By placing an order with O’Rourke Media Ltd, you confirm that you are in agreement with and bound by the Terms and Conditions below.

Definitions:
The Client: The company or individual requesting the services of O’Rourke Media Ltd.

O’Rourke Media Ltd: The Company, its employees and/or affiliates which provide goods and/or services to The Client.

General
O’Rourke Media Ltd will carry out work only for clients who are 18 years of age or over.  An 'order' is deemed to be a written or verbal contract between O’Rourke Media Ltd and The Client.  This includes email agreements.

Programming, broadcasting and other staff remain employees of O’Rourke Media Ltd at all times.  In the event that a member of O’Rourke Media Ltd’s staff is offered a position with The Client, The Client undertakes to notify O’Rourke Media Ltd and agrees that an additional fee for a permanent introduction shall be payable by The Client.

Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free from  errors, O’Rourke Media Ltd cannot accept responsibility for any losses incurred due to malfunction of the website or any part therof.

The website, graphics and any programming code remain the property of O’Rourke Media Ltd until all outstanding accounts are paid in full.

Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by O’Rourke Media Ltd and/or it’s affiliates remain the copyright of O’Rourke Media Ltd and may only be commercially reproduced or resold with the express permission of O’Rourke Media Ltd.

O’Rourke Media Ltd cannot take responsibility for any copyright infringements caused by materials submitted by The Client. O’Rourke Media Ltd reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief as supplied by The Client will be carried out at the discretion of O’Rourke Media Ltd and, where no charge is made by O’Rourke Media Ltd for such additions, O’Rourke Media Ltd accepts no responsibility to ensure such additions are error free and reserves the right to charge an according amount for any correction to these or further additions.

The Client agrees to make available as soon as is reasonably possible to O’Rourke Media Ltd, all materials required to complete the website to the agreed standard and within the set deadline.

Although every effort is made when estimating time-frames, O’Rourke Media Ltd will not be liable for costs incurred, compensation, or loss of earnings arising from the failure to meet agreed deadlines.

O’Rourke Media Ltd will not be liable or become involved in any disputes between The Client and its customers, and cannot be held responsible for any wrongdoing on the part of a website owner.

O'Rourke Media Ltd will not be held responsible for any of the images used on client's web sites, whether supplied by us or by The Client or for any copyright infringements thereof. All images supplied by O'Rourke Media Ltd are to the best of our knowledge, royalty free, unless The Client has specifically insisted on using a non-royalty free image or images, for which they are willing to pay the license fee. The suitability, origin, copyright and royalty status of images used on The Client’s web site and any copyright infringements which may arise now or in the future are the sole responsibility of The Client.  The Client agrees that O’Rourke Media Ltd will not be held responsible in any way.

O’Rourke Media Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of The Client or any of The Client’s appointed agents.

O’Rourke Media Ltd will not be liable for any costs incurred, compensation, or loss of earnings due to the unavailability of the website, its servers, software or any material provided by its agents.

A deposit of 30% is required in advance before any web design work will be carried out.
Once a website has been designed and completed, the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If The Client decides they no longer want the website, as they have commissioned the work and paid a deposit, they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Database, Application and E-Commerce Development
O’Rourke Media Ltd cannot take responsibility for any losses incurred by the use of any software created for The Client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with The Client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by O’Rourke Media Ltd remain the copyright of O’Rourke Media Ltd and may only be commercially reproduced or resold with the express permission of O’Rourke Media Ltd.

Where applications or web sites are developed on servers not recommended by O’Rourke Media Ltd, The Client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is The Client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The Client is expected to test fully any application or programming relating to a web site developed by O’Rourke Media Ltd before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, O’Rourke Media Ltd will endeavour (but is not obliged) to correct these issues to meet the standards of function outlined in the brief.

Compatibility
O’Rourke Media Ltd will endeavour to ensure that any developed/designed web site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. O’Rourke Media Ltd can offer no guarantees of correct function with all browser software.

Website Hosting
Although we are very proud of our reliability record, O’Rourke Media Ltd can offer no guarantees as to the availability or interruption of our hosting services.  O’Rourke Media Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

O’Rourke Media Ltd reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate hosting services should the necessity arise.

Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the policy of O’Rourke Media Ltd that any outstanding accounts for work carried out by O’Rourke Media Ltd or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with O’Rourke Media Ltd.

Once a deposit is paid and work completed, The Client is obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or O’Rourke Media Ltd has not been contacted regarding any delay in payment, access to the related web site/s and associated email accounts may be denied and web pages removed.  O’Rourke Media Ltd will then pass such cases to the Small Claims Court to pursue payment.  Non payment can result in County Court Judgements (CCJs) being added to The Client’s credit rating.

Following persistent non-payment of an invoice, O’Rourke Media Ltd’s solicitors will contact The Client in question, with a view to taking the matter further and if necessary, seek payment through legal procedures, or possibly court summons.

Complaints Procedure

Informal procedure
Clients who experience problems with their web service provided by O’Rourke Media Ltd should initially raise the matter directly by either calling O’Rourke Media Ltd’s office number or by sending an email, giving sufficient information to locate the material in question (such as the URL of the web page concerned) and clearly outlining the grounds for complaint.  Every effort will then be made to resolve the situation immediately.

Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to O’Rourke Media Ltd.  Receipt will be acknowledged and the matter will be investigated with the utmost urgency.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Changes to these Terms and Conditions
O’Rourke Media Ltd reserves the right, at its sole discretion, to change, modify, add to or remove any portion of these Terms and Conditions, in whole or in part, at any time. Changes will be effective when posted on this web page. The Client agrees to review these Terms and Conditions of use periodically in order to be aware of any changes. The Client’s continued use of services provided by O’Rourke Media Ltd after any changes to these Terms and Conditions have been posted, will be considered acceptance of those changes.

These Terms and Conditions shall be governed by and be construed in accordance with the laws of England and Wales and each party hereto agrees to submit to the jurisdiction of the English Courts.

www.orourkemedia.co.uk