In these conditions the “Client” means the person, firm or company who commissions the services of Media Shark (a division of Blue Shark Design Ltd). By commissioning Media Shark to undertake work (projects) on their behalf, the Client agrees that these Terms & Conditions of Trading define our working relationship. All work, services or goods that Media Shark may be contracted to produce or provide for the Client will be subject to the following:
For each project, the Client will receive a proposal outlining the project specifications and estimated fees for our time based on Media Shark’s current hourly rate and, where appropriate, any goods and professional services commissioned by Media Shark in order to complete the project. Work will begin upon the Client’s written or oral approval of the proposal and this will constitute an agreement. The Client agrees to pay Media Shark in accordance with the terms specified in each proposal. Proposals are valid for only 30 days from the date issued.
Deposits are non-refundable, and if a project is cancelled by the Client, for whatever reason, the deposit will serve as a cancellation fee, along with a prorate payment based upon the time spent if it exceeds 50% of the quoted work.
In the case of a change of mind by the Client this deposit is non-refundable. Media Shark endeavours to provide digital marketing services that meet and exceed the Client’s expectations, but in the event of a “change of mind” by the Client, the initial deposit is forfeited and acts as a cancellation fee. The deposit is to ensure the Media Shark allocates time in the schedule to create work for the Client.
All credit accounts shall be paid up on or before the 30th day after the date of the invoice. Media Shark reserves the right without notice to charge interest on past due balances at the rate of 2% above base rate per month and reserves the right to refuse completion or delivery of work until past due balances are paid.
The Client shall pay Media Shark’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts. For some projects Media Shark may charge stage payments or monthly payments.
Limitation of Liability
Search engines change their algorithms regularly, which can result in fluctuations in your search ranking positions. Media Shark will not be held responsible for these fluctuations or if an algorithm change results in dramatic changes to the fortunes of your website and/or its rankings.
In no event shall Media Shark be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever.
Neither party shall, without the authority of the other, disclose to any third party any confidential information concerning the products, customers, business, accounts, finance or contractual arrangements or other dealings, transactions or affairs of the other which may come to that party’s knowledge in the course of performing its duties under contract.
Media Shark acknowledges that in providing its service to the Client it may have access to and process confidential and personal information of the Client or the Client’s clients. Media Shark agrees that for the purposes of the Data Protection Act 1998 it acts as a data processor when processing such data and will only process data in accordance with the Clients instructions and the Data Protection Act 1998. In particular, Media Shark agrees to implement technical and organisational measures to keep the data secure in accordance with the seventh data protection principle and to provide the Client with such information as the Client reasonably requires from time to time to confirm this.
Media Shark agrees to keep confidential all information it learns about the Client or the Client’s clients other than that information already in the public domain, or information which is required to be disclosed by law or by any regulatory body.
Media Shark and the Client shall attempt to resolve any dispute arising, firstly through negotiations between senior managers and if the matter is not resolved within two weeks, the parties will attempt to resolve the dispute in good faith through an Alternative Dispute Resolution (ADR) procedure as recommended to the parties by the Centre for Dispute Resolution. If the matter has not been resolved by an ADR procedure within 30 days of the initiation of that procedure, or if either party will not participate in an ADR procedure, the dispute shall be decided by the High Court of England and Wales and the parties submit to its exclusive jurisdiction for that purpose.
If paying by direct debit, please note that Media Shark (a division of Blue Shark Design Ltd) has appointed the BACS Approved Direct Debit Bureau, Eazy Collect Services Limited (www.eazycollect.co.uk), to collect your payments. Eazy Collect Services Ltd will be shown on your bank statement for these direct debit payments.