Majestic Media is committed to delivering the best possible service to all our customers, the following information is designed to set out clearly what we can expect from each other throughout our partnership.
We advise you to read our terms, policies and agreements carefully.
By using and/or purchasing our Services, the Client agrees to the following terms and conditions (the “Terms of Service”).
These Terms and Conditions comprise the entire agreement between the Client and Majestic Media and supersede all prior agreements between the parties.
Definitions
“Majestic Media Ltd”, also referred to as “Majestic Media”, “we”, “us”, “the supplier”.
“The Client”, also referred to as “Customer”, “the Client”, “you” means the person, company representative or company who enters into a website services agreement with the supplier.
“Services”, the body of work that is being undertaken, including but not limited to consultation, hosting, bespoke website development or refurbishment, rewriting of code, provision of third-party plugin tools, or provision of technical support.
“Service provider”, either Majestic Media or preferred supplier (depending on the service being provided).
“Materials”, information provided by the Client in order for Majestic Media to facilitate the required creation, alteration, correction or required support for the website.
If you have any questions or concerns regarding these Terms of Service, please contact us before you accept any quotation.
Section 1 – General
1.1 The initial agreement is subject to a thirty-day cooling off period from the date that the quote is accepted and signed, and any fees paid during this time will be refunded in full should the Client no longer wish to use the service, unless work has already been undertaken by Majestic Media. In this instance, any refund on fees will be at Majestic Media’s discretion and based on the amount of work done at the point of cancellation. The Client acknowledges and agrees that no fees will be refunded after this thirty-day period has expired.
1.2 Specific details of each individual contract are contained within the quotation. Please also refer to the Service Level Agreement clauses in Section 3.
1.3 Cover for all development, hosting and support is available 10am to 4pm, Monday to Friday, excluding public or bank holidays in England and Wales.
1.5 All prices quoted are inclusive of VAT.
1.4 Payment of any deposit, instalment or fee will constitute full acceptance of, agreement for, and compliance with the content of the quotation and these terms and conditions.
1.6 Failure to comply with the payment schedule outlined in the Quotation (and accepted by the Client by way of written confirmation or the paying of a fee as per clause 1.4) and/or any component of these terms and conditions may result in suspension of the Service. Majestic Media reserves the right to terminate the Client’s account if Majestic Media determines that the Client has not complied fully with the stated terms (please see Section 12 for further details).
1.7 The Client is solely responsible for providing, at the Client’s own expense, all equipment necessary to use the services, including, but not limited to a computer and modem; the Client’s own Internet access; and any appropriate mobile device.
1.8 The Client understands and agrees that temporary interruptions of the services available may occur as normal events. The Client further understands and agrees that Majestic Media has no control over third party networks and servers and therefore delays and disruption of other network transmissions and servers are completely beyond the control of Majestic Media.
1.9 We reserve the right to change these Terms of Service from time to time without notice to the Client.
Section 2 – Description of Services
2.1 Majestic Media agrees to provide the consultation, hosting, website design, website development or refurbishment, rewriting of code or provision of support Services in accordance with the Terms of Service detailed below and to;
a. carry out services in a professional and timely manner,
b. make every effort to adhere to any deadlines agreed,
c. create, develop, and provide all Services agreed in the written quote in a timely manner.
d. accommodate any required changes outside the scope of the original quote where possible and subject to agreement from the Client and payment of any additional charges,
e. endeavour to complete requested website revisions or updates within 48 hours, wherever possible.
f. maintain regular contact with the Client throughout the period of the Service provision to discuss changes, upgrades or issues arising,
g. endeavour to ensure that hosting services are available wherever possible.
2.2 Specifically, Majestic Media will extend existing WordPress based websites by;
a. creating and adding new functionality in the form of a theme or plugin,
b. adding and configuring themes and/or plugins from third parties,
c. tweaking or changing existing themes or plugins.
2.3 Create new WordPress based websites by creating bespoke functionality in themes, plugins or 3rd party themes.
2.4 Provide support and troubleshooting services for all websites under its control.
2.5 Provide hosting services where required.
2.6 The Client agrees to;
a. adhere to all required deadlines,
b. provide Majestic Media with everything that is required by Majestic Media to complete the task, including, but not limited to, login credentials for website or hosting, relevant third-party tools, text, images, and photographs (in the required format),
c. review Majestic Media’s work, provide feedback, and signoff approval within the stipulated time frames,
d. adhere to the expected deposit and payment schedule as provided in the quote,
e. accept that any amendments, additions, alterations, and changes outside those contained within the original quote may be subject to additional charges,
f. accept that completion time for any quoted task is dependent on the timely response to any queries raised, or quotation acceptances requested by Majestic Media,
g. comply with any acceptable use guidelines provided by Majestic Media and agree to abide by any findings or recommendations from Majestic Media that arise from any apparent breach of these guidelines.
h. ensure that any required permissions, billing, or account information are kept up to date.
i. provide any other information as required and ensure that all Materials and content provided has been edited and vetted before submission.
2.7 Majestic Media is not responsible for writing or inputting any text copy unless this has been specified by the Client, or unless the text provided is being used by Majestic Media to test the functionality that has been added. Any text used for testing purposes will be replaced prior to launch and the Client accepts full responsibility for the quality and accuracy of the content.
2.8 All Majestic Media services may be used for lawful purposes only. The Client agrees to indemnify and hold Majestic Media harmless from any claims resulting from the Client’s use of any of our services that damages the Client or any other party.
2.9 If the Client is hosting the website elsewhere, Majestic Media cannot guarantee that the website is fully compatible with all hosting providers server operating systems, especially any contact forms, Content Management Systems, database driven websites, and any tools that interact with third party Application Programmer Interfaces.
2.10 Majestic Media does not offer any technical support for any other web site hosting company that the Client may choose although assistance may be offered in resolving issues with the third party subject to agreement by the Client to a charge for this.
2.11 Majestic Media cannot guarantee that the functions contained within any web page (or part of the Client’s website design), will always be error free, and therefore Majestic Media will not be liable in any way whatsoever to the Client for any third-party damages, including lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of, or inability to operate, the web site and any other web pages.
2.12 Majestic Media accepts no liability for any losses, issues or damages caused by problems arising from problems inherited by Majestic Media from existing websites. Majestic Media may offer to undertake remedial work on an existing site prior to work commencing and a quote will be offered to the Client in this instance. Majestic Media will not commence the original project work until the existing website problems are rectified to their satisfaction and accept no liability for delays to the provision of work under the original quote as a result of the faults on the inherited website.
2.13 Majestic Media reserve the right to refuse to commence work on any existing site where problems are present, and the Client declines Majestic Media’s quotation for remedial work.
2.14 Majestic Media reserve the right to refuse to handle in any way material which it may be deem offensive, illegal or in any way controversial.
Section 3 – Service Level Agreement
3.1 This section aims to provide clear reference to service ownership, accountability, roles and/or responsibilities and to match perceptions of expected service provision with actual service support. Without affecting your rights as a consumer, this section is your sole and exclusive remedy for downtime, or any network, software, hardware or equipment failure.
Majestic Media are partnered with a UK based hosting supplier who provide a fast hosting infrastructure and a high level of security built-in as standard. Majestic Media offer multiple hosting packages, each offering differing levels of management. Please see your Quotation for full details relating to your particular hosting package.
Support is not offered as part of the Majestic Media service, but we will manage support requests on behalf of our hosting supplier.
3.2 Service Scope
The following detailed service parameters are the responsibility of Majestic Media.
a. Monitored email support.
b. Bug fixes in design/functionality developed by Majestic Media.
c. Ensuring 99% network and power availability of service(s) for hosting.
d. Appropriate notification to Client for scheduled maintenance where applicable.
Security updates and bug fixes are applied when you have an ongoing support package. Our hosting supplier provides the following services in your hosting package:
a. Daily website backups of files and databases.
b. Essential server-based security to reduce the chance of denial-of-service attacks.
3.3 Service assumptions
This Service Level Agreement does not cover service-related incidents caused by problems in the following:
a. Client’s local area network, computer equipment, or mobile devices.
b. Client-provided Internet connectivity or end-user software.
c. Entities inside Client’s internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment (except web browser software).
d. Client’s websites, which are managed by the client themselves or an individual or organisation acting on their behalf.
e. Client’s domain names, which are managed by the client themselves or an individual or organisation acting on their behalf.
f. Functionality or content requests which require changes to your website or portal. These are subject to a change request and are chargeable at our normal rates.
The Client responsibilities and/or requirements in support of this Service Level Agreement section include:
a. Payment for all support costs at the agreed interval.
b. Reasonable availability of client representative(s) when resolving a service-related incident or request.
c. Providing Majestic Media with the contact details of a minimum of 1 person who shall be informed of any actions resulting from this agreement.
d. Providing Majestic Media with a minimum of 2 weeks’ notice of the scheduling of security or other testing which carries a risk of impacting the hosting service.
3.4 We guarantee network uptime 99% on an annual base. If we fall below the guaranteed network uptime, we will compensate with 1 month of free hosting. The following events do not count towards our calculation of uptime:
a. Scheduled maintenance.
b. Emergency maintenance, hardware and software failure remedied under 1 hour.
c. Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration.
d. Distributed denial of service (DDOS) attacks, hacker attacks, malware, and other similar events.
e. Downtime caused by you, your own configuration, or third-party applications you use.
f. Downtime caused when you reach the maximum resources allocation for your plan.
g. Downtime caused by your violation of these Terms of Service, or any other policy announced on our website.
h. Downtime during processing of your technical support request(s); or
i. Force majeure or any event beyond our control.
3.5 You should contact us if you believe a Service Level Agreement event has occurred. Compensation is limited to the length of your current term but cannot exceed one month.
3.6 Service Management
Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring of in-scope services and related components.
Coverage parameters specific to the service(s) covered in this Agreement are as follows:
a. Telephone support: None is currently provided.
b. Email support: Monitored 10am to 4pm, Monday to Friday, excluding public or bank holidays in England and Wales.
c. Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day.
d. Any planned maintenance work that we require to carry out that will involve either a loss of service, or a risk of loss of service, will be advertised at least 2 working days in advance, and will be carried out at a time to ensure as minimum an amount of disruption as possible.
In support of services outlined in this Agreement, Majestic Media will respond to service-related incidents and/or requests submitted by the Client, where possible, within the following time frames:
a. 0-8 hours (during business hours) for issues classified as High priority.
b. Within 48 hours for issues classified as Medium priority.
c. Within 5 working days for issues classified as Low priority.
The following definitions will be used to determine the priority of a service-related incident or request, unless the Service Provider and Client agree on an alternative definition:
a. High – Critical security upgrades/patches/bugfixes, downtime investigation and resolution or a major function of the hosting service/website is not operational for multiple users.
b. Medium – A minor function of the hosting service/website is not operational for one or more users (who can continue to use other hosting features), a user has questions about the hosting service/website functionality or needs assistance in using the service, a user needs administrative service or content addition/modification/deletion.
c. Low – Non-critical upgrades e.g., noncritical CMS upgrade, preparation for facilitating client penetration and other testing, enhancement requests or implementing solutions to technology advances in browsers that may cause disruption to site functionality.
The priority of any service-related incident or request not defined in the above table shall be subject to the agreement of the Service Provider and Client.
Section 4 – Website Development
4.1 Majestic Media will provide a full quotation for custom web design and web development work and the Client agrees to pay a deposit as outlined in the Quotation in advance of the commencement of work should that be requested.
4.2 Settlement of the remaining balance plus any additional costs incurred as detailed in sections 4.4, 4.9 and 4.11 must be made strictly in accordance with the payment schedule detailed in the quotation (or immediately if the charge relates to additional costs as detailed in section 4.11).
4.3 The charging structure offered will be at the sole discretion of Majestic Media and will be agreed in writing before work commences.
4.4 Websites may be launched in advance of payment of a final invoice under certain circumstances and any additional costs for extra features and/or extra design or development costs, not covered by the original quote will be agreed and invoiced before being utilised.
4.5 All websites are developed to work primarily across all major browsers and platforms. including other devices such as mobile phones and touchpads. However, Majestic Media cannot guarantee complete and/or long-term compatibility across every major browser, platform, or handheld device due to updates/upgrades by their respective vendors.
4.6 Majestic Media cannot guarantee compatibility in old or redundant browser software or third-party software, tools, and Application Programmer Interfaces.
4.7 All new websites will be developed using WordPress as the Content Management System.
4.8 Any associated or additional fees, such as installation, setup, testing, and introductory training pertaining to Content Management Systems or Ecommerce Management Systems are covered within the quote provided unless such additional costs are incurred as a result of additions or amendments by the Client to the original quote.
4.9 Any images or photographs that the Client supply should be in digital format, in as large a version as possible. Images or photographs in any other format cannot be accepted.
4.10 Any images that Majestic Media are asked to obtain from third party photographers or stock photography websites will be charged as an additional cost.
4.11 Pre-licenced images provided by the client to Majestic Media will be accepted but Majestic Media accepts no liability or responsibility for verifying the licence on said images. The responsibility for this lies solely with the Client.
4.12 Service levels and costs will depend on the quotation provided for the bespoke service required and may be subject to changes and/or alterations by Majestic Media at any time without prior notice.
4.13 If the quotation exceeds the value of the work undertaken, then the final invoice will be discounted to reflect any reduction in cost.
4.14 Majestic Media reserves the right to charge the Client up to 80% of the total web development cost should the client cancel the website development agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place and will be at the discretion of Majestic Media.
4.15 All payments for development work must be made via Bank Transfer.
Section 5 – Pre-paid Support and Development Packages
5.1 Majestic Media offers Clients the option to purchase support and development time packages in advance of the need for assistance.
5.2 Payment for these packages is made monthly or yearly in advance, depending on the support or development package requested by the Client.
5.3 Packages are valid for twelve months from the date of purchase and can be used at any point against small tasks that require action by Majestic Media or may at the discretion of Majestic Media be used to offset against larger development tasks.
5.4 Small tasks (as designated as such by Majestic Media) will be completed within five working days and more extensive projects will be subject to a full quotation and time estimate at the point of request.
5.5 The value of each task or project will be deducted from the pre-paid package allowance and the Client will be advised if this value is likely to exceed their package allowance prior to commencement of any work.
5.6 Majestic Media will reserve time each week for the completion of smaller tasks arising from the customers who opt for this service. Completion will therefore aim to be within five working days and the urgency of each task will be decided on merit, at the discretion of Majestic Media, be prioritised accordingly and dealt with urgently where necessary.
5.7 Majestic Media will endeavour to ensure that all Clients receive prompt and appropriate attention but accept no liability for external or third-party delays that would prevent delivery of the service within the agreed timescale.
5.8 The services outlined above provided by Majestic Media can be cancelled at any time by the Client, by giving no less than with 14 days’ notice by contacting us as detailed in Section 14. No refund will be offered for any unused package allowance, month, or part month paid up front after the thirty-day cooling off period has expired.
Section 6 – Hosting services
6.1 Majestic Media will provide hosting services where required for the Client’s website.
6.2 Majestic Media will handle the hosting administrative tasks, depending on the level of support agreed with the Client, which may or may not include, but are not limited to, installing WordPress, automated daily backups, and provide support for the hosting service, in strict accordance with the service level agreement.
6.3 Upon request, the Client may elect to maintain full control over their files and databases and agrees and accepts that Majestic Media cannot be held responsible for any failures, losses or omissions that occur as a result of this choice.
6.4 The Client accepts that it may be necessary for Majestic Media to migrate servers on occasion. Majestic Media will endeavour to ensure minimal disruption to the service during any migration, but the Client accepts that some break in service may occur.
6.5 The Client agrees that Majestic Media reserve the right to restrict use of any server if Majestic Media deems that the Client is using it for actions or materials which may be deemed offensive, illegal, in any way controversial or exceeds a reasonable level as deemed appropriate by Majestic Media.
6.6 The Client agrees to ensure their website Content Management System, and any plugins, themes or other software used for their website on the hosting are kept up to date. If they are not and the website is compromised in any way, any time required to clean up the site, bring up-to-date or restore will be charged at the hourly rate, unless a pre-paid support package has been purchased by the Client.
6.7 The Client accepts that any problems or issues caused by the Client to their website, (which include, but are not limited to, deletion of necessary system files, Content Management System updates, changes to Plugins or Themes, accidental infection by a virus/trojan/malware), which require assistance from Majestic Media to remedy the situation, will be charged at the hourly rate, unless a pre-paid support package has been purchased by the Client.
6.8 The hosting services provided by Majestic Media can be cancelled at any time by the Client, by giving no less than with 14 days’ notice by contacting us as detailed in Section 14. No refund will be offered for any hosting paid up front after the thirty-day cooling off period has expired.
Section 7 – Payment
7.1 If the Client does not pay any amount properly due to Majestic Media in accordance with their Terms and the Quotation provided, Majestic Media may:
a. suspend the work being done or service being provided until such time as the missed payment is made, or cancel the agreement completely,
b. reserve the right to charge the Customer interest on the overdue amount at the rate of 10% per year above the Bank of England base rate (interest will accrue daily until the date of actual payment); or
c. claim interest and statutory compensation from the Client pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 or,
d. interest under the County Courts Act 1984
7.2 Majestic Media shall not be responsible or liable, directly, or indirectly, for any damage or loss caused by suspension of any Service following late payment of an expected instalment. The Client shall take full responsibility for ensuring that payments are made in a timely manner and in accordance with the details provided in the quotation.
7.3 Majestic Media may elect to vary the charges by giving to the Customer not less than 30 days written notice of the variation expiring on any anniversary of the effective date of the engagement.
Section 8 – Warranty
8.1 Majestic Media offer a three-month warranty on all code created by them. Only code created by Majestic Media is covered by this warranty.
8.2 Any bugs, errors, or issues with said code within three months of making live the new code or the launch of the website, will be repaired at no cost to the client. Bugs, errors, or issues arising after the three-month period has expired will be quoted for and charged at the prevailing hourly rate.
8.3 Warranty is not offered on hosting services.
Section 9 – Eligibility & Privacy Policy
9.1 By requesting and agreeing to these Services, the requester represents and warrants that they have the right, authority, and capacity to enter into this agreement as the Client or a representative of the Client, and to abide by all the terms and conditions of these Terms of Service.
9.2 The Client must be over 18 to register or use the Service.
9.3 It is Majestic Media’ policy to respect the privacy of its users. Full details are available in our Privacy Policy.
9.4 Majestic Media adheres to all national and EU data protection in accordance with the prevailing General Data Protection principles, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.
9.5 Where Majestic Media is required to collect personal data by law, or under the terms of the agreement, and the Client does not provide us with that data when requested, the Client accepts that we may not be able to provide the services required. No liability for loss, inconvenience or damage will be accepted by Majestic Media in this instance.
9.6 Majestic Media warrants that any passwords or login details provided by the Client to allow Majestic Media to effect the changes within existing systems and websites will be held securely and relevant security procedures will be in place to protect such information. In the unlikely event of a breach of Majestic Media’s security systems, the liability of Majestic Media will be limited to the charges paid for the Services under this agreement.
9.7 Majestic Media accepts no liability for an external attempt to hack any website but will provide advice for the customer on how to prevent or mitigate such an attack.
9.8 Majestic Media accepts no liability for any loss, damage, or destruction of any of the Client’s content due to a failure of any server. The responsibility for archiving, security and backup of any data stored via the website or server rests with the Client and the server should not be considered suitable for use as an archive by the Client. Majestic Media may offer secondary backups, archiving, security and back up services but these will be subject to additional costs and will be specifically detailed within the Quotation and in line with the Service Level Agreement noted in Section 3.
Section 10 – Intellectual Property Rights and Copyright
10.1 Majestic Media maintains copyright on all completed websites, but the Client will have full rights and permission to share, edit, sell, or transfer or use, the text files, images, graphics and any visual elements, video or sound bites, that have been given to Majestic Media to use in connection with the project.
10.2 Majestic Media will maintain copies of all the files used in connection with the project in code repositories for a minimum of two years.
10.3 The copyright to the markup, CSS files, Javascript files, PHP files and other code that may have been used or created by us for the Client, or certain images that Majestic Media may have supplied to or for the Client are licensed to the Client in connection with the web design project and will be licensed solely to the domain name on which the website files reside.
10.4 As the service provider, Majestic Media also reserve the right to display and link to the completed project as part of our portfolio, and to write about the project on other web sites, in magazine or e-zine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add the site to our portfolio of work. Any information pertaining to an individual or that allows the identification of an individual will not be displayed.
10.5 The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Majestic Media for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements.
10.6 Majestic Media accepts no liability for any claim or suit arising from any breach of copyright; intellectual property rights infringed; any errors or omissions in any Materials; or for any loss or damage of any kind incurred as a result of the use of any Materials provided by the Client.
10.7 Majestic Media reserves the right to request evidence of ownership or permissions.
10.8 The Client acknowledges and agrees that we reserve the right (but have no obligation) to evaluate the Materials before adding them to the website and are not liable for any omissions, errors, costs, or losses as a result of the use of the material provided.
10.9 Majestic Media Service may do one or all of the following, at our sole discretion:
a. Disclose any Materials or any communication through the Majestic Media Service, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Majestic Media Service, and/or in order to
i. comply with applicable laws,
ii. respond to governmental inquiries or requests,
iii. comply with valid legal process,
iv. protect the rights, privacy, safety or property of Majestic Media, the Site visitors, or the public,
v. permit us to pursue available remedies or limit the damages that we may sustain, and/or
vi. enforce these Terms of Service.
10.10 In addition, the Client agrees to comply with all applicable laws, regulations, and ordinances as a condition of use of the Majestic Media Service.
10.11 In order to permit us to protect the quality of our products and services, the Client hereby consents to our employees and representatives being able to access the Client’s account and records for any reason pertaining to the provision of the requested Services.
Section 11 – Disclaimer of warranties
11.1 The Client expressly agrees that the Client’s use of the Majestic Media service is at the Client’s sole risk. The Majestic Media service is provided on an “as is” and “as available” basis.
11.2 Majestic Media makes no warranty that the Majestic Media service will meet the Client’s requirements, or that the Majestic Media service will be uninterrupted, timely, secure, or error free.
Section 12 – Limitation of liability
12.1 The Client expressly agrees that Majestic Media shall not be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use, data, or other intangibles, even if Majestic Media has been advised of the possibility of such damages, resulting from:
a. the use or the inability to use the Majestic Media service;
b. the cost of procurement of substitute goods and services;
c. any goods or services purchased or obtained, content received, or transactions entered into with Majestic Media or a third party through the use of the Majestic Media service;
d. the inaccuracy of any information obtained from use of the Majestic Media service or reliance on such information; or
e. the unauthorised access to the Client’s account or alteration of the Client’s account or data.
f. the use or inability to use the Majestic Media service as a result or any server failures beyond the control of Majestic Media.
g. the Client’s failure to ensure that any of their goods or services offered through their website or server are compliant with any applicable laws, regulations, or restrictions.
12.2 Majestic Media will not be held liable for any missed launch date or deadline, if the Client has been late in supplying Materials, has not given feedback promptly when requested or has not approved or signed off work on time at any time during any process that Majestic Media is working on.
12.3 Majestic Media and the Client may agree to defer a launch date or extend a deadline due to extenuating circumstances and then only with the prior agreement of both parties.
12.4 The Client accepts and agrees that, unless a specific arrangement has been made for updates to be managed by Majestic Media (for example, as part of a support package that has been included in the Quotation or later in writing by both parties), the Client takes full responsibility for the updates required through their website to maintain its effectiveness and integrity. Majestic Media accept no liability for the safety and integrity of third-party software.
12.5 The Client expressly agrees that any claim against Majestic Media, should it transpire that Majestic Media has materially failed to provide an agreed service for reasons under its control, is limited to no more than the value of the service cited in the Quotation.
Section 13 – Termination and Modification of the Majestic Media Service
13.1 We may also, at our sole discretion and at any time, amend or discontinue the Majestic Media Service, or any part thereof. Appropriate notice of amendment or termination will be provided where the notice or termination is not triggered by the failure of the Client to adhere to any of the agreed clauses within this document. Otherwise, termination may be applied from the time or date of the Clients’ breach of the agreement. Any credits held on account at the point that the service is discontinued will be refunded at the discretion of Majestic Media.
Section 14 – Cancellation
14.1 Cancellation must be advised by contacting us and will become effective within 24 hours of receipt of the contact, subject to the agreed cancellation period.
14.2 Data will be held for a period of twelve months after cancellation and Majestic Media reserve the right to delete any settings or data after this time.
14.3 Should Majestic Media terminate the service due to the Clients’ non-compliance with the Terms of Service, no refund will be offered against any pre-paid contract or service and any refund offered against a deposit or staged payment of a larger project will be at Majestic Media’s sole discretion. Majestic Media accept no liability for any losses, issues or damages arising from cancellation due to the Clients’ non-compliance with the Terms of Service.
14.4 Should hosting services be provided as part of the contract, Majestic Media will arrange for the hosting responsibility to be transferred to the new provider only on receipt of any outstanding account payments due to them.
Section 15 – Jurisdiction
15.1 These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales and will be subject to the exclusive jurisdiction of the courts of England and Wales.
