Terms and Conditions

YPod Media Terms and Conditions

All Terms and Conditions stated within this document override any Terms and Conditions from the client.

By agreeing to YPod Media doing any work for you or your business, either paid or unpaid, you state that you have read, fully understand and agree to the full terms and conditions found here.

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern YPod Media’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘YPod Media’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 108 Burnside Road, Newarthill, Motherwell, ML1 5BU. The term ‘you’ refers to the user or viewer of our website.

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by YPod Media and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of YPod Media. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, YPod Media takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control

Copyright Notice

This website and its content is copyright of YPod Media – © YPod Media 2016. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

you may print or download to a local hard disk extracts for your personal and non-commercial use only

you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Terms and Conditions for all Work Agreed or Carried Out by YPod Media

By agreeing that YPod Media will undertake any work or provide any services for you or your company, you agree that you have fully read, understood and agree to YPod Media’s full terms and conditions stated here.

All Terms and Conditions stated within this document override any Terms and Conditions from the client.

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern YPod Media’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘YPod Media’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 108 Burnside Road, Newarthill, Motherwell, ML1 5BU. The term ‘you’ refers to the user or viewer of our website.

Wedding Films

All terms and conditions for wedding videography or wedding services can be found at www.ypodweddingfilms.co.uk

Photography

1. Copyright

The Copyright and Design Act 1988 assigns the copyright of the images to YPod Media. It is contrary to the Act, and therefore illegal, to copy these images or allow them to be copied, by any means photographic, by computer, internet or otherwise, by any person or machine other than by the photographers or their appointed agents, unless a royalty-free licence has been granted. YPod Media is within their full legal right to fine anyone who breaks the above quoted law.

2. Copyright (material provided by client)

In the event of the client providing material (video, audio, photographs, logos etc) for inclusion in a YPod Media production, copyright must firstly be obtained from the original copyright owner / material provider. This is the sole responsibility of the client to ensure full copyright permissions have been explicitly transferred to YPod Media. The client will indemnify YPod Media against any future possible claims, disputes, and expenses or similar that may arise for a third party concerning usage of such material.

Any cost required for the use of any images or photographs such as from the copyright owner or stock/ royalty free images from websites such as www.istockphoto.com etc must be paid for in full by the client and is not included in any quotes given by YPod Media.

YPod Media reserve the right to decline to use material if there is sufficient reason to believe a copyright violation is taking place.

YPod Media will reserve the right to use the final production in full or in part for promotional purposes.

3. Display

The client hereby allow YPod Media to display any images covered by this contract and to generally promote YPod Media by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the client. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. However, it may not always be possible to prevent determined persons from accessing these galleries.

4. Licence and Coverage

a) YPod Media shall be granted artistic licence in relation to the poses photographed and the locations used. Although every effort will be made to comply with the client’s requirements, YPod Media’s judgment regarding the location, poses and number of photographs taken shall be deemed correct.

b) For bookings involving a church ceremony or at certain other venues and events, photographers movements are sometimes restricted by the minister or official in charge. Therefore, photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. YPod Media cannot accept responsibility for limited coverage in such cases.

c) Whilst YPod Media shall endeavor to fulfill all of the client’s requirements, they cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings which prevent the coverage of certain specified shots.

d) Any alterations made to the booking by the client once details have been confirmed may only be made at the discretion of YPod Media. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue), YPod Media are not liable to compensate the client in any way whatsoever.

5. Image Reproduction

a) Due to photo chromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibers, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images and footage, YPod Media will endeavor to achieve a pleasing overall colour balance based on natural flesh tones unless a creative edit or the photographs has been booked. YPod Media’s has full control over the final editing and colour grading of all photographs and therefore, their judgement shall be deemed correct,

b) It is understood that some colours may not remain consistent throughout a set of photographs due to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable.

c) Due to the limitations of computer monitors/ televisions/ equipment it is understood that images may appear differently according to the specification of each monitor or device and that prints will not match images rendered on any particular computer monitor.

d) Where images are made available for use with a personal computer the default operating system shall be Windows 7. Products may not function on other operating systems.

e) Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players, particularly older models.

f) We use only quality branded CDs and DVDs, ensuring each is checked before dispatch, but it remains the responsibility of the client to check discs for in-transit damage. YPod Media cannot be held responsible for damage to equipment resulting from defective media.

g) All print and presentation sizes quoted are approximate and subject to the discretion of the YPod Media. Any written quote provided by YPod Media is valid for 24 hours.

6. Photographic Results

By using YPod Media you are granting them full creative control over the final outcome of your photographs. If no specific requirements are made known, YPod Media will edit/render and produce the final photographs, on the understanding that you trust YPod Media to give you the best possible finished result. YPod Media’s judgement in all areas of photographing editing and colour grading for photographs will be deemed correct.

7. Health and Safety

In all instances YPod Media will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behavior. In this instance the client will be liable for any costs incurred as a result of this. YPod Media will observe the client’s site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.

8. Weather

In the event of extreme or dangerous weather conditions, YPod Media reserves the right to change the date of filming to a more suitable day. YPod Media has the right to refuse to film where conditions may cause damage to our equipment or where the safety of our personnel to be compromised.

9. Aborting filming (on shoot day) or re shooting due to clients lack of organisation.

In the event of filming being delayed or aborted due to a lack of organisation from the client, YPod Media reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.

10. Changing filming dates

In the event of the Client wishing to change the date booked, YPod Media insists on a minimum of 4 week notice.  Failure to comply will result in the Client becoming 100% liable for all costs incurred.

11. Equipment substitution / failure

In the unlikely event that YPod Media experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible.  The equipment used on the day of filming will be at the discretion of the Senior member of the filmcrew. If YPod Media are unable to film due to any failures in our equipment a re-shoot will be organized with no additional charge.

No further claims or liability will be accepted.

12. Access for filming

If filming venues are being organised by the Client, it is the Clients responsibility to ensure that YPod Media has clear access to all relevant locations required throughout the day.

13. Payment and Prices

a) A non-refundable booking fee which will be detailed in any written invoice is required to secure the YPod Media’s services.

b) Prices agreed on booking are guaranteed once the booking fee has been paid. Any additional extras not included in your original invoice may incur a further charge, the sum of which will be provided to the client in an invoice via letter/e-mail.

c) Addition prints or reprints or copies of video (not included in your package) will always incur an additional charge which will be invoiced to the client via letter/ email.

d) We will include any mileage fees and (if required) an accommodation fee within the original invoice supplied to the client. If locations and timings have not yet been agreed upon when the invoice is sent, they may be included in an updated invoice once these details have been agreed. YPod Media not will accept responsibility for any unforeseen additional travel/ accommodation costs which are not caused by them directly. The client will be liable to pay an extra charge in any such circumstances which will be invoiced via e-mail or letter.

e) The full invoice amount must be paid 7 days before the event. The client may face a £25 non-payment penalty as a result of not paying the full invoice amount 7 days before the event. If payment is not received, YPod Media will take this as a cancellation of the contract for all services. In the case of a cancellation due to non-payment, the client will not be refunded the initial deposit or any other money paid..

14. Cancellation

a) In the highly unlikely event of cancellation by YPod Media, or unavoidable total equipment failure, YPod Media will offer a full refund of any booking fees and fees paid. Re-shoots may be arranged if practicable but YPod Media will not be responsible for any further costs.

b) If the client should have to cancel a booking the following cancellation fees will be due immediately:

The booking fee is non-refundable once it has been paid.

If a client cancels but wishes to rebook on an alternative date which is suitable to YPod Media, their booking fee will be transferred onto the new date (of available) given that no cost additional cost is incurred by YPod Media. If YPod Media’s prices have increased since the initial booking, the client may be charged the increased fees which relate to the new date booked.

It is the client’s sole responsibility to inform YPod Media as soon as possible of any changes to the date, venue, time etc.

15. Performers/ Guests Agreement

YPod Media will not be responsible for anyone who does not wish/ agree to be featured a production. The responsibility rests with the client to ensure that all people featured in any YPod Media production has given their full consent to be part of the production. No liability will be accepted by YPod Media if the production has to be re-edited due to a performer/ guest/ speaker etc refusing permission to show their image or use their audio in whatever form. If re-editing is required, YPod Media will issue an additional charge invoice to the client which must be paid before any re-editing work will be done.

It is the sole responsibility of the client to arrange any consent forms required for all persons involved.

Video Production

1. Copyright (material filmed by YPod Media)

The Copyright of all material that has been captured by YPod Media is solely owned by YPod Media and is protected under UK Law.

Upon completion and cleared funds, we will, in some instances and upon prior agreement, transfer the Copyright Ownership to the client. Any instance of this will always be clearly specified in your written quotation.

In both circumstances, YPod Media reserves the right to use the footage / material /media, either in sections or in its entirety, for promotional purposes without further consent from the client.

2. Copyright (material provided by client)

In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion in a YPod Media production, copyright must firstly be obtained from the original copyright owner / material provider. This is the sole responsibility of the client to ensure full copyright permissions have been explicitly transferred to YPod Media. The client will indemnify YPod Media against any future possible claims, disputes, and expenses or similar that may arise for a third party concerning usage of such material.

Any cost required for the use of any video such as from the copyright owner or stock/ royalty free video etc must be paid for in full by the client and is not included in any quotes given by YPod Media.

YPod Media reserve the right to decline to use material if there is sufficient reason to believe a copyright violation is taking place.

YPod Media will reserve the right to use the final production in full or in part for promotional purposes.

3. Licence and Coverage

a) YPod Media shall be granted artistic licence in relation to the subjects recorded and the locations used. Although every effort will be made to comply with the client’s requirements, YPod Media’s judgment regarding the location, subjects and length of footage taken shall be deemed correct.

b) For bookings involving a church ceremony or at certain other venues, videographer’s movements are sometimes restricted by the minister or official in charge. Therefore, recording of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. The videographers cannot accept responsibility for limited coverage in such cases.

c) Whilst the videographers shall endeavor to fulfill all of the client’s requirements, they cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings which prevent the coverage of certain specified shots.

d) Any alterations made to the booking by the client once details have been confirmed may only be made at the discretion of the videographer’s. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue), the videographer’s are not liable to compensate the client in any way whatsoever.

4. Approval / Amendments of Video produced by YPod Media

In some instances, a ‘draft ‘version of the production will be forwarded to the client for their review. This must be agreed in advance and does not come as standard therefore, will be charged separately if agreed. This draft may receive one set of minor revisions only which is included in the original agreed cost. Subsequent revisions thereafter or any major re-editing will incur an additional charge which will be invoiced to the client and must be paid in full before any amendments/ editing will be done.

5. Health and Safety

In all instances YPod Media will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behavior. In this instance the client will be liable for any costs incurred as a result of this. YPod Media will observe the client’s site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.

6. Weather

In the event of extreme and dangerous weather conditions, YPod Media reserves the right to change the date of filming to a more suitable day. YPod Media has the right to refuse to film where conditions may cause damage to our equipment or where the safety of our personnel to be compromised.

7. Aborting filming (on shoot day) or re shooting due to clients lack of organisation.

In the event of filming being delayed or aborted due to a lack of organisation from the client, YPod Media reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.

8. Changing filming dates

In the event of the Client wishing to change the filming date we insist on a minimum of 4 week notice.  Failure to comply will result in the Client becoming 100% liable for all costs incurred.

9. Equipment substitution / failure

In the unlikely event that YPod Media experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible.  The equipment used on the day of filming will be at the discretion of the Senior member of the filmcrew. If YPod Media are unable to film due to any failures in our equipment a re-shoot will be organized with no additional charge.

No further claims or liability will be accepted.

10. Invoice and Work quoted

All works undertaken by YPod Media will be delivered to the Client via written quotation before the day of filming. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will incur an additional charge which will be invoiced to the Client.

11. Access for filming

If filming venues are being organised by the Client, it is the Clients responsibility to ensure that YPod Media has clear access to all relevant locations required throughout the day.

12. Video Results

By using YPod Media you are granting them full creative control over the final outcome of your video. If no specific requirements are made known, YPod Media will edit/render and produce a final video, on the understanding that you trust YPod Media to give you the best possible finished result. YPod Media’s judgement in all areas of photograohing, filming, editing and colour grading for photographs and video will be deemed correct.

Where footage is made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players, particularly older models.

We use only quality branded CDs and DVDs, ensuring each is checked before dispatch, but it remains the responsibility of the client to check discs for in-transit damage. YPod Media cannot be held responsible for damage to equipment resulting from defective media.

13. Payment and Prices

a) A non-refundable booking fee which will be detailed in any written invoice is required to secure the YPod Media’s services.

b) Prices agreed on booking are guaranteed. Any additional extras not included in your original invoice may incur a further charge, the sum of which will be provided to the client in an invoice via letter/e-mail.

c) Addition prints or reprints or copies of video (not included in your package) will always incur an additional charge which will be invoiced to the client via letter/ email.

d) We will include any mileage fees and (if required) an accommodation fee within the original invoice supplied to the client. If locations and timings have not yet been agreed upon when the invoice is sent, they may be included in an updated invoice once these details have been agreed. YPod Media not will accept responsibility for any unforeseen additional travel/ accommodation costs which are not caused by them directly. The client will be liable to pay an extra charge in any such circumstances which will be invoiced via e-mail or letter.

e) The full invoice amount must be paid 7 days before the event. The client may face a £25 non-payment penalty as a result of not paying the full invoice amount 7 days before the event. If payment is not received, YPod Media will take this as a cancellation of the contract. In the case of a cancellation due to non-payment, the client will not be refunded the initial deposit or any other money paid as part of the design payment.

F) Payment of all or part of a YPod Media invoice further confirms that you have fully read, understood and agree to their full terms and conditions shown here.

14. Cancellation

a) In the highly unlikely event of cancellation by YPod Media, or unavoidable total equipment failure, YPod Media will offer a full refund of any booking fees and fees paid. Re-shoots may be arranged if practicable but YPod Media will not be responsible for any further costs.

b) If the client should have to cancel a booking the following cancellation fees will be due immediately:

The booking fee is non-refundable once it has been paid.

If a client cancels but wishes to rebook on an alternative date which is suitable to YPod Media, their booking fee will be transferred onto the new date given that no cost additional cost is incurred by YPod Media.  If YPod Media’s prices have increased since the initial booking, the client may be charged the increased fees which relate to the new date booked.

It is the client’s sole responsibility to inform YPod Media as soon as possible of any changes to the date, venue, time etc.

15. Performers/ Guests Agreement

YPod Media will not be responsible for anyone who does not wish/ agree to be featured a production. The responsibility rests with the client to ensure that all people featured in any YPod Media production has given their full consent to be part of the production. No liability will be accepted by YPod Media if the production has to be re-edited due to a performer/ guest/ speaker etc refusing permission to show their image or use their audio in whatever form. If re-editing is required, YPod Media will issue an additional charge invoice to the client which must be paid before any re-editing work will be done.

It is the sole responsibility of the client to arrange any consent forms required for all persons involved.

Music

The music used in your productions will either be commercial or royalty free. YPod Media have full control over the music and audio recorded for each production. The client may request music and audio for the production but this is not guarented and the final decision as to what music/ audio used will be made by YPod Media.

Commercial Music

Commercial music will only be used when permission/ or licences giving permission has been acquired by YPod Media.

For DVD video productions where commercial music has been requested by the client, a Limited Manufacture Licence will be purchased covering MCPS and PPL.

Commercial music will incur an additional charge to the client and will vary depending on the volume of DVD’s required. YPod Media will take no responsibility for client’s who make unauthorized copies of DVD’s covered by Limited Manufacture Licence and any charge or fine incurred through such acts are the sole responsibility of the client.

The copyright in the Musical Work (MCPS)

The copyright in the Sound Recording (PPL)

For more information on see http://www.prsformusic.com/

As stated by MCPS/ PPL, commercial music cannot be used online. YPod Media will only use music which they can fully licence for all videos which will be shown online.

Royalty Free

When commercial music is not used and a soundtrack has been requested, music will be created by YPod Media.  The soundtrack will be created using unique musical arrangements or using sounds and music from our royalty-free library.  Soundtracks created by YPod Media remain the property of YPod Media and may not be used in any other production without our written permission.

Graphic Design

All Terms and Conditions stated within this document override any Terms and Conditions from the client.

By paying your initial deposit or by confirmation via e-mail or writing you are agreeing to be bound by the terms and conditions below:

YPod Media will provide graphic design work only when a verbal, written or email agreement has been entered into and after any initial required booking fee has been paid in full and cleared.

The client must make all materials required for the project available to YPod Media as soon as is reasonably possible. YPod Media accept no liability for failure to meet deadlines due to delays caused by the client supplying the materials/ requirements needed to undergo any graphic design work. If deadlines are in place it is the client’s responsibility to ensure YPod Media are aware of this. A reasonable, estimate time frame will be agreed with the client for any graphic design work to be completed. If the client requires a faster service, additional charges may apply.

YPod Media will refuse to create anything that is (in their own opinion) offensive, pornographic or illegal.

Once the proof (watermarked) version of the design has been approved by the client, the remaining invoice amount must be paid in full before a final, non-watermarked version of the image is sent.

Payment is required within 14 days of the client’s approval. The client may face a £25 non-payment penalty as a result of not paying within the 14 day time limit. If payment is not received, YPod Media will take this as a cancellation of the contract for the design. In the case of a cancellation due to non-payment, the client will not be refunded the initial deposit or any other money paid as part of the design payment.

YPod Media will strive to ensure any graphic design project is free from errors or omissions. Clients are solely responsible for the approval of any final designs. YPod Media cannot accept liability for mistakes that are discovered after the client has approved of the final design. It is client’s sole responsibility to ensure any graphic design work is thoroughly proof-read/ checked. YPod Media accept no liability for losses incurred due to inaccuracy or omission on your graphic design project. Any additions or changes to the design after the client has approved it will incur additional costs which will be invoiced by YPod Media and must be paid before changes are made.

All design work remains the intellectual property of YPod Media and may be used in their portfolio or any other promotional material.

In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion in graphic design by YPod Media, copyright must firstly be obtained from the original copyright owner / material provider. This is the sole responsibility of the client to ensure full copyright permissions have been explicitly transferred to YPod Media. The client will indemnify YPod Media against any future possible claims, disputes, and expenses or similar that may arise for a third party concerning usage of such material.

Any cost required for the use of any photographs or images such as from the copyright owner or stock/ royalty free photographs/ images etc must be paid for in full by the client and is not included in any quotes given by YPod Media.

YPod Media reserve the right to decline to use material if there is sufficient reason to believe a copyright violation is taking place.

YPod Media will reserve the right to use the final production in full or in part for promotional purposes.

If the client requires a printing service, YPod Media will source a third party printer who have good track record for providing a high quality service. YPod Media will charge the client a fee for sourcing a third party printer. YPod Media will not be liable for the actions of the any third party printing company and will not be liable for any costs incurred or loss of earnings following a failure of the printing service. Any dispute of this nature must be settled between the client and the third party printing company.

Website Design

YPod Media will carry out work only where an agreement is provided either by email, telephone, mail or fax. YPod Media will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between YPod Media and the client, this includes telephone and email agreements.

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, YPod Media cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. In the instance of website malfunction, the client should notify YPod Media, who will investigate and if possible solve the problem as soon as possible.

The website, graphics and any programming required remain the property of YPod Media until all outstanding accounts are paid in full.

In the event of the Client providing material (video, audio, photographs, logos etc) for inclusion in their web site, copyright must firstly be obtained from the original copyright owner / material provider. This is the sole responsibility of the client to ensure full copyright permissions have been explicitly transferred to YPod Media. The client will indemnify YPod Media against any future possible claims, disputes, and expenses or similar that may arise for a third party concerning usage of such material.

Any cost required for the use of any photographs or images such as from the copyright owner or stock/ royalty free images/ video etc must be paid for in full by the client and is not included in any quotes given by YPod Media.

YPod Media reserve the right to decline to use material if there is sufficient reason to believe a copyright violation is taking place.

Any additions to the brief will be carried out at the discretion of YPod Media and where no charge is made by YPod Media for such additions, YPod Media accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to YPod Media all materials required to complete the site to the agreed standard and within the set deadline.

YPod Media will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

YPod Media will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

YPod Media will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

A booking which will be stated on the invoice is required with any project before any design work will be carried out.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Websites created by YPod Media must also be hosted by YPod Media, by purchasing our web design package you are accepting and approving of these terms. A website created by YPod Media remains the property of YPod Media and may not be transferred to another web designer or hosting provider.

Website Hosting

We supply a hosting package that is run by a third party supplier. The supplier has an excellent customer service track record and supplies technical support via e-mail ticket submission. YPod Media cannot be held accountable for any technical issues (i.e downtime/ data loss) experienced by our hosting supplier. YPod Media will try to keep clients up to date with any changes or downtime that may be experienced to minimize any problems or confusion.

Web Hosting and domain registration is charged on an annual basis which must be paid by the client if they want us to continue to manage their website. All details of these charges will be explained to the client as part of their original invoice. We can assure clients that our annual hosting/ domain fee will always be fair and competitive. Invoices will be supplied by post or by e-mail to notify the client of annual fees and must be paid within 14 days. YPod Media have permission to make the clients website go offline if they fail to pay their hosting renewal. A refusal to pay the annual hosting fee will be seen as a cancellation of the contract between YPod Media and the client resulting in the clients website going offline and becoming no longer available.

Where an ongoing monthly update package has been purchased by the client, all hosting and domain fees are included in that monthly fee so the annual renewal fees mentioned above are not applicable.

Monthly hosting only packages do not include any ongoing updates to websites or search engine optimisation. Packages for ongoing or individual  updates can be purchased, an agreement including further terms and conditions for these will be sent to the client to be signed.

Data Transfer Limits/ Storage Space

Our Websites do not have any limit to your data transfer limit so there are no hidden, unexpected fees to pay if you website gets lots of traffic.

YPod Media allocates each client storage space for their website, this storage space varies for each client and will be reflected in the price of their package.

Search Engine Optimisation and Keywords/ Key phrases

YPod Media will agree keywords/ key phrases with the client which will be used to optimise the website during the design process. YPod Media reserve the right to make the final decision as to which keywords/ key phrases are used and the amount of keywords/ key phrases used in the website.

During the design process and during updates to the site, YPod Media will use the agreed keywords/ keypress to optimise the website in the content, images and pages.

Initial design of a website by YPod Media does not include any further updates to the website or search engine optimisation to the site. Ongoing update packages and individual updates can be purchased separately.

YPod Media make no guarantee as to where the website will place in search engine rankings (e.g page one etc). Seach engine ranking or position for websites design by YPod Media will not be agreed or guaranteed under any circumstances.

Payment

We accept cash, cheque, bank transfers and payment through Paypal. Paypal payments will incur a 4% surcharge to cover the fees.

Complaints

We want to give each and every customer great service and ensure they receive fantastic results every time. Therefore, if you are not fully satisfied with the work supplied by YPod Media, please contact us and we will do all we can to resolve your complaint.