Terms & Conditions, Privacy Policy

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Artemis Media (Cumbria Business Portal) is not and does not take responsibility for the content that is put on to a web site by the owner of the site and the owner of the domain name of that site. All disputes are with the owner of the site and not the host.

Standard Terms, Conditions & Charges

General Terms and Conditions

• Our standard contract term for website hosting, email hosting and email marketing packages is one year. 
• Use of Material: When you have a website it is essential that you upload content to that side (words and pictures etc) and that the content of your pages once populated with "material" is visible to the general public world wide. To place this content or material on your website you must either own or have a license to display the material under copyright laws. In loading material on to your website you claim that you own the copyright or license to use the material. When posting material on a website hosted by Artemis Media or Cumbria Business Portal you must obey the law where it applies to you this will include conforming to,
  • The Disability Discrimination Act 
  • Employment and Equality legislation when you are offering jobs 
  • The Sale of Goods Act 
  • Trade Descriptions Act 
  • Distance Selling Regulations 
  • Copyright 
  • Data Protection 
  • The Companies Act 
  • The Companies (Register, Languages and Trading Disclosures) Regulations 2006 

  There could be more depending on your area of trading or the goods or services you supply (an example could be the Financial Services Act for advisors) you are responsible for checking this and for continued compliance.

  • You agree not to post materials on your website or in emails that would be considered offensive or against the law such as Pornography in any format, anything that would incite racial hatred or a crime – failure to comply will result in loss of service without any kind of refund and perhaps a fine. In certain circumstances we would also be obliged to inform the authorities. 
  • Changes to Agreements and services: We reserve the right to change these agreements for Artemis Media / Cumbria Business Portal's services at any time. However, should this have an impact on existing clients we will give prior notification of 30 days of any changes. 

  Our Fees and Charges

  • Our hourly charges involved in hosting, developing a website, email facility or email marketing campaign will include time spent on such tasks as
    • Internet and Market Research 
    • Graphic and Schematic Design  
    • Web Development Programming 
    • Server set-up for you hosting and email packages 
    • Meetings with you the client or third parties on your behalf 
    • Telephone calls to you and/or on your behalf 
    • Email messages to you, from you and / or on your behalf 
    • Local Travel to and from meetings with you or on your behalf, however, over a distance of 20 miles we may charge our hourly rate plus mileage or cost of travel 
    • Creating and implementing enhancements 
    • Domain registration and changes 
    • Setting up databases, Creating and setting up on line retail or trade catalogues and shops 
    • Where possible we stick to our original price for work undertaken, however, there are occasions when estimates have to be made and the final bill may be more than we anticipated (if its less then you benefit because we tell you that and charge you accordingly) usually due to the complexity of the problem we are being asked to solve or facility we are being asked to create and implement. Normally we will tell you if this is the case and we will keep you informed as to work/cost on a regular basis. 
    • What can make costs vary? A number of things can impact on pricing, some of these are listed below,
      • The condition of materials which you submit to us to work on 
      • The amount of work needed to fulfil a graphics requirement or preference 
      • Additional work requests to existing tasks already agreed 
      • Changes in specifications / legislation 
      • The complexity of the website you want built 
      • The number of hypertext links involved  
      • Issues which need to be sorted out around domain names and registrations 
      • • Fees vary depending on the skills of the individual used on the task with lower skills priced at around £45.00 per hour and higher skills being charged from £65.00 upwards. The level of skills needed to complete the work will have been taken into consideration when pricing and supplying you with a works order agreement, any additional work needed will then be priced accordingly and you will be notified before work commences for your agreement to proceed. 
      • Consultancy: hourly rates for consultancy fees vary according to the skills and abilities required for the work at hand. One working day is signified as eight hours and travel time to and from geographical sites is charged at the appropriate rate. We will always inform you of the hourly rate applicable before work commences. Consultancy fees are invoiced weekly and payment is due on the production of an invoice by our company. 
      • Training: fees for training must always be paid in advance; if training is booked and the invoice has not been paid we will cancel the training until it has been paid. 
      • Ownership and Title including IPR: Ownership remains with Artemis Media until our invoices are paid in full. Bespoke or customised templates for websites become the clients once our invoices have been paid, this means that if you leave us and go else where for your hosting you can take the template with you. Use of standard templates or adapted templates for websites; - title always rests with Artemis Media and you can not take the template with you if you leave our hosting. 

      Supply of Content for the website

      • We will require you to provide content for your web pages in good time and we will ask you to supply this content material within a specified time. If you do not supply the martial within the time-scales, we will have stop work on your site and reschedule it once the correct information has been supplied. This will mean a delay in your site launching. We may also have to cancel the contract and re-negotiate prices if this continues. 
      • The materials and content you supply should be of good quality so that we are able to work with them. If you do not supply materials of workable quality we will have to charge you for the hours used in making the material workable or for searching for alternative materials. We will charge £65.00 per hour for this work and it will be in addition to your prices quoted and billed separately.  

      Travel Expenses

      • We charge travel expenses on public transport where used at the cost of the Taxi fare, Flight, Train or Bus ticket etc plus a 15% admin handling charge. 
      • Mileage is charged at 45 pence per mile and mileage starts/finishes at our office in Haverthwaite on the day of the journey. 
      • Subsistence: - Accommodation at hotel's Guest Houses etc are charged at the cost of the stay plus a 15% admin handling charge unless the client books and pays for the accommodation. 

  Email Marketing Terms and Conditions

  The Contract Term for email marketing packages is twelve months from the date of signing and agreeing to this works order/agreement. Our terms are designed to encourage better service for you and compliance with anti-spam regulations. By using our Email Marketing service, you are agreeing to the following terms and conditions, and as such, we recommend you familiarising yourself with the following:
  Anti-Spam Policy

  a. Artemis Media has a no tolerance spam policy that we take very seriously. User accounts will be terminated if they send unsolicited email messages.
  b. Spam is defined as unsolicited mass email to persons with whom you do have a business relationship or have not requested (opted-in) to join your mailing list.
  c. All users of our service must agree to only sending permission-based email newsletters as part of accepting this contract upon signup. This means that all existing email recipients must have opted-in to receive communications from the sending organisation.
  d. An opt-in can occur via a simple sign up form on a website, on a physical sign-up sheet or at a point of sale signup form. The form should include a clear explanation of what will be sent, the frequency of communications etc.
  e. You may send communications to businesses you have dealt with in the past twelve months, providing this person has not unsubscribed from your list.
  f. If you use a ‘purchased list' we would need to see verification from the list provider that the people on the list have consented to email approaches before allowing you to upload this list onto our system and send email to its list of recipients.
  g. Every email message contains a mandatory unsubscribe/opt-out link at the bottom of the message. This unsubscribe link cannot be removed.
  h. We provide our services only to those who adhere to our strict anti-spam policy. Using the system to send out emails to addresses obtained in any way other than a subscriber opting-in to your list may incur a charge of £100 plus VAT per incident, i.e. per email sent.
  i. We will ensure:
  i. Your subscriber registration page states why you are collecting the site visitors email address and how you plan to use their email address. Additionally by accepting our agreement, you have agreed not to sell or rent lists.
  ii. All of your new subscribers will be sent an email confirming their interest in receiving emails from you.
  iii. Every email generated from our system contains an unsubscribe link which automatically updates your subscriber lists to avoid the chance of sending unwanted emails to visitors who have unsubscribed.
  j. You may not:
  i. Harvest email addresses from websites
  ii. Purchase lists
  iii. Have a pre-checked field on your subscription form
  iv. Have a signup form that adds the visitor to an unrelated list
  v. Send out unrelated offers or content to your newsletter list
  vi. Add an email address to the list without the subscribers permission
  vii. Email someone who has requested to be removed from your mailing list

  General Payment Terms

  • As you will be aware, at the onset of building a website we have a number of costs which have to be paid, consequently we ask for 60% of the bill to be paid up front, the balance will then be invoiced on a monthly basis or in one or two instalments, the works order we prepare and send you will details this. These payments must be cleared in full before your website will go live. If you have any problems we are willing to discuss individual circumstances to reach a mutual agreement on payment terms.  
  • Payment is due on production of an invoice and within the time specified on the invoice. 
  • Payment of invoices from Artemis Media or its associated companies/businesses cannot be deferred until any grants you may have applied for are paid to you. Grants are usually retrospective and will need a receipt from us before you are able to reclaim grant payments. 
  • Hosting and email packages – payments are always in advance. 
  • Renewal subscriptions for hosting and use of content management systems for brochure websites and eCommerce websites are always charged for in advance. 
  • Cheques should be made payable to Artemis Media  
  • You can pay by Telephone Banking, Internet Banking and Credit or Debit card, however, we only use PayPal for credit and debit card transaction so you need to contact us if you intend to use this method so we can supply you with the correct type of invoice. 
  • Late Payment:  
  • If the Client fails to pay the invoice on the due date then we shall be entitled to;
    • i) charge interest on the outstanding amount at the rate of 8% per annum above the company's bankers base rate charged to us and accruing daily; E.g. Assuming our bank borrowing rate is Base Rate plus 5% we would add 8% to this – currently base rates are 5.5% plus whatever our bank charges us over the base rate, which for this illustrative purpose we will assume is 5% we would therefore charge late payment penalties at 8% over 10.5% = 18.5% per annum. We would then bill you monthly an invoice for the amount calculated from the original date on the invoice to you. 
    • (ii) decline to provide any further services under the contract until payment has been received in full of any amounts outstanding without thereby incurring any liability whatsoever to the client;  
    • (iii) terminate the agreement if the delay in payment exceeds thirty days, if this happens you will still owe any outstanding balances due to us. 
    • Suspend the website so it no longer displays for up to 30 days after which we will delete the website if payment still has not been received. If this happens you will lose all your content and the costs for restoring the website to it former state will be the cost of a new website. 
    • Value Added Tax where applicable shall be added to the contract price as a strictly net extra charge.  

  Search Engine Optimisation, Positioning and Link Building

  The Client acknowledges the following (where we have used the words "the Company" this means Artemis Media and/or Cumbria Business Portal)

  1. The Company has no control over the policies of Search Engines, Directories and/or Syndicated Article/Content providers with respect to the type of sites and/or content that they accept now or in the future.  
  2. The Client's web site may be excluded from any search engine/directory at any time at the sole discretion of the search engine or directory. Where this happens, Artemis Media will resubmit to the relevant search engine or directory those pages that have been dropped from the index.  
  3. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors the company does not guarantee number one positions or consistent top 10 positions for any particular keyword, phrase or search term. However, if the company fails to achieve in our full search engine and link building service 3 top 30 positions in the major search engines, we will start over "SEO" services with no cost to the Client. This guarantee does not apply to starter packs. 
  4. Some search engines and directories may take as long as 2 to 4 months, and in some cases longer, after submission to list your site. 
  5. Occasionally, search engines/directories/syndicated article-content providers will stop accepting submissions for an indefinite period of time. Where this happens we will search for suitable alternatives. 
  6. Occasionally, search engines/directories/syndicated article-content providers will drop listings for no apparent or predictable reason. Often listing will "reappear" without any additional submissions. Should the listing not reappear, the company will re-submit the site based on the current policies of the search engine in question. 
  7. Some search engines/directories/syndicated article-content providers offer expedited listing services for a fee. The Company encourages the client to take advantage of these expedited services, however the Client is responsible for expedited service fees to for example Yahoo or other similar directories, unless otherwise noted in the package that the Client purchases. 
  8. The Company is not responsible for changes made to the Web site by other parties that adversely affect the search engine rankings of the Client's Web site. 
  9. Additional Services not listed herein or in this Proposal will be provided from £65.00 per hour. (For example; purchasing additional keywords beyond the scope provided in the SEO proposal, or creating more doorway pages than provided in original Proposal) 
  10. Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to the Company for inclusion on the website above are owned by the Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Artemis Media and its subcontractors from any liability or suit arising from the use of such elements. 
  11. The Company is not responsible for the Client's overwriting any of our search engine optimisation or link building work to the Client's website. IE; Client's webmaster/employees making changes and uploading over work already provided. If this happens the Client will be charged an additional fee for re-constructing Metas, etc based on the hourly rate from £65.00 per hour. 

  Privacy

  Artemis Media, Cumbria Business Portal and the software developers Multi Media Machine Ltd, fully respects your rights to privacy and utilises the following practices in regards to any information we are provided or obtain about users of this website.
   
  In order to fulfil licensing transactions or provide service to you as a customer of Artemis Media and the Cumbria Business Portal, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number. By providing this information to Artemis Media, and the Cumbria Business Portal, you are agreeing to allow us to utilise this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to Artemis Media/Cumbria Business Portal/Multi Media Machine Ltd' various worldwide offices, subsidiaries, affiliates and any necessary payment processors. Because of the nature of the internet, such data may pass through any country.
   
  By agreeing to these Terms and Conditions you authorise us to send you promotional materials, using either the email or the mailing addresses you provided on the registration or billing information screens.
  From time to time we may notify you of special promotions, new products or services, or other information that may interest you. We do not share any information you provide to us, including your email and mail addresses, with any companies outside Artemis Media, Cumbria Business Portal and Multi Media Machine Ltd, its subsidiaries, affiliates or necessary payment processors.
   
  Should you not wish to receive this type of information, you will be able to express this desire by responding in the appropriate manner when first asked to respond to the issue -- we will not send you information if you inform us you do not wish to receive such materials. If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information by emailing the administrator of the Cumbria Business Portal web site.
   
  About Cookies
  When you visit an Artemis Media/Cumbria Business Portal/Multi Media Machine Ltd website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie. Cookies enable this website to recognise the information you have consented to give to this website, and help us determine what portions of this website are most appropriate for your professional needs. We do NOT use cookies to examine your surfing behaviour before or after leaving an Artemis Media, Cumbria Business Portal, Multi Media Machine Ltd website. If at any time you believe that Artemis Media/Cumbria Business Portal/Multi Media Machine Ltd has not followed the above policy, or if you would like your information to be removed from our system, please fill in the Privacy Policy Issues Form and send it to us.
   
  We will make reasonable efforts to identify and correct any problem. Acceptable Content All content must be suitable for family viewing. We reserve the right to remove any offending content without notice. Disclaimers THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND ARTEMIS MEDIA, CUMBRIA BUSINESS PORTAL, MULTI MEDIA MACHINE LTD EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT MULTI MEDIA MACHINE LTD, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. Except as specifically stated in these Terms and Conditions of Use, the Privacy Policy, or elsewhere on this website, or as otherwise required by applicable law, neither Artemis Media, Cumbria Business Portal, Multi Media Machine Ltd nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. Artemis Media, Cumbria Business Portal & Multi Media Machine Ltd uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. There may be links to other websites from the Artemis Media, Cumbria Business Portal Multi Media Machine Ltd website; however, these other websites are not controlled by Artemis Media, Cumbria Business Portal or Multi Media Machine Ltd and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Artemis Media, Cumbria Business Portal and/or Multi Media Machine Ltd regarding the inclusion of links to outside websites or your use of those websites.
   
  Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Governing Law and Venue This Agreement shall be governed by and constructed and interpreted in accordance with English law, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods, and the parties hereby submit to the non-exclusive jurisdiction of the English courts and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Artemis Media, Cumbria Business Portal and/or Multi Media Machine Ltd shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Artemis Media/Cumbria Business Portal or Multi Media Machine Ltd, such action is necessary or desirable.
   
  No action of Artemis Media/Cumbria Business Portal or Multi Media Machine Ltd, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions of Use, the Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Artemis Media, Cumbria Business Portal and Multi Media Machine Ltd and you relating to your use of this website.

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