Macaroni Media terms of service
1. Billing structure: The agreed rate for work carried out will be negotiated between the client and Macaroni Media before work may commence. Agreed pricing is to remain confidential between client and Macaroni Media. Macaroni Media reserve the right to revise payment rate periodically in line with inflation and project scope. The client will be consulted about any proposed revisions prior to implementation.
2. Quotations: All quotations provided are valid for a period of 30 days. After which time has passed Macaroni Media reserves the right to alter or decline to revise original quotation. Quotations include an initial consultation and one follow up meeting, any additional consultation required will be billable (See point 3). All quotations will be based on an agreed brief. Any deviation from original brief will be billable at an hourly rate as agreed with client.
3. Revisions: As with any design project revisions are all part of the process. As such unless stated otherwise each quote will as standard include two rounds of revisions. One round of revisions has been undertaken when consolidated client feedback has resulted in a new version been provided to the client.
4. Support: Upon website launch Macaroni Media will offer follow up support at no extra cost to the client for a period of 30 days. Any support requested beyond this period will be charged at an hourly rate or covered by a service charge as agreed with the client.
5. Consultation fee: Any meetings remote or in person must be pre-arranged and will be charged at an agreed hourly rate and subject to a minimum of 30 minutes charge.
6. Deposit payment: Unless agreed otherwise with the client, a 33% deposit will be required upon commencement of any project. The total amount (with 33% deduction) will be invoiced for upon works completion. Following receipt of invoice, payment by the client is required within 14 days.
7. Milestone payments: Sometimes if a project allows, Macaroni Media may break a quotation in to milestones. In this case no deposit will be required to start work, however; upon completion of each milestone, payment must be received before work can re-commence.
8. Late Payments: Macaroni Media reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 3% per annum above the Bank of England base rate, this shall be calculated from the due date until the date of payment.
9. Interim charge caps: For any large projects or cyclical agreements whereby, the client is billed recurrently a £950 outstanding cap is to be set. Therefore, if Macaroni Media is owed an amount equal to or greater than £950 any further works will be paused until payment is made. Macaroni Media reserve the right to wave this cap under special agreed terms with the client.
10. Exclusive Scheduling: If client requests services at a specific time or date this would be considered exclusive booking and as such would need to be pre-arranged and charged at an agreed day rate and subject to a minimum of ½ day (4 hours) charge.
11. Ownership rights: Where the client has provided design, files, and graphical content it is the clients responsibility to obtain proper permissions and rights to publish. By providing content to Macaroni Media the client is thereby guaranteeing that proper copyright permissions have been obtained and that Macaroni Media will not be liable for any copyright infringements. While the client retains copyright to any designs supplied, Macaroni Media reserve the right to completed works and may use with modification for future promotion.
12. Licenses: Where licensed software is supplied, as defined by the terms set in the customer's initial agreement, the license package allows the software to be used on the website as agreed. The customer/license-holder may not redistribute the originally-purchased license key provided by Macaroni Media to other users of the website (such as third party services). Additionally, the customer may not sublicense to any person or entity any rights to distribute or utilise the software or license key. Any license keys that are being redistributed or utilised against these terms will be permanently revoked.
Any lifetime licenses included are valid for the lifetime of the product itself and while the Macaroni Media footer link is active, unless agreed otherwise.
13. Unforeseen or sudden termination of a project: In the highly unlikely event Macaroni Media are unable to complete a project, all files and work completed will be returned to the client. The client will be billed for any works carried out to date.
14. Warranties: Upon payment it is understood that client has accepted and signed off on the works produced. As such any alterations required beyond the original invoice date are billable unless agreed otherwise at the discretion of Macaroni Media. This would also apply should at any time issues arise caused by updates to third party software or human intervention.
15. Liability: Macaroni Media hereby excludes itself from all and any liability from:
- Loss or damage caused by any inaccuracy.
- Loss or damage caused by omission.
- Loss or damage caused by any third-party software or SASS.
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site or app.
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
- The entire liability of Macaroni Media to the Client in respect of any claim whatsoever or breach of this Agreement, whether arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
16. CANCELLATION / TERMINATION OF AGREEMENT: In the case the client wishes to terminate agreement and discontinue any further work in progress, the client must notify Macaroni Media immediately. Under such circumstances a termination invoice will be issued, and payment required within 7 days. Cancellation where work has taken place will be subject to minimum of ½ day (4 hours) charge.