Terms & Conditions

All services provided by Hayden-Media to the Customer are subject to the following terms and conditions.

These terms are applicable for all commissions.

Copyright Licensing – Photography
Copyright of all images is retained by Hayden-Media.
We sell Personal Usage Licenses via the gallery, and Commercial Licenses can be purchased by the Media, Publishers, Journalists and other companies for commercial use by contacting us by email or telephone – please see the CONTACT US page. A personal usage license covers anything that a private individual can do themselves with the image. This includes but is not limited to – sharing on social media, printing, emailing, putting on a blog, putting on a gift or memento, putting it on your running clubs gallery or news item, or on your charity fundraising page. Essentially you cannot pass it on to a third party to use. Commercial licenses are required for everything else that is not covered by a personal license. This includes (as examples) and is not limited to: Newspapers (local, regional, national), Magazines, Journalist articles, consumer blogs, magazine websites, publishers websites, company newsletters of employers achievements, advertisers, Sponsors, PR companies, business social media pages (Facebook, Twitter, LinkedIN, etc…). In all cases, use of an image before it is licensed is not authorised and could result in unlicensed usage fees being applied. Therefore it recommended to CONTACT US and license the use of an image before it is used commercially.

Acceptance. A copy of these terms and conditions must be signed by all new customers at the time of submission of work to Hayden-Media, indicating agreement to and acceptance of these Terms and Conditions (an email to Hayden-Media agreeing to these terms and conditions will be acceptable). ALTERNATIVELY, PAYMENT OF AN ADVANCE FEE(S), OR PAYMENT ONLINE IS AN ACCEPTANCE OF OUR TERMS AND CONDITIONS.

Charges: Charges for services to be provided by Hayden-Media are defined in the project quotation that the Customer receives via e-mail or post. Quotations are valid for a period of 30 days. Hayden-Media reserves the right to alter or decline to provide a quotation after expiry of the 30 days. All Web site 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 Customer 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. Charges for web design work does not cover the release of source png or fla files; if the Customer requires these items then a separate quotation can be prepared. Payment for services is due by cheque or bank transfer. Cheques should be made payable to Andrew Hayden and sent to 48 Harlington Road, Mexborough, South Yorkshire, S64 0DF.

Customer Review: Hayden-Media will provide the Customer with an opportunity to review the appearance and content of the any materials during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies Hayden-Media otherwise within ten (10) days of the date the materials are made available to the Customer.

Turnaround Time and Content Control: Hayden-Media will install and publicly post or supply the Customer’s materials or Web site by the date specified in the project proposal, or if no such date is specified, within four weeks of the date initial payment is received from the Customer, unless, a delay is specifically requested by the Customer and agreed by Hayden-Media. In return, the Customer agrees to delegate a single individual as ‘first-point-of-call’ to aid Hayden-Media with progressing the commission in a satisfactory and expedient manner. During projects, Hayden-Media will require the Customer to provide all copy and images. If content is not provided within four (4) weeks of an official request by email or telephone, then Hayden-Media reserves the right to advise the Customer of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email or telephone request then the Customer is considered to be in default of the commission, the project will be terminated and the Customer sent the final invoice for immediate payment. Hayden-Media will agree, at its discretion, to recommence the commission after agreement is reached on a new quotation document and once the original fees have been paid.

Payment: Invoices will be provided by Hayden-Media upon completion of the work for Web Design and any associated services. Invoices are normally sent via email or hard copy. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £25 per month of the total amount due.

Custodian: Where any of our web plans are an integral part of any client’s package(s), Hayden-Media will be the sole custodian of the account ie: domains, hosting, services supplied, etc… for the total duration of the web plan term. If custody release is required for any of the services provided prior to the agreed web plan term being achieved, then any outstanding fees MUST BE PAID IN FULL prior to a release, that is, the web plan fees- or any other service fees – taken out by a client in the first instance, must be honoured in full. Failure to do so will result in Hayden-Media remaining the custodian until these terms are complied with.

Default: Accounts unpaid thirty (30) days after the date of invoice will be considered in default. A further period of up to fourteen (14) days may be allowed to provide Customers with the opportunity to correct any possible oversight. If the Customer in default maintains any information or files on Hayden-Media’s Web space or materials, Hayden-Media will, at its discretion, remove all such material from its web space after this time. Hayden-Media is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Customer’s account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay Hayden-Media reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Hayden-Media in enforcing these Terms and Conditions. Customers agree that Hayden-Media are granted the right to seize any of the customer’s goods if payment is not made.

Termination: Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Copyright: The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Hayden-Media the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Hayden-Media permission and rights for use of the same and agrees to indemnify and hold harmless Hayden-Media from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to Hayden-Media that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery: Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Hayden-Media to return to the Customer any images or printed material provided for use in creation of the Customer’s Web site or materials, such return cannot be guaranteed.

Design Credit: A link to Hayden-Media will appear in either small type or by a small graphic at the bottom of the Customer’s Web site unless agreed otherwise beforehand. If a graphic is used, it will be designed to fit in with the overall site design.

Access Requirements: If the Customer’s Web site is to be installed on a third-party server, Hayden-Media must be granted temporary read/write access to the Customer’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations: Hayden-Media cannot accept responsibility for any alterations caused by a third party occurring to the Customer’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Domain Names: Hayden-Media may purchase domain names on behalf of the Customer. Payment and renewal of those domain names is the responsibility of the Customer. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Hayden-Media. The Customer should keep a record of the due dates for payment to ensure that payment is received in good time.

General: These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer’s signature (below if hard copy) or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law: This Agreement shall be governed by English Law.