Subscription Terms
Website Subscription Plans are contracted to a minimum of 12 monthly payments followed by a rolling monthly contract and subject to the Service Terms and Conditions.
Ecommerce Subscription Plans are contracted to a minimum of 12 monthly payments followed by a rolling monthly contract and subject to the Service Terms and Conditions.
Website Hosting Subscriptions are contracted to a minimum of 12 monthly payments on new custom web design contracts and web design packages. When the 12 months subscription is complete, the contract by default goes into a rolling monthly subscription with options to enter a longer-term contract.
After the minimum 12 monthly payments are complete, you have the option to cancel and discontinue the service after giving 30 days’ notice. All Cancellation requests must be submitted in writing by email or through the contact form on the site. it is your responsibility to notify us of your cancellation request.
Please be aware that any additional extras, features, pages, plugins that are not included within your plan will occur an extra fee on managements discretion. Unless you have purchased Content Writing from Practical Media, this will need to be supplied by the client. Content Writing is NOT included within our plans.
Credit and Background Check
Practical Media reserve the right to conduct a credit or background check on your personal profile or/and your business (if a limited/partnership/another type of a company). This will usually be conducted by the 192.com service, but we reserve the right to also conduct this search, using other third-party providers. We hold the right to conduct this without notification to the client.
Information from the background check might be saved, so we can compare this information to the ones provided by the client’s registration form.
Management reserve the right to ask further questions, request identification or refuse our services, for any reason we deem necessary. This contract can be terminated for any reason if we deem that is necessary, from the results of the background check.
Service Eligibility
Clients are responsible for making sure they are eligible for our services based upon the requirements below:
Practical Media cannot currently accept those who are currently:
On the insolvency register.
Has a company disqualification.
Not in a responsible state to operate a business or someone who does not have the funds to cover the whole contract agreement for the full amount.
A client or business who has used us previously who has been banned from using our services or has unpaid bills outstanding with us or who did not manage to complete their contract payments in full.
A person or business/company that has been declared bankrupt in the last 10 years.
Providing an illegal service/product.
Involvement in fraudulent activity of any kind.
Late Payment Fee’s
Practical Media will charge a £15 late payment administration charge for any late invoices, that exceed 7 days or over. This fee will be applied automatically, and we reserve the right to collect this fee automatically via Direct Debit. If no direct debit is set up, this fee will be added to the invoice for Debit/Credit Card payment.
If any payment exceeds over 30 days, we reserve the right to apply an extra £15 late payment fee, on top of the ‘late payment administration charge’ and reserve the right to take this payment automatically. Management also reserves the right to Suspend your services, with 24 hours’ notice (see ‘Website Suspension’ for more information).
If a customer has a late invoice exceeding 2 (two) constructive months, your services will be suspended, and further action will be taken using legal methods such as the Small Claims Court or/and Solicitor Firm (but not limited to). We reserve the right to pass on your personal information to these firms, if necessary. In this case, we will charge for the maximum legally possible late payment interest/charges.
Service Suspension
The website can be ‘suspended’ if (but not limited to) there is Late Payment, Refusal of Payment, Cancelled Direct Debit mandate, Inappropriate/Illegal Content on the website, or for any reason management deem necessary. We do not have to notify you if your site has been suspended and can be done any time, down to managers discretion.
For any downtime caused by ‘Website Suspension’ or any lost profits and emails, we will not be held responsible for any liability in any way.
Payments will be still collected as usual during the minimum contract term, during any type of ‘website suspension’.
In the case of a Website Suspension, the following will be affected:
Your website will be marked as ‘Suspended’, and you will not be able to access your site, and neither will the public.
You will not be able to receive or send emails and any emails during the suspension that were sent to you and these emails will not be able to be recovered, under any circumstance.
Payments will be still collected as usual during the minimum contract term, during any type of ‘website suspension’.
Practical Media holds full right to keep a website suspended, for any reason we deem necessary.
Deadlines & Estimated Date of Completion
Practical Media will always endeavour to maintain any deadlines or estimated date of completion (ETA’s) we set. In some circumstances in or out of our control, this may not be possible, and the websites contract cannot be cancelled by the client. However, we may offer a free month as a goodwill gesture, on managements discretion.
We will require all relevant forms filled and payments made, content handed to us (if applicable), to be completed before any deadlines can start.
If you are ordering our ‘Content Writing’ service, this will at least require an extra 3-5 days or longer; if there are a lot of pages, we need to write content for, this could be considerably longer.
We hold the right to change your ‘deadline’ or ‘estimated date of completion’ (ETA) at any time and for any reason.
It is the client’s reasonability to ensure we are notified of any change in your personal information including (but not limited to) address, phone number, name or business type (e.g. Sole trader). If you have not received communication from us because you have not told us about your new details, this will be the client’s responsibility and we will not be held responsible.
Email is our primary method of contact within the website development process and for technical support after the website has been developed (if applicable). This is the most cost-efficient way to communicate, which allows us to keep prices as low as possible, for our clients. Our email address is support@Practical Media.co.uk.
It is essential to keep in contact with Practical Media throughout the website development process. If the client doesn’t contact Practical Media for over 14 days, of us trying to contact you, the project could be terminated, and the minimum payments will still be enforceable.
You will be automatically added to our ‘Announcements Newsletter’ list to get important email updates for Practical Media. If you unsubscribe from this, you might not receive important information.
We reserve the right to send postal mail to either your personal or business address.
Copyright, Intellectual Property & Legalities
Practical Media will expect the client to carry out sufficient research before signing up to any of our services. This includes (but not limited to) checking the idea/project/business/website you have will operate legally. You must not use or sign up to any services, if in any way you are operating illegally.
We will not be held responsible for any of the content, images or any other material on the website, that copyright infringements another business/website nor the illegal use of material used on your website. It is the client’s reasonability to ensure the content/images/other material used on the website is legal. Practical Media will not be held responsible in any way.
We hold full right to remove/take-down any material on your website, which we believe is illegal or inappropriate.
Where we have used any graphics or images on the website, that have been created or purchased from a third-party by Practical Media. These are restricted by a licence to only be used on 1 website only. We have a limit of purchasing up to 15 images/graphics per website and if you need any more will occur an additional fee. Practical Media will not be held responsible for illegal or misuse of these images, by the client or other’s distributing, amending or copying the images/graphics to other organisations or individuals.
General Business Terms
We make no guarantees or claims that the contents of our website are legally/lawfully viewed or downloaded outside Scotland. If you access our website outside these areas, it is done at the user’s own risk and the website visitor is responsible for obeying the relevant laws of the visitor's jurisdiction. These Terms & Conditions are governed by the law of Scotland. Any claims regarding the content of our website will lie exclusively with the courts of England. If any of these Terms & Conditions are found to be invalid by the court having competent jurisdiction, in that case the other terms and conditions found to be valid will remain in full force and in effect.
Practical Media will be in no way held responsible for your business or projects operation, profitably or sales, that could be claimed as an effect of the services offered by Practical Media.
We will place a small text link in the footer of your website to state that your website was created by Practical Media and will include a link to our website. This link can be removed on request to support@Practical Media.co.uk.
Any passwords you provide or that Practical Media provides to you, should be changed immediately. Customers are responsible for their own security.
Practical Media hold the right to refuse any client our services, for any reason we deem necessary, which we do not have to disclose. We can also refuse services for certain business ideas or business categories; we do not deem as ‘sustainable’ and that provide too much risk for us.
Website Aftercare
Monthly Website Plans come with ‘Ongoing Technical Support’ which ensures that any issues caused by Practical Media or by a website plugin upgrade are fixed. We can also provide help on how to use your website's dashboard.
Any self-inflicted or client caused issues are not covered by our technical support and will be charged a fee, down to managers discretion.
Amendments are not covered by our Website Aftercare or ‘Ongoing Technical Support’ and will occur a fee, down to managers discretion.
While we take every care to ensure we take backups, we can’t fully guarantee the loss of data can be recovered, if a backup file fails or becomes corrupted.
We will only provide ‘Ongoing technical support’ if all your payments are up-to-date or it can be refused until your billing account is up to date.
Shared Hosting
Standard or Premium plan websites should not exceed over 10gb in storage and E-Commerce plans, should not exceed over 15gb in storage. If you exceed this, you will be asked to upgrade to your own server, which will occur an extra fee down to managements discretion. We hold the right to suspend your website immediately without warning, in this case.
If your website affects the performance of other websites, on one of our servers, you will be asked to upgrade to your own server. Your website will be taken down immediately in this case (without warning) to ensure this does not bring the server to have downtime.
We hold the right to limit your websites CPU, RAM, Disk Read/Write or another resource, to ensure server performance is equal between our clients.
You will not be allowed to use your own website hosting or have access to your websites hosting if you are hosting your website with Practical Media.
It is required that all websites within their minimum contract or on a one-month rolling contract, to be hosted on Practical Media servers.
We can not provide any type of access to your websites hosting when hosted on Practical Media servers. This includes FTP access unless management decides otherwise.
Practical Media holds the right to remove your website, emails and any other data permanently after 60 days of cancellation, non-payment or suspension.
Our servers are provided by third-party companies, their terms and conditions will automatically be applied to you.
In the rare case of server/email/website or another type of downtime, we will not be held responsible for your loss of earnings, whether caused by a third-party or ourselves.
If you wish to move your websites files and database after the minimum contract ends and all payments have been made. We will need 1 months’ notice and once the files are sent, we will take no responsibility on setting up these files onto a new host. Once the files leave Practical Media, we will no longer be held responsible in any way.
Domain Name
If your domain name is with Practical Media, we cannot provide access to your domain control panel, this also includes DNS and email settings.
Domain names with Practical Media cannot be transferred or accessed within its minimum contract or if there are any outstanding invoices due.
If your direct debit is cancelled or you have outstanding invoices, we can automatically release your domain name back to the market (set to expire the domain name), at the time of its renewal.
Website Plans come with 1 free domain name, which is either an available (.co.uk) or (.com) domain name. Other domain names will occur an additional fee, according to management discretion.
If you currently own a domain name, this will need to be transferred to Practical Media (unless managers discretion has stated otherwise). It is the customer's responsibility to ensure the transfer works.
If you wish to have a transfer of your domain name after your contract ends and all minimum payment has been made to us, this will require 1 months’ notice and you will need to provide an IPS tag, of your new provider. After we release the domain name, we will no longer take responsibility for the transfer or management of the domain name.
The domain name will be registered under your details, provided to us on your registration form. However, we will own the domain name in our account, until all payments are made to us and the minimum contract period has ended.
Mailboxes have a maximum storage of 10gb per mailbox if this is exceeded emails will not be sent or stored, without warning. It is the client’s responsibility to keep their mailbox storage limit, within the limits we set.
Additional email storage can be provided for a fee, according to managers discretion on request.
SMTP for emails will go through Amazon SES (Simple Mail Service) you will automatically be bound by their terms & conditions.
If your bounce rate is too high or you're sending out too many marketing messages (spam) or any other reason that affects your SMTP health score, this can also affect our other clients. In this instance you will be removed from Amazon SES immediately, and your emails will stop working without notice.
After the minimum contract ends and all payments have been made, if you wish to close your mailbox and have the emails transferred, this can only be done within the restrictions of our website hosting. Once we start the process of closing your mailbox, we take no responsibility in setting up or transferring your emails to a new provider.
While we do everything, we can to ensure customer security, we can’t be held responsible for any actions, spam, downtime, lost emails or vulnerability’s you could be exposed too or any other reason.
Emails can be used through the Practical Media Webmail client online or can be connected to third-party software such as Outlook or Windows Mail. Connecting to third-party software such as Outlook is the client’s responsibility. If you require assistance connecting to third-party software from Practical Media, this will occur an additional fee.
Mailboxes are subject to the restrictions of our server and the Round Cube open-source software.
If you do not wish to use our Practical Media Webmail system, we can additionally set up email forwarders, which can forward the emails onto a Gmail address or other online email provider. However, in this instance you will not be able to send from your professional email address and only receive from the email address.
Emails are connected using the IMAP & SMTP formats to third-party software. POP3 and Exchange are currently unavailable.
The security of the email accounts is down to the client. Please ensure you set a strong password with special characters, lowercase and uppercase letters, numbers and immediately change any stock passwords we email to you.
We cannot be held responsible in any way for your ranking on any search engine, in the result of our services. No refunds or compensation will be provided in any cases.
When amending, creating, updating, maintaining and changing one of our client's websites, there could be a change in your ranking – which we cannot be held responsible for.
Website Copywriting/Content Writing & Products
Practical Media can offer Content Writing for its websites at an additional charge. Please contact us on , to get a quote for our professional content writing service. If you do not proceed with a content writing service from Practical Media, we will need to send the content to us in a Microsoft Word or OpenOffice document, in a clear layout with the page title above it needs to go onto. We will need this document within 2 weeks of starting the website design process. Timeframes we provide for the development of the website are not started until this document has been received by Practical Media. After 2 weeks of the document not being received, we reserve the right to start the website monthly payments.
Products, blog posts and categories are to be added by the client themselves through their website control panel and are excluded by any content writing plan or feature we offer.
E-Commerce Sites
If you wish to import stock (products) onto your website, we must know this in advance of the client signing this contract, as this may or may not occur an extra fee. We cannot be held responsible or assist in importing products through third-party wholesalers.
Website Design/Development
We understand getting your design right for your website is essential. We don’t currently have any maximum limit number, but we do have a sensible fair usage policy down to managements discretion. Once your draft and homepage are accepted, any further design revisions to that will occur additional charges.
If you request multiple design revisions, this will require more time from our developers, to carry out work on your website. This will make any previous timeframes we have provided invalid. Please be patient as any design revisions will need to be booked into the next available slot.
Changes to your business name, branding or domain name any time during or after the process of development has started will inccur addtional charges. Changes to your business model any time before or after the process will also inccur additional charges based on the amount of work that needs to be carried out. We are under no obligation to accept these changes and can refuse to carry out that work.
We always try and meet the client's design specifications within reason, but in some cases this is not always possible, so we make no guarantees on any of your design specifications. In any such situation an alternative design may need to be accepted.
Availability & Support
Opening hours are between 9:00 am – 5:00 pm Monday-Friday on business working weekdays. We are closed on bank holidays.
While avoided as much as possible, we reserve the right to close Practical Media on days with staff shortages, upgrades, weather conditions, seasonal holidays, events or for any other reason we deem necessary at short or no notice.
We reserve the right to change our opening hours, at any time.
We will send across instructions on how to setup Practical Media Webmail on third-party software such as IOS Mail, Android Mail & Outlook. We cannot offer email or phone support when setting up emails on third-party software unless we state otherwise to you.
We will aim to fix any reported issues within a reasonable timeframe, which are not caused by the customers doing, within business hours.
In addition, Practical Media will not tolerate any form of swearing, anger, harassment from customers or third-parties against its employee’s. Practical Media reserves the right to cancel a contract without refund and with full payment due as 1 whole payment, in the event of inappropriate or unreasonable behaviour and conduct. If any threatening behaviour is directed to any of our employee’s, communication will then be by postal mail only.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
