Welcome to Ambit New Media

Like all companies, however, we necessarily trade under terms and conditions. These are not only for our own protection but also for the protection of our clients as a whole. Please contact us if you have any enquiries or concerns over legal matters.

The internet, as a relatively open communication system, carries with it additional risks of misuse, either accidental or deliberate. We ask our clients, therefore, to adhere to our Acceptable Use Policy (AUP) which is stated below. Just as we are concerened about security issues, we ask our clients to take security very seriously and recommend that they review and follow our security guide.

In accepting Ambit New Media services, the client agrees to the Acceptable Use Policy and the Terms and Conditions which follow, and agrees to indemnify Ambit New Media against any claim, costs or liability incurred as a result of the client’s use of these services.

Acceptable Use Policy

"The Company" means Ambit New Media Ltd or any person firm company or organisation acting as an employee franchisee licensee or agent of Ambit New Media Ltd.

This policy may be revised, without notice, at any time, at the sole discretion of the Company. It is the client's responsibility to ensure that they comply with the latest edition of the AUP at any given time.

1) use their accounts or the services of the Company for any illegal act or purpose.

2) re-sell, rent out, or share use of the service, or any part thereof, to, or with, any other person or organisation, except as agreed with the Company.

3) attempt to breach the security of any machine or mount an attack against any machine operated by the Company.

4) run any program that monitors network packet data or any program that compromises the privacy of network traffic.

5) run unauthorised mailing lists from or through any of the Company's machines or mail servers.

6) "spam" or flood the Internet with unwanted, unrequested emails.

7) communicate log in names and passwords to any third party, except for agencies (such as web page designers) working on your behalf. We must be notified immediately if log in details are compromised.

8) transfer confidential information by unencrypted email.

9) run scripts such as ASP, PHP or Perl unless approved in advance by the Company.

10) use the facilities provided by the Company to convey transmit or make public any material which is defamatory, pornographic, confidential, secret, illegally acquired or in breach of the laws of the UK.

1) keep a secure record of log in names and passwords. The Company's staff may not have access to your password's current setting. The Company reserves the right to require the use of digital certificates for access to administrative areas of our servers..

2) notify the Company immediately if log in details are compromised.

3) notify the Coompany of any change of contact details. All contact details will remain confidential and we will not supply this information to third parties, other than when requested by a recognised legal authority.

4) abide by the UK regulations on Data Protection and any European legislation on Distant or Internet trading.

5) abide by any relevant regulations concerning copyright and ensure they have the rights to use any material used on their sites or transmitted by them via e-mail.

6) take details of credit cards or other confidential information via their web site only through the Secure Socket Layer (SSL) facilities of the server. Credit card information should only be left on the server in encrypted form and deleted from our server as soon as possible after the order has been accepted for processing.

6) pay all fees by their due dates and notify us of the cancellation of any account, in writing, at least 14 days in advance of the renewal date of that account.

8) accept responsibility for ensuring that their data is suitably backed-up. The Company will keep backups of web pages and other material, but can offer no guarantee that files can be correctly restored.

9) follow the guidelines relating to security posted on this site and amended from time to time. The Company may require clients to agree to a code of practice relating to security matters.

10) at The Company's request, immediately remove any material from public web sites, discussion forums or download areas that The Company believes to be defamatory, pornographic or in breach of the laws of the UK.

In the event of a client not adhering to this policy we reserve the right without notice or explanation to suspend or terminate the client's account, to remove the client's material from our servers, to make reasonable charges for additional work incurred by us as a result of the client's non-adherence and to take further legal action if necesssary. Re-supply of services on a subsequent date will be deemed to run from the original renewal date, regardless of the intervening time period.

This is dealt with fully in the Terms and Conditions below, but clients should note particularly that liability for any loss of service for which the company is responsible shall not exceed an amount of the service fee proportionate to the time during which service was lost. The Company will not accept liability for any consequential losses of any sort nor for any loss or damage arising from the theft of data held on its servers.

Terms and Conditions

1 Definitions

"The Company" means Ambit New Media Ltd or any person firm company or organisation acting as an employee franchisee licensee or agent of Ambit New Media Ltd.

"The Client" means any person firm company or organisation who requests the Company to carry out work.

"Project" means any work requested by the Client from the Company. The project may be carried out by Ambit New Media Ltd or by a limited company acting as as a franchisee, licensee or agent of Ambit New Media Ltd. The project specification, letter of agreement, contract or invoice for the project will name the parties referred to below as 'The Company' and 'The Client'.

"Agreed Schedule" means a series of dates agreed by the Client and the Company for completion of the parts of a Project culminating in completion of the Project as a whole.

"Deadline" means a date agreed by the Client and the Company for completion of part of a Project or a whole Project.

"Agreed Price" is the price in Sterling agreed by the Client and the Company for the execution of a Project excluding value added tax or any other sales tax applicable to the Project unless a written amendment to these conditions has been given by a Director of the Company allowing the Agreed Price to be quoted in another currency.

"Client Material" means material supplied by the Client as source material or to assist in execution of the project in any way.

"Preliminary Work" means work carried out without charge by the Company in order to enable the Client to assess the Company's suitability as producer of a Project or to assess more clearly the features to be included in the Project's specification.

"Project Material" means all material produced by the Company in any form in order to progress or complete a Project.

"Continuing Service" means a service such as web site hosting which is not subject to a particular completion date and is paid for by the Client periodically.

2 Interpretation

The singular includes the plural; one gender includes any other gender; references to a person include references to a person firm company or organisation.

3 Scope

All work carried out by the Company is carried out solely under these terms and conditions unless a concession to the contrary is given in writing by a Director of the Company with respect to a particular situation arising in the execution of a particular Project in which case such concession has no application outside the specific situation for which it was made. In the event of these terms and conditions conflicting with any communication or alleged communication between the Company and the Client these conditions shall prevail. Any failure of the Company to enforce any part of these terms and conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of these terms and conditions. In the event of any part of these terms and conditions becoming legally ineffective or unenforceable this shall not invalidate any other part of these terms and conditions.

4 Jurisdiction

These terms and conditions shall be governed by English law. Nothing in these terms and conditions shall affect the statutory rights of the Client.

5 Projects

Preliminary Work. All material resulting from Preliminary Work is the property of the Company together with all rights in that material unless the material is subsequently incorporated into a Project.

Client Material. All Client Material supplied to the Company at any time in any form and by any means of delivery is accepted solely at the Client's risk. The Company shall not be held liable for any loss corruption damage or misuse of such material. The Company will return and in some cases archive Client Material if instructed to do so but in the absence of such instructions within 90 days of completion of the Project the Company may dispose of the Client Material.

Legality of Material. The Client warrants to the Company that it owns all intellectual property rights in any material which it requires to be included in the Project or has obtained proper authorisation for the use of such material in the Project. Further, the Client shall indemnify and keep indemnified the Company in respect of all costs claims liabilities and expenses to which the Company may be subject as the result of any claim that any part of the Project contains defamatory or obscene matter or infringes any intellectual property rights of any third party. This indemnity shall extend without limitation to any sum paid in settlement of any such claim and to the Company's legal costs resulting from the claim. The Company may use its own copyright material (images, sound or video clips, code libraries and components etc.) within projects. The Company retains the full title, copyright ownership and moral rights for this material and only grants to The Client a non-exclusive licence to use the material for the purposes of the project during its agreed term.

Project Specification. At the commencement of any Project the Client shall agree in writing a Project Specification drawn up by the Company in consultation with the Client. This specification may be a document complete in itself or may also include tender documents or other written communications originated by either the Company or the Client. The specification shall include details of Deadlines which together constitute the Agreed Schedule; of costs which in total constitute the Agreed Price; of criteria which when achieved will constitute fitness for purpose of the finished Project; of design criteria which the Client requires to be met; and of the test programme to which the finished Project is to be submitted.

Modifications. The Client may request modifications to a Project Specification at any time during the course of the Project's development and the Company will always endeavour to comply with such modifications. However, the Client shall be liable for the cost of any necessary additional work, reworking or retesting that may result from such modification and shall agree in writing to modification of the Agreed Schedule in order to accommodate such additional work, reworking or retesting.

Deadlines. A deadline shall be deemed to have been met if the work to be completed by the Deadline is available for collection or inspection by the Client at 5 p.m. on the Deadline date, or is despatched by the Company by overnight Courier or Post to arrive at the Client's premises by mid-day on the following day, or is transferred by e-mail or file transfer protocol or other electronic means to the Client so as to be available to the Client by mid-day on the following day.

Variations in quantity. In the case of processes such as colour printing and CD-Rom replication in which an under run or over run of up to 10% is commonly accepted as part of the process the Client agrees to pay a modified Agreed Price in which the cost of that process is increased or decreased pro rata.

Staged Projects. A Project composed of several distinct stages parts phases or sections shall be deemed a Staged Project. The Company shall have the right in the case of large projects at its discretion to deem that a Project be considered a Staged Project. For the purposes of scheduling and payment a Staged Project is to be considered as a series of completely separate Projects each with its own Deadlines and Agreed Price. Any dispute between the Client and the Company concerning one stage of a Staged Project shall not be a reason for non-payment by the Client of the Agreed Price due on completion of any other stage.

Signing off. On completion of a Project (including testing by the Company) the Company shall make the Project available along with technical test results to the Client and it shall be the Client's responsibility to check that all textual and graphical material conforms to the Client's requirements. The Client shall inform the Company in writing within seven days that such conformity is present i.e. sign off the Project (upon which the Company will invoice the Client for the Agreed Price) or provide a list of modifications that are required. If these modifications are necessary due to neglect on the Company's part they will be carried out free of charge otherwise they may be chargeable under the Modifications clause above. After completion of modifications the Project will be resubmitted to the Client for signing off. When the Project is signed off all risk in the Project passes to the Client.

Beta Testing. Due to the nature of new media and the wide variety of computer platforms in use the company recommends testing by a number of end-users or testers before publishing or circulation commences. Advice will be given on this matter by the Company free of charge and the Company will implement any amendments requested by the Client as a result of Beta testing at minimum possible cost unless any relevant fault is discovered in the Company's work in which case the amendment will be free of charge.

Archiving. Subject to space and convenience the Company may archive completed Projects and other Project Material but is under no obligation to the Client to do so.

Independence of Projects. Any dispute between the Client and the Company concerning a Project shall not be a reason for non-payment by the Client of the Agreed Price due on completion of any other Project or on completion of any stage of any other Project.

6 Liability

General limitations. In any dispute with a Client we will always seek an amicable solution if possible. However, the Company shall have no liability for consequential damages of any sort.

With regard to Projects, the maximum liability to the Company shall be that part of the Agreed Price for the Project that has been paid to the Company. Any claim of fault on the Company's part must be notified to the Company within 28 days of the Project being signed off.

With regard to continuing services, liability for any loss of service for which the Company is responsible shall not exceed an amount of the service fee proportionate to the time during which service was lost. The Company is not liable to the Client in respect of the use of our services either in contract, tort (including negligence) or otherwise for any direct or indirect loss or damage, including any loss of profits, business or anticipated savings, except for death or personal injury resulting from our negligence..

Payment of compensation to a Client is not in itself an admission of fault.

Third parties. The Company shall not be liable for the actions or failures of third parties such as carriers, network service suppliers, providers of ancilliary services or malicious persons, particularly in respect of the theft of data from the Company's servers or systems. Nor shall the company be liable for the actions and failures of other franchisees, licensees or agents of Ambit New Media Ltd acting as third party suppliers to the Company. In the case of any payment such as import duty which is included in the Agreed Price and is subject to Government control any variation in such payment by the Company shall be passed on to the Client. In the case of any element in the Project which is dependent for its cost on currency exchange rates the Company reserves the right to pass on to the Client any variation in the cost of that element caused by fluctuation of exchange rates.

Client Material. The Company shall not be liable for any fault or imperfection caused by the use of Client Material or by any features of Client Material that could not have reasonably been anticipated by the Company. The Company shall have the right to charge for extra work caused by such faults imperfections or features.

Client Instructions. The Company shall not be liable for any fault or delay caused by instructions given by the Client which are ambiguous misleading or insufficiently specific. The Company shall have the right to charge for extra work caused by such instructions.

Technical Limitations. The Company shall not be liable for the failure of any Project when used in conjunction with one particular hardware software or network configuration and shall not have an obligation to correct such failure unless that configuration is stated in the Project specification as an essential context in which the Project must operate and the failure is discovered before the end of a Beta test program. The Company shall not be responsible for the exact matching of colours or the exact appearance of type or exact page layout when these features of a Project cannot be accurately controlled due to the technology such as web browsers which is necessarily employed in Projects.

Deadlines. In recognition of modern business practice we always endeavour to meet Client deadlines. However, time of completion of stages of a Project or of a whole Project is not of the essence and the Company shall not be held liable for any loss directly or indirectly attributable to failure to meet a Deadline.

Force Majeure. The Company shall not be held liable for any delay or failure on its part which is due to any cause beyond the Company's reasonable control.

7 Payment

Invoicing - normal. The Company shall invoice the Client for a Project immediately it is signed off. However, if the time taken to complete the Project has been significantly increased due to Client modifications or the Client does not sign off the Project even though no fault on the part of the Company is claimed by the Client then the Company reserves the right to invoice the Client when in the Company's opinion the Project is complete.

Invoicing - interim. If the Client significantly delays progress on the Project and the Company has already completed substantial amounts of work then the Company reserves the right to submit an interim invoice to the Client for the work already carried out. Such an invoice may also be submitted if in the opinion of the Company there is evidence that the Client is likely to become unable to pay his debts.

Terms. All invoices are due within 30 days of the invoice date and payment shall include value added tax or any other applicable tax. On failure of the Client to make payment on the due date the Company shall be entitled to charge the Client interest at the rate of 1% per calendar month that the invoice is overdue. All work produced by the Company for the Client remains the property of the Company until payment for it has been made in full.

Ambit New Media have adopted a philosophy that assumes the honesty and good intent of clients, and services are provided in as unrestricted a manner as possible.

Acceptable Use Policy