Terms and Conditions

The following Terms and Conditions of Service apply to all products and services provided by Mediaplus Digital Pte Ltd.

All work is carried out by Mediaplus Digital Pte Ltd on the understanding that the client has agreed to Mediaplus Digital Pte Ltd’s terms and conditions.

Copyright is retained by Mediaplus Digital Pte Ltd on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by Mediaplus Digital Pte Ltd as fulfilling the contract. All other designs remain the property of Mediaplus Digital Pte Ltd, unless agreed in writing that this arrangement has been changed.

 

Project Acceptance

At the time of proposal, Mediaplus Digital Pte Ltd will provide the customer with a written estimate or quotation. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Mediaplus Digital Pte Ltd. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Mediaplus Digital Pte Ltd terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by Mediaplus Digital Pte Ltd.

 

Design Charges

Charges for design services to be provided by Mediaplus Digital Pte Ltd will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Mediaplus Digital Pte Ltd has received this amount.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

 

Source Files

Charges for design work do not cover the release of copyright design files including indd, psd, png, fla or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.

 

Charges for Other Services

Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

 

Payment

The customer will be provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable to Mediaplus Digital Pte Ltd. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.

Payments may be made by cash, bank transfer or cheque made payable to Mediaplus Digital Pte Ltd. Publication and/or release of work done by Mediaplus Digital Pte Ltd on behalf of the client, may not take place before cleared funds have been received.

Returned cheques will incur an additional fee of SGD$30 per returned cheque.Mediaplus Digital Pte Ltd reserves the right to consider an account to be in default in the event of a returned cheque.

 

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Mediaplus Digital Pte Ltd shall be considered entitled to remove Mediaplus Digital Pte Ltd and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Mediaplus Digital Pte Ltd reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

 

Copyrights and Trademarks

By supplying text, images and other data to Mediaplus Digital Pte Ltd for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Mediaplus Digital Pte Ltd on behalf of the customer, will remain the property of Mediaplus Digital Pte Ltd and/or its suppliers.

The customer may request in writing from Mediaplus Digital Pte Ltd, the necessary permission to use materials (for which Mediaplus Digital Pte Ltd holds the copyright) in forms other than for which it was originally supplied, and Mediaplus Digital Pte Ltd may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Mediaplus Digital Pte Ltd, the customer grants Mediaplus Digital Pte Ltd permission to use this material freely in the pursuit of the design.

Should Mediaplus Digital Pte Ltd, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Mediaplus Digital Pte Ltd to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Mediaplus Digital Pte Ltd free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.

 

Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that Mediaplus Digital Pte Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.

 

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Mediaplus Digital Pte Ltd, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Mediaplus Digital Pte Ltd and any of its relevant sub-contractors.

All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Mediaplus Digital Pte Ltd will not be held responsible for any and all damages resulting from such claims. Mediaplus Digital Pte Ltd  is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Mediaplus Digital Pte Ltd responsible for any such loss or damage. Any claim against Mediaplus Digital Pte Ltd shall be limited to the relevant fee(s) paid by the customer.

 

Data Formats

The client agrees to Mediaplus Digital Pte Ltd definition of acceptable means of supplying data to the company.

Text is to be supplied to Mediaplus Digital Pte Ltd in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP.

Images which are supplied in an electronic format are to be provided in a format as prescribed by Mediaplus Digital Pte Ltd via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Mediaplus Digital Pte Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. Mediaplus Digital Pte Ltd cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.

 

Design Project Duration

Any indication given by Mediaplus Digital Pte Ltd of a design project’s duration is to be considered by the customer to be an estimate. Mediaplus Digital Pte Ltd cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Mediaplus Digital Pte Ltd for the initial payment or by date confirmed in writing by Mediaplus Digital Pte Ltd.

 

Rights of Access for Website Construction The client agrees to allow Mediaplus Digital Pte Ltd all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Mediaplus Digital Pte Ltd access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The customer agrees to supply Mediaplus Digital Pte Ltd with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

 

Website design only Mediaplus Digital Pte Ltd requires that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that requires changes to the template will incur an additional charge.

Once web design is complete, Mediaplus Digital Pte Ltd will provide the customer with the opportunity to review the resulting work. Mediaplus Digital Pte Ltd will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include minor textual changes and minimal adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Mediaplus Digital Pte Ltd by e-mail.

Mediaplus Digital Pte Ltd will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

 

Hosting websites

Mediaplus Digital Pte Ltd offers a limited in-house hosting services through an out-sourced virtual server. Mediaplus Digital Pte Ltd does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Mediaplus Digital Pte Ltd may request that clients change the type of hosting account used if that account is deemed by Mediaplus Digital Pte Ltd to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Mediaplus Digital Pte Ltd‘s virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and Mediaplus Digital Pte Ltd are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.

 

Domain Registration

Mediaplus Digital Pte Ltd cannot guarantee the availability of any domain name. Where Mediaplus Digital Pte Ltd is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.

 

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Mediaplus Digital Pte Ltd cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

SEO Projects

All payment for SEO packages are payable on quarterly, half yearly and yearly basis only.

Mediaplus Digital Pte Ltd will not be accountable for results fluctuations due to changes in search engine algorithms.

There will be NO changes in keywords selection once the SEO project commences.

All additional keywords requirements or changes in keywords will be chargeable after project commences.

Any alterations that differ from the initial agreed campaign will result in delays and changes to the projected timeline as initially agreed.

Mediaplus Digital Pte Ltd reserves the rights to reject any add on requests and/or amendments after project commencement.

Mediaplus Digital Pte Ltd will not be liable for any losses and/or potential losses caused directly/indirectly by campaign result fluctuations in the duration of the campaign.

SEM Services

All payments for SEM services are payable on quarterly, half yearly and yearly unless agreed and stated in the signed quotation.

Mediaplus Digital will not be accountable for results fluctuations due to changes in search engine algorithms. 

 

Mediaplus Digital Pte Ltd will not be liable for any losses and/or potential losses caused directly/indirectly by campaign result fluctuations in the duration of the campaign.

 

All SEM services will be on auto renewal with the conditions as per the signed quotation until a termination request is put up by the client.

 

All cancellation will have to be written and requested at least 1 month prior to the cancellation date. 

 

Mediaplus Digital Pte Ltd reserves the right invoice for the full campaign amount in event of abrupt cancellation.

 

The Client Is allowed to pause the SEM project for a maximum of 4 weeks for up to 2 times during the campaign period. Subsequent requests for postponement of the SEM project will Incur an extra fee of $499.

 In the event that there has been a delay In the payment for the SEM project, MediaPlus Digital will have the full discretion to pause the project until the payment Is received.

SMM Projects

The Client Is allowed to pause the SMM project for a maximum of 4 weeks for up to 2 times during the campaign period. Subsequent request for postponement of the SMM project will Incur an extra fee of $499

In the event that there has been a delay In the payment for the SMM project, MediaPlus Digital will have the full discretion to pause the project until the payment Is received.

 

Limited Liability

In no event shall MediaPlus Digital be responsible for any consequential, special, punitive or other damages, including, without limitation, lost revenue or profits, in any way arising out of or related to any of the services fulfilled as per the endorsed Contract / Proposal.

 

Force Majeure

MediaPlus Digital is not liable for a failure to perform any of its obligations if: (a) that the failure was due to war, riot, revolution, act of piracy, act of sabotage, violent storm, cyclone, earthquake, tidal wave and floods which are not seasonally expected

(b) it could not reasonably be expected to have foreseen its effect upon its ability to perform at the time of the conclusion of the Contract

(c) it could not reasonably have avoided or overcome it. MediaPlus Digital shall promptly notify the Client of any such event. If the affected party is MediaPlus Digital and such an event lasts longer than 30 days.

MediaPlus Digital may, without penalty, liability or further obligation, terminate the Contract.

Maintenance Packages

12 months web maintenance packages are payable on a Yearly or Half-yearly arrangement only.

Man – hours will be prorated based on package signed and amount paid.

Half yearly activity and update reports will be automatically generated for clients reference. Reports will include records of man hours exhausted and balance man hours left in the package.

Scope of works in web maintenance is limited to updating and upgrading the versions of the website to keep the website up to date.

Content update and Creation of artwork can be included if the scope of update is within the current features and functionality of the website.

A minimum of 3-5 working days lead time depending on the scope of works is needed for the requested updates to take place.

Enhancement of capabilities and features of the website will be charged as additional scope of work.

All tasks will utilize a minimum of 30 minutes each.

Un-utilized man-hours will be forfeited upon contact maturity.

Clients can choose to have an early renewal or take on monthly ad-hoc tops if the maintenance hours are exhausted prior to the end of the maintenance terms.

Tech Support

12 months for tech support for all projects developed and “Live” by Mediaplus Digital Pte Ltd starting from the “Live” date.

strictly limited to de-conflicting and debugging tech issues within the website only.

 

Projection handover Support

There will be a period of up to 2 weeks from the day the project is “Live”. The scope of work includes uploading of content, training and assistance from the project management team.

A minimum of 1-2 working days is required for any requests.

Design Credits

The customer agrees to allow Mediaplus Digital Pte Ltd to place a small credit on printed material exhibition displays, advertisements and/or a link to Mediaplus Digital Pte Ltd own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow Mediaplus Digital Pte Ltd to place websites and other designs, along with a link to the client’s site on Mediaplus Digital Pte Ltd own website for demonstration purposes and to use any designs in its own publicity and portfolios.

 

Rights of Refusal

Mediaplus Digital Pte Ltd will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Mediaplus Digital Pte Ltd also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Mediaplus Digital Pte Ltd does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Mediaplus Digital Pte Ltd to remove the contravention without hindrance, or penalty. Mediaplus Digital Pte Ltd is to be held in no way responsible for any such data being included.

 

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Mediaplus Digital Pte Ltd will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Mediaplus Digital Pte Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Mediaplus Digital Pte Ltd remains as the sole owner of all content created and working files until the required payment is received.

 

Disclaimer

Mediaplus Digital Pte Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Mediaplus Digital Pte Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Mediaplus Digital Pte Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Mediaplus Digital Pte Ltd responsible for any such loss or damage. Any claim against Mediaplus Digital Pte Ltd shall be limited to the relevant fee(s) paid by the customer.

Mediaplus Digital Pte Ltd reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Mediaplus Digital Pte Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

 

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Mediaplus Digital Pte Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

 

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Mediaplus Digital Pte Ltd, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.mediaplus.com.sg.

An estimate validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Mediaplus Digital Pte Ltd.

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