispute. If we cannot agree a mediator then we will contact the Law Society of England and Wales to appoint a mediator.
If the dispute is still not resolved, then both parties agree that the English courts can settle the dispute.
We shall bear our own costs for the dispute procedure, up to any involvement of the English courts. You shall do the same.

Governing Law

These Terms and conditions are governed by and shall be constructed in accordance with the Laws of England and under the jurisdiction of the English Courts.