Bankhouse Media

Customer Terms & Conditions

Last Updated on January 21st, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

The terms & conditions below relate to the association between any Client or potential Client and the Agency.   
For the purpose of this agreement the agency is: Bankhouse Media and will be referred to as ‘The Agency’ from this point on. 

General Terms & Conditions:

  1. Costs & Quotations:
    1. All costs and quotations are valid for 60 days from the date of quotation
    2. Copy, graphic design, videography, ad spend, SEO optimisation, photography, ongoing maintenance/management, and hosting will incur additional charges unless otherwise stated
    3. Pricing is based on the information provided by the client at the time of quotation.  Costs and quotations are subject to change should the client’s requirement change
    4. Timescales are based on all relevant data/information being provided by the client within the required timeframe. Timescales surrounding project completion are estimates and time shall not be of the essence
    5. In the event that no contract or hourly price has been fixed our hourly rate of €120 will apply
    6. The Agency reserves the right to amend the hourly rate and their pricing at any time

  2. Payment & Invoicing:
    1. 50% of your servicing payment plus any allocated spends for ads must be paid upfront.  The final 50% must be paid no more than 30 days after date of invoice
    2. Payments must be made in Euro (€) unless otherwise agreed in writing
    3. For any groundwork completed (included but not limited to design, photography, set up or videography services) a rejection fee of 50% is applied should the client cancel their order/subscription
    4. All invoices are subject to IRE VAT at the present rate unless valid exemption cert is provided
    5. In the event that additional costs are incurred due to the Client’s carelessness or error, the Agency reserves the right to pass these charges on as additional costs to the Client
    6. Without notice or prejudice to any other legal remedy, works/services may be suspended in the event of overdue payments.  In addition, incomplete works due to suspension as a result of overdue payments will still be chargeable and due from date of suspension  
    7. We will apply our statutory right to interest under the European Directive 2000/35/EC if we are not paid in accordance with these terms
    8. We will bill all additional works at the end of each month unless otherwise agreed in writing

  3. Your Details:
    1. By agreeing to these terms, you are confirming that you are authorised to enter this agreement on behalf of the Client
    2. You confirm that all billing information is correct at time of purchase and that it is the Clients responsibility to notify the Agency in the event that there are any changes that will impact payments being paid or processed 
  1. Processes:
    1. The Agency is not obligated to review, amend or ensure the correctness of any copy, graphics, video or any other content that has been provided by the Client
    2. The Agency accepts no responsibility for the compatibility or performance of images that require editing by third-party software packages
    3. In the event of costs or claims due to infringement of any material supplied by the Client, the Agency shall be indemnified by the Client, this includes the cost of any legal counsel required by the Agency 
    4. Additional costs may be applied to the Client in the event that the Client requires stock images/videos/audio
    5. The Agency reserves the right to use sub-contractors 
    6. The Agency will store all related project data throughout the contract term and reserves the right to delete data should the Client cancel their contract
    7. The Agency shall not be required to use information which in its opinion is or may be slanderous, illegal or a violation of the proprietary or other third-party rights
    8. All designs and layouts will be sent to the Client for proofing, corrections shall then be provided to the Agency in one transaction and will be completed inclusive of the quoted price. Once these corrections have been completed by the Agency there will be a total of 1 minor work (limited to a maximum of 30 minutes agent time) permitted after which no further changes or claims can be made against the Agency for these works.  Any additional amendments or adjustments will be charged at the hourly rate of €120.  For smaller amendments to images, footage or copy, they will be charged at €50 per image/page/15minute clip
    9. Any claims and complaints must be made in writing to the Agency within 30 days of works completed
    10. The Client is responsible for ensuring their own conformance to any lawful regulations required by their company 
    11. The Client confirms that the Agency may disclose their name and address if enquiries are made

  2. Bankruptcy:
    1. In the event that the Client has a bankruptcy petition issued or is unable to pay their debts, the Agency reserves the right to cancel the contract and bill for any works already started

  3. Liability:
    1. The Agency shall not be liable to the Client by reason of any implied warranty, term, representation, other condition or any duty at common law, for any loss of profits, expected savings, loss of customers or consequential loss, cost, expense, damage or other claims which arise out of services or goods provided by the Agency whether caused by the Agency’s negligence or the negligence of its staff or sub-contractors

  4. Force Majeure:
    1. In the event that the Agency is unable to carry out the provision of the contract due to reasons outside of its control including war, Act of God, flood, fire, drought, failure of power supply, legislation, strike or other deed taken by staff in thought of a dispute, the Agency will not be liable. Works or services provided up to this point will be chargeable and owned by the Client
  1. Indemnity:
    1. The Client shall protect the Agency and keep the Agency protected and hold the Agency harmless from all claims, losses, expenses, proceedings, costs, damages, actions and liabilities incurred by the Agency in consequence of the Clients breach of this agreement or arising out of claims based upon the Agency’s work to the Client or any claim brought against the Agency by a third party resulting from the provisions of services to you and your use of them

  2. General:
    1. All information provided by the Agency is commercially confidential and should not be shared with third parties unless written consent has been provided
    2. An order constitutes as your acceptance to all terms and conditions within this agreement which is effective on the date on which you place an order
    3. The Agency reserves the right to amend these terms and conditions at any time without prior notification
    4. Should any of the terms within this agreement be deemed unenforceable or illegal, the remainder of the terms shall remain in full force and not deemed prejudiced
    5. The Client acknowledges that no partnership, employment, or agency relationship exists between you and the Agency as a result of using these services and that you will not act as an employee or representative of the Agency.  In the event, any acts, omission’s or representation by the Client, the Agency shall not be liable
    6. The Agency shall not be liable or judged to be in breach of this contract in the event of delay or failure to completed works if the reason for this was due to cause beyond its reasonable control 
    7. The terms and conditions of this contract shall be governed and constructed in accordance with the laws of Ireland and you hereby submit to the non-exclusive jurisdiction of the Irish courts
    8. These terms and conditions supersede any previous proposals or agreements (written or oral) between the Agency and the Client.  No oral information or explanation given by any party shall alter the interpretation of these terms and conditions and by agreeing to these terms and conditions you confirm that you have not relied on any alternative interpretation
    9. Notice by either party shall be given via email or posted (recorded delivery) to the registered company address. Emails are deemed to be received on the day of sending, postal notice is determined by the signed delivery docket

  3. Retainers:
    1. Website hosting purchases are set at a minimum 12-month contract unless otherwise agreed in writing 
    2. Hours outlined within the quotation/cost can be used in any way or towards payment of outstanding amounts owed by the Client.  Hours cannot be used for fixed costs such as web hosting, spend for advertising, actors, e-commerce subscriptions and stock image/audio content
    3. A minimum of 15 minutes will be deducted for each job
    4. Any hours that have not been utilised within the current month will not roll over unless otherwise agreed in writing 
    5. The Agency will honour the Client rate for the term agreed outlined within the quotation. If no term has been agreed the Agency has the right to increase the hourly rate with 30 days’ notice
  1. Ownership:
    1. Ownership of all code used in processing web pages, graphics, videos, and animations shall explicitly remain with the Agency and therefore does not award any passing of title from the Agency to the Client
    2. Ownership of all content and copyright shall remain with the Agency until the Client has paid in full, the monies owed.  Once the Agency has been paid in full, ownership of text and graphics specific to the Client shall be passed to the Client

Website, Hosting & Email Terms & Conditions: 

  1. Use & Content:
    1. The Agency reserves the right to remove material without notice from your website if they deem it inappropriate 
    2. The Client is responsible for accuracy, reliability, and truthfulness of any information placed on their website.  By agreeing to these terms and conditions the Client confirms that they are authorised to promote and provide the copy/content of all information.  The Agency makes no warranty to information included on websites or emails and shall have no liability for any loss or damage of stored data on the server
    3. The Client is wholly responsible for any criminal or civil liability that is incurred due to the use of your website
    4. The Client is wholly responsible for ensuring that their website is being used in a lawful manner and that they will not use (nor will they allow others to use) the server in a manner which breaches regulation or law or breaches the rights of any third party
    5. If using an e-commerce website, the Client agrees to and is wholly responsible for complying with all lawful regulations relating to the buying and selling of goods or services
    6. Database and hosting services are provided via third-party suppliers, therefore, these services are subject to the requirements outlined in any third-parties terms and conditions, this includes but is not limited to: notice periods, policies and uptimes.  By agreeing to the Agency’s terms and conditions the Client is agreeing to any third-party terms and conditions applied 

  2. General:
    1. The Agency and its suppliers will always strive to ensure the highest levels of services; however, 100% uptime cannot be guaranteed and as a result, the Agency and its suppliers accept no responsibility for losses caused due to loss of service
    2. Should the Client misuse or fail to pay on time, the Agency reserves the right to remove your service.  Furthermore, the Agency will not be liable for costs to restore your service once removed
    3. In the event that the Client has not signed up to the Agency’s Website Management package, any works completed by the Agency at the Clients request after handover will be charged at €120 per hour, this includes amendments and troubleshooting 
    4. While the Agency will endeavour to complete sites a secure as possible, the Agency cannot offer lifelong indemnity against future threats of security 
    5. The Agency will provide websites that are Internet Explorer and Google Chrome compatible
    1. The Client will not publish, host, link or transmit unlawful, threatening, defamatory, indecent, blasphemous, abusive or otherwise objectionable material
    2. The Client will not send bulk email or utilise programs which result in excessive use of system supply
    3. The Client will not publish, host, link or transmit material containing viruses 
    4. The Client will ensure all mail is sent lawfully and in adherence to GDPR

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