Website Terms and Conditions

These are the terms and conditions of the Waterdown Media website (we, our, us, Site). This policy applies domain-wide across waterdownmedia.co.uk, including any subdomains (example.waterdownmedia.co.uk) and on every subpage (waterdownmedia.co.uk/legal). 

By continuing to use this site, you agree to be bound by all the terms and conditions as well as all disclosures, disclaimers and our privacy policy. If you disagree with any part with these terms and conditions then you must terminate your use of our site immediately and permanently.  

We reserve the right to change our terms and conditions, including our privacy policy, without any prior notice to you. 

Website Availability

We do not guarantee your continued use of the website and any part of the website, or all of it, may be removed without prior notice for you for maintenance. We cannot take liability for any losses you experience as a result of our content being inaccessible to you,

No agency-client relationship

Browsing content on this website does not form an agency-client relationship with you. Any information found on this website should not be a substitute for your own independent legal, financial, managerial or otherwise advice. If you require such advice, please consult your own professionals before taking any action.

Providing free advice of any kind does not create an agency-client relationship, we do not make any warranty or guarantee over the information we provide. As such as were not liable for you own or a third party’s damages, losses, or other consequences experienced as a result of you receiving free advice. 

 

Individual Licence

When downloading any products, or receiving any services, be them free or paid you to agree to receive a limited non-transferable licence to access these products and services. This licence may be revoked if you have violated our terms and conditions, and we have the right to terminate this licence at any time subject to the paragraph below. 

If you have a contract with us, the termination clause contained therein will supersede this clause for the specific paid services contracted. 

Intellectual Property

The website and it’s contents including but not limited to all videos, courses, free and paid digital downloads are owned or licenced by Waterdown Media and are protected by copyright and other intellectual property rights afforded to us. 

You may not resell, distribute, republish, repurpose or otherwise use said Intellectual property for any commercial use or non-personal use unless you have received our written permission.

Content bylined “Waterdown Media Team” or from our staff authors (“Jake Symons”) may be quoted up to 150 words providing clear credit is given to Waterdown Media with a citation back to the original article. 

Examples of acceptable citations:

In this study by Waterdown Media [link to original article ] they found “insert quotation here”.

Jake Symons wrote [link to original article] “insert quotation here”.

We do not licence the use of content by guest contributors. 

Third-party intellectual property

Our website may also use trademarks and other intellectual property from third parties (for example, our portfolio page may include client logos). All intellectual property and trademark rights remain with the respective rights holder and are used with permission. 

You may not use, for any reason, third party intellectual property found on this Site in any circumstance. 

General Terms

When using our Site, you also agree to all the general terms below. 

To comply fully with any and all applicable laws

To not make available content that infringes on the copyrights, trademarks, or other rights of individuals who you do not have the right to make available.

You will not make available content that could be perceived as breaking English law such as sexually explicit content of minors. 

You will not make available content that infringes the privacy and rights of another individual, such as revealing their personal information.

You agree that any and all content you post to the Site follows the Comments Policy.

You will not partake in fraudulent or misleading practices, including by not limited to false representation or false association.

You will not partake in any activity that attempts to interfere or damage our own or third-party systems including but not limited to uploading viruses, attempting hacking attempts or trying to gain unauthorised access. 

To acknowledge we have the right to terminate your access to our website for any reason without prior notice. 

Website Content Disclaimer 

Waterdown Media and our affiliates do not guarantee the completeness, accuracy or suitability of the information or materials shared across this website. Any action you take based on the information or materials on this Site is entirely at your own risk, and we are not liable for any consequences caused by our information, or a lack of it, including in the event it is unavailable to you. 

We may also add, change or remove content on our Site at any time without prior notice.

 

Results / Earnings Disclaimer

We may share first-hand results from our own data sources (such as Google Analytics) as well as from clients where we have their written permission to do so.

Even if you use the same strategies, techniques, ideas, products or services that we do, you may not get the same results. These results are based on our own experience or that of our clients. It may or may not work for you, and these results are not to be interpreted as a promise or guarantee of any kind as to the results you will get

Any financial data we share is our own experience or that of our clients. Because of this, we cannot guarantee your earnings from using the tactics and strategies. It is also possible that you may lose money, employing some of the tactics and strategies listed on our website. We are not responsible for such losses. 

Individual results and/or earnings may vary, and every individual and company has a unique level of commitment, skill, experience, industry, among other factors and applies the information differently. These results serve the purpose of showcasing what is possible; they do not represent typical experience. 

 

Testimonials / Reviews Disclaimer

We may share testimonials and reviews on this Site that have been provided to us by our clients directly. Our clients also have the option to review us on a number of platforms – such as Google.

We do not offer compensation of any kind for testimonials. Apart from correcting typos, we do not make any edits to them either.

Each testimonial only reflects the view of the individual, and we cannot guarantee you’ll get the same results by using the same service. 

 

Portfolio Disclaimer

We will not list your business in our portfolio or publicly disclose we have worked with you unless we have your written permission. 

Where permission has been granted, we will not include confidential information that is not publically accessible in your listing. 

All third party intellectual property in our portfolio or showcased on the Site is the property of the respective rights holder. 

 

Quotations:

We provide all quotations in good faith that they are an accurate estimate of our final price of the works needed. All quotations are valid for 30 days. 

Quotations are invalid if we discover factors which affect our ability to complete the work not known at the time the quotation was given including but not limited to the receipt of additional information or an issue with a third-party service.

Quotations do not constitute a contract until it is signed by Waterdown Media and yourself (our client). We reserve the right to turn down work even after a quote has been provided. 

 

Last Updated 12th November 2020

These terms are applicable if you have a paid service contract with us.

Please note that these are our general terms and shared here for example purposes. If a specific contract is signed between us, those terms will supersede these. All other terms and conditions contained in our Legal Hub remain entirely in effect.

If you have previously used an agency (or freelancers) and have your own contractual agreement you would like us to sign please send it to our team for review.

 

General Terms

You must ensure that all the information you provide to us is complete and accurate. We have the right to terminate our contract if we have inaccurate information that prevents or changes how we offer our services. You must inform us of anything that affects our work with you, including the presence of another third party.

Under money laundering regulations, we may, at times, require you to provide identification as part of our due diligence checks. We will not be able to provide you with our services if you decline to partake or fail such checks.

Our contract will have one or more deliverables – the works to be done. Changes to these deliverables must be in writing, and we both reserve the right to decline such requests. We take email requests from authorised individuals named in our contract to be legally binding unless otherwise stated.

You agree not to attribute or hold us to account for your own or a third parties work, including any modification of our own work.

Service Specific Terms

Search Engine Optimisation

Waterdown Media does not guarantee a #1 ranking on any one keyword, or an increase in the volume or positions of the keywords you rank for. Rankings may go up as well as down and Waterdown Media cannot quantify an increase in sales from using our services.

We are also not responsible for additional costs received as a result of our services, for example, increased hosting costs with increased website traffic.

Pay Per Click Advertising

Waterdown Media does not take on payment responsibilities for PPC and all PPC is to be billed to our clients directly.

We will not set your ads to run over your maximum budget allocation determined in our contract. If your ads go over budget this could be because of over-delivery or a change by your team.

We are not responsible for an increase in costs based on your, or third parties actions in your account. We will not work on a PPC account that has other third parties managing it. If this is not disclosed to us, we have the right to terminate your contract with immediate effect.

If you terminate our access to your PCC account(s)without prior notice, we have the right to terminate our contract immediately and cannot be held liable for any increase in costs or consequences caused to your PPC account(s) thereafter.

We cannot guarantee that your PPC adverts will always be live, or the number of clicks you may receive.

Textual Content

Unless previously agreed you are responsible for providing text content for web development projects. We don’t take responsibility for any content you provide including spelling and grammar checks, though we aim to fix any obvious errors.

Graphical Content

Unless previously agreed you should supply all graphic files for your website and social media accounts. These should be sent to us in a publishable format that can be uploaded to the platform they’re going on.

We are able to source free stock photos however we do not offer graphic creation services unless previously agreed.

Technical Support and Testing

When completing a website design we test in Firefox, Chrome, Safari and Edge. We only test in the latest stable versions and do not test with any other browser unless previously agreed.

If you require additional compatibility with older / different browsers this needs to be stated upfront. If not, this will only be completed if an additional charge is paid.

For the duration of the project, we may speak to your domain and hosting company on your behalf at your request. To do this we may need a phone pin and your account number which will be treated in confidence.

Once a project is signed off we are no longer responsible for the maintenance of a website. If you would like additional changes or hosting resolutions they’ll be a separate contract for that.

Payment

All payments are to be made in Pound Sterling unless you have our written permission to pay us in another currency.

Payment is to be provided within 30 days of an invoice being raised. We have the right to terminate our contract if you fail to pay. We also have the right to deny you future services until outstanding invoices are paid.

If applicable to our contract, late fees are charged at 5% plus the Bank of England base rate.

Refunds Policy

Social Media Management

As this is a digital service, we’re unable to offer refunds on works done. You may cancel your contract with us at any time. On cancellation, we will stop work immediately and bill up to that point, There are no cancellation fees.

Blog Posts

We accept payment on delivery for blog posts so if you’re unhappy for any reason with the work done you may request a revision. You have the right to decline payment if you’re unsatisfied with the work.

By declining payment, you agree that you will not be transferred any rights to the work and acknowledge we may reuse the blog for ourselves or another client providing it does not infringe on your intellectual property rights.

Our blog posts are sold “as is” which means we do not issue refunds after you have purchased them.

Other Services

Please refer to the specific terms contained in our contract.

Monthly-fee contracts

When contracts are on a pay-monthly basis you have the right to cancel your contract without penalty at the end of the month within the notice included in your contract.

If you choose to terminate immediately, you may be liable to pay a percentage of that month’s fee as detailed in our contract.

Digital Downloads & Courses

This applies if you have purchased and have downloaded or have been provided with digital assets from us or an online course from us.

If you’re not completely satisfied with your download you may ask us for a refund for any reason. Please send us an email to [email protected] with proof of purchase (such as your invoice) and a refund will be issued back to the original payment method within 5 working days.

Termination

Either party may terminate the contract as per the notice period in our signed contract.

If we terminate any contract we will give you the rights for and any and all works completed to that point.

For hourly or monthly contracts, providing we have provided notice, you will be charged to the end of the contract.

For fixed-fee work, you will receive a full refund whether or not notice has been provided.

If we terminate a contract immediately for any other reason than a breach of contract you’ll receive a full refund.

If you terminate an hourly / monthly contract with notice you will still be charged until that point.

If you terminate a fixed-fee project with notice you will not be charged any your deposit will be refunded. If you terminate a fixed-fee project without notice we may retain your deposit to cover our costs.

Late fees are still applicable so once we raise a final invoice it will still be due whether or not the contract has been terminated. A final invoice will be raised on termination in the above circumstances.


Immediate Termination

Without prejudice to other rights, either of us may terminate our contract if any of the following are true.

You fail to provide payment on the due date or threaten not to provide payment.

You prohibit us or make it difficult to carry out the deliverables for factors not known at the time fo the contract being signed. This includes but is not limited to, a third-party working alongside us or a change of a password.

There is a breach of any clause of our contract.

All other rights and liabilities will continue including any provision stated to survive such terminations.

Warranty

Your use of this website and any products or services, including our advice entirely at your own risk as our services are provided on an “as is” basis. We do not imply, or expressly give any warranties on our website and our products and services including but not limited to fitness for purpose and merchantability.

Exclusion of liabilities

These terms apply to the maximum extent permitted under English law.

We are not liable for a direct or indirect loss of profit, business, goodwill or any consequences to yourself or any third party whatsoever, howsoever, which arise out of our contract, or in connection to our services even if you have advised us of them.

We will perform our services with reasonable skill and care however we do not guarantee our work will be error-free. Our liability for any loss suffered with you will be limited to the contractual value of the goods.

You agree to indemnify and hold harmless Waterdown Media, our directors, joint venture partners, employees, contractors, agents or anyone affiliated with the company against claims of losses, liabilities, damages or otherwise arising from your use of the website our products or services, or your reliance on our opinions notwithstanding any negligence, breach of contract or other theories of liability. None of your consumer or statutory rights are affected.

We agree to identify and hold harmless you and your affiliates and from any claim of loss, liability damage or otherwise incurred directly or indirectly as a result of this agreement, or a breach of it. Your liability to us will be limited to the contractual value of our services plus late fees.

For the avoidance of doubt unless your contract is terminated by us, or a refund agreed to, no clause in this contract wavies late fees. They are still required if either of us terminate the contract with notice or you terminate your contract without notice as detailed above.

You are responsible for having the necessary insurance to cover any damages, loss or otherwise you may experience from the provision or non-provision of our services.


Confidentiality

We may disclose to each other certain confidential information when we provide you services. We both agree not to disseminate this to any third party without prior written consent unless legally obligated by an enforcement body to do so.

Confidential information will be kept in the strictest confidence and will never be used for any purpose without your written consent other than for the purposes of providing services, and to fulfil our legal obligations to law enforcement agencies.

Employees of Waterdown Media may receive such information will be informed of its confidential nature and will only use it to allow Waterdown Media to provide the services. Employees will be under contractual non-disclosure agreements within their contract of employment.

These restrictions will not apply to any information that becomes generally publically available through no violation of this contract, was available to Waterdown Media before entering into this agreement, becomes available to us from a third party not bound by a confidentiality agreement or NDA with yourself.

All confidential information will be kept in it’s original form, no copies, reproductions or extracts will be held by Waterdown Media. We may keep Confidential Information for an unspecified time limit for business practices (such as evidence of works done if disputed in a court of law).

This clause remains true unless in writing by both parties after this contract expires, even in the event it is terminated.

 

Intellectual Property Rights:

You retain full rights to your intellectual property at all times during contract, and after it’s termination.

You agree that everything you provide to Waterdown Media, including but not limited to text, images and artwork, are either owned by you, or you have correct rights to use. You will protect Waterdown Media from any claims that we have used the intellectual property of a third party on property that has been provided by yourself.

We agree that all content we offer you has been created by us, owned by us, or we have the necessary license to use from a third party. Providing payment has been made we will assign you the intellectual property rights for all our works.

You will have full ownership of all assets we create for you, and we will provide all source files and written confirmation of this fact.

We do not retain your intellectual property rights for the purposes of our portfolio and will only re-share your assets on our channels (website, social etc) with your written permission.

This excludes sharing your social media posts using built-in features (such as retweeting) or linking to your website from our own.

Force majeure

We reserve the right to defer the start date of our contract or cancel it entirely if we are prevented from, or delayed in carrying out our business due to circumstances beyond our reasonable control including but not limited to Acts of God or government actions. 

Severability

If any term in these Terms and Conditions is held to be unenforceable under applicable law, all other terms will remain in full force and effect.

Governing Law

All matters relating or arising to this Agreement shall be governed under English law and you agree to submit to the exclusive jurisdiction of the English courts for that purpose.

These terms are subject to change at any time without prior notice with you. Where there is a conflict between the terms contained in our contract and these terms, the contractual terms signed by both of us will superseded these ones.

If we need to update the terms and conditions of our specific contract, we will give you sufficient notice determined by the termination time. You will have the option to decline the contract or accept the revised terms at that point.

Text Notes:

In this Agreement words importing the singular number include the plural and vice versa; words importing the masculine gender include the feminine and neuter genders. The word “you” or “person” includes an individual, body corporate, partnership, trustee or trust or unincorporated association, executor, administrator or legal representative.

This text is used for example purposes to show you the terms in our contract and may change without notice. Always refer to the specific terms and conditions in our signed contract to those in effect, and enforced by us.