peanut media

Definitions

• ‘we’, ‘us’, ‘Peanut’, ‘Peanut Media’, 'Peanut Media Ltd.'
  Peanut Media Ltd., Shine, Harehills Lane, Harehills, Leeds, West Yorkshire, LS8 5HS, United Kingdom.
• ‘you’, ‘client’, ‘customer'
  Your Company, Your registered company address.
• ‘system’
  Includes any computer or web-based system we have written or supplied to you, or have agreed to support.

1. Agreement of services
   Before we commence work on your system, we will give you a quotation in writing, in the form of a work order or proposal. Where agreed with both parties, work may also be agreed formally by email.  Later deviations from the work order or proposal may incur extra cost, but we will always inform you of the new price before we make the changes. The agreement will be valid for a period specified within the proposal or work order.
   
   
2. Safety of physical items sent to us
   Although we will try to ensure safety of any items sent to us, we cannot absolutely guarantee their safe return. The sending of any irreplaceable original items should be avoided.
   
   
3. Intellectual Copyright Clearance
   It is your responsibility to make sure you have the right to reproduce the text and images supplied by you. You indemnify us against any liabilities due to breach of intellectual copyright caused by any material supplied by you.
   
   
4. Intellectual Property and Ownership
   We retain ownership of all code, scripts and software produced by us, unless they have been otherwise licensed to you.  We hereby assign you the right to use any code, scripts and software produced by us for you, and the ownership of any design produced by us, once you have paid our fees in full, solely for the purpose of running your business. No other rights are assigned to you.
   
   
5. Consultancy and Advice
   Our consultancy service and general advice is, by its nature, subjective. It is up to you whether you decide to follow our ideas and suggestions.  We cannot guarantee that any of those ideas and suggestions will increase traffic to your website, improve your ratings with search engines or boost sales.  We will not be held liable for any claim, under this clause.
   
   
6. Payment for services
   The payment amount due will be as agreed in the proposal, quotation or work order. Payments for services are due immediately upon sending invoice, and in full, unless otherwise agreed. Any delay in payment of invoices will affect the progress of the project as work may stop until such payment has been made.
   
   
7. Deadlines and Timelines
   Any deadlines and timelines specified are only provisional and designed to act as a guide. We cannot be held responsible for any deviation of the requirements from the client that causes delays in meeting deadlines.
   
   
8. Website Content
   Unless otherwise agreed, you must provide and proof-read the material for your system, including any text and images.  It is your responsibility to ensure all material sent to us to be included on your system has been fully verified and virus checked by you.
   
   
9. Search Engine Optimisation and Consultation
   Due to the unpredictable nature of search engines and the constant changing of their indexing algorithms, we cannot guarantee search engine positions, or an increase in traffic to your website or system.
   
   
10. Keywords and Descriptions
    Initial keywords and descriptions relating to your system or website, company, and/or industry must be supplied by you.  You indemnify us against any liabilities due to breach of intellectual copyright or any infringement of trademarks caused by the use of keywords and descriptions supplied by you.
    
    
11. Web Server, Systems and Email Hosting
    You are responsible for ensuring your system(s) are up and running with their expected functionality.  We will not be held in any way responsible or liable for, system downtime, loss of data, or loss of business or revenue caused by either system(s) downtime or any third party supplier to us or you.  We will not be held liable for any claim, under this clause.  We reserve the right to refer any issues relating to hosting to our hosting provider’s customer or technical support department for resolution. Once the project is handed over, we are not in any way responsible for the 3rd party website and email server, or any affect this service may have on your website system(s). Any issues with this service are to be taken up with the 3rd party vendor.
    
    
12. Domain Names
    Only the domain name(s) included within the proposal or work order will be pointed to our web server.  Any domain name(s) you own are your responsibility, including all renewals, and associated costs.  Additional domain names can be sourced or pointed to our servers subject to further agreement, and will be charged based on our standard hourly rate.
    
    
13. Data protection
    You are responsible for making sure that you have the right to hold the data within your system(s) and/or database(s) that are hosted by us.  By signing this agreement you give us permission to hold that data in multiple locations for backup and disaster recovery management purposes.
    
    
14. Backups
    We may operate a server backup and disaster recovery system, where necessary, holding a copy of your web system(s) and database(s) offsite at the Peanut Media office, or on a remote server.  For security reasons Peanut Media will never generate copies or backups of any web system(s) or database(s) on removable media, such as CD or DVD.
    
    
15. Transfers
    We do not guarantee to be able to successfully transfer any system(s) or database(s) to our hosting service.
    
    
16. Design
    Peanut Media reserves the right to limit the number of revisions of any design work carried out.
    
    
17. Disaster Recovery
    If the website goes down we will endeavour return the site to its previous state as soon as possible, and due to the unpredictability of errors occurring, do not guarantee any specific timescales for resolution.
    
    
18. Force Majeure
    Our failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.
    
    
19. Cancellation Policy
    This Agreement may be terminated by either party in the event that the other party shall have committed any breach of the terms and hereof providing that party has been given due notice of such breach and has failed within fourteen days to remedy such. No refund(s) or compensation may be claimed due to the early termination of the agreement.
    
    
20. Indemnification
    You indemnify us against any and all liabilities, losses, costs and claims arising or resulting from (1) libellous material posted on your website or distributed via newsletter or email, (2) any injury to person or property caused by any products or services you sell or otherwise distribute from your website, newsletter or email, (3) any material on your website, newsletter or email addresses or supplied by you which infringes or allegedly infringes on the proprietary rights of a third party, (4) copyright infringement and (5) any defective products sold or otherwise distributed from your website, newsletter or email.
    
    
21. Contract Negotiation
    At the end of the initial contractual agreement, we reserve the right to, at any point, renegotiate the hosting and support costs and any other terms and conditions.
    
    
22. Legal
    In the event of dispute, this agreement is subject to English law.