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Terms and Conditions

 

Copyright

All website design, graphics, text, the selection and arrangement thereof, underlying source code, software and all other material on this website are copyright Fruitful Media Ltd, and its affiliates, or their content and technology providers. ALL RIGHTS RESERVED. Any use of materials on this website - including but not limited to; reproduction for purposes, modification, distribution, or republication without the prior written consent of Fruitful Media Ltd is strictly prohibited.

Trademarks

All product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, FRUITFUL MEDIA LTD IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, FRUITFUL MEDIA LTD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information of products and services are subject to change without prior notice. Except as specifically stated on this website, to the fullest extent permitted by law, neither Fruitful Media Ltd nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Website content and hosting

Fruitful Media Ltd does not take responsibility for websites created at the customer's request. It is the customer's responsibility to ensure all content is accurate and legal. In no event will Fruitful Media Ltd accept any responsibility for the content of any information made available on or through a website created by Fruitful Media Ltd.

Fruitful Media Ltd unlimited web space and bandwidth policy means unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any backups, downloads, or other non-web based content. Multimedia content such as audio and video is acceptable provided it is streamed to the user; links to HTTP download of this content are not acceptable. Fruitful Media Ltd offers a streaming media service for this type of content.

System Licensing

All source code for systems licensed by Fruitful Media Ltd is the property of Fruitful Media Ltd.

Payment

Any Fruitful Media Ltd customer who results in late payment is subject to suspension. The suspension will take place the date the invoice becomes overdue and will affect all of the services of the customer. This includes but is not limited to pay per click management, search engine optimisation, affiliate management, support, websites, FTP sites, all email accounts plus any other services purchased from Fruitful Media Ltd. No bills or invoices will be sent by regular mail unless previously agreed. Invoices for those customers who pay by cheque will be sent via e-mail 1 week before payment is due. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services. All payment is in UK Sterling.

If any payment is overdue, Fruitful Media Ltd has the right to charge interest at 10% per annum above the base/lending rate of Barclays Bank plc in force from time to time, from the date that payment is due until the date the full amount due is received. Such interest shall occur on a daily basis. Fruitful Media Ltd reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act of 1998.

Fruitful Media Ltd reserves the right to charge a reconnection fee of £200 to reactivate disconnected services. The reconnection fee will apply in all cases where services have been disconnected or suspended due to non-payment or late payment.

Termination

Fruitful Media Ltd has the right to investigate and remove any material that is libelous or offensive.

Fruitful Media Ltd reserves the right to terminate any service suspected to be acting in a suspicious or illegal manner until proven otherwise.

Fruitful Media Ltd has the right to terminate an account without compensation with immediate effect and with no warning if a customer is found to be attempting to compete with the services offered by Fruitful Media Ltd.

Fruitful Media Ltd at its discretion can terminate the relationship with immediate effect by written notice or by email to the customer if found that the customer has undertaken activities that cause negative results to any service Fruitful Media are actively managing - thus threatening the reputation of Fruitful Media's practice.

Fruitful Media Ltd at its discretion can furthermore terminate the relationship with immediate effect by written notice or by email to the customer if the customer was found in breach of any of Fruitful Media Ltd's prevailing Terms and Conditions.

Once the relationship is terminated any system or website owned by Fruitful Media Ltd will be taken offline and no longer be functioning, websites provided under the maintenance option are always without exception the property of Fruitful Media Ltd.

Pay Per Click Accounts

Pay Per Click accounts created by Fruitful Media Ltd are the property of Fruitful Media Ltd. Account access to such accounts cannot under any circumstance be granted.

In the event of a termination or where Fruitful Media Ltd ceases to deliver a service by either Fruitful Media Ltd or at the request of the customer, Fruitful Media Ltd reserve the right to retain any account without providing further access. However, Fruitful Media Ltd may set a fee at which the account can be purchased for.

Under no circumstance may the customer make any changes to the account during the period when Fruitful Media Ltd is managing the account to bids or otherwise without the prior written permission of Fruitful Media Ltd.

Fruitful Media Ltd will in all cases following any termination, revert PPC accounts to the condition they were in before Fruitful Media Ltd managed them.

Source Code

The underlying source code ("Code") is the sole property and copyright of Fruitful Media Ltd (“Fruitful Media”), no amendments to the Code, including but not limited to, any additional features to the Code may be made without the prior written permission of Fruitful Media. Fruitful Media may use the Code as it wishes, and it may furthermore, sell the use of the Code to third parties, for the avoidance of doubt, the underlying ownership of the Code, and will still vest with Fruitful Media.

Any system or website developed by Fruitful Media is property of Fruitful Media. Fruitful Media may in its absolute discretion release the Code for a set fee, however, Fruitful Media will still retain full copyright and other intellectual property rights over the Code, and any changes made to the Code must be approved by Fruitful Media in writing.

Certain sections may also be encrypted as those may form a crucial part of Fruitful Media's other systems and therefore cannot be released for potential security risks.

Once the client relationship is terminated for any reason whatsoever, any system/website owned by Fruitful Media will be taken offline and shall no longer be functioning. Websites provided under the maintenance option are always without exception the property of Fruitful Media.

Data/Statistics

Fruitful Media Ltd may use any of the data collected including but not limited to statistics via online marketing for their own marketing material in any way they see fit.

Pricing

Prices and pricing structure are subject to change with prior notice.

Confidetiality

All information provided by Fruitful Media Ltd shall be deemed confidential. This includes but is not limited to all email/written correspondence. Any access provided to the client for any accounts including but not limited to system administration access and pay per click accounts is strictly confidential and may not be shown or shared with anyone outside the organisation without prior written consent by Fruitful Media Ltd.

Governing Law and Jurisdiction

Your use of this website and any purchase from Fruitful Media Ltd shall be governed by English Law. English courts shall have exclusive jurisdiction.

Fruitful Media Ltd reserves the right to alter any of the above Terms and Conditions at any time without any prior notice.

 

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