Terms & Conditions

This document sets out the terms and conditions between your business and myEPK Media, Inc. and forms an integral part of any existing and future proposal or other written document or communication between your business and EPK Media. The primary purpose of these terms and conditions is to minimize any potential misunderstandings and to clearly state the design and build phases of each project and set out the timings as to when stage payments are due.

If any term or condition appears unreasonable this is not our intention. We have a large client portfolio that has been built up by our respective clients and provide good-quality customer care and support. We are always striving to improve our services and your feedback will always be welcome.

If any of our services do not come up to the standard that you should expect please do contact us at [email protected] so that we can put this right.

Payment Terms

Unless otherwise expressly agreed in writing by EPK Media, our payment terms are strictly fourteen (14) days from the date of the invoice.

Corporate / Visual Identity & Logo Creation

Design Schedule:
Before a project commences we will agree with you a Design Schedule that will set out the following:

Any material that we need from you.
Milestones in terms of key stages within each project together with dates.
Date of release of the final draft of the corporate/visual identity
The date that the final review must be completed by.
The date for the release of the corporate/visual identity.

The design schedule will be set out in writing and agreed between us. It is essential to the success of each project that both parties commit to keeping to the timetable and that requested material is provided to us on or before the agreed dates.

Should any slippage occur, then the party causing this must agree to this with the other party.

Print & Promotional Media

Design Schedule:
Before a project commences we will agree with you a Design Schedule that will set out the following:

The material that we need from you to complete the project and the dates that you will provide this with this content.
This will include photography, written copy, and any other artwork
Milestones in terms of key stages within each project together with dates.
Date of release of the final draft of the print or promotional material.
The date that the final review of the final draft of the print or promotional must be completed by.
The date for the signing of print or promotional material to be sent to the printers.

Should any slippage occur, then the party causing this must agree to this with the other party.

Social Media Marketing

All of our marketing services are bespoke and agreed upon with our clients before work is carried out. We will agree with the client on the platforms we will be using, as well as the types and amount of content that will be delivered and published.

If the content is not being supplied by the client, we can and will offer the creation of content to be used across all digital media platforms. This is the first step of our social media journey.

We work towards creating content in monthly batches and will develop the first months’ worth of content before any postings are made. This enables us to focus on the task at hand and create professionally designed content for the client’s media channels.

This sometimes may mean that the delivery of this runs over schedule due to the nature of perfecting a final product that represents the client’s brand in the correct manner. However, we will still provide the full range of services we set out to achieve.

Once content creation has been completed, we will then begin scheduling & sharing content onto the client’s social media channels, the amount of content that will be created/shared will be agreed upon between EPK Media & the client in question.

Design Process

The following design process assumes that your logo has already been designed by ourselves or by you and is available at the commencement of this project. The design process for your project will be clearly set out in our Design Schedule and will be in line with the following:

Our Design Team will create the initial concepts for the look and feel of the print or promotional material.
After you have reviewed the concepts and discussed them with our Design Team, we will make your changes. Once the look and feel of the print or promotional material have been agreed by you the Design team will carry out the next stage of the project as set out in the agreed Design Schedule.
Any small changes that you want us to make to this final draft of the print or promotional material will need to be given to us in writing and in one final change document. Given the preceding design approval process, your changes must be restricted to reasonable small changes rather than a redesign of the work. If at this stage you do require more sweeping design changes, then these will need to be costed and charged to you in addition to the previously agreed cost for the project.
After making the changes set out in the final changes document the print or promotional material will be deemed to be signed off and ready for release to the printers.
On receipt of your balance payment of 50%, the work will be released to the printers.

Design, Build and Programming Process

The following design and build process assume that your logo has already been designed by ourselves or by you and is available at the commencement of this project.
The design and build process for your project will be clearly set out in our Design Schedule and will be in line with the following:

Our Design Team will create the initial concepts for the look and feel of the Home Page. At the same time they will agree with you about the following:
- The website’s navigation structure
- The website’s functionality and features in line with our original proposal document.
- If at this stage you want to change the specification of the website any additional cost will be agreed with you before we proceed with the changes.
After you have reviewed the concept and discussed this with us, we proceed with the changes.
After you have reviewed the concept and discussed this with us, we will make your changes.
Once the Home Page has been agreed by you, we will continue with the development of the website’s top-level pages so that you can see how the Home Page design follows through to the rest of the website.
If the website includes e-commerce or database-driven functionality, then these key pages will also include the screens showing how this functionality will look and work. It is essential at this stage for you to immediately inform us if there is any misunderstanding in the way in which the functionality is intended to work. If you do not do this at this stage, you will be charged for any re-working time incurred.
After making any changes you require to these top-level pages, we will then commence the build of remaining web pages. At this stage, you will need to ensure that we have received all the material that has been requested unless agreed previously that EPK Media would supply this material.
On completion of the build of the website, it will be posted to our servers for you to review it.
Any small changes that you want us to make to this final draft of the website will need to be given to us in writing and in one final change document. Given the preceding design approval process, your changes must be restricted to reasonable small changes rather than a redesign of the website. If at this stage you do require more sweeping design changes, then these will need to be costed and charged to you in addition to the previously agreed cost for the project.
After making the changes set out in the final changes document the website will be deemed to be signed off and ready for launch.
On completion of the final 50% down payment of this project, we will then begin to push the website live. Marking the end of this project.

E-commerce and Database Driven Websites

Where the project includes e-commerce or database-driven features and functionality then unless specifically agreed in writing by us, any input of products, images, data or the transfer of data into the database will be at an entirely separate and additional cost to the quoted project cost.

Hosting & E-Mailing Provider Service

Unless provided by the client, we offer the ability to host your website on our dedicated, specialized hosting platform. This will be billed yearly at the agreed-upon price between EPK Media & the client in question.

Following the first year, if payment has not been made 1 month after the renewal date, then we have no other option but to remove the website from our hosting platform. Resulting in the website in question to no longer be visible online.

Cross Service Default Clause

All of our invoices are subject to the following cross-service default clause:
Any invoices issued by EPK Media in the past, present or future irrespective of the work or service provided or contained within the invoice, if not paid within the invoice payment terms, will result in the site or sites being disconnected without notice will not be reconnected and no other work or service will be carried out until the defaulting invoice is paid.

Where possible EPK Media will provide you with notice of disconnection, but failure to do so will not prejudice the terms and conditions of this document.

These payment terms are necessary so that we can provide you with a high level of service, ensure that your site has a 99.8% uptime and that our work and time are focused on marketing your business in accordance with EPK Media’s terms of reference with you.

Training

Unless specifically included in our proposal document, outside of any other payments that are agreed, all training will be charged at our standard hourly rate together with a charge for travelling time and associated costs.

Additional Software and Hardware

It is your responsibility to ensure that you have the appropriate software, valid software licenses and computer hardware that you might need to use or operate any of the services that we provide to you. This includes plug-in licenses & third-party accounts for example; and any other additional functionality that may be required in order for us to complete the tasks that have been set out for us to complete.

Site Maintenance

Additional work carried out on your website will be charged at our standard hourly rate unless subject to a previously agreed Site Management contract or prior agreement of work between the client and EPK Media.

E-Mail Technical Support

If you have a problem with e-mails and you ask us to investigate the problem, we will do so on the understanding that:
1. If the problem is not caused by ourselves or our server systems, then you will be charged for the entire time we have taken in investigating the problem on your behalf, regardless of the outcome of the investigation.
2. Wherever possible we will attempt to track the cause of the problem, but where the problem is caused by a third party or intermediary that you are using, it is your responsibility to resolve the issue directly with them.
3. We will only investigate e-mail problems that relate to e-mail accounts being hosted on our servers.

FTP Access Responsibilities

If you have been granted FTP access to your site files, it is a condition of this facility that you are wholly responsible for the following:
1. Keeping your User ID and Passwords in a very secure place and not divulged to third parties
2. Do not place files or documents on the server that are not publishable to the public
3. Backing up your site files since EPK Media will not be keeping up to date copies of your site
4. Any problems with your website are entirely your responsibility.

Site Setup and Maintenance For Websites Hosted With Third-Party Companies

Where we have designed a website or are asked to make changes to a website hosted with another company, we make no warranties that the website will function as you intend it to. If we specifically undertake to design a website or maintain a website that is hosted on specific third-party servers, it is on the following basis:
1. Outside of the cost of the work that we are charging you for the website, our time and costs of dealing with your chosen hosting company are specifically excluded from any of the costs shown in our proposal documents.
2. You will be charged at our standard hourly rate for any time we spend in dealing with the third party hosting company, including time left holding on the telephone while waiting for meaningful support.
3. You will be charged for any additional programming time or any other work that is needed to ensure that the website will work and continues to work on the third-party servers.
4. It is your responsibility to set up and renew SSL Certificates with the third party hosting company and to ensure that your domain name is renewed.

Domain Name Registration

If EPK Media registers any domain names on your behalf they will be registered in your name or company name and will, therefore, be owned by you. It is your responsibility to ensure that any fees due in respect of the domain name are paid promptly, otherwise, you may lose the right to that domain name.

Domain Name and Website Transfers

If you wish to transfer your domain name or Website to another hosting company please see EPK Media’s current tariff for any charges that may be applicable. EPK Media uses high-end components and programs on our servers to enable you to get the best out of the latest Internet technologies. Accordingly, if you decide to host your site with another hosting company, EPK Media cannot be held responsible in any way for the future operation of the site or that it operates or functions as EPK Media intended once it has been transferred away from EPK Media’s servers.

General Provision of Written Copy, Photography, and Other Content

Where the provision of written copy, photography or other content by EPK Media is not specifically included in writing as being part of our fixed costs to you, it is your responsibility to provide this material to us in good time and before the 2nd-draft stage has been completed by EPK Media. As part of the design process, we will advise you in writing of any material or content that we require from you at or before completion of the 1st-draft stage.

It is our strong recommendation that you use professional copywriters and photographers and we would be pleased to assist you in these tasks with our own photographers and copywriters in house. Please note that these professional costs are not included within our initial agreement and will incur in additional invoices subject to be paid on request just like the initial project of 50% upfront and 50% on completion of the website.

Late Payments

EPK Media strongly recommends that for regular payments to EPK Media for marketing services & site maintenance contracts that these are paid by Direct Debit using our payment gateway, Stripe. Which will be timed to be paid before the due date to allow for weekends and bank holidays.

EPK Media can provide you with a completed payment receipt, on request, at any time. For one-off or stage payments, EPK Media would suggest that these are paid immediately on receipt of the invoice to avoid late payment charges and delays in the work EPK Media is carrying out for you.

If you have any queries over any aspect of an invoice then this must be raised with EPK Media immediately on receipt. However, to avoid this being used as a means of delaying payment, the outstanding invoice must be paid by the due date otherwise it will be subject to the late payment charges and the Cross Service Default clause. On the resolution of the dispute, any refund due to you will be reimbursed immediately together with any interest charged.

Copyright

It is your responsibility to obtain the copyright permissions for any text, images or other files that EPK Media has used in the creation of your Web site, brochure or marketing material that has not been directly created by EPK Media.
Copyright to the Web site, brochure or marketing material as published is passed to you once full payment for the work has been received and cleared by your bankers. Exceptions to this are:
1. Any programming code created or generated by EPK Media is to be used by you under license, but copyright does not pass to you. This license allows you to use the programming code for the domain name it was created for and cannot be used on any other site or domain whatsoever unless stated by the provider of the programmer in question.
2. Where we create or modify a corporate identity or logo as part of our design process which is not being specifically charged to you then the copyright of this corporate identity or logo remains with EPK Media and your license to use this work only applies to the work we have carried out on your behalf.
3. Where material has been created by us but is not used in the final published version of a brochure, printed material or website this material remains the property of EPK Media and copyright of this does not at any time pass to you. This includes any artwork, Flash creation files or files that EPK Media has given to you that are not used in the final artworks created for you.
4. Where a member of the EPK Media team has shot photography for your project, the copyright to this photography remains with EPK Media. You have a license to use these images in the printed material or website that we have created for you. The copyright and therefore the free use of the photography can be purchased at an agreed cost.

An extension of the licenses as set out above can be purchased so that they can be used in other areas of your business or marketing material. The copyright to the photography, images, and logos can also be purchased from EPK Media at a mutually agreed price.

Exclusion of Incidental, Consequential and Other Losses

To the maximum amount permitted by law, in no event shall EPK Media or its suppliers be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any other duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use or inability to use your website, hosting, software or any service provided by EPK Media or its support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of our services, even if EPK Media or any supplier has been advised of the possibility of such damages.

It is your sole responsibility to manage all aspects of your Website’s security in respect of credit card and personal details are taken through your Website (including, but not limited to, the security of details taken through website forms, e-mails, e-commerce facilities and any person’s details that may be held on the Website’s server).

Termination

Subject to the overriding clauses above and in any other written agreement, you have the right to terminate your contract with EPK Media at any time, subject to your providing EPK Media with one month’s notice and paying any outstanding invoices or accrued work in progress or liability that has not yet been invoiced. Notice will not be accepted or deemed to be effective until outstanding invoices and liabilities for work carried out are paid in full.

EPK Media reserves the right to terminate any or all of its services to you without explanation at any time. Where possible, termination of any or all services will be accompanied by one month’s notice.

Upon termination of the contract, refunds will not be given for any unexpired periods of service contracts, services or facilities.

Notwithstanding Termination of the contract with EPK Media, you will still be bound by all these terms and conditions including any outstanding liabilities, payment terms, copyright and exclusion of incidental, consequential and other losses.

Acceptance of These Terms and Conditions

These changes are deemed to have immediate effect and apply to current and future contracts and projects that are in progress.

Should you wish to vary the terms of this agreement in the future, this must be in writing and our acceptance of any variation must be evidenced in writing. Verbal evidence will not be acceptable. If we cannot reach agreement on any variations you wish to make, we reserve the right to withdraw our services without notice, at which time the terms of this document will remain binding.