Our Terms

Important Notice:
Company Registration No: 07476744

Last Updated: 5/2018

Mark Digital Media Ltd (MDMedia) owns and runs this website (the Website) for you to learn more about our services. The contents on our Website are provided for your general information, free of charge but subject to the terms, conditions and other provisions set out or referred to in this notice (together, the Terms and Conditions).

Our terms of use outline the permitted uses of the Website and the privacy policy discloses our information gathering and usage practices. Together they govern your relationship with us and by accessing our Website you agree to comply with and be bound by the Terms and Conditions, without limitation qualification or variation.

We may revise the Terms and Conditions, at any time, without notice to you and at our sole discretion. It is your responsibility to refer to this page for any revisions because they will be binding on you. Your continued access of this Website or use of any part of this Website (including any linking to this Website) after any modifications have been posted will constitute acceptance of the modified legal notices.

If you do not agree to our Terms and Conditions in full (or any part of them), at any time, you are advised not to use the Website.

Refund/Cancellation Policy:
Unless payments are made in advance for a delayed launch of services, once services have commenced there will be no refund for that period. The client/customer has the right to pause or terminate the services in writing or verbally, up to the day prior to services renewing.

For the adwords and Social Media Marketing service the buyer can cancel the agreement with immediate effect and at the end of that calendar month the service will terminate. For the search engine optimization the buyer can cancel the agreement at any time during the service, which will then terminate at the end of the current three month agreement.

You may terminate or pause any of the services right up to the day before the service renews. If you order any services in advance of use, then a full refund will be available up to the day before the start of the service. Once a service has started and the moneys already invested it will carry on until the end of that period where it will then be paused or terminated.

Additional Time & Work:
The usual standalone rate for work will start from £40 per hour unless agreed with the client otherwise. If a change in scope or schedule is required, the client must provide notice including a detailed description in writing of the proposed changes to Mark Digital Media. Upon receipt of such notice, Mark Digital Media will provide a response within 7 days explaining:

  1. Reason for refusal; or
  2. Adjusted Price and Schedule for the changes

Mark Digital Media is under no obligation to accept any change in scope from this contract. If the client has not agreed to an hourly rate in addition to the payment made.  If an estimate is provided, parties will negotiate in good faith to come to a decision to revise the project based on the changed scope, or to negotiate a separate agreement as appropriate.

If any work is carried out by Mark Digital Media Ltd that is outside of the scope of the project or service carried out by Mark Digital Media, then Mark Digital Media will charge £40 per hour for any additional time worked that has not been paid for.

Late Payments:
Mark Digital Media Ltd will not provide any credit for work or speculative work on projects less than £1000. Any work completed and not paid for will be invoiced by Mark Digital Media Ltd. And subject to a onetime £50 late payment charge.

Mark Digital Media Ltd has the right to levy any late payment or interest charges under the “Late Payment of Commercial Debt (Regulations) 2013” but we reserve our right to do so for any failure to make immediate payment of the overdue amount. Or failure of our client to keep to their contractual obligations.

Legal Jurisdiction:
If at any time a client or Mark Digital Media Ltd, feels it necessary to take matters or disputes to the legal system, Mark Digital Media Ltd may freeze all services, communications, and transactions with the client until the case has been decided.

Mark Digital Media Ltd is not responsible for any presumed lost profits, work stoppages, or email communications during this time. The agreed venue where any and all legal action pertaining to the project must be filed is Bow County Court, 96 Romford Rd, London E15 4EG.

Abandonment Clause:
Please note that if you, the client, fail to respond to telephone calls or emails or provide the materials/access necessary to complete the website for a period of 30 days or more, after the total agreed timescale for the completion of the project, the project is considered abandoned and is closed. 

At which point if you, our client, wishes to re-open an abandoned project, an administrative fee will be charged calculated depending on the scale & scope of the project. And a new timetable will be agreed.

If a project is considered abandoned for more than 6 calendar months then it will be considered completely closed. If not previously requested, then a refund equal to the % of work remaining will be available.

Intellectual Rights:
Please note nothing that you give us to use on the web site should violate any of the laws of the United Kingdom; or the respective countries your website is hosted in.

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your self’s, or that you have permission to use them. Once the project is complete, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for this project. You will have a copy of all files in the form of your website. We are not required to keep them or provide any native source files that we used in making them.

You also own text content, photographs and other data you provided, unless you have permission to use them. We own the XHTML mark-up, CSS and other code and we license it to you for use on only this project.