Terms & Conditions


1. Defintions:
"Agreement" shall refer to the agreement between ElsieMedia and the Client for the provision of Services by ElsieMedia to the Client;
"Bandwidth" shall refer to the rate of data transmission in bits per second;
"Confidential Information" shall refer to information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary;
"Client" shall refer to You, an individual or entity which has accepted these Terms of Service;
"Extra Features" shall refer to additional offerings, including, but not limited to, services such as Site Wizards, Matrix Statistics and Password Protection.

2. Payment:
Our website design services are paid for after issuance of an invoice. Payment due 30 days after invoice date. Payment for domain names is generally required before starting the project. No refund will be made once the domain has been registered. Domains are registered for 1 year and you will be informed of payment due prior to the renewal date of your domain. However, if we have not invoiced you for this you are still liable for payment unless we receive notice of cancellation prior to the renewal date.

3. Invoicing:
An invoice will be issued yearly for payment of the hosting, site content maintenance & all other package services. It is up to the client to inform us prior to this time if hosting is no longer required. If invoices remain unpaid for longer than 60 days we reserve the right to turn off the email accounts and take the website offline until payment is made. The client will be informed prior to this occuring in an effort to resolve the situation. If a client continues to pay invoices later than 60 days we will require payment up-front before any further updates are carried out.

4. Design:
All design work is done based on a price agreed between ElsieMedia and the Client. Any extras to the originally agreed project will be charged for. The client will be notified in advance if extra costs will be incurred. A proposed design will be shown on a test site for the client to view. If the client is not satisfied with the design, one more proposal will be made. Small changes to these designs will not be charged for however, any major changes to this will be added as an extra charge to the originally quoted price.

5. Updates:
Depending on the hosting package the client has with ElsieMedia, content updates may be free of charge. Where content is not free or part of our content management system an update service for a client's website will be charged at an hourly rate agreed between the client & ElsieMedia prior to any update taking place. Invoices are issued periodically for payment of this service. If payment for this service is continually late (longer than 30 days) the Client must pay in advance for any further updates done. We endeavour to update your website as soon as possible but large updates need to be planned for and agreed in advance.

5. Hosting/Email:
Our hosting is done on Should any connection fail the other connections automatically take all the traffic. Not only does this mean that connectivity to the Internet is very unlikely to be lost, but it also means that traffic moving to and from their network can choose from a range of paths to get to its final destination. ElsieMedia uses reasonable endeavours to make the server and the services available to the Client 100% of the time but because the services are provided by means of computer and telecommunications systems, we make no warranties or representations that the Service will be uninterrupted or error-free. ElsieMedia is not liable, in any event, for interruptions of service or downtime of the server. ElsieMedia takes reasonable precautions to prevent security breaches of the website.

The website and use of the Services may be used for lawful purposes only and the Client may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Client agrees not to:
a. use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
b. send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
c. publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
d. threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
e. engage in illegal or unlawful activities through the Services or via the Website;
f. make available or upload files to the website or to the Services that the Client knows contain a virus, worm, trojan or corrupt data;
g. obtain or attempt to obtain access, through whatever means, to areas of the hosting business's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers;
h. operate or attempt to operate IRC bots or other permanent server processes;
i. If the Client fails to comply with the Acceptable Use Policy outlined in Clause 'a' above the hosting business shall be entitled to withdraw the Services and terminate the Client's account without notice.

The Client agrees to indemnify and hold ElsieMedia, the hosting business and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the hosting business arising out of any breach by the Client of the terms of this Agreement or other liabilities arising out of or relating to the Website. In no event shall the hosting business be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the hosting business had been made aware of the possibility of the Client incurring such a loss. This also applies to any downtime of the Client's website and any security issues arising.

Web hosting accounts are prohibited from hosting adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory. We reserve the right to charge extra for excessive use of bandwidth caused by any of the above. We will contact the Client prior to implementing any extra charges. We also reserve the right to remove offensive materials from the server or files that are causing excessive downloads.

6. Support:
We provide a basic support system to help with getting started with your email accounts and using the control panel. This service may be charged for if it becomes time consuming at our discretion. We are happy to help with advice but we do not provide an IT support service as such. If you experience a delay in service, such as your email, please check our system status page first before contacting us. If your website is hosted with our business we will endeavour to get a full return to service as quickly as possible. We provide hosting space as a Reseller of the hosting business. As such there is no direct communication possible from the Client to the hosting business. Any technical support issues must be addressed to ElsieMedia. We endeavour to deal with technical support issues as soon as possible, however, service is limited during evenings and weekends.

7. Client Base:
We produce websites for a diverse selection of clients. We reserve the right to withdraw from any proposed project with a client should it be discovered their business involves any of the aforementioned activities.

8. Privacy Policy:
ElsieMedia keeps records of its clients for business purposes only, such as invoicing and contacting regarding new services. We do not pass information on to any third party. Any domain names registered can be registered in the client's name and as such the client maintains full ownership or for privacy purposes the domain can be registered to ElsieMedia for a small nominal fee. Address details will be needed to register the domain if the client wishes to use their own name for registration.