Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY,
AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.


OVERVIEW

Welcome to this website (this "Site"), which is owned and operated MyMediaCrate.com These Terms of Use (these "Terms of Use") set forth the terms and conditions of your use of this Site and the products and services (individually and collectively, the "Services") found at this Site.

Whether you are simply browsing this Site or are a Media Crate Customer, your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use, along with the following policies and agreements, which are incorporated herein by reference:

The terms "we", "us" or "our" shall refer to Media Crate. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services found at this Site. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

Media Crate, in its sole and absolute discretion, may change or modify these Terms of Use, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Media Crate may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of these Terms of Use as last revised. If you do not agree to be bound by these Terms of Use as last revised, do not use (or continue to use) this Site or the Services found at this Site.


Terms and Conditions

1. Contract:

The client's approval for work to commence shall be deemed a contractual agreement between the client and Media Crate. The approval for the work can be either an email confirming back the quote (with the quote document attached) or the quote document signed by the client. Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts these terms and conditions.


2. Material:

All material supplied by the client shall remain the client's property. It will be assumed that this material belongs to the client and that it does not breach any copyright laws.


3. Domain Names:

Domain names registered on the Customer&pos;s behalf are at no time the property of the Customer. Upon registration of a domain name the customer acquires the right to use the domain name for the period agreed but does not hold title to it. Where Media Crate Hosting has registered the domain name on the customer's behalf this domain name will be registered to Media Crate Hosting.

Media Crate Hosting agree to transfer this domain to the customer or his/her agent when asked to do so provided that all accounts have been settled.


4. Registration Charges:

All third party costs arising from the registration of a domain name/purchase of third party utilities/services shall be met by the Client and are payable to Media Crate before a formal application for registration is made. This is included in the standard invoice issued after approval for work to commence.


5. Copyright:

Media Crate will retain the copyright of any material, including design, artwork and the source code, created for the client by Media Crate. Once final payment has been received by Media Crate copyright may be transferred to the client if previously agreed. Media Crate reserves the right to retain the copyright on all material created by Media Crate.


6. Photography and Graphics:

Media Crate may use stock photographs and images in the design and build of the site. Images and graphics purchased from stock libraries are not generally included in the quote unless otherwise stated and will only be included once the client has approved the additional cost.

General reworking and editing of artwork and photography supplied by the client will be included in the quote but where Media Crate considers the amount or extent of work involved in editing or reworking assets Media Crate reserves the right to charge for the time of carrying out such work at its usual company hourly rates.


7. Browser Compatibility:

Media Crate makes every effort to design pages that display acceptably in the most popular current browsers i.e. IE7 and Latest version of FireFox released on the date of project agreement, but cannot accept responsibility for pages that do not display acceptably in new versions of browsers released after pages have been designed. IE 6 is an outdated browser we should pay tribute to it and say goodbye and upgrade our browsers or should start using Firefox which is free to download and performs much better than IE 6.


8. Search Engine Submission:

Media Crate is not responsible for the client's on-going web site promotion. Should the client require the site to be promoted a separate contract must be agreed. Media Crate can make no guarantees about the success of any search engine promotion activity because this is controlled by the search engines.


9. Cancellation:

Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly. If cancellation takes place prior to completion the client will be charged what Media Crate consider to be a reasonable amount for the work carried out to that date.


10. Site Maintenance:

Media Crate does not undertake to maintain or update a client's website as part of the design commission. If a client wishes Media Crate to maintain or update a web site as a separate commission, Media Crate will negotiate with the client a maintenance contract appropriate to the amount of work required.


11. Content:

Media Crate cannot be held liable for any information contained within The Client's web site. The content of such remains the copyright and intellectual property of The Client.


12. Examples of Work:

Media Crate retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.


13. Signature:

Media Crate signature must be put on the site preferably at the bottom of the website (on all the pages) and it should link back to www.mymediacrate.com. If the client must remove this link an additional price of $49 will be charged.


14. Travel Time and Expenses:

Traveling time to and from customer premises is not generally included in our estimate. If a visit/travel is required for meeting, The Client will bear all the expenses or as agreed by both the parties.


15. Quotations:

The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required, as the site is developed, then we will provide a separate quote for the additional work and may need to review the timescale for completing the project.


16. Upfront Payment:

An advance of 50% of the total cost of the project is required before work can commence. After work commences this is non-refundable.


17. Payment terms:

Payment is currently accepted by Cash, Check, Credit & PayPal, unless otherwise agreed.


18. Payment:

Payment will be due within 30 days of invoice. Full publication of the Web Pages may take place only after full payment has been received unless otherwise agreed. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of US$ 100 will be required to have the site restored. Accounts that have not been settled within 30 days of the date shown on the invoice will incur a late payment charge of 10% of the amount outstanding.


19. Internet Service Provider:

The customer understands that any Internet Service Provider (ASP) services or Website storage services will require a separate contract with the ISP. Media Crate will agree to set up a domain name with host if required, but will not be held responsible for any changes made by the server supplied.


20. 90 Day Website Support:

For all Media Crate Web packages -we provide Free technical support for 90 Days from the date of delivery of the project or project files are moved to your hosting account; whichever happens earlier. 90 Day Technical Support is available for all the bugs/errors found in our server side scripting or Java script errors. To give you our best services, we take this responsibility of Free support at no extra cost to you until and unless some other designer/developer modifies the project files we have delivered.


21.TRADEMARK AND/OR COPYRIGHT CLAIMS

Media Crate supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please Contact Media Crate, and state your claim with information pertaining to your concerns.


22. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Media Crate. Media Crate assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Media Crate does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Media Crate from any and all liability arising from your use of any third-party website. Accordingly, Media Crate encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.


23. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". MEDIA CRATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEDIA CRATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MEDIA CRATE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MEDIA CRATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.


Notes:

In no event will Media Crate be liable to the customer or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or website, even if Media Crate has been advised of the possibility of such damages. Despite the best efforts of Media Crate errors in web page information will occur. At no time will Media Crate be responsible for accidentally including erroneous information extend beyond correcting the error.

Should Media Crate waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Media Crate to waive the same clause on any other occasion.

By agreeing to these terms and conditions your statutory rights are not affected.

Media Crate reserves the right to alter prices displayed on the website at any time without prior notice. If a client has availed any services from Media Crate prior to a change in prices, that shall not be subject to any increase, but any subsequent services may be subject to an increase (unless otherwise agreed to with the client in the terms agreed to between client and Media Crate).

Media Crate reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required, please contact us.