TERMS AND CONDITIONS
The following terms and conditions refer to GEM Media and its relationship with its clients and potential clients.
Please read this agreement carefully before proceeding with any use of our services.
If you do not agree with the terms and conditions of this agreement, please contact us immediately so that we can close your service agreement.
V.1 General Terms and Conditions of Business:
1. These terms and conditions apply to the service agreement provided by GEM MEDIA for Web Design, Graphic Design & Print, Social Media, Email Marketing, PR & Event Marketing.
2. GEM MEDIA is an independent privately owned company and we will maintain your Marketing services using the Marketing channels proposed to you.
3. The client shall ensure that the terms of the order are complete and accurate.
4. The order shall be deemed accepted once the client has confirmed, signed and returned the agreement.
5. Any knowledge given to the client prior to services are for the sole purpose of giving an idea of the services described to them and shall not form part of the contract.
6. A verbal quotation for the supply of services given by the company shall not constitute an offer.
7. GEM Media warrants that it will provide the services as stipulated in the order using reasonable care and skill.
8. GEM Media shall meet all endeavours to meet any performance dates but will not be liable for any delay in delivery of the supply of services.
9. GEM Media reserves the right to sub-contract the fulfilment of an order.
10. The client shall have sole responsibility for ensuring accuracy on all information provided.
V.2 Social Media Marketing Terms and Conditions:
11. These terms and conditions (“Terms of Service”) govern the clients access to GEM Media Social Media services.
12. Minimum term of service for GEM Media Social Media Marketing is three months.
13. GEM Media has no control over the policies of Facebook, Twitter, Snapchat, Linkedin or Instagram or the type of content that these channels accept now or in the future.
14. Whilst GEM Media has a track record of positive results, the company makes no warranty that the Social Media campaign will increase sales, business activity or profits.
15. Clients are responsible for any elements of text, graphics, videos, photos, designs or any other artwork provided to GEM Media.
16. Paid advertising on Social Media channels is not inclusive of the Social Media Marketing fee and will be billed separately.
17. GEM Media reserves the right to reject or discontinue Social Media services where we are unable to provide the services due to technical, ethical or legal matters.
18. GEM Media will report its activity and results to the customer.
V.3 Website Design Terms and Conditions:
19. These terms and conditions (“Terms of Service”) govern the clients access to GEM Media Website Design services.
20. Where appropriate, GEM Media uses WordPress or Wix Website Management systems.
21. GEM Media will ensure that the website build is compatible with current versions of Internet Explorer and Google Chrome browsers.
22. All websites completed will be mobile responsive.
23. GEM Media uses third party hosting and domain registration processes.
24. Hosting and Doman registration payment is not inclusive of the website design quotation and will be billed separately.
25. Should the client already have domain registration set-up, all relevant usernames and passwords must be given to GEM Media.
26. If GEM Media is to set-up usernames and passwords, the client reserves the right to gain ownership of all data.
27. GEM Media does not provide the client with Website training or schooling to show how to change elements of the website.
28. GEM Media offer a website completion date of 4 weeks. After this time, the client will have 7 working days to request any amendments or changes.
29. Aftercare or support of the website by GEM Media will be charged at an hourly standard rate of £15 per hour.
30. GEM Media can support the client with Search Engine Optimisation and PPC Advertising if necessary at a separate fee.
V.4 Graphic Design Terms and Conditions:
31. These terms and conditions (“Terms of Service”) govern the clients access to GEM Media Graphic Design and print services.
32. Copyright of all Graphic Design work is retained by GEM Media including copy, concepts, ideas, proofs and illustrations, until after all invoices are settled.
33. At the time of proposal, GEM Media will provide the client with a written quotation by email.
34. The client’s returned email will indicate as an acceptance.
35. The client will be asked to provide artwork sign off before being issued with an invoice.
36. Any alterations requested by the client after acceptance will be billed separately.
37. Delivery of print material will be charged at £5.00.
V.5 Email Marketing Terms and Conditions:
38. These terms and conditions (“Terms of Service”) govern the clients access to GEM Media Email Marketing services.
39. Where appropriate, GEM Media uses Mailchimp for outgoing mail shots.
40. If the client has a large database, the client may be liable to a separate charge for the software to support this.
41. GEM Media will scope contacts and email addresses to add to the database who comply with the client’s target audience criteria.
42. The client will be asked to sign off the email template before it is distributed.
43. All templates will include an ‘opt out’ feature.
44. The client is responsible for spamming matters.
45. GEM Media will report its activity and results to the customer.
V.6 Data Protection
46. The client is responsible for supplying GEM Media with all relevant passwords.
47. The client is obliged to inform GEM Media immediately of changes of passwords, domain names and any other information which may affect the services given by the company.
48. In the event the client fails to inform the company of any changes as stated in clause 12, the client will still be invoiced for any work not carried out.
49. If alterations are made to the client's marketing channels by a third party, GEM MEDIA will not be held responsible.
50. Each party agrees to comply with it's respective obligations and non-discloser agreement under the Data Protection Act 1988.
51. GEM Media will not transfer your personal data to any third parties, unless we have your consent to do so. The third party includes our subcontractor or member of staff who is processing data on our behalf securely and in accordance with our instructions.
52. All prices will be in pound sterling and exclusive of VAT.
53. GEM Media shall be entitled to adjust the agreed prices accordingly.
54. GEM MEDIA will require one month payment upfront.
55. GEM MEDIA will invoice the client after 4 weeks of service.
56. The client shall pay each invoice submitted by GEM Media within 14 business days of the date of invoice, via BACs payment.
57. The client shall pay all amounts due under the contract in full without any deduction or withholding except as required by the law.
58. In the event of an overdue payment, a 10% late payment fee will be added to the invoice prescribed by the Late payment of commercial debts Act 1988.
59. If the client subsequently requires GEM Media to complete the work within a shorter time than specified, GEM Media reserves the right to charge additional fees to prioritise such projects.
V.8 Termination of contract
60. The client may stop using GEM Media services after three months. In such event, you will not be entitled to a refund of any fees that you have paid.
61. If the client wishes to terminate the contract held with GEM Media, the client must give a 30 days written notice.
62. Termination will occur if the terms of the terms and conditions agreement is violated.
63. Termination can happen for any reason at the discretion of GEM Media.
The parties acknowledge and agree that the Contract supersedes any prior agreement, understanding or arrangement between the parties, whether made orally or in writing and constitute the entire agreement between the Company and the Client relating to these services. Therefore, except as expressly provided, all other conditions and warranties (implied, statutory or otherwise) are hereby excluded to the fullest extent permitted by law.