Anndan Media TERMS AND CONDITIONS
Last Updated: 23.5.2018
The Terms and Conditions (“Terms”) describe how Anndan Media, Glebe Lane, Ratoath, County Meath, Ireland (“Company,” “we,” and “our”) regulates your use of this website anndanmedia.com (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you check the Site frequently to see the actual version of the Terms and their previous versions.
If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.
[When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.
The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.]
The Site allows you to use Services available on the Site. You shall not use the services for the illegal aims.
We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.
- THIRD PARTY SERVICES
The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites“).
The Company does not control the Linked Sites and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.
- PROHIBITED USES AND INTELLECTUAL PROPERTY
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
- THE COMPANY MATERIALS
By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
- DISCLAIMER OF CERTAIN LIABILITIES
The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.
- TERMINATION AND ACCESS RESTRICTION
The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us at: Anndan Media, Glebe Lane, Ratoath County Meath. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority
- Contact Information
We welcome your comments or questions about this Terms. You may contact us in writing at email@example.com or Anndan Media, Glebe Lane, Ratoath, County Meath.
Terms & Conditions of Pay Monthly Web Design Packages
The following terms and conditions apply to all ‘Pay Monthly Web Design Packages’ and services provided by Anndan Media to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Anndan Media are defined on the web page for our ‘Pay Monthly Web Design Packages’ and also in the project quotation that the Client receives via email. Quotations are valid for a period of 30 days. Anndan Media reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all pay monthly website design services require the initial upfront payment as quoted on the website and a monthly direct debit is to be set up on completion of the initial payment through our partner ‘GoCardless’. The monthly direct debit will be charged on the same day of every month for 12 months. Initial upfront payment for Pay Monthly Web Design Packages is payable on the website by clicking the ‘Sign Up’ button.
Additional pages can be added to any of our Pay Monthly Web Design packages for an additional negotiable fee.
After the 12 month period of direct debits has been completed, all clients will have an option to move onto our monthly web hosting and maintenance plan, this will be to ensure the maintenance and security of the website.
With regard to our ‘Enterprise/E-commerce’ package, Anndan Media will add the first 15 products to the site and then will provide material and instructions on how to upload additional products via a video. The monthly hosting fee for a store with up to 50 products is €50 per month, for up to 100 products is €85 per month and for up to 2,500 products is €150 per month. Should the client wish for Anndan Media to add all their products to the site, an additional negotiable fee will apply.
All prices are subject to VAT at 23%.
Initial upfront payment can be made on the website via the ‘Sign Up’ button. Bank Transfer can also be arranged if necessary. Monthly direct debits will be set up using our partner ‘GoCardless’. Once the initial upfront payment has been made, the client will receive a link via email to our payment portal where they can set up their monthly direct debit to Anndan Media for the relevant Pay Monthly Web Design Package they have purchased. Direct Debit payments that are unpaid seven (7) days after the due date will be considered in default (Please see section 15).
- Standard Media Delivery
Unless otherwise specified, all content will be provided by the Client in electronic format via our online forum. All photographs/logos/banners/audio/video etc content will be provided in a high quality, optimised and suitable format (.jpeg, .png, .mp3, .mp4). The Client should retain their own copy of all content handed over for the completion of the project. Although every reasonable attempt shall be made by Anndan Media to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
- Failure to provide required website content
Anndan Media is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25% of the set-up fee. If your project involves extensive Search Engine Optimisation we need the text content for your site in advance so that the SEO work can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to pause the project until further notice while the balance remaining remains payable.
Simply put, all the above condition says is, do not give us the go ahead to start until you are ready to do so.
- Additional Expenses
The Client agrees that additional content necessary for the completion of the work such as the purchase of special fonts, stock photography etc will be paid for in full by the Client.
- Client Review
Anndan Media will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Anndan Media otherwise. For any changes to the project after that we will charge extra according to our hourly rate of €50. If the Client requests or instructs changes that amount to a revision of at least 20% of the time required to produce the deliverables, and or the value or scope of the services, we shall be entitled to submit a new and separate proposal to the Client for written (email) approval. Work shall not begin on the revised services until a fully signed revised proposal and, if required, any additional retainer fees are received by us. The client also has the right to notify us for revisions or corrections of the project within a period of 7 days, after this period the project will be considered accepted and approved.
- Turnaround Time and Content Control
Anndan Media will install and publicly post or supply the Client’s website at a date agreed with the Client upon Anndan Media receiving initial payment, unless a delay is specifically requested by the Client and agreed by Anndan Media. In return, the Client agrees to delegate a single individual as a primary contact to aid Anndan Media with progressing the commission in a satisfactory and expedient manner. During the project, Anndan Media will require the Client to provide website content; text, images, movies and audio files.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Anndan Media the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Anndan Media permission and rights for use of the same and agrees to indemnify and hold harmless Anndan Media from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Anndan Media that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Design Credit
A link to the Anndan Media website will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in Anndan Media’s portfolio.
- Access Requirements
Anndan Media host each of the websites we build on our own secure servers and do not allow third-party access.
- Post-Placement Alterations
Anndan Media cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
- Domain Names
Anndan Media can aid the Client in the purchase of domain names, but payment and subsequent renewals will be borne by the Client. Any loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Anndan Media. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
- Web Browsers
Anndan Media makes every effort to ensure websites are designed to be viewed by the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, Safari, etc.).
Anndan Media cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Anndan Media reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid seven (7) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Anndan Media’s web space, Anndan Media will, at its discretion, remove all such material from its web space. Anndan Media is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding fees assessed to the Client’s contract. Clients with contracts in default agree to pay Anndan Media’s expenses, including legal fees and costs for collection by third-party agencies, incurred by Anndan Media in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice (via email) and will be effective upon receipt of such notice. The Client will be invoiced for work completed to the date of the notice of cancellation for payment in full within seven (7) days. This however does not absolve the Client from fulfilling the contractual payments agreed to previously.
All Anndan Media services may be used for lawful purposes only. You agree to indemnify and hold Anndan Media harmless from any claims resulting from your use of our service that damages you or any other party.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
- Governing Law
This Agreement shall be governed by Irish Law.
Anndan Media hereby excludes itself, its employees and or agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- 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 Anndan Media to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not 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.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid
Competition Ts & Cs
The following terms and conditions are inclusive of all ‘Pay Monthly Web Design Packages’ terms and conditions where applicable.
- The Promoter
The promoter is Anndan Media.
- How to enter
All competition entries must be received by Anndan Media by the closing date specified. All competition entries received after the closing date are automatically disqualified.
To enter the competition:
(a) ‘Like’ the Anndan Media Facebook page
(b) ‘Follow’ the Anndan Media Instagram profile
(c) ‘Share’ the competition post
(d) ‘Tag’ a friend
There is no charge to enter the competition.
By submitting a competition entry, you are agreeing to be bound by these terms and conditions.
Entries are unlimited.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
The competition is only open to all aged 18 years or over
In entering the competition, you confirm that you are eligible to do so and eligible to claim the prize you may win. Anndan Media may require you to provide proof that you are eligible to enter the competition.
Anndan Media will not accept competition entries that are incomplete.
Anndan Media reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize of competition.
Anndan Media does not accept any responsibility for entries which they do not receive due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason.
- The Prize
A €1000 voucher towards any of our ‘Pay Monthly Web Design Packages’
Winner must pay the upfront fee for their chosen Pay Monthly Web Design Package. The €1000 voucher will go towards the 12 monthly installments.
The website comes with hosting for 12 months. If you want to keep the website live after this time frame, then there will be a monthly cost for our website maintenance package which covers hosting on our secure high speed servers and also the security and smooth running of your website. Our website maintenance packages start at €50 per month. If you decide after 12 months that you want to take the website down then we can zip up the files for you and send these to you.
The prize is not negotiable and the Promoter’s decision is final.
The actual/appraised value may differ at the time of prize award.
No cash or other prize substitution shall be permitted except at Anndan Media’s discretion.
The prize is non-transferable.
Any and all prize related expenses, including without limitation any of the state, and/or local taxes, shall be the sole responsibility of winner.
No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by the winner is permitted.
Acceptance of prize constitutes permission for Anndan Media to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
The prize is still subject to standard ‘Pay Monthly Web Design Packages’ Terms & Conditions.
The winning entry will be selected by a random drawing by the management of Anndan Media
The decision of Anndan Media is final and no correspondence or discussion will be entered into.
The Winner of the competition will be announced on Facebook on the date specified.
Anndan Media will contact the winner personally as soon as practicable after the announcement date, using Facebook Messenger.
The winner can also be viewed on our Facebook page.
- Claiming the prize
If you are the winner, you will have 14 working days from the announcement date to claim the prize by responding to the message sent via the Facebook Messenger app. If you do not claim the prize by this date, your claim will become invalid.
Anndan Media will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, or has not claimed their prize within 14 working days of the announcement date, Anndan Media reserves the right to offer the prize to the next eligible entrant selected from the correct entries that were received before the closing date.
The acceptance of the prize is the sole responsibility of the winner. Anndan Media does not accept any responsibility if you are not able to take up the prize.
The prize may not be claimed by a third party on your behalf.
- Limitation of liability
Insofar as is permitted by law, Anndan Media, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of Anndan Media, its agents or distributors or that of their employees. Your statutory rights are not affected.
- Ownership of competition entries and intellectual property rights
You agree that Anndan Media may, but is not required to, make your entry available on its website and any other media, whether now known or invented in the future, and in connection with any publicity of the competition.
- Data protection and publicity
If there is any reason to believe that there has been a breach of these terms and conditions, Anndan Media may, at its sole discretion, reserve the right to exclude you from participating in the competition.
Anndan Media reserves the right to hold void, suspend, cancel, or amend the prize of the competition where it becomes necessary to do so.
Anndan Media reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the competition should virus, bug, non-authorized human intervention, fraud, or other cause beyond Anndan Media’s control corrupt or affect the administration, security, fairness, or proper conduct of the competition. In such case, Anndan Media may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken.
Anndan Media reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the competition or website or violates these Terms & Conditions.
Anndan Media reserves the right to amend these terms and conditions at any time. Any amended terms and conditions will apply to all competitions launched after the date on which these terms and conditions are amended and published.
The Campaign hosted by Anndan Media is in no way sponsored, endorsed, administered by, or associated with Facebook.
These terms and conditions shall be governed by Irish law.