OVERSAL MEDIA | SINCE AND FOREVER<\/h1>\n
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<\/i> Terms and conditions<\/h1>\nLatest information about our terms and conditions<\/h3>\n\n<\/i> Oversal Media Legal<\/h1>\n<\/div>\n\u00bb View Our \u00bb <\/i> Privacy Policy<\/a> \u00bb View Our \u00bb <\/i> Terms and Conditions<\/a> \u00bb View Our \u00bb <\/i> Customer Services<\/a> \u00bb View Our \u00bb <\/i> Help and Support<\/a><\/div>\n<\/div>\n\n\n<\/div>\n\u00a6\u2014 We take your privacy and security extremely seriously. \u2014\u00a6<\/p>\n
\u00a6 Your personal information will never be shared. Oversal Media will always help by tracking any attempt to miss use your data to give you more control and real piece of mind. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 GENERAL \u2014\u00a6<\/h1>\n
\u00a6\u2014 01) Broadly \u2014\u00a6<\/p>\n
\u00a6 Any kind of agreement or deviations will be invalid unless confirmed in writing by Oversal Media. Any conditions of the customer are only binding if it has been made in writing and accepted it in writing by Oversal Media. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 02) Areas \u2014\u00a6<\/p>\n
\u00a6 These terms and conditions apply to all deliveries and services of Oversal Media. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 03) Outlook \u2014\u00a6<\/p>\n
\u00a6 Oversal Media offers the following services: \u00a6<\/p>\n
\u00a6 Customization and maintenance of websites, e-shops, art sale, graphic design services, general design services, photography services and sale, illustration services, 3d services, music production and sale, games production and sale. \u00a6<\/p>\n
\u00a6 Oversal Media provides its services according to the needs and specifications of the customer. Installation, instruction , preparation of documentation and training belong only to the performance obligations of Oversal Media, if this is agreed . Change and enhancement requests should only be considered if they are necessary for technical reasons, to achieve the purpose of the contract with Oversal Media. \u00a6<\/p>\n
\u00a6 In a significant change of the contractual obligations of Oversal Media for the purpose of adapting to the needs of the customer, Oversal Media can provide the customer with the required overhead into account. This also applies to an extensive examination of whether and under what conditions the change or extension is feasible, provided that Oversal Media has indicated it in writing. Oversal Media entitled to make partial deliveries. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 04) Restrictions and Deadlines \u2014\u00a6<\/p>\n
\u00a6 Oversal Media Limited is not liable for any delays caused by labor disputes, or any other unavoidable circumstance or problems with third-party products (for example software other computer manufacturers). \u00a6<\/p>\n
\u00a6 In case of delays caused by changes in the requirements of the customer, lack of disclosure to defined intermediate steps (for example wireframes , layouts , concepts) inadequate conditions in the application environment ( hardware or software deficiencies ), as they were not known and should have been known by Oversal Media, the delivery or performance date shall be extended accordingly as well as additional charge will apply depending on the circumstances and demands of the project. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 05) Duty to Cooperate \u2014\u00a6<\/p>\n
\u00a6 The customer will provide all the necessary data , especially all content data to build websites on time and in digital form under review the orthographic accuracy available. \u00a6<\/p>\n
<\/div>\n\u00a6 As far as Oversal Media provides to customers a design indicating a reasonable time limit for scrutiny for accuracy and completeness , the design will be deemed accepted by the deadline, as far as Oversal Media receives no correction request. The customer is responsible for adequate resources and information as part of its duty to cooperate. He will ensure the availability of the required number of competent staff from technical and IT technical point of view and for sufficient computer capacity such as memory, processor power and line capacity. If Oversal Media deems it necessary, the customer,\u00a0 a test environment (hardware with latest software version, especially the later use conditions appropriate operating system and the corresponding server software ) are available. As well as errors or impairment of the function of the performance of Oversal Media such as a website occur, the customer will inform Oversal Media immediately stating the time and error specification and the name and telecommunications data ( phone, e- mail) of the reporting and responsible employee thereof . Basically, Oversal Media will start the necessary work after 5 business days , unless the circumstances or contractual agreements require an earlier action. The customer is responsible for the smooth operation of the devices for remote maintenance and care, in particular stable data lines and interfaces. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 06) Licenses \u2014\u00a6<\/p>\n
\u00a6 Each of Oversal Media issued order is a copyright contract, which is directed to the granting of rights to use the Services. Oversal Media grants the customer a an exclusive , limited in content to the medium Internet right to use the concept and the converted HTML documents drawn up for the implementation of this order . For the use of order-based results from concept, design and software development in other media it requires an express written agreement between Oversal Media and the client. The right of use is , however, only upon full payment on the total remuneration . \u00a6<\/p>\n
<\/div>\n\u00a6 This software product is supplied for the period of its economic life , but not sold. The license to use the Software Product includes the simple, non -exclusive, perpetual , non-transferable right to use the Software Product , including the associated user documentation. The customer is obliged , upon request , to provide Oversal Media on the extent of use of written information. All the designs , patterns and final drawings are subject to copyright laws . The drafts and final artwork may not be altered without the express consent of Oversal Media neither the original nor in the reproduction . Any imitation – in parts – is forbidden. Oversal Media has the right to be mentioned on the web site and in publications on the work as author . Suggestions of the client or its employees have no influence on the amount of remuneration and shall not establish joint copyright . Oversal Media is in the use of templates of the customers believe that they are not encumbered with the rights of third parties or the customer has the right of use required for the job . \u00a6<\/p>\n
<\/div>\n\u00a6 Oversal Media also takes rights of third parties ( foreign license material ) to complete, the customer only for the website – especially time – can be transferred restricted. The limited transfer may , inter alia, cause foreign license material no longer or significantly altered conditions, Oversal Media has no influence , is available. Oversal Media will endeavor , in this case its best efforts to use similar material . Oversal Media can charge the customer the cost of foreign material by presenting the license settlement of the licensor with a service charge of 15 % of the price . Any further disclosure of third party rights polluted parts of the site will not occur. The customer may use foreign license material only in connection with and as part of the site . If Oversal Media taken by the licensor to complete, as the foreign license material was not used accordingly , the customer for replacement of the resulting damage is responsible . The customer is obliged to inform Oversal Media about any unauthorized use of the licensed material that is known to him , and to take legal action against an infringer of intellectual property rights or to support Oversal Media here . If the customer is known violations of rights of use of the services of Oversal Media for example warnings third party , he will inform Oversal Media immediately. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 07) Copyright Notices and Reference Evidence \u2014\u00a6<\/p>\n
\u00a6 The customer grants Oversal Media the right to incorporate the logo of Oversal and an imprint in the websites of the customer and these together and the site of Oversal Media to link. The customer will assume all proprietary notices such as copyright notices and other legal reservations unchanged. This applies in particular to the attached in the program code instructions to the author. Oversal Media reserves the right to services rendered as designs and objects, even if they are based on customer templates to use for presentation purposes, in particular the customer’s website in a reference list for advertising purposes absorb and take the appropriate links. \u00a6<\/p>\n
<\/div>\n\u00a6 In case of any damage caused by faulty or damaged plugin, theme or any kind of third party software, Oversal Media is neither responsible nor liable for this type of damage or loss. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 08) The Customer’s Obligation to Backup \u2014\u00a6<\/p>\n
\u00a6 The customer is obliged to take appropriate precautions against data loss, since installation or re-installation of the software brings the risk of data loss with it. Oversal Media is neither responsible nor liable for any data loss. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 09) Prices and Payment \u2014\u00a6<\/p>\n
\u00a6 Shipping , installation, training , creating documentation and other benefits are not included in the price , unless otherwise agreed. Additional services that are not included in the price list they are to be paid for separately. \u00a6<\/p>\n
\u00a6 If the customer is in default with the payment , it must be expected to be charged interest at the rate of 8%. The default interest is payable without a reminder. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 10) Termination \u2014\u00a6<\/p>\n
\u00a6 With care and hosting contracts, the customer may terminate properly earlier than 12 months after contract conclusion. The agreement shall be extended by 12 months if it is not canceled in writing one month before end of contract. \u00a6<\/p>\n
\u00a6 The term of the contracts, to Oversal Media and services purchased by a third party is bound, apply equally to the other party of Oversal Media. The terms and notice periods of these agreements shall be notified in the contract on the part of Oversal Media. \u00a6<\/p>\n
\u00a6 The right to terminate for good cause remains unaffected. Especially against rights for infringement and if the customer is paying the compensation to more than one month in arrears, can be Oversal Media terminate for good cause. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 11) Releases \u2014\u00a6<\/p>\n
\u00a6 Unless the parties agree by electronic mail ( e-mail) , they acknowledge the unlimited validity of the exchanged shall be declarations of intent in accordance with the following provisions. \u00a6<\/p>\n
\u00a6 The email must contain the date of dispatch (date and time) and display the name of the sender end of the message name and e-mail address of the sender. \u00a6<\/p>\n
\u00a6 For unencrypted data on the Internet a confidentiality is not guaranteed. Each Contracting Party shall at the request of other concerted encryption system such as PGP on his page. \u00a6<\/p>\n
\u00a6 The liability of the e -mail and so the text form applies to any statement that brings the ordinary contract settlement with them. Excludes text form , however, is the case of termination , for measures to initiate or conduct of arbitration proceedings , and declarations that are required by a contractor expressly stated by this agreement in writing. \u00a6<\/p>\n
\u00a6 A obtained under the preceding provisions of e-mail is considered to arise as a subject of evidence by the other partner. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 12) Safety Regulations \u2014\u00a6<\/p>\n
\u00a6 The customer is responsible for compliance with local laws, regulations and safety regulations, especially with regard to approval, installation, operation, maintenance and repair of the goods delivered and obliged to fulfill them. The customer is obligated to indemnify Oversal Media from any claims arising from the failure to comply with such requirements by the customer. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 13) Jurisdiction and Applicable Law, Sever-ability \u2014\u00a6<\/p>\n
\u00a6 Jurisdiction is the place of establishment of Oversal Media, if the customer is an entrepreneur, businessman, legal entity under public law or public law special fund. However, Oversal Media shall be entitled at its discretion to assume the charge of the court of residence of the customer to complete. The parties agree to the application of British law to all legal relations arising from this contractual relationship. Also in cross-border traffic, British law applies excluding the UN sales law. If any provision of these Terms and Conditions be or become invalid, the other conditions remain in effect. The parties shall replace the void provision with a valid one which the will of the contracting parties economically next. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 14) Terms \u2014\u00a6<\/p>\n
\u00a6 These Terms (as amended by us from time to time) apply to and shall be incorporated into the Contract (and thereby the Cost Agreement). The Cost Agreement constitutes an invitation by us to provide the Services specified in it on these Terms to you. When you sign and return the Cost Agreement to us this constitutes an offer by you to purchase the Services on the basis of the Cost Agreement and these Terms. When we contact you to accept your offer, or begin work on the Services this shall establish the Contract between us. \u00a6<\/p>\n
<\/div>\n\u00a6 The Cost Agreement represents our reasonable efforts to predict the course of the services to meet your needs based on the information you have provided to us. Whilst we aim to make the Cost Agreement as accurate as possible (and in the most we achieve this), if the progress and duration of the Services is longer or shorter than we anticipated e.g. as a result of you requesting an additional service or the information from you not being accurate, then the final charges may be revised upwards or downwards and we reserve the right to amend our Fees accordingly. Our commitment is to inform you of any variations to the plan (and the reasons for them) as they occur such that any changes to our Fees, or the overall Costs do not come as a surprise. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 15) Calculations \u2014\u00a6<\/p>\n
\u00a6 Any additional Fees and\/or Costs will be calculated in accordance with clause 3. These Fees will be recorded during the Services and billed to you at your next billing stage or at the end of the Services. We will try to advise you of these additional Fees when we become aware of them and, where possible, before we actually incur them. We do not charge for our first meeting with you where you are a new client, however if you choose to work with us we reserve the right to charge you additional Fees for any subsequent meetings, travel and planning time (including for any meetings once the Project is completed and we are maintaining your website). \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 16) Fees \u2014\u00a6<\/p>\n
\u00a6 We bill on an hourly basis for the following types of work: website design, website development \/ database programming, consultancy, content management and project management. Graphic design and some other services may, at our discretion, be billed at an hourly rate. Our Cost Agreement is based on this Fee structure and any additional Services provided to you will be similarly calculated. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 17) Discretion \u2014\u00a6<\/p>\n
\u00a6 In certain cases (at our sole discretion) we use third parties to provide services to you; Our Fees are exclusive of third party fees and third parties may quote for services at different rates. Where we need to instruct a third party to carry out work for you and there will be an additional cost to you we will obtain fee estimates from them and agree these fees separately with you, prior to instructing the third party to commence work. Where we use a third party at no additional cost to you we will not discuss this with you and we shall be permitted to use third parties to provide services as we see fit. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 18) Invoice \u2014\u00a6<\/p>\n
\u00a6 Prior to providing our services we will invoice 50%-60% of the total estimated amount in advance for which we require payment by return. The remaining fee shall be payable at completion of services. Any additional payment exceeding the time frame agreement will be charged at completion of the service provided. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 19) Cost \u2014\u00a6<\/p>\n
\u00a6 Where the Cost Agreement is for ongoing maintenance, we will invoice monthly, quarterly, or annually as agreed in writing with you. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 20) Hosting \u2014\u00a6<\/p>\n
\u00a6 Fees for hosting or website maintenance are billed in advance, usually quarterly. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 21) Payment \u2014\u00a6<\/p>\n
\u00a6 You shall pay each invoice submitted to you by us in full, and in cleared funds, within 30 days of receipt. Without prejudice to any other right or remedy that we may have, if you fail to pay us on the due date we may: \u00a6<\/p>\n
\u00a6 (a) charge interest on such sum from the due date for payment at the annual rate of [4]% above the base lending rate from time to time of Barclays bank plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment. The Supplier may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and \u00a6<\/p>\n
<\/div>\n\u00a6 (b) suspend all Services until payment has been made in full. Time for payment shall be of the essence in the Contract. \u00a6<\/p>\n
<\/div>\n\u00a6 Fees and Costs are estimated on the assumption that material for publication (text and images) is supplied to us in digital (computer file) form. If we are required to convert material from hard copy, via scanning or typing, extra Fees will apply at the standard hourly rate. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 22) Material Formats \u2014\u00a6<\/p>\n
\u00a6 We accept digital material in the following formats: Microsoft Word or other common text formats, copy by e-mail, HTML, JPEG, TIFF, GIF, PNG, Adobe PDF, Adobe Photoshop, Adobe Illustrator, Microsoft Excel. \u00a6<\/p>\n
<\/div>\n\u00a6 All text should be supplied to us with a minimum of formatting, other than line and paragraph breaks. Please avoid the use of boldface, italics or other formatting styles, and tables or other layout tools, as these will be added by us during the design process. \u00a6<\/p>\n
<\/div>\n\u00a6 Text supplied to us should be final version. We reserve the right to charge for extra time spent amending text following transfer to your website. You are responsible for proofing any text provided by you and we shall not be responsible for any mistakes or omissions once you have given final approval of any wording. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 23) Cancellation \u2014\u00a6<\/p>\n
\u00a6 When instructed by you, we assign Staff to carry out the Services. As a result, we plan the use of our Staff and resources months in advance and turn down work for which we do not have adequate resources. Cancellation by you therefore causes us loss and so we reserve the right to charge you as follows: \u00a6<\/p>\n
<\/div>\n\u00a6 100% charge for all work actually done and Costs incurred at the date of cancellation; and\/or \u00a6<\/p>\n
<\/div>\n\u00a6 50% charge for any Fees budgeted and cancelled by you with less than 1 month notice; \u00a6<\/p>\n
<\/div>\n\u00a6 In the case of ongoing hosting or maintenance contracts, we require 30 days notice for cancellation unless stated otherwise in the Cost Agreement. \u00a6<\/p>\n
<\/div>\n\u00a6 Postponement of work by you will be treated as a cancellation (as we will have already made allowances to keep dates free) and will mean we have the right to charge 100% of the price. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 24) Modifications \u2014\u00a6<\/p>\n
\u00a6 We are happy to discuss changes and modifications of your instructions to us at any time, but you accept that such changes or modifications may result in our need to vary our Fees and Costs which have been included in the Cost Agreement. We will always try and confirm such changes in writing. \u00a6<\/p>\n
<\/div>\n\u00a6 Substantial changes may require completion of the Services to be significantly delayed because of our need to reallocate resources. In this situation we reserve the right to cancel the Services and recover our Fees and Costs. We will discuss rescheduling the new Services with you for which we will issue you with a new Cost Agreement. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 25) Termination \u2014\u00a6<\/p>\n
\u00a6 Oversal Media reserve the right to terminate the contract by giving written notice if the client commit any material breach of agreement. In the case of a firm or an individual becoming bankrupt. All payments payable to us under the contract shall become due immediately on termination of the contract, despite any other provision. This condition is without prejudice to any right to claim for interest under statute, or any such right under the contract. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 26) Liability \u2014\u00a6<\/p>\n
\u00a6 We shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for (1) loss of profits; or (2) loss of business; or (3) depletion of goodwill or similar losses; or(4) loss of anticipated savings; or (5) loss of goods; or(6) loss of contract; or (7) loss of use; or (8) loss or corruption of data or information; or (9) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. \u00a6<\/p>\n
<\/div>\n\u00a6 We shall not be liable to you or be deemed to be in breach of our obligations to you by reason of any delay in performing, or any failure to perform, any of our obligations in completing the Services, if the delay or failure was due to any cause beyond our reasonable control. From time to time we use third party suppliers to assist with the Services. In addition we resell services including (but not limited to) server space, domain names and email addresses from third party suppliers. As is the nature with services of this type they do, from time to time, temporarily stop working or other problems may occur. We do not accept any responsibility for the failure or otherwise of any services provided by a third party. \u00a6<\/p>\n
<\/div>\n\u00a6 we shall remain the sole legal and beneficial owners of our content management system at all times. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 27) Contracts \u2014\u00a6<\/p>\n
\u00a6 Any variation of the Contract shall be in writing and signed by or on behalf of both the parties. Any notice required or permitted to be given by either of us to the other under these Terms should be in writing addressed to the other party at its registered office or principle place of business or such other address as at the relevant time has been notified pursuant to this provision to the party giving their notice and delivered by recorded delivery post or sent via email only (to such email address as each party nominates). \u00a6<\/p>\n
<\/div>\n\u00a6 The Contract and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims). \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 28) Intellectual Property \u2014\u00a6<\/p>\n
\u00a6 All source code and graphics remains the intellectual property of Oversal Media and is not supplied to the client. \u00a6<\/p>\n
<\/div>\n\u00a6 Clients may use the published site for as long as they require with no additional costs (except for web hosting fees and maintenance). \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 29) Credits \u2014\u00a6<\/p>\n
\u00a6 All work includes credits (for example Website designed by Oversal Web Design) which links back to www.oversalwebdesign.com. \u00a6<\/p>\n
<\/div>\n\u00a6 This agreement shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts in respect of the interpretation of, and any disputes relating to, this agreement or any of its provisions. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 30) Updates and Upgrades \u2014\u00a6<\/p>\n
\u00a6 All work commissioned must be paid for in full prior to going live. Non-payment of commissioned work may result in account suspension until all outstanding fees have been paid in full. \u00a6<\/p>\n
<\/div>\n\u00a6 Annual hosting (and any upgrades) is payable direct to Oversal Media subject to their terms and conditions. \u00a6<\/p>\n
\u00a6 Non-payment of annual hosting fee may result in account suspension. \u00a6<\/p>\n
<\/div>\n\u00a6 All agreements between you (the ‘Customer’) and us (‘Oversal Media’) are subject to these Terms and Conditions. \u00a6<\/p>\n
<\/div>\n\u00a6 All fees are due in advance of the services provided. Any fees are invoiced annually at the beginning of each calendar year, cover the services for the duration of such calendar year and are non-refundable. Failure to pay in advance may result in termination or suspension of services without notice. \u00a6<\/p>\n
<\/div>\n\u00a6 Website hosting fee shall be negotiated (inclusive of the admin system hosting fee if applicable). \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 31) Access \u2014\u00a6<\/p>\n
\u00a6 The Customer agrees that they shall not have direct access to the servers (via FTP or Control panel) run, administered or used by Oversal Media. The Customer may access their website through a unique login setup by Oversal Media. \u00a6<\/p>\n
<\/div>\n\u00a6 The Customer shall not have any rights whatsoever to any source codes, server codes, admin panel codes or applications hosted on our server. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 32) Responsibility \u2014\u00a6<\/p>\n
\u00a6 The use of any data or material, which the customer receives from the service provided by Oversal Media, is at the customer’s sole and absolute risk. Oversal Media specifically disclaim and deny any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 33) Liability and Rights \u2014\u00a6<\/p>\n
\u00a6 The Customer agrees to indemnify and hold harmless from any and all liabilities, losses, costs and claims, against Oversal Media that may arise or result from any services provided, performed or agreed to be performed or any product sold by the Customer. In particular,the Customer agrees to indemnify and hold Oversal Media harmless from any claim or demand made by anyone due to any content, material the Customer or any of the Customer’s employees, affiliates or volunteers upload to the server via the Admin system or any violation of any law or of these Terms and Conditions. \u00a6<\/p>\n
<\/div>\n\u00a6 The Customer may only use Oversal Media services for lawful purposes. \u00a6<\/p>\n
<\/div>\n\u00a6 The following uses shall be cause for the immediate termination of services and contract with the customer without notice and without liability for actual,compensatory or consequential damages to the customer for the interruption in service: \u00a6<\/p>\n
\u00a6 (a) violation of intellectual property rights,violation of applicable law; (b) unsolicited advertising via email and\/or ‘spamming’,mailbombing, trolling; (c) tortuous conduct (such as posting of defamatory materials); (d) violating or attempting to violate the security of the Oversal Media and systems; (e) posting of illegal adult content. \u00a6<\/p>\n
<\/div>\n\u00a6 Oversal Media will utilize its best efforts to maintain acceptable performance of services, but Oversal Media makes no warranties of any kind, expressed or implied for services we provide. Oversal Media disclaims any warranty or merchantability or fitness for a particular purpose. \u00a6<\/p>\n
<\/div>\n\u00a6 Oversal Media cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Oversal Media will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Oversal Media shall not be liable to the customer or any of its customers for any claims or damages which may be suffered by the customer or its customers, including, but not limited to, losses or damages of any and every nature,resulting from the loss of data,inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non\u00ad deliveries, or service interruptions. Notwithstanding the above, the customer’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate amount which the Customer paid to Oversal Media during the term of agreement with the latter. \u00a6<\/p>\n
<\/div>\n\u00a6 Oversal Media reserves the right to revise its terms and conditions and its policies at any time. \u00a6<\/p>\n
<\/div>\n\u00a6 All agreements and non-contractual obligations arising out of or in connection with the agreements are governed by English law with English courts having exclusive jurisdiction over any disputes. Although every precaution is taken to ensure a reliable hosting service it is impossible to guarantee 100% up time. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 DIGITAL DOWNLOADS \u2014\u00a6<\/h1>\n
\u00a6\u2014 01) Broadly \u2014\u00a6<\/p>\n
\u00a6 Any kind of agreement or deviations will be invalid unless confirmed in writing by Oversal Media. Any conditions of the customer are only binding if it has been made in writing and accepted it in writing by Oversal Media. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 02) Agreement \u2014\u00a6<\/p>\n
\u00a6 Each time you purchase Digital Products through this site you will be required to click the “I Agree” button to complete the order. By clicking the “I Agree” button and\/or by using this site to purchase Digital Products you are accepting these terms and conditions of sale and if relevant any product specific terms. Any terms which you seek to impose in respect of your purchase of Digital Products through this site will not form part of any contract between us. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 03) Replacement \u2014\u00a6<\/p>\n
\u00a6 From time to time, product specific terms may apply in addition to or replace these terms in respect of certain Digital Products available on the site. For example, additional terms such as territorial restrictions may apply to album launches. These product specific terms will be clearly indicated and featured on the site in the order process for the relevant Digital Product. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 04) Legality \u2014\u00a6<\/p>\n
\u00a6 By placing an order for Digital Products through our site, you warrant that: \u00a6<\/p>\n
<\/div>\n\u00a6 You are legally capable of entering into binding contracts; \u00a6<\/p>\n
<\/div>\n\u00a6 You are at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and\/or guardian who has explained these terms of sale to you so that you fully understand them; \u00a6<\/p>\n
<\/div>\n\u00a6 You are purchasing Digital Products for private, non-commercial use only and that you will not copy, distribute or share the Digital Products other than as allowed under these terms of sale. \u00a6<\/p>\n
<\/div>\n\u00a6 By placing an order for Digital Products you agree that we may store, process and use personal data collected from you for the purposes of processing\/fulfilling your order. We work with third parties that help us provide the Digital Products to you including card payment and collection companies and they will also have access to your personal data to the extent necessary to help us process\/fulfill your order. For further information about how we may store, process and use your personal data please refer to our Privacy Policy. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 05) Intellectual Property \u2014\u00a6<\/p>\n
\u00a6 All Digital Products available through this site are owned or controlled by us and are protected by intellectual property rights. \u00a6<\/p>\n
<\/div>\n\u00a6 Any streaming or use of Digital Products purchased through this site are for your own personal, non-commercial use only. Upon payment of the price of the Digital Product we grant you a non exclusive, non-transferable license to use the Digital Product for your own personal, non-commercial use in accordance with these terms of sale. \u00a6<\/p>\n
<\/div>\n\u00a6 You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Products available through this site (whether the same are available as streams and\/or permanent downloads). Nothing in these terms of sale grants to you any rights other than those expressly set out herein. These terms do not grant to you any rights in relation to the synchronization, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Product. \u00a6<\/p>\n
<\/div>\n\u00a6 We will be entitled to obtain injunction relief against you, in addition to all other remedies that we may have, to enforce these terms of sale and to prevent your unauthorized use of this site. \u00a6<\/p>\n
<\/div>\n\u00a6 Permanent downloads of Digital Products are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. This is solely for your own personal, non-commercial use and you must adhere to any and all usage restrictions that apply to the Digital Product. \u00a6<\/p>\n
<\/div>\n\u00a6 You are responsible for ensuring that you do not lose, destroy, or damage any Digital Product you purchase through this site. We shall not be obliged to replace any Digital Product in the event of any loss, destruction, or damage not caused by our negligence. \u00a6<\/p>\n
<\/div>\n\u00a6 We reserve the right to introduce and\/or change usage rules limiting the number of times any permanent download of a Digital Product may be burned to disc or transferred to any other media including to portable players. We may do this in relation to any and\/or all of the Digital Products available as permanent downloads from time to time via this site. \u00a6<\/p>\n
<\/div>\n\u00a6 In any event if you burn any permanent download of a Digital Product to disc or transfer it to a portable device you agree not to further copy, distribute or transfer the permanent download from that disc or portable device. \u00a6<\/p>\n
<\/div>\n\u00a6 Watermarking To prevent unauthorized use, Digital Products may carry a digital watermark that allows us to identify the origin of the Digital Product and track any subsequent unauthorized transfer. You agree to not attempt to remove the watermark or circumvent the security technology in any way. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 Streaming \u2014\u00a6<\/p>\n
\u00a6 We grant to you a non-exclusive, non-transferable right to access streams of Digital Products made available by us on this site solely for your personal, non-commercial use. Such use shall be subject always to these terms of sale. \u00a6<\/p>\n
<\/div>\n\u00a6 You may not in relation to any Digital Products available as streams through this site: store, copy, “rip”, reproduce, transfer or burn to disc or attempt or employ any technology with a view to attempting to do the same;circumvent, attempt to circumvent or employ any technology with a view to attempting to circumvent any technology used by us to protect Digital Products available as streams through this site. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 06) Availability \u2014\u00a6<\/p>\n
\u00a6 All Digital Products featured on our site are subject to availability. We reserve the right to change or remove a Digital Product or other content on the site at any time without notice or liability to you. For example we may have obtained rights from third parties to make the Digital Product available and, in the event we lose these rights, we may need to remove the Digital Product from the site and make it unavailable for purchase. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 07) Time Frame \u2014\u00a6<\/p>\n
\u00a6 We will endeavor to make it clear where Digital Products offered are available for a limited time or in limited numbers. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 08) Updates \u2014\u00a6<\/p>\n
\u00a6 We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular Digital Product will be available at a particular time. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 09) Payment \u2014\u00a6<\/p>\n
\u00a6 Payment for all Digital Products must be by credit or debit card, Paypal. We accept the credit and debit cards displayed on the payment page of our site from time to time. \u00a6<\/p>\n
<\/div>\n\u00a6 By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the Digital Products and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer. \u00a6<\/p>\n
<\/div>\n\u00a6 All credit\/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit\/debit card payment in accordance with your order. Should there be a problem with your payment we will contact you to discuss the next steps. \u00a6<\/p>\n
<\/div>\n\u00a6 You may not cancel an order made by you for any permanent download of a Digital Product once it has been made available for download by you and each purchase of a permanent download shall be deemed a final, non-exchangeable, non-refundable sale. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 10) Cancellation \u2014\u00a6<\/p>\n
\u00a6 If you are in breach of, or we suspect you are in breach of, these Digital Product Terms of Sale (including if you use any Digital Product or the site for business purposes or you breach usage rules) then we may cancel your account. \u00a6<\/p>\n
<\/div>\n\u00a6 You agree you will have no claim against us, in respect of any decision to remove Digital Product from this site or any decision to suspend or terminate your access to this site or to Digital Products (including by way of purchase) through the site. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 11) Warranties agreement \u2014\u00a6<\/p>\n
\u00a6 We do not make any other promises or warranties about the Digital Products. You agree that use of this site to access or purchase Digital Products is at your sole risk. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 12) Breach \u2014\u00a6<\/p>\n
\u00a6 If you are in breach of the contract for the Digital Product, neither of us will be responsible for any losses that the other suffers as a result. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 13) Limitations \u2014\u00a6<\/p>\n
\u00a6 Our liability for losses you suffer as a result of us breaking a contract for a Digital Product(s) is strictly limited to the purchase price of the relevant Digital Product(s) affected. \u00a6<\/p>\n
<\/div>\n\u00a6 We are not responsible for any losses. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 14) Communication \u2014\u00a6<\/p>\n
\u00a6 All communications we receive should be in writing using email only and other communication will be void and will not be legally binding. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 15) Responsibility \u2014\u00a6<\/p>\n
\u00a6 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract for a Digital Product that is caused by events outside our reasonable control. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 16) Right to Amend \u2014\u00a6<\/p>\n
\u00a6 We have the right to revise and amend these terms and conditions of sale from time to time including to reflect changes affecting our business, changes in technology, changes in licensing arrangements, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site’s capabilities. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 17) Governing Law \u2014\u00a6<\/p>\n
\u00a6 Contracts for the purchase of Digital Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. \u00a6<\/p>\n
<\/div>\n<\/div>\n<\/div>\n\nOversal Media Limited<\/p>\n<\/div>\n
\n{ OUR ASPIRATION }<\/h2>\nWe are aiming to continuously improve our services, so if you have any valuable suggestions please don’t hesitate to contact us!<\/h4>\n<\/div>\n\u00bb Need more help? \u00bb <\/i> Contact us!<\/a>
<\/i> Oversal Media Legal<\/h1>\n<\/div>\n\u00bb View Our \u00bb <\/i> Privacy Policy<\/a> \u00bb View Our \u00bb <\/i> Terms and Conditions<\/a> \u00bb View Our \u00bb <\/i> Customer Services<\/a> \u00bb View Our \u00bb <\/i> Help and Support<\/a><\/div>\n<\/div>\n\n\n<\/div>\n\u00a6\u2014 We take your privacy and security extremely seriously. \u2014\u00a6<\/p>\n
\u00a6 Your personal information will never be shared. Oversal Media will always help by tracking any attempt to miss use your data to give you more control and real piece of mind. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 GENERAL \u2014\u00a6<\/h1>\n
\u00a6\u2014 01) Broadly \u2014\u00a6<\/p>\n
\u00a6 Any kind of agreement or deviations will be invalid unless confirmed in writing by Oversal Media. Any conditions of the customer are only binding if it has been made in writing and accepted it in writing by Oversal Media. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 02) Areas \u2014\u00a6<\/p>\n
\u00a6 These terms and conditions apply to all deliveries and services of Oversal Media. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 03) Outlook \u2014\u00a6<\/p>\n
\u00a6 Oversal Media offers the following services: \u00a6<\/p>\n
\u00a6 Customization and maintenance of websites, e-shops, art sale, graphic design services, general design services, photography services and sale, illustration services, 3d services, music production and sale, games production and sale. \u00a6<\/p>\n
\u00a6 Oversal Media provides its services according to the needs and specifications of the customer. Installation, instruction , preparation of documentation and training belong only to the performance obligations of Oversal Media, if this is agreed . Change and enhancement requests should only be considered if they are necessary for technical reasons, to achieve the purpose of the contract with Oversal Media. \u00a6<\/p>\n
\u00a6 In a significant change of the contractual obligations of Oversal Media for the purpose of adapting to the needs of the customer, Oversal Media can provide the customer with the required overhead into account. This also applies to an extensive examination of whether and under what conditions the change or extension is feasible, provided that Oversal Media has indicated it in writing. Oversal Media entitled to make partial deliveries. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 04) Restrictions and Deadlines \u2014\u00a6<\/p>\n
\u00a6 Oversal Media Limited is not liable for any delays caused by labor disputes, or any other unavoidable circumstance or problems with third-party products (for example software other computer manufacturers). \u00a6<\/p>\n
\u00a6 In case of delays caused by changes in the requirements of the customer, lack of disclosure to defined intermediate steps (for example wireframes , layouts , concepts) inadequate conditions in the application environment ( hardware or software deficiencies ), as they were not known and should have been known by Oversal Media, the delivery or performance date shall be extended accordingly as well as additional charge will apply depending on the circumstances and demands of the project. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 05) Duty to Cooperate \u2014\u00a6<\/p>\n
\u00a6 The customer will provide all the necessary data , especially all content data to build websites on time and in digital form under review the orthographic accuracy available. \u00a6<\/p>\n
<\/div>\n\u00a6 As far as Oversal Media provides to customers a design indicating a reasonable time limit for scrutiny for accuracy and completeness , the design will be deemed accepted by the deadline, as far as Oversal Media receives no correction request. The customer is responsible for adequate resources and information as part of its duty to cooperate. He will ensure the availability of the required number of competent staff from technical and IT technical point of view and for sufficient computer capacity such as memory, processor power and line capacity. If Oversal Media deems it necessary, the customer,\u00a0 a test environment (hardware with latest software version, especially the later use conditions appropriate operating system and the corresponding server software ) are available. As well as errors or impairment of the function of the performance of Oversal Media such as a website occur, the customer will inform Oversal Media immediately stating the time and error specification and the name and telecommunications data ( phone, e- mail) of the reporting and responsible employee thereof . Basically, Oversal Media will start the necessary work after 5 business days , unless the circumstances or contractual agreements require an earlier action. The customer is responsible for the smooth operation of the devices for remote maintenance and care, in particular stable data lines and interfaces. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 06) Licenses \u2014\u00a6<\/p>\n
\u00a6 Each of Oversal Media issued order is a copyright contract, which is directed to the granting of rights to use the Services. Oversal Media grants the customer a an exclusive , limited in content to the medium Internet right to use the concept and the converted HTML documents drawn up for the implementation of this order . For the use of order-based results from concept, design and software development in other media it requires an express written agreement between Oversal Media and the client. The right of use is , however, only upon full payment on the total remuneration . \u00a6<\/p>\n
<\/div>\n\u00a6 This software product is supplied for the period of its economic life , but not sold. The license to use the Software Product includes the simple, non -exclusive, perpetual , non-transferable right to use the Software Product , including the associated user documentation. The customer is obliged , upon request , to provide Oversal Media on the extent of use of written information. All the designs , patterns and final drawings are subject to copyright laws . The drafts and final artwork may not be altered without the express consent of Oversal Media neither the original nor in the reproduction . Any imitation – in parts – is forbidden. Oversal Media has the right to be mentioned on the web site and in publications on the work as author . Suggestions of the client or its employees have no influence on the amount of remuneration and shall not establish joint copyright . Oversal Media is in the use of templates of the customers believe that they are not encumbered with the rights of third parties or the customer has the right of use required for the job . \u00a6<\/p>\n
<\/div>\n\u00a6 Oversal Media also takes rights of third parties ( foreign license material ) to complete, the customer only for the website – especially time – can be transferred restricted. The limited transfer may , inter alia, cause foreign license material no longer or significantly altered conditions, Oversal Media has no influence , is available. Oversal Media will endeavor , in this case its best efforts to use similar material . Oversal Media can charge the customer the cost of foreign material by presenting the license settlement of the licensor with a service charge of 15 % of the price . Any further disclosure of third party rights polluted parts of the site will not occur. The customer may use foreign license material only in connection with and as part of the site . If Oversal Media taken by the licensor to complete, as the foreign license material was not used accordingly , the customer for replacement of the resulting damage is responsible . The customer is obliged to inform Oversal Media about any unauthorized use of the licensed material that is known to him , and to take legal action against an infringer of intellectual property rights or to support Oversal Media here . If the customer is known violations of rights of use of the services of Oversal Media for example warnings third party , he will inform Oversal Media immediately. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 07) Copyright Notices and Reference Evidence \u2014\u00a6<\/p>\n
\u00a6 The customer grants Oversal Media the right to incorporate the logo of Oversal and an imprint in the websites of the customer and these together and the site of Oversal Media to link. The customer will assume all proprietary notices such as copyright notices and other legal reservations unchanged. This applies in particular to the attached in the program code instructions to the author. Oversal Media reserves the right to services rendered as designs and objects, even if they are based on customer templates to use for presentation purposes, in particular the customer’s website in a reference list for advertising purposes absorb and take the appropriate links. \u00a6<\/p>\n
<\/div>\n\u00a6 In case of any damage caused by faulty or damaged plugin, theme or any kind of third party software, Oversal Media is neither responsible nor liable for this type of damage or loss. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 08) The Customer’s Obligation to Backup \u2014\u00a6<\/p>\n
\u00a6 The customer is obliged to take appropriate precautions against data loss, since installation or re-installation of the software brings the risk of data loss with it. Oversal Media is neither responsible nor liable for any data loss. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 09) Prices and Payment \u2014\u00a6<\/p>\n
\u00a6 Shipping , installation, training , creating documentation and other benefits are not included in the price , unless otherwise agreed. Additional services that are not included in the price list they are to be paid for separately. \u00a6<\/p>\n
\u00a6 If the customer is in default with the payment , it must be expected to be charged interest at the rate of 8%. The default interest is payable without a reminder. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 10) Termination \u2014\u00a6<\/p>\n
\u00a6 With care and hosting contracts, the customer may terminate properly earlier than 12 months after contract conclusion. The agreement shall be extended by 12 months if it is not canceled in writing one month before end of contract. \u00a6<\/p>\n
\u00a6 The term of the contracts, to Oversal Media and services purchased by a third party is bound, apply equally to the other party of Oversal Media. The terms and notice periods of these agreements shall be notified in the contract on the part of Oversal Media. \u00a6<\/p>\n
\u00a6 The right to terminate for good cause remains unaffected. Especially against rights for infringement and if the customer is paying the compensation to more than one month in arrears, can be Oversal Media terminate for good cause. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 11) Releases \u2014\u00a6<\/p>\n
\u00a6 Unless the parties agree by electronic mail ( e-mail) , they acknowledge the unlimited validity of the exchanged shall be declarations of intent in accordance with the following provisions. \u00a6<\/p>\n
\u00a6 The email must contain the date of dispatch (date and time) and display the name of the sender end of the message name and e-mail address of the sender. \u00a6<\/p>\n
\u00a6 For unencrypted data on the Internet a confidentiality is not guaranteed. Each Contracting Party shall at the request of other concerted encryption system such as PGP on his page. \u00a6<\/p>\n
\u00a6 The liability of the e -mail and so the text form applies to any statement that brings the ordinary contract settlement with them. Excludes text form , however, is the case of termination , for measures to initiate or conduct of arbitration proceedings , and declarations that are required by a contractor expressly stated by this agreement in writing. \u00a6<\/p>\n
\u00a6 A obtained under the preceding provisions of e-mail is considered to arise as a subject of evidence by the other partner. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 12) Safety Regulations \u2014\u00a6<\/p>\n
\u00a6 The customer is responsible for compliance with local laws, regulations and safety regulations, especially with regard to approval, installation, operation, maintenance and repair of the goods delivered and obliged to fulfill them. The customer is obligated to indemnify Oversal Media from any claims arising from the failure to comply with such requirements by the customer. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 13) Jurisdiction and Applicable Law, Sever-ability \u2014\u00a6<\/p>\n
\u00a6 Jurisdiction is the place of establishment of Oversal Media, if the customer is an entrepreneur, businessman, legal entity under public law or public law special fund. However, Oversal Media shall be entitled at its discretion to assume the charge of the court of residence of the customer to complete. The parties agree to the application of British law to all legal relations arising from this contractual relationship. Also in cross-border traffic, British law applies excluding the UN sales law. If any provision of these Terms and Conditions be or become invalid, the other conditions remain in effect. The parties shall replace the void provision with a valid one which the will of the contracting parties economically next. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 14) Terms \u2014\u00a6<\/p>\n
\u00a6 These Terms (as amended by us from time to time) apply to and shall be incorporated into the Contract (and thereby the Cost Agreement). The Cost Agreement constitutes an invitation by us to provide the Services specified in it on these Terms to you. When you sign and return the Cost Agreement to us this constitutes an offer by you to purchase the Services on the basis of the Cost Agreement and these Terms. When we contact you to accept your offer, or begin work on the Services this shall establish the Contract between us. \u00a6<\/p>\n
<\/div>\n\u00a6 The Cost Agreement represents our reasonable efforts to predict the course of the services to meet your needs based on the information you have provided to us. Whilst we aim to make the Cost Agreement as accurate as possible (and in the most we achieve this), if the progress and duration of the Services is longer or shorter than we anticipated e.g. as a result of you requesting an additional service or the information from you not being accurate, then the final charges may be revised upwards or downwards and we reserve the right to amend our Fees accordingly. Our commitment is to inform you of any variations to the plan (and the reasons for them) as they occur such that any changes to our Fees, or the overall Costs do not come as a surprise. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 15) Calculations \u2014\u00a6<\/p>\n
\u00a6 Any additional Fees and\/or Costs will be calculated in accordance with clause 3. These Fees will be recorded during the Services and billed to you at your next billing stage or at the end of the Services. We will try to advise you of these additional Fees when we become aware of them and, where possible, before we actually incur them. We do not charge for our first meeting with you where you are a new client, however if you choose to work with us we reserve the right to charge you additional Fees for any subsequent meetings, travel and planning time (including for any meetings once the Project is completed and we are maintaining your website). \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 16) Fees \u2014\u00a6<\/p>\n
\u00a6 We bill on an hourly basis for the following types of work: website design, website development \/ database programming, consultancy, content management and project management. Graphic design and some other services may, at our discretion, be billed at an hourly rate. Our Cost Agreement is based on this Fee structure and any additional Services provided to you will be similarly calculated. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 17) Discretion \u2014\u00a6<\/p>\n
\u00a6 In certain cases (at our sole discretion) we use third parties to provide services to you; Our Fees are exclusive of third party fees and third parties may quote for services at different rates. Where we need to instruct a third party to carry out work for you and there will be an additional cost to you we will obtain fee estimates from them and agree these fees separately with you, prior to instructing the third party to commence work. Where we use a third party at no additional cost to you we will not discuss this with you and we shall be permitted to use third parties to provide services as we see fit. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 18) Invoice \u2014\u00a6<\/p>\n
\u00a6 Prior to providing our services we will invoice 50%-60% of the total estimated amount in advance for which we require payment by return. The remaining fee shall be payable at completion of services. Any additional payment exceeding the time frame agreement will be charged at completion of the service provided. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 19) Cost \u2014\u00a6<\/p>\n
\u00a6 Where the Cost Agreement is for ongoing maintenance, we will invoice monthly, quarterly, or annually as agreed in writing with you. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 20) Hosting \u2014\u00a6<\/p>\n
\u00a6 Fees for hosting or website maintenance are billed in advance, usually quarterly. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 21) Payment \u2014\u00a6<\/p>\n
\u00a6 You shall pay each invoice submitted to you by us in full, and in cleared funds, within 30 days of receipt. Without prejudice to any other right or remedy that we may have, if you fail to pay us on the due date we may: \u00a6<\/p>\n
\u00a6 (a) charge interest on such sum from the due date for payment at the annual rate of [4]% above the base lending rate from time to time of Barclays bank plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment. The Supplier may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and \u00a6<\/p>\n
<\/div>\n\u00a6 (b) suspend all Services until payment has been made in full. Time for payment shall be of the essence in the Contract. \u00a6<\/p>\n
<\/div>\n\u00a6 Fees and Costs are estimated on the assumption that material for publication (text and images) is supplied to us in digital (computer file) form. If we are required to convert material from hard copy, via scanning or typing, extra Fees will apply at the standard hourly rate. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 22) Material Formats \u2014\u00a6<\/p>\n
\u00a6 We accept digital material in the following formats: Microsoft Word or other common text formats, copy by e-mail, HTML, JPEG, TIFF, GIF, PNG, Adobe PDF, Adobe Photoshop, Adobe Illustrator, Microsoft Excel. \u00a6<\/p>\n
<\/div>\n\u00a6 All text should be supplied to us with a minimum of formatting, other than line and paragraph breaks. Please avoid the use of boldface, italics or other formatting styles, and tables or other layout tools, as these will be added by us during the design process. \u00a6<\/p>\n
<\/div>\n\u00a6 Text supplied to us should be final version. We reserve the right to charge for extra time spent amending text following transfer to your website. You are responsible for proofing any text provided by you and we shall not be responsible for any mistakes or omissions once you have given final approval of any wording. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 23) Cancellation \u2014\u00a6<\/p>\n
\u00a6 When instructed by you, we assign Staff to carry out the Services. As a result, we plan the use of our Staff and resources months in advance and turn down work for which we do not have adequate resources. Cancellation by you therefore causes us loss and so we reserve the right to charge you as follows: \u00a6<\/p>\n
<\/div>\n\u00a6 100% charge for all work actually done and Costs incurred at the date of cancellation; and\/or \u00a6<\/p>\n
<\/div>\n\u00a6 50% charge for any Fees budgeted and cancelled by you with less than 1 month notice; \u00a6<\/p>\n
<\/div>\n\u00a6 In the case of ongoing hosting or maintenance contracts, we require 30 days notice for cancellation unless stated otherwise in the Cost Agreement. \u00a6<\/p>\n
<\/div>\n\u00a6 Postponement of work by you will be treated as a cancellation (as we will have already made allowances to keep dates free) and will mean we have the right to charge 100% of the price. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 24) Modifications \u2014\u00a6<\/p>\n
\u00a6 We are happy to discuss changes and modifications of your instructions to us at any time, but you accept that such changes or modifications may result in our need to vary our Fees and Costs which have been included in the Cost Agreement. We will always try and confirm such changes in writing. \u00a6<\/p>\n
<\/div>\n\u00a6 Substantial changes may require completion of the Services to be significantly delayed because of our need to reallocate resources. In this situation we reserve the right to cancel the Services and recover our Fees and Costs. We will discuss rescheduling the new Services with you for which we will issue you with a new Cost Agreement. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 25) Termination \u2014\u00a6<\/p>\n
\u00a6 Oversal Media reserve the right to terminate the contract by giving written notice if the client commit any material breach of agreement. In the case of a firm or an individual becoming bankrupt. All payments payable to us under the contract shall become due immediately on termination of the contract, despite any other provision. This condition is without prejudice to any right to claim for interest under statute, or any such right under the contract. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 26) Liability \u2014\u00a6<\/p>\n
\u00a6 We shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for (1) loss of profits; or (2) loss of business; or (3) depletion of goodwill or similar losses; or(4) loss of anticipated savings; or (5) loss of goods; or(6) loss of contract; or (7) loss of use; or (8) loss or corruption of data or information; or (9) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. \u00a6<\/p>\n
<\/div>\n\u00a6 We shall not be liable to you or be deemed to be in breach of our obligations to you by reason of any delay in performing, or any failure to perform, any of our obligations in completing the Services, if the delay or failure was due to any cause beyond our reasonable control. From time to time we use third party suppliers to assist with the Services. In addition we resell services including (but not limited to) server space, domain names and email addresses from third party suppliers. As is the nature with services of this type they do, from time to time, temporarily stop working or other problems may occur. We do not accept any responsibility for the failure or otherwise of any services provided by a third party. \u00a6<\/p>\n
<\/div>\n\u00a6 we shall remain the sole legal and beneficial owners of our content management system at all times. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 27) Contracts \u2014\u00a6<\/p>\n
\u00a6 Any variation of the Contract shall be in writing and signed by or on behalf of both the parties. Any notice required or permitted to be given by either of us to the other under these Terms should be in writing addressed to the other party at its registered office or principle place of business or such other address as at the relevant time has been notified pursuant to this provision to the party giving their notice and delivered by recorded delivery post or sent via email only (to such email address as each party nominates). \u00a6<\/p>\n
<\/div>\n\u00a6 The Contract and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims). \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 28) Intellectual Property \u2014\u00a6<\/p>\n
\u00a6 All source code and graphics remains the intellectual property of Oversal Media and is not supplied to the client. \u00a6<\/p>\n
<\/div>\n\u00a6 Clients may use the published site for as long as they require with no additional costs (except for web hosting fees and maintenance). \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 29) Credits \u2014\u00a6<\/p>\n
\u00a6 All work includes credits (for example Website designed by Oversal Web Design) which links back to www.oversalwebdesign.com. \u00a6<\/p>\n
<\/div>\n\u00a6 This agreement shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts in respect of the interpretation of, and any disputes relating to, this agreement or any of its provisions. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 30) Updates and Upgrades \u2014\u00a6<\/p>\n
\u00a6 All work commissioned must be paid for in full prior to going live. Non-payment of commissioned work may result in account suspension until all outstanding fees have been paid in full. \u00a6<\/p>\n
<\/div>\n\u00a6 Annual hosting (and any upgrades) is payable direct to Oversal Media subject to their terms and conditions. \u00a6<\/p>\n
\u00a6 Non-payment of annual hosting fee may result in account suspension. \u00a6<\/p>\n
<\/div>\n\u00a6 All agreements between you (the ‘Customer’) and us (‘Oversal Media’) are subject to these Terms and Conditions. \u00a6<\/p>\n
<\/div>\n\u00a6 All fees are due in advance of the services provided. Any fees are invoiced annually at the beginning of each calendar year, cover the services for the duration of such calendar year and are non-refundable. Failure to pay in advance may result in termination or suspension of services without notice. \u00a6<\/p>\n
<\/div>\n\u00a6 Website hosting fee shall be negotiated (inclusive of the admin system hosting fee if applicable). \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 31) Access \u2014\u00a6<\/p>\n
\u00a6 The Customer agrees that they shall not have direct access to the servers (via FTP or Control panel) run, administered or used by Oversal Media. The Customer may access their website through a unique login setup by Oversal Media. \u00a6<\/p>\n
<\/div>\n\u00a6 The Customer shall not have any rights whatsoever to any source codes, server codes, admin panel codes or applications hosted on our server. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 32) Responsibility \u2014\u00a6<\/p>\n
\u00a6 The use of any data or material, which the customer receives from the service provided by Oversal Media, is at the customer’s sole and absolute risk. Oversal Media specifically disclaim and deny any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 33) Liability and Rights \u2014\u00a6<\/p>\n
\u00a6 The Customer agrees to indemnify and hold harmless from any and all liabilities, losses, costs and claims, against Oversal Media that may arise or result from any services provided, performed or agreed to be performed or any product sold by the Customer. In particular,the Customer agrees to indemnify and hold Oversal Media harmless from any claim or demand made by anyone due to any content, material the Customer or any of the Customer’s employees, affiliates or volunteers upload to the server via the Admin system or any violation of any law or of these Terms and Conditions. \u00a6<\/p>\n
<\/div>\n\u00a6 The Customer may only use Oversal Media services for lawful purposes. \u00a6<\/p>\n
<\/div>\n\u00a6 The following uses shall be cause for the immediate termination of services and contract with the customer without notice and without liability for actual,compensatory or consequential damages to the customer for the interruption in service: \u00a6<\/p>\n
\u00a6 (a) violation of intellectual property rights,violation of applicable law; (b) unsolicited advertising via email and\/or ‘spamming’,mailbombing, trolling; (c) tortuous conduct (such as posting of defamatory materials); (d) violating or attempting to violate the security of the Oversal Media and systems; (e) posting of illegal adult content. \u00a6<\/p>\n
<\/div>\n\u00a6 Oversal Media will utilize its best efforts to maintain acceptable performance of services, but Oversal Media makes no warranties of any kind, expressed or implied for services we provide. Oversal Media disclaims any warranty or merchantability or fitness for a particular purpose. \u00a6<\/p>\n
<\/div>\n\u00a6 Oversal Media cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Oversal Media will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Oversal Media shall not be liable to the customer or any of its customers for any claims or damages which may be suffered by the customer or its customers, including, but not limited to, losses or damages of any and every nature,resulting from the loss of data,inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non\u00ad deliveries, or service interruptions. Notwithstanding the above, the customer’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate amount which the Customer paid to Oversal Media during the term of agreement with the latter. \u00a6<\/p>\n
<\/div>\n\u00a6 Oversal Media reserves the right to revise its terms and conditions and its policies at any time. \u00a6<\/p>\n
<\/div>\n\u00a6 All agreements and non-contractual obligations arising out of or in connection with the agreements are governed by English law with English courts having exclusive jurisdiction over any disputes. Although every precaution is taken to ensure a reliable hosting service it is impossible to guarantee 100% up time. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 DIGITAL DOWNLOADS \u2014\u00a6<\/h1>\n
\u00a6\u2014 01) Broadly \u2014\u00a6<\/p>\n
\u00a6 Any kind of agreement or deviations will be invalid unless confirmed in writing by Oversal Media. Any conditions of the customer are only binding if it has been made in writing and accepted it in writing by Oversal Media. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 02) Agreement \u2014\u00a6<\/p>\n
\u00a6 Each time you purchase Digital Products through this site you will be required to click the “I Agree” button to complete the order. By clicking the “I Agree” button and\/or by using this site to purchase Digital Products you are accepting these terms and conditions of sale and if relevant any product specific terms. Any terms which you seek to impose in respect of your purchase of Digital Products through this site will not form part of any contract between us. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 03) Replacement \u2014\u00a6<\/p>\n
\u00a6 From time to time, product specific terms may apply in addition to or replace these terms in respect of certain Digital Products available on the site. For example, additional terms such as territorial restrictions may apply to album launches. These product specific terms will be clearly indicated and featured on the site in the order process for the relevant Digital Product. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 04) Legality \u2014\u00a6<\/p>\n
\u00a6 By placing an order for Digital Products through our site, you warrant that: \u00a6<\/p>\n
<\/div>\n\u00a6 You are legally capable of entering into binding contracts; \u00a6<\/p>\n
<\/div>\n\u00a6 You are at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and\/or guardian who has explained these terms of sale to you so that you fully understand them; \u00a6<\/p>\n
<\/div>\n\u00a6 You are purchasing Digital Products for private, non-commercial use only and that you will not copy, distribute or share the Digital Products other than as allowed under these terms of sale. \u00a6<\/p>\n
<\/div>\n\u00a6 By placing an order for Digital Products you agree that we may store, process and use personal data collected from you for the purposes of processing\/fulfilling your order. We work with third parties that help us provide the Digital Products to you including card payment and collection companies and they will also have access to your personal data to the extent necessary to help us process\/fulfill your order. For further information about how we may store, process and use your personal data please refer to our Privacy Policy. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 05) Intellectual Property \u2014\u00a6<\/p>\n
\u00a6 All Digital Products available through this site are owned or controlled by us and are protected by intellectual property rights. \u00a6<\/p>\n
<\/div>\n\u00a6 Any streaming or use of Digital Products purchased through this site are for your own personal, non-commercial use only. Upon payment of the price of the Digital Product we grant you a non exclusive, non-transferable license to use the Digital Product for your own personal, non-commercial use in accordance with these terms of sale. \u00a6<\/p>\n
<\/div>\n\u00a6 You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Products available through this site (whether the same are available as streams and\/or permanent downloads). Nothing in these terms of sale grants to you any rights other than those expressly set out herein. These terms do not grant to you any rights in relation to the synchronization, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Product. \u00a6<\/p>\n
<\/div>\n\u00a6 We will be entitled to obtain injunction relief against you, in addition to all other remedies that we may have, to enforce these terms of sale and to prevent your unauthorized use of this site. \u00a6<\/p>\n
<\/div>\n\u00a6 Permanent downloads of Digital Products are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. This is solely for your own personal, non-commercial use and you must adhere to any and all usage restrictions that apply to the Digital Product. \u00a6<\/p>\n
<\/div>\n\u00a6 You are responsible for ensuring that you do not lose, destroy, or damage any Digital Product you purchase through this site. We shall not be obliged to replace any Digital Product in the event of any loss, destruction, or damage not caused by our negligence. \u00a6<\/p>\n
<\/div>\n\u00a6 We reserve the right to introduce and\/or change usage rules limiting the number of times any permanent download of a Digital Product may be burned to disc or transferred to any other media including to portable players. We may do this in relation to any and\/or all of the Digital Products available as permanent downloads from time to time via this site. \u00a6<\/p>\n
<\/div>\n\u00a6 In any event if you burn any permanent download of a Digital Product to disc or transfer it to a portable device you agree not to further copy, distribute or transfer the permanent download from that disc or portable device. \u00a6<\/p>\n
<\/div>\n\u00a6 Watermarking To prevent unauthorized use, Digital Products may carry a digital watermark that allows us to identify the origin of the Digital Product and track any subsequent unauthorized transfer. You agree to not attempt to remove the watermark or circumvent the security technology in any way. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 Streaming \u2014\u00a6<\/p>\n
\u00a6 We grant to you a non-exclusive, non-transferable right to access streams of Digital Products made available by us on this site solely for your personal, non-commercial use. Such use shall be subject always to these terms of sale. \u00a6<\/p>\n
<\/div>\n\u00a6 You may not in relation to any Digital Products available as streams through this site: store, copy, “rip”, reproduce, transfer or burn to disc or attempt or employ any technology with a view to attempting to do the same;circumvent, attempt to circumvent or employ any technology with a view to attempting to circumvent any technology used by us to protect Digital Products available as streams through this site. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 06) Availability \u2014\u00a6<\/p>\n
\u00a6 All Digital Products featured on our site are subject to availability. We reserve the right to change or remove a Digital Product or other content on the site at any time without notice or liability to you. For example we may have obtained rights from third parties to make the Digital Product available and, in the event we lose these rights, we may need to remove the Digital Product from the site and make it unavailable for purchase. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 07) Time Frame \u2014\u00a6<\/p>\n
\u00a6 We will endeavor to make it clear where Digital Products offered are available for a limited time or in limited numbers. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 08) Updates \u2014\u00a6<\/p>\n
\u00a6 We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular Digital Product will be available at a particular time. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 09) Payment \u2014\u00a6<\/p>\n
\u00a6 Payment for all Digital Products must be by credit or debit card, Paypal. We accept the credit and debit cards displayed on the payment page of our site from time to time. \u00a6<\/p>\n
<\/div>\n\u00a6 By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the Digital Products and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer. \u00a6<\/p>\n
<\/div>\n\u00a6 All credit\/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit\/debit card payment in accordance with your order. Should there be a problem with your payment we will contact you to discuss the next steps. \u00a6<\/p>\n
<\/div>\n\u00a6 You may not cancel an order made by you for any permanent download of a Digital Product once it has been made available for download by you and each purchase of a permanent download shall be deemed a final, non-exchangeable, non-refundable sale. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 10) Cancellation \u2014\u00a6<\/p>\n
\u00a6 If you are in breach of, or we suspect you are in breach of, these Digital Product Terms of Sale (including if you use any Digital Product or the site for business purposes or you breach usage rules) then we may cancel your account. \u00a6<\/p>\n
<\/div>\n\u00a6 You agree you will have no claim against us, in respect of any decision to remove Digital Product from this site or any decision to suspend or terminate your access to this site or to Digital Products (including by way of purchase) through the site. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 11) Warranties agreement \u2014\u00a6<\/p>\n
\u00a6 We do not make any other promises or warranties about the Digital Products. You agree that use of this site to access or purchase Digital Products is at your sole risk. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 12) Breach \u2014\u00a6<\/p>\n
\u00a6 If you are in breach of the contract for the Digital Product, neither of us will be responsible for any losses that the other suffers as a result. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 13) Limitations \u2014\u00a6<\/p>\n
\u00a6 Our liability for losses you suffer as a result of us breaking a contract for a Digital Product(s) is strictly limited to the purchase price of the relevant Digital Product(s) affected. \u00a6<\/p>\n
<\/div>\n\u00a6 We are not responsible for any losses. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 14) Communication \u2014\u00a6<\/p>\n
\u00a6 All communications we receive should be in writing using email only and other communication will be void and will not be legally binding. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 15) Responsibility \u2014\u00a6<\/p>\n
\u00a6 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract for a Digital Product that is caused by events outside our reasonable control. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 16) Right to Amend \u2014\u00a6<\/p>\n
\u00a6 We have the right to revise and amend these terms and conditions of sale from time to time including to reflect changes affecting our business, changes in technology, changes in licensing arrangements, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site’s capabilities. \u00a6<\/p>\n
<\/div>\n\u00a6\u2014 17) Governing Law \u2014\u00a6<\/p>\n
\u00a6 Contracts for the purchase of Digital Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. \u00a6<\/p>\n
<\/div>\n<\/div>\n<\/div>\n\nOversal Media Limited<\/p>\n<\/div>\n
\n{ OUR ASPIRATION }<\/h2>\nWe are aiming to continuously improve our services, so if you have any valuable suggestions please don’t hesitate to contact us!<\/h4>\n<\/div>\n\u00bb Need more help? \u00bb <\/i> Contact us!<\/a>
\u00a6\u2014 We take your privacy and security extremely seriously. \u2014\u00a6<\/p>\n
\u00a6 Your personal information will never be shared. Oversal Media will always help by tracking any attempt to miss use your data to give you more control and real piece of mind. \u00a6<\/p>\n
\u00a6\u2014 GENERAL \u2014\u00a6<\/h1>\n
\u00a6\u2014 01) Broadly \u2014\u00a6<\/p>\n
\u00a6 Any kind of agreement or deviations will be invalid unless confirmed in writing by Oversal Media. Any conditions of the customer are only binding if it has been made in writing and accepted it in writing by Oversal Media. \u00a6<\/p>\n
\u00a6\u2014 02) Areas \u2014\u00a6<\/p>\n
\u00a6 These terms and conditions apply to all deliveries and services of Oversal Media. \u00a6<\/p>\n
\u00a6\u2014 03) Outlook \u2014\u00a6<\/p>\n
\u00a6 Oversal Media offers the following services: \u00a6<\/p>\n
\u00a6 Customization and maintenance of websites, e-shops, art sale, graphic design services, general design services, photography services and sale, illustration services, 3d services, music production and sale, games production and sale. \u00a6<\/p>\n
\u00a6 Oversal Media provides its services according to the needs and specifications of the customer. Installation, instruction , preparation of documentation and training belong only to the performance obligations of Oversal Media, if this is agreed . Change and enhancement requests should only be considered if they are necessary for technical reasons, to achieve the purpose of the contract with Oversal Media. \u00a6<\/p>\n
\u00a6 In a significant change of the contractual obligations of Oversal Media for the purpose of adapting to the needs of the customer, Oversal Media can provide the customer with the required overhead into account. This also applies to an extensive examination of whether and under what conditions the change or extension is feasible, provided that Oversal Media has indicated it in writing. Oversal Media entitled to make partial deliveries. \u00a6<\/p>\n
\u00a6\u2014 04) Restrictions and Deadlines \u2014\u00a6<\/p>\n
\u00a6 Oversal Media Limited is not liable for any delays caused by labor disputes, or any other unavoidable circumstance or problems with third-party products (for example software other computer manufacturers). \u00a6<\/p>\n
\u00a6 In case of delays caused by changes in the requirements of the customer, lack of disclosure to defined intermediate steps (for example wireframes , layouts , concepts) inadequate conditions in the application environment ( hardware or software deficiencies ), as they were not known and should have been known by Oversal Media, the delivery or performance date shall be extended accordingly as well as additional charge will apply depending on the circumstances and demands of the project. \u00a6<\/p>\n
\u00a6\u2014 05) Duty to Cooperate \u2014\u00a6<\/p>\n
\u00a6 The customer will provide all the necessary data , especially all content data to build websites on time and in digital form under review the orthographic accuracy available. \u00a6<\/p>\n
\u00a6 As far as Oversal Media provides to customers a design indicating a reasonable time limit for scrutiny for accuracy and completeness , the design will be deemed accepted by the deadline, as far as Oversal Media receives no correction request. The customer is responsible for adequate resources and information as part of its duty to cooperate. He will ensure the availability of the required number of competent staff from technical and IT technical point of view and for sufficient computer capacity such as memory, processor power and line capacity. If Oversal Media deems it necessary, the customer,\u00a0 a test environment (hardware with latest software version, especially the later use conditions appropriate operating system and the corresponding server software ) are available. As well as errors or impairment of the function of the performance of Oversal Media such as a website occur, the customer will inform Oversal Media immediately stating the time and error specification and the name and telecommunications data ( phone, e- mail) of the reporting and responsible employee thereof . Basically, Oversal Media will start the necessary work after 5 business days , unless the circumstances or contractual agreements require an earlier action. The customer is responsible for the smooth operation of the devices for remote maintenance and care, in particular stable data lines and interfaces. \u00a6<\/p>\n
\u00a6\u2014 06) Licenses \u2014\u00a6<\/p>\n
\u00a6 Each of Oversal Media issued order is a copyright contract, which is directed to the granting of rights to use the Services. Oversal Media grants the customer a an exclusive , limited in content to the medium Internet right to use the concept and the converted HTML documents drawn up for the implementation of this order . For the use of order-based results from concept, design and software development in other media it requires an express written agreement between Oversal Media and the client. The right of use is , however, only upon full payment on the total remuneration . \u00a6<\/p>\n
\u00a6 This software product is supplied for the period of its economic life , but not sold. The license to use the Software Product includes the simple, non -exclusive, perpetual , non-transferable right to use the Software Product , including the associated user documentation. The customer is obliged , upon request , to provide Oversal Media on the extent of use of written information. All the designs , patterns and final drawings are subject to copyright laws . The drafts and final artwork may not be altered without the express consent of Oversal Media neither the original nor in the reproduction . Any imitation – in parts – is forbidden. Oversal Media has the right to be mentioned on the web site and in publications on the work as author . Suggestions of the client or its employees have no influence on the amount of remuneration and shall not establish joint copyright . Oversal Media is in the use of templates of the customers believe that they are not encumbered with the rights of third parties or the customer has the right of use required for the job . \u00a6<\/p>\n
\u00a6 Oversal Media also takes rights of third parties ( foreign license material ) to complete, the customer only for the website – especially time – can be transferred restricted. The limited transfer may , inter alia, cause foreign license material no longer or significantly altered conditions, Oversal Media has no influence , is available. Oversal Media will endeavor , in this case its best efforts to use similar material . Oversal Media can charge the customer the cost of foreign material by presenting the license settlement of the licensor with a service charge of 15 % of the price . Any further disclosure of third party rights polluted parts of the site will not occur. The customer may use foreign license material only in connection with and as part of the site . If Oversal Media taken by the licensor to complete, as the foreign license material was not used accordingly , the customer for replacement of the resulting damage is responsible . The customer is obliged to inform Oversal Media about any unauthorized use of the licensed material that is known to him , and to take legal action against an infringer of intellectual property rights or to support Oversal Media here . If the customer is known violations of rights of use of the services of Oversal Media for example warnings third party , he will inform Oversal Media immediately. \u00a6<\/p>\n
\u00a6\u2014 07) Copyright Notices and Reference Evidence \u2014\u00a6<\/p>\n
\u00a6 The customer grants Oversal Media the right to incorporate the logo of Oversal and an imprint in the websites of the customer and these together and the site of Oversal Media to link. The customer will assume all proprietary notices such as copyright notices and other legal reservations unchanged. This applies in particular to the attached in the program code instructions to the author. Oversal Media reserves the right to services rendered as designs and objects, even if they are based on customer templates to use for presentation purposes, in particular the customer’s website in a reference list for advertising purposes absorb and take the appropriate links. \u00a6<\/p>\n
\u00a6 In case of any damage caused by faulty or damaged plugin, theme or any kind of third party software, Oversal Media is neither responsible nor liable for this type of damage or loss. \u00a6<\/p>\n
\u00a6\u2014 08) The Customer’s Obligation to Backup \u2014\u00a6<\/p>\n
\u00a6 The customer is obliged to take appropriate precautions against data loss, since installation or re-installation of the software brings the risk of data loss with it. Oversal Media is neither responsible nor liable for any data loss. \u00a6<\/p>\n
\u00a6\u2014 09) Prices and Payment \u2014\u00a6<\/p>\n
\u00a6 Shipping , installation, training , creating documentation and other benefits are not included in the price , unless otherwise agreed. Additional services that are not included in the price list they are to be paid for separately. \u00a6<\/p>\n
\u00a6 If the customer is in default with the payment , it must be expected to be charged interest at the rate of 8%. The default interest is payable without a reminder. \u00a6<\/p>\n
\u00a6\u2014 10) Termination \u2014\u00a6<\/p>\n
\u00a6 With care and hosting contracts, the customer may terminate properly earlier than 12 months after contract conclusion. The agreement shall be extended by 12 months if it is not canceled in writing one month before end of contract. \u00a6<\/p>\n
\u00a6 The term of the contracts, to Oversal Media and services purchased by a third party is bound, apply equally to the other party of Oversal Media. The terms and notice periods of these agreements shall be notified in the contract on the part of Oversal Media. \u00a6<\/p>\n
\u00a6 The right to terminate for good cause remains unaffected. Especially against rights for infringement and if the customer is paying the compensation to more than one month in arrears, can be Oversal Media terminate for good cause. \u00a6<\/p>\n
\u00a6\u2014 11) Releases \u2014\u00a6<\/p>\n
\u00a6 Unless the parties agree by electronic mail ( e-mail) , they acknowledge the unlimited validity of the exchanged shall be declarations of intent in accordance with the following provisions. \u00a6<\/p>\n
\u00a6 The email must contain the date of dispatch (date and time) and display the name of the sender end of the message name and e-mail address of the sender. \u00a6<\/p>\n
\u00a6 For unencrypted data on the Internet a confidentiality is not guaranteed. Each Contracting Party shall at the request of other concerted encryption system such as PGP on his page. \u00a6<\/p>\n
\u00a6 The liability of the e -mail and so the text form applies to any statement that brings the ordinary contract settlement with them. Excludes text form , however, is the case of termination , for measures to initiate or conduct of arbitration proceedings , and declarations that are required by a contractor expressly stated by this agreement in writing. \u00a6<\/p>\n
\u00a6 A obtained under the preceding provisions of e-mail is considered to arise as a subject of evidence by the other partner. \u00a6<\/p>\n
\u00a6\u2014 12) Safety Regulations \u2014\u00a6<\/p>\n
\u00a6 The customer is responsible for compliance with local laws, regulations and safety regulations, especially with regard to approval, installation, operation, maintenance and repair of the goods delivered and obliged to fulfill them. The customer is obligated to indemnify Oversal Media from any claims arising from the failure to comply with such requirements by the customer. \u00a6<\/p>\n
\u00a6\u2014 13) Jurisdiction and Applicable Law, Sever-ability \u2014\u00a6<\/p>\n
\u00a6 Jurisdiction is the place of establishment of Oversal Media, if the customer is an entrepreneur, businessman, legal entity under public law or public law special fund. However, Oversal Media shall be entitled at its discretion to assume the charge of the court of residence of the customer to complete. The parties agree to the application of British law to all legal relations arising from this contractual relationship. Also in cross-border traffic, British law applies excluding the UN sales law. If any provision of these Terms and Conditions be or become invalid, the other conditions remain in effect. The parties shall replace the void provision with a valid one which the will of the contracting parties economically next. \u00a6<\/p>\n
\u00a6\u2014 14) Terms \u2014\u00a6<\/p>\n
\u00a6 These Terms (as amended by us from time to time) apply to and shall be incorporated into the Contract (and thereby the Cost Agreement). The Cost Agreement constitutes an invitation by us to provide the Services specified in it on these Terms to you. When you sign and return the Cost Agreement to us this constitutes an offer by you to purchase the Services on the basis of the Cost Agreement and these Terms. When we contact you to accept your offer, or begin work on the Services this shall establish the Contract between us. \u00a6<\/p>\n
\u00a6 The Cost Agreement represents our reasonable efforts to predict the course of the services to meet your needs based on the information you have provided to us. Whilst we aim to make the Cost Agreement as accurate as possible (and in the most we achieve this), if the progress and duration of the Services is longer or shorter than we anticipated e.g. as a result of you requesting an additional service or the information from you not being accurate, then the final charges may be revised upwards or downwards and we reserve the right to amend our Fees accordingly. Our commitment is to inform you of any variations to the plan (and the reasons for them) as they occur such that any changes to our Fees, or the overall Costs do not come as a surprise. \u00a6<\/p>\n
\u00a6\u2014 15) Calculations \u2014\u00a6<\/p>\n
\u00a6 Any additional Fees and\/or Costs will be calculated in accordance with clause 3. These Fees will be recorded during the Services and billed to you at your next billing stage or at the end of the Services. We will try to advise you of these additional Fees when we become aware of them and, where possible, before we actually incur them. We do not charge for our first meeting with you where you are a new client, however if you choose to work with us we reserve the right to charge you additional Fees for any subsequent meetings, travel and planning time (including for any meetings once the Project is completed and we are maintaining your website). \u00a6<\/p>\n
\u00a6\u2014 16) Fees \u2014\u00a6<\/p>\n
\u00a6 We bill on an hourly basis for the following types of work: website design, website development \/ database programming, consultancy, content management and project management. Graphic design and some other services may, at our discretion, be billed at an hourly rate. Our Cost Agreement is based on this Fee structure and any additional Services provided to you will be similarly calculated. \u00a6<\/p>\n
\u00a6\u2014 17) Discretion \u2014\u00a6<\/p>\n
\u00a6 In certain cases (at our sole discretion) we use third parties to provide services to you; Our Fees are exclusive of third party fees and third parties may quote for services at different rates. Where we need to instruct a third party to carry out work for you and there will be an additional cost to you we will obtain fee estimates from them and agree these fees separately with you, prior to instructing the third party to commence work. Where we use a third party at no additional cost to you we will not discuss this with you and we shall be permitted to use third parties to provide services as we see fit. \u00a6<\/p>\n
\u00a6\u2014 18) Invoice \u2014\u00a6<\/p>\n
\u00a6 Prior to providing our services we will invoice 50%-60% of the total estimated amount in advance for which we require payment by return. The remaining fee shall be payable at completion of services. Any additional payment exceeding the time frame agreement will be charged at completion of the service provided. \u00a6<\/p>\n
\u00a6\u2014 19) Cost \u2014\u00a6<\/p>\n
\u00a6 Where the Cost Agreement is for ongoing maintenance, we will invoice monthly, quarterly, or annually as agreed in writing with you. \u00a6<\/p>\n
\u00a6\u2014 20) Hosting \u2014\u00a6<\/p>\n
\u00a6 Fees for hosting or website maintenance are billed in advance, usually quarterly. \u00a6<\/p>\n
\u00a6\u2014 21) Payment \u2014\u00a6<\/p>\n
\u00a6 You shall pay each invoice submitted to you by us in full, and in cleared funds, within 30 days of receipt. Without prejudice to any other right or remedy that we may have, if you fail to pay us on the due date we may: \u00a6<\/p>\n
\u00a6 (a) charge interest on such sum from the due date for payment at the annual rate of [4]% above the base lending rate from time to time of Barclays bank plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment. The Supplier may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and \u00a6<\/p>\n
\u00a6 (b) suspend all Services until payment has been made in full. Time for payment shall be of the essence in the Contract. \u00a6<\/p>\n
\u00a6 Fees and Costs are estimated on the assumption that material for publication (text and images) is supplied to us in digital (computer file) form. If we are required to convert material from hard copy, via scanning or typing, extra Fees will apply at the standard hourly rate. \u00a6<\/p>\n
\u00a6\u2014 22) Material Formats \u2014\u00a6<\/p>\n
\u00a6 We accept digital material in the following formats: Microsoft Word or other common text formats, copy by e-mail, HTML, JPEG, TIFF, GIF, PNG, Adobe PDF, Adobe Photoshop, Adobe Illustrator, Microsoft Excel. \u00a6<\/p>\n
\u00a6 All text should be supplied to us with a minimum of formatting, other than line and paragraph breaks. Please avoid the use of boldface, italics or other formatting styles, and tables or other layout tools, as these will be added by us during the design process. \u00a6<\/p>\n
\u00a6 Text supplied to us should be final version. We reserve the right to charge for extra time spent amending text following transfer to your website. You are responsible for proofing any text provided by you and we shall not be responsible for any mistakes or omissions once you have given final approval of any wording. \u00a6<\/p>\n
\u00a6\u2014 23) Cancellation \u2014\u00a6<\/p>\n
\u00a6 When instructed by you, we assign Staff to carry out the Services. As a result, we plan the use of our Staff and resources months in advance and turn down work for which we do not have adequate resources. Cancellation by you therefore causes us loss and so we reserve the right to charge you as follows: \u00a6<\/p>\n
\u00a6 100% charge for all work actually done and Costs incurred at the date of cancellation; and\/or \u00a6<\/p>\n
\u00a6 50% charge for any Fees budgeted and cancelled by you with less than 1 month notice; \u00a6<\/p>\n
\u00a6 In the case of ongoing hosting or maintenance contracts, we require 30 days notice for cancellation unless stated otherwise in the Cost Agreement. \u00a6<\/p>\n
\u00a6 Postponement of work by you will be treated as a cancellation (as we will have already made allowances to keep dates free) and will mean we have the right to charge 100% of the price. \u00a6<\/p>\n
\u00a6\u2014 24) Modifications \u2014\u00a6<\/p>\n
\u00a6 We are happy to discuss changes and modifications of your instructions to us at any time, but you accept that such changes or modifications may result in our need to vary our Fees and Costs which have been included in the Cost Agreement. We will always try and confirm such changes in writing. \u00a6<\/p>\n
\u00a6 Substantial changes may require completion of the Services to be significantly delayed because of our need to reallocate resources. In this situation we reserve the right to cancel the Services and recover our Fees and Costs. We will discuss rescheduling the new Services with you for which we will issue you with a new Cost Agreement. \u00a6<\/p>\n
\u00a6\u2014 25) Termination \u2014\u00a6<\/p>\n
\u00a6 Oversal Media reserve the right to terminate the contract by giving written notice if the client commit any material breach of agreement. In the case of a firm or an individual becoming bankrupt. All payments payable to us under the contract shall become due immediately on termination of the contract, despite any other provision. This condition is without prejudice to any right to claim for interest under statute, or any such right under the contract. \u00a6<\/p>\n
\u00a6\u2014 26) Liability \u2014\u00a6<\/p>\n
\u00a6 We shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for (1) loss of profits; or (2) loss of business; or (3) depletion of goodwill or similar losses; or(4) loss of anticipated savings; or (5) loss of goods; or(6) loss of contract; or (7) loss of use; or (8) loss or corruption of data or information; or (9) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. \u00a6<\/p>\n
\u00a6 We shall not be liable to you or be deemed to be in breach of our obligations to you by reason of any delay in performing, or any failure to perform, any of our obligations in completing the Services, if the delay or failure was due to any cause beyond our reasonable control. From time to time we use third party suppliers to assist with the Services. In addition we resell services including (but not limited to) server space, domain names and email addresses from third party suppliers. As is the nature with services of this type they do, from time to time, temporarily stop working or other problems may occur. We do not accept any responsibility for the failure or otherwise of any services provided by a third party. \u00a6<\/p>\n
\u00a6 we shall remain the sole legal and beneficial owners of our content management system at all times. \u00a6<\/p>\n
\u00a6\u2014 27) Contracts \u2014\u00a6<\/p>\n
\u00a6 Any variation of the Contract shall be in writing and signed by or on behalf of both the parties. Any notice required or permitted to be given by either of us to the other under these Terms should be in writing addressed to the other party at its registered office or principle place of business or such other address as at the relevant time has been notified pursuant to this provision to the party giving their notice and delivered by recorded delivery post or sent via email only (to such email address as each party nominates). \u00a6<\/p>\n
\u00a6 The Contract and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims). \u00a6<\/p>\n
\u00a6\u2014 28) Intellectual Property \u2014\u00a6<\/p>\n
\u00a6 All source code and graphics remains the intellectual property of Oversal Media and is not supplied to the client. \u00a6<\/p>\n
\u00a6 Clients may use the published site for as long as they require with no additional costs (except for web hosting fees and maintenance). \u00a6<\/p>\n
\u00a6\u2014 29) Credits \u2014\u00a6<\/p>\n
\u00a6 All work includes credits (for example Website designed by Oversal Web Design) which links back to www.oversalwebdesign.com. \u00a6<\/p>\n
\u00a6 This agreement shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts in respect of the interpretation of, and any disputes relating to, this agreement or any of its provisions. \u00a6<\/p>\n
\u00a6\u2014 30) Updates and Upgrades \u2014\u00a6<\/p>\n
\u00a6 All work commissioned must be paid for in full prior to going live. Non-payment of commissioned work may result in account suspension until all outstanding fees have been paid in full. \u00a6<\/p>\n
\u00a6 Annual hosting (and any upgrades) is payable direct to Oversal Media subject to their terms and conditions. \u00a6<\/p>\n
\u00a6 Non-payment of annual hosting fee may result in account suspension. \u00a6<\/p>\n
\u00a6 All agreements between you (the ‘Customer’) and us (‘Oversal Media’) are subject to these Terms and Conditions. \u00a6<\/p>\n
\u00a6 All fees are due in advance of the services provided. Any fees are invoiced annually at the beginning of each calendar year, cover the services for the duration of such calendar year and are non-refundable. Failure to pay in advance may result in termination or suspension of services without notice. \u00a6<\/p>\n
\u00a6 Website hosting fee shall be negotiated (inclusive of the admin system hosting fee if applicable). \u00a6<\/p>\n
\u00a6\u2014 31) Access \u2014\u00a6<\/p>\n
\u00a6 The Customer agrees that they shall not have direct access to the servers (via FTP or Control panel) run, administered or used by Oversal Media. The Customer may access their website through a unique login setup by Oversal Media. \u00a6<\/p>\n
\u00a6 The Customer shall not have any rights whatsoever to any source codes, server codes, admin panel codes or applications hosted on our server. \u00a6<\/p>\n
\u00a6\u2014 32) Responsibility \u2014\u00a6<\/p>\n
\u00a6 The use of any data or material, which the customer receives from the service provided by Oversal Media, is at the customer’s sole and absolute risk. Oversal Media specifically disclaim and deny any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby. \u00a6<\/p>\n
\u00a6\u2014 33) Liability and Rights \u2014\u00a6<\/p>\n
\u00a6 The Customer agrees to indemnify and hold harmless from any and all liabilities, losses, costs and claims, against Oversal Media that may arise or result from any services provided, performed or agreed to be performed or any product sold by the Customer. In particular,the Customer agrees to indemnify and hold Oversal Media harmless from any claim or demand made by anyone due to any content, material the Customer or any of the Customer’s employees, affiliates or volunteers upload to the server via the Admin system or any violation of any law or of these Terms and Conditions. \u00a6<\/p>\n
\u00a6 The Customer may only use Oversal Media services for lawful purposes. \u00a6<\/p>\n
\u00a6 The following uses shall be cause for the immediate termination of services and contract with the customer without notice and without liability for actual,compensatory or consequential damages to the customer for the interruption in service: \u00a6<\/p>\n
\u00a6 (a) violation of intellectual property rights,violation of applicable law; (b) unsolicited advertising via email and\/or ‘spamming’,mailbombing, trolling; (c) tortuous conduct (such as posting of defamatory materials); (d) violating or attempting to violate the security of the Oversal Media and systems; (e) posting of illegal adult content. \u00a6<\/p>\n
\u00a6 Oversal Media will utilize its best efforts to maintain acceptable performance of services, but Oversal Media makes no warranties of any kind, expressed or implied for services we provide. Oversal Media disclaims any warranty or merchantability or fitness for a particular purpose. \u00a6<\/p>\n
\u00a6 Oversal Media cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Oversal Media will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Oversal Media shall not be liable to the customer or any of its customers for any claims or damages which may be suffered by the customer or its customers, including, but not limited to, losses or damages of any and every nature,resulting from the loss of data,inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non\u00ad deliveries, or service interruptions. Notwithstanding the above, the customer’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate amount which the Customer paid to Oversal Media during the term of agreement with the latter. \u00a6<\/p>\n
\u00a6 Oversal Media reserves the right to revise its terms and conditions and its policies at any time. \u00a6<\/p>\n
\u00a6 All agreements and non-contractual obligations arising out of or in connection with the agreements are governed by English law with English courts having exclusive jurisdiction over any disputes. Although every precaution is taken to ensure a reliable hosting service it is impossible to guarantee 100% up time. \u00a6<\/p>\n
\u00a6\u2014 DIGITAL DOWNLOADS \u2014\u00a6<\/h1>\n
\u00a6\u2014 01) Broadly \u2014\u00a6<\/p>\n
\u00a6 Any kind of agreement or deviations will be invalid unless confirmed in writing by Oversal Media. Any conditions of the customer are only binding if it has been made in writing and accepted it in writing by Oversal Media. \u00a6<\/p>\n
\u00a6\u2014 02) Agreement \u2014\u00a6<\/p>\n
\u00a6 Each time you purchase Digital Products through this site you will be required to click the “I Agree” button to complete the order. By clicking the “I Agree” button and\/or by using this site to purchase Digital Products you are accepting these terms and conditions of sale and if relevant any product specific terms. Any terms which you seek to impose in respect of your purchase of Digital Products through this site will not form part of any contract between us. \u00a6<\/p>\n
\u00a6\u2014 03) Replacement \u2014\u00a6<\/p>\n
\u00a6 From time to time, product specific terms may apply in addition to or replace these terms in respect of certain Digital Products available on the site. For example, additional terms such as territorial restrictions may apply to album launches. These product specific terms will be clearly indicated and featured on the site in the order process for the relevant Digital Product. \u00a6<\/p>\n
\u00a6\u2014 04) Legality \u2014\u00a6<\/p>\n
\u00a6 By placing an order for Digital Products through our site, you warrant that: \u00a6<\/p>\n
\u00a6 You are legally capable of entering into binding contracts; \u00a6<\/p>\n
\u00a6 You are at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and\/or guardian who has explained these terms of sale to you so that you fully understand them; \u00a6<\/p>\n
\u00a6 You are purchasing Digital Products for private, non-commercial use only and that you will not copy, distribute or share the Digital Products other than as allowed under these terms of sale. \u00a6<\/p>\n
\u00a6 By placing an order for Digital Products you agree that we may store, process and use personal data collected from you for the purposes of processing\/fulfilling your order. We work with third parties that help us provide the Digital Products to you including card payment and collection companies and they will also have access to your personal data to the extent necessary to help us process\/fulfill your order. For further information about how we may store, process and use your personal data please refer to our Privacy Policy. \u00a6<\/p>\n
\u00a6\u2014 05) Intellectual Property \u2014\u00a6<\/p>\n
\u00a6 All Digital Products available through this site are owned or controlled by us and are protected by intellectual property rights. \u00a6<\/p>\n
\u00a6 Any streaming or use of Digital Products purchased through this site are for your own personal, non-commercial use only. Upon payment of the price of the Digital Product we grant you a non exclusive, non-transferable license to use the Digital Product for your own personal, non-commercial use in accordance with these terms of sale. \u00a6<\/p>\n
\u00a6 You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Products available through this site (whether the same are available as streams and\/or permanent downloads). Nothing in these terms of sale grants to you any rights other than those expressly set out herein. These terms do not grant to you any rights in relation to the synchronization, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Product. \u00a6<\/p>\n
\u00a6 We will be entitled to obtain injunction relief against you, in addition to all other remedies that we may have, to enforce these terms of sale and to prevent your unauthorized use of this site. \u00a6<\/p>\n
\u00a6 Permanent downloads of Digital Products are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. This is solely for your own personal, non-commercial use and you must adhere to any and all usage restrictions that apply to the Digital Product. \u00a6<\/p>\n
\u00a6 You are responsible for ensuring that you do not lose, destroy, or damage any Digital Product you purchase through this site. We shall not be obliged to replace any Digital Product in the event of any loss, destruction, or damage not caused by our negligence. \u00a6<\/p>\n
\u00a6 We reserve the right to introduce and\/or change usage rules limiting the number of times any permanent download of a Digital Product may be burned to disc or transferred to any other media including to portable players. We may do this in relation to any and\/or all of the Digital Products available as permanent downloads from time to time via this site. \u00a6<\/p>\n
\u00a6 In any event if you burn any permanent download of a Digital Product to disc or transfer it to a portable device you agree not to further copy, distribute or transfer the permanent download from that disc or portable device. \u00a6<\/p>\n
\u00a6 Watermarking To prevent unauthorized use, Digital Products may carry a digital watermark that allows us to identify the origin of the Digital Product and track any subsequent unauthorized transfer. You agree to not attempt to remove the watermark or circumvent the security technology in any way. \u00a6<\/p>\n
\u00a6\u2014 Streaming \u2014\u00a6<\/p>\n
\u00a6 We grant to you a non-exclusive, non-transferable right to access streams of Digital Products made available by us on this site solely for your personal, non-commercial use. Such use shall be subject always to these terms of sale. \u00a6<\/p>\n
\u00a6 You may not in relation to any Digital Products available as streams through this site: store, copy, “rip”, reproduce, transfer or burn to disc or attempt or employ any technology with a view to attempting to do the same;circumvent, attempt to circumvent or employ any technology with a view to attempting to circumvent any technology used by us to protect Digital Products available as streams through this site. \u00a6<\/p>\n
\u00a6\u2014 06) Availability \u2014\u00a6<\/p>\n
\u00a6 All Digital Products featured on our site are subject to availability. We reserve the right to change or remove a Digital Product or other content on the site at any time without notice or liability to you. For example we may have obtained rights from third parties to make the Digital Product available and, in the event we lose these rights, we may need to remove the Digital Product from the site and make it unavailable for purchase. \u00a6<\/p>\n
\u00a6\u2014 07) Time Frame \u2014\u00a6<\/p>\n
\u00a6 We will endeavor to make it clear where Digital Products offered are available for a limited time or in limited numbers. \u00a6<\/p>\n
\u00a6\u2014 08) Updates \u2014\u00a6<\/p>\n
\u00a6 We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular Digital Product will be available at a particular time. \u00a6<\/p>\n
\u00a6\u2014 09) Payment \u2014\u00a6<\/p>\n
\u00a6 Payment for all Digital Products must be by credit or debit card, Paypal. We accept the credit and debit cards displayed on the payment page of our site from time to time. \u00a6<\/p>\n
\u00a6 By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the Digital Products and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer. \u00a6<\/p>\n
\u00a6 All credit\/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit\/debit card payment in accordance with your order. Should there be a problem with your payment we will contact you to discuss the next steps. \u00a6<\/p>\n
\u00a6 You may not cancel an order made by you for any permanent download of a Digital Product once it has been made available for download by you and each purchase of a permanent download shall be deemed a final, non-exchangeable, non-refundable sale. \u00a6<\/p>\n
\u00a6\u2014 10) Cancellation \u2014\u00a6<\/p>\n
\u00a6 If you are in breach of, or we suspect you are in breach of, these Digital Product Terms of Sale (including if you use any Digital Product or the site for business purposes or you breach usage rules) then we may cancel your account. \u00a6<\/p>\n
\u00a6 You agree you will have no claim against us, in respect of any decision to remove Digital Product from this site or any decision to suspend or terminate your access to this site or to Digital Products (including by way of purchase) through the site. \u00a6<\/p>\n
\u00a6\u2014 11) Warranties agreement \u2014\u00a6<\/p>\n
\u00a6 We do not make any other promises or warranties about the Digital Products. You agree that use of this site to access or purchase Digital Products is at your sole risk. \u00a6<\/p>\n
\u00a6\u2014 12) Breach \u2014\u00a6<\/p>\n
\u00a6 If you are in breach of the contract for the Digital Product, neither of us will be responsible for any losses that the other suffers as a result. \u00a6<\/p>\n
\u00a6\u2014 13) Limitations \u2014\u00a6<\/p>\n
\u00a6 Our liability for losses you suffer as a result of us breaking a contract for a Digital Product(s) is strictly limited to the purchase price of the relevant Digital Product(s) affected. \u00a6<\/p>\n
\u00a6 We are not responsible for any losses. \u00a6<\/p>\n
\u00a6\u2014 14) Communication \u2014\u00a6<\/p>\n
\u00a6 All communications we receive should be in writing using email only and other communication will be void and will not be legally binding. \u00a6<\/p>\n
\u00a6\u2014 15) Responsibility \u2014\u00a6<\/p>\n
\u00a6 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract for a Digital Product that is caused by events outside our reasonable control. \u00a6<\/p>\n
\u00a6\u2014 16) Right to Amend \u2014\u00a6<\/p>\n
\u00a6 We have the right to revise and amend these terms and conditions of sale from time to time including to reflect changes affecting our business, changes in technology, changes in licensing arrangements, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site’s capabilities. \u00a6<\/p>\n
\u00a6\u2014 17) Governing Law \u2014\u00a6<\/p>\n
\u00a6 Contracts for the purchase of Digital Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. \u00a6<\/p>\n
Oversal Media Limited<\/p>\n<\/div>\n