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a. H1 Media Limited acknowledges that in the course of providing services under this agreement, they may come across or be provided with confidential information belonging to the Client. H1 Media Limited agrees to treat all such information as confidential and to use it solely for the purposes of fulfilling their obligations under this contract. H1 Media Limited agrees not to disclose any confidential information to third parties except as required for the purpose of fulfilling this agreement, or as required by law. Upon termination of the agreement, H1 Media Limited shall return or securely destroy all confidential information and confirm this in writing to the Client.
b. The Client and H1 Media Limited acknowledge that both parties may have access to confidential information. Each party agrees not to disclose or share such information with third parties, except where necessary to fulfil the terms of this agreement. The Client acknowledges and agrees that H1 Media Limited may outsource work and that information may be shared with the Contractor’s suppliers for the purpose of delivering the services.
a. All work developed or produced under this agreement will remain the property of the Contractor until full payment is received, and the Contractor has confirmed the transfer of ownership in writing to the Client. H1 Media Limited is not responsible for the Client’s website terms and conditions, privacy policy, GDPR compliance, or cookie policy, and the Client is advised to consult a legal professional specialising in these areas.
b. H1 Media Limited will complete the work as detailed in the project summary. Should the Contractor incur any unexpected expenses during the course of the project, they will inform the Client and provide a revised quote. H1 Media Limited is not liable for any delays, and no refunds will be due in the event of delays.
c. H1 Media Limited will use their expertise and best practices to deliver the project, but cannot guarantee specific results, especially in areas such as SEO or social media, due to the complex and unpredictable nature of these algorithms. No refunds will be due for any reason.
a. All work for monthly maintenance tasks will be scheduled according to H1 Media Limited’s workflow.
b. Failure by the Client to answer a question critical to the completion of a task within 5 business days may cause that task to be and moved to the “end of the line” in our workflow. Depending on the time of month, this could cause that task to roll over into the next month’s list of update requests.
c. All updates are scheduled in accordance with our schedule. We have a process and a workflow that we use to maintain all of our clients’ websites in a fair and orderly fashion. The only exception being in the case of Client’s website being totally offline or down, in which case their issue would be considered an ‘emergency’ and would take priority.
b. H1 Media Limited will acknowledge maintenance requests from Client within 24 hours on weekdays and 48 hours on weekends, via email or phone, with a confirmation that the request was received. Maintenance requests received after 18:00 GMT may not be completed until the next business day.
c. H1 Media Limited will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that H1 Media Limited has any issues in delivering on a quoted deadline, the Client will be notified via email or telephone the reasoning for any change.
d. CMS design, integration of plugins and configuration, or programming of elements and functionality, including but not limited to blogs, shopping carts, API integrations with third party services, and web forums are not included in the maintenance agreement. These require a separate design or development agreement.
e. The Maintenance Agreement does not include training on how to use your website, Webflow, or email, but we can provide training at additional cost.
f. H1 Media Limited is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.
g. H1 Media Limited is not responsible for changes made to Client’s website(s) by other parties, including the Client themselves.
h. If the Client’s website is not hosted with H1 Media Limited, through Webflow, we have absolutely no control over Client’s hosting company with regard to server downtime, software incompatibilities, PHP compatibility issues, etc.
i. Throughout the duration of this contract, the Client agrees that H1 Media Limited will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the website code. If a party, including the Client, other than H1 Media Limited makes changes to the website code, any errors that occur must be repaired and will be charged for at the hourly rate specified above.
j. H1 Media Limited is not responsible for third-party plugins that may become unusable as a result of maintenance services performed.
k. H1 Media Limited will not repair Client’s website(s) that became compromised, hacked, or otherwise defaced or infected prior to commencing with maintenance services.
a. Websites created by H1 Media Limited will be hosted on Webflow. Hosting fees are outlined in the sales order agreement and may be paid either monthly or annually. If H1 Media Limited is to supply a domain, it will be registered with Ionos 1&1, or the Client may supply their own. If the Client opts to use their own domain, they must provide access to the DNS settings to allow H1 Media Limited to connect the website to the domain.
b. H1 Media Limited is not responsible for compliance with any international, EU, or other foreign hosting, data storage, or cloud laws. Full website access can be provided to the Client upon request, with H1 Media Limited being assigned editor access as needed.
a. Client shall indemnify and hold harmless H1 Media Limited (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by H1 Media Limited as a result of any claim, judgment, or adjudication against H1 Media Limited related to or arising from 1. any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client H1 Media Limited (the “Client Content”), or 2. a claim that H1 Media Limited’s use of the Client Content infringes the intellectual property rights of a third party. To qualify for such defence and payment, H1 Media Limited must: (i) give Client prompt written notice of a claim; and (ii) allow Client to control, and fully cooperate with Client in, the defence and all related negotiations.
b. H1 Media Limited does not warrant that the maintenance services will meet the Client’s expectations or requirements. the entire risk as to the quality and performance is with Client, except as otherwise specified in this agreement, H1 Media Limited provides its services “as is” and without any kind of warranty. The parties agree that (A) the limited warranties set forth in this section are the sole and exclusive warranties provided by each party, and (B) each party disclaims all other warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, relating to this agreement, performance or inability to perform under this agreement, the content, and each party’s computing and distribution system. if any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
c. In no event shall H1 Media Limited be liable to the Client for any indirect, special, exemplary or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. there shall be no refunds. Hughes & Co Design makes no warranty of any kind, whether express or implied, with regard to any third-party products, third party content or any software, equipment, or hardware obtained from third parties.
a. Both parties agree that the sales order agreement may be signed electronically, and these electronic signatures will be considered valid and enforceable for all legal purposes.
b. This agreement will be enforced with all Client's who make purchases or receive services from H1 Media Limited.
a. The sales order agreement outlines the agreed upfront, monthly, or annual fees, along with the respective payment due dates. The Client agrees to make payments as per the terms set out in the sales order agreement.
b. BACs invoices must be paid within 14 days. Late payments will incur a penalty of 5% of the total invoice value for each day that payment is overdue, which will be added to the next invoice.
c. All recurring BACs invoices are subject to a non-direct debit fee of £25.00.
d. H1 Media Limited will provide a direct debit facility for automatic payments.
e. Failed direct debit payments will incur a £25.00 reprocessing fee.
f. All upfront or set-up fees must be paid before any work commences.
g. H1 Media Limited reserves the right to increase monthly fees in line with inflation, plus 3.9%, unless otherwise agreed in writing.
h. For all recurring payments related to ongoing projects, if a payment is more than 6 days overdue, we will suspend all work until the outstanding balance is fully paid.
a. H1 Media Limited offers two types of commitment terms: rolling (monthly) and fixed-term (annual or monthly):
i. Rolling Agreements: Rolling contracts operate on a 30-day rolling basis, and the Client agrees to provide payment for services on a monthly basis as outlined in the sales order agreement.
ii. Fixed-Term Agreements: Fixed-term agreements are set for a specific number of months, as stated in the sales order agreement. The Client agrees to pay the monthly or annual fees for the full duration of the term. The first payment date is outlined in the sales order agreement.
b. All fixed-term agreements will automatically transition to a rolling agreement upon completion of the final payment outlined in the sales order agreement.
a. All cancellation requests must be provided in writing to H1 Media Limited. Upon receiving a cancellation notice, H1 Media Limited will cease all work unless otherwise instructed in the cancellation notice.
b. The agreement starts from the date of the Clients signature, the Client is subject to our cancellation terms from this date.
c. H1 Media Limited reserves the right to terminate this agreement due to non-payment, and the Client will remain liable for the cancellation fees specified in Section 10.
d. For website cancellations, provided all payments are up to date and H1 Media Limited confirms agreement in writing, the Client will receive full access to the website via a Webflow account transfer. H1 Media Limited reserves the right to charge administrative and consultancy fees should the Client require additional assistance beyond the standard transfer process.
a. Rolling Agreements: The Client must provide 30 days’ notice in writing to cancel a rolling contract. The Client will be responsible for paying for services up to the date of cancellation, including any pro-rata fees for partial months.
b. Fixed-Term Agreements: The Client must provide 30 days’ notice in writing to cancel a fixed-term contract. If the contract is cancelled before the agreed term ends, the Client will be liable to pay a cancellation fee. This fee is calculated as the total remaining payments due under the agreement from the date of cancellation to the end of the agreed term.
