The terms given correspond with the definition supplied, these terms apply throughout the Terms and Conditions.
Additional fee
A fee payable in respect of additional services, changes, revisions or excess usage quotas limits on services including but not limited to hosting (bandwidth).
Additional services
Any services request by the client in addition to the agreed project specifications.
Agreed project specification
Both the Client and Cascade Media come to an agreement for the project requirements.
Bandwidth
The amount of data transferred over a network connection.
Measurements are given in megabytes.
Change request / Alteration
A request to change, modify or alter the project, made by either Cascade Media or the Client.
Cascade Media
Cascade Media as (Sole Trading) owned by Grant Kellie and utilising location as given.
2 Denhead Brae
Coupar Angus
Blairgowrie
PH13 9FG
Client
The customer, business or person making use of at least one service of Cascade Media.
Content / Material
Physical or digital material / content such as
text
audio
video
branding
graphics
photography
documents
or any other materials
Client requirements
The information and descriptions given by the Client for the requirements of the project.
Confidential
Information specified by Cascade Media or the Client given with reasonability, regard the given information as Confidential.
This includes without limitation
intellectual property rights
trade secrets
know-how
source code
licences
object codes
software & hardware
Contract
The Contract between Cascade Media and the Client consists of the following.
Project plan
Signed Terms and Conditions
Non-refundable deposit
Commencement date
The date upon which Cascade Media receive the Clients signed copy of the terms and conditions and/or the date upon receiving and clearing the deposit funds from the Client.
Conditions
Referring to the Terms & Conditions.
Equipment
Physical or digital systems, goods, services including but not limited to Computers, Servers, Hardware, peripherals.
Force majeure
Any situation that affects fulfilling contractual obligations by means related to omissions, accidents, acts and/or events that are beyond reasonable control of either Cascade Media or the Client.
Situations shall include the following...
lockouts or industrial action
civil commotion
riots
invasion
war threats or preparation for war
Natural physical disasters
cybernetic attacks
Impossibility of the use of transportation
Hosting fee
Fee payable in regard to the hosting & domains service.
Intellectual property rights
patents
inventions
trademarks
copyright
licences
software
source codes
database rights
Technical information
object codes
designs (registered or unregistered)
confidential material
know-how
Intellectual property rights
Whether existing inside the United Kingdom or elsewhere.
Launch date
The date given after Cascade Media completes the project and the Client fulfils the full payment.
Maintenance fee
Fee payable in regard to the maintenance & support service.
Minimum contract terms
The minimum period given to a contract or service.
Outage
Any period in which the Client cannot…
process an application/ transaction
send/ receive emails
gain access to provided services / websites
as a result of maintenance, hosting support or Force majeure.
Project fee
The fee payable in accordance to the Project plan.
Project
Services request by the Client that shall be provided by Cascade Media.
Project plan
The document containing the
projects specification
projects objectives
projects development
timeline
milestones
costing outline
terms of payment
Project specification
The description / brief containing basic content and functionality requirements of the project.
Project development
The design & development
Reoccurring fee
A fee that reoccurs after a given term.
Source code
Any code and/or programming used in/on the Clients project.
Service / Services
any services provided by Cascade Media to the Client including but not limited to website design, dynamic website, email, hosting, domain name registration, search engine optimising, marketing, bandwidth provision, training, equipment.
Term
The period of time given that a contract and/or service shall last.
Website storage
A means in which digital / electronic files and information is stored persistently.
Legal
Terms and Conditions
Cascade Media may modify these terms and conditions at any time.
Existing Clients shall be updated of changes made to these Terms and Conditions and the effects shall take place with renewal of services in use by the Client.
Minimum contract term
The Contract shall begin on the Commencement date.
Unless specified on the Contract, the minimum Contract term for a service provided will consist of 12 Months from the Commencement date.
Copyrights
The Client or associates of the Client guarantees that any content or material provided to Cascade Media is owned by you and/or your company or have been given permission and/or licence to use material for your projects and services undertaken by Cascade Media.
Trademarks
The Client warrants the right to use any applicable trademarks and/or provided materials for use in relation to a requested service or services.
Proprietary Information
Proprietary Information exchanged between the Client and Cascade Media shall be treated as such by all parties.
This information shall include, but not limited to the agreement, project and services provided or information supplied or pricing.
The Client or any parties involved with the Client services and/or projects shall not modify, disassemble, decompose, copy, reverse engineer, recreate or redistribute any Source code or technology delivered to the Client from Cascade Media.
The Client agrees to accept the Licence agreements of all software, source code or technology provided for any service or project.
Intellectual property rights & Licences
All intellectual property rights developed by Cascade Media used in services and/or projects will remain to Cascade Media.
The Client shall take full responsibility to obtain the clearance, consent and/or authorisation and shall make use of lawfully the content, material, designs, domain names, trademarks or any other content/material for use in services and/or projects.
Upon agreement of the contract, the Client shall grant Cascade Media a non-exclusive, non-transferable, royalty-free, worldwide licence to use the Clients material and/or content in relation to the services and/or projects provided by Cascade Media.
Force Majeure
Cascade Media is not liable for any breach within the contract for delays or failure in performance of any parts of these terms and conditions and the commitments to the contract from acts, events, omissions or accidents beyond reasonable control of Cascade Media that will affect the ability to perform, Including but not limited to natural physical disasters, invasion, war, threat or preparation for war, cybernetic attacks, hardware failure, software failure, lock outs, industrial action, strikes or the possibility that means of transport & shipping or political interfere with normal operations.
Warranties
The Client represents, undertakes and warrants to Cascade media that they the client shall use equipment, services and projects provided/allocated in a lawful manner and for lawful purposes.
The Client shall secure and protect any identification, passwords or any other sensitive credentials or information that would result in the breach of the Clients account or result in the breach of security and/or theft or loss of information elsewhere provided by or related to Cascade Media and/or used by the Client.
The Client shall secure and protect any identification, passwords or any other sensitive information connected with the Clients account, should the Client become aware or suspects unauthorised access or usage of their account or has a breach of security including the loss or theft of sensitive data, passwords or other secure information, the Client must notify Cascade Immediately.
Service Usage
The Client in no circumstances shall use services and projects supplied by Cascade Media:-
to post, link or transmit content / material that contains malware, viruses and/or is malicious, damaging, detrimental, destructive, defamatory, pornographic, blasphemous, profane, unlawful, threatening, hostile, abusive, exploitative, immoral or otherwise objectionable.
The Client shall provide and assist Cascade Media as reasonably required for the performance of obligations under the contract for services and/or projects.
If the Client conducts and continues illegal or disruptive use of services, Cascade Media shall send an email and/or letter to the Client to inform of the discontinuation of services, if the client does not resolve the situation(‘s) within one day (24 hours) of receiving the email or within three days (3 days / 72 Hours) ) of receiving the letter, Cascade Media reserve the right to refuse and restore services until the Client resolves and guarantees there will be no continuing infringements.
Liability
Cascade Media cannot warrant that services shall be uninterrupted and/or error free by means internal and/or external of provided services or 3rd party services.
The Client understands and accepts that Cascade Media has no control over information transmitted by the Client or users of the Clients on services provided by Cascade Media.
Cascade Media cannot be made liable and shall not accept any liability of a 3rd party service or supplier, nor shall Cascade Media accept any liability in respect of the use by the Client any domain, hosting or other services, any disputes arising from external suppliers / services of the Client must be handled directly with the applicable supplier.
Assignation
The Client may transfer the contract in whole or in part to another party with all parties (Cascade Media, Client and Transferee) agreeing in writing or email.
Law
If any part of the Contract is held to be unenforceable, remaining enforceable provisions of the Contract shall in no way be affected.
The Contract shall be governed and construed by the laws of Scotland, United Kingdom and the Client shall as a result of the Contract submit to the jurisdiction of the Scottish Law.
Cascade Media will attempt to register the Clients chosen Domain name; however, Cascade Media cannot guarantee availability or registration of Clients chosen domain(‘s).
The Client shall have no right to form a claim against Cascade Media were the domain name has been refused registration or cancellation of the domain name in respects to the associated / relevant domain naming authority.
The registration and use of the domain name request or in use by the Client is subject to the Terms and conditions given by the associated naming authority.
The Client shall ensure Cascade Media it is aware of the associated terms and conditions and shall comply as required.
Terms of Payment
Additional Services, Changes & Revisions
Within reasonable means, The Client may request additional services, changes and/or alterations for existing Contract/Projects by written or email with at least 30 days’ notice prior to the end of the Contract and/or Service.
Requests made by the Client that Cascade Media has approved, the Client shall be issued an amended Project plan and quote for requests, upon which if the Client accepts the quote shall be invoiced, once the agreed payment in partial or full has been received, the agreed request can commence.
Renewals
The Client may terminate a service involving re-occurring renewal by notifying Cascade Media in writing or by email with at least 30 days’ notice has been given before the end of the Contract and/or service.
Invoices for renewal shall be sent to the Client in the form of an email and/or letter 60 days before the service or domain and hosting renewal and a reminder shall be sent 30 days before the renewal is due.
Excess usage
Provisions of required and/or request services shall be allocated within the Contract.
If the Client uses above allocated service provisions, the Client shall be notified and invoiced accordingly for the relevant excess service in accordance to the project in use.
If the Client requires additional provisions such as additional Bandwidth or Website storage , the Client must send an email and/or letter to Cascade Media 30 days prior to the relevant service renewal.
Charges & Payments
Payment Method
All payments are to be made in UK Pound Sterling (£).
Services and Projects provided can be withheld temporarily until payment is received or may even lead to termination of the Contract with the Client accepting liability for any costs involved with the Contract, Project or Services provided.
Price increases
Services in use “Such as but not limited to, web hosting & domains / maintenance” by the Client may incur price increases over time, Cascade Media shall inform the Client of these price increases in the Renewal reminder email and/or letter.
Default
If the Client Fails to pay Charges on provisions provided or excess use of provisions allocated, Breaches the Contract or Is subject to Bankruptcy, liquidation, insolvency, Cascade Media shall without notice be entitled to suspend Services in part and/or for a limited period of time.
While Services are suspended, the Client will remain liable to fulfil payment of Charges or shall Terminate the Contract.
Cancellations & Termination
The Contract may be terminated in writing or by email by the Client or Cascade Media where at least 30 days’ notice has been given before the end of the Contract.
Where Cascade Media has notified the Client, All remaining Charges that remain from the Contract shall be paid in full by the Client on the expiry date of the Contract.
Where the Client has notified Cascade Media for termination of the Contract, The Client shall pay in full remaining Charges within 30 days from the date Cascade Media receives notification of the request.
If the Client wishes to revoke termination of the Contract, The client must inform Cascade Media that they wish to continue with the Contract in full or in part “informing the service(‘s) or project(‘s) they wish to continue with”.
Policy changes
Cascade Media may update this policy without notice at any given time.
The Terms and Conditions was last updated on the 21st December 2019
