Digimedia Marketing Agency
Terms & Conditions
Effective as of January 1, 2017
Thanks for choosing Digimedia Marketing Agency. Please read these Terms & Conditions, which contain important information about your relationship with Digimedia Marketing Agency.
WEBSITE DESIGNER SERVICE AGREEMENT:
This website design services agreement is intended as a legally binding agreement between Digimedia Marketing Agency and [Client Name] ______________________________, collectively known as the “Parties”.
Client has agreed to allow the above website designer to create, develop, design, test, and host a website according to the above-mentioned scope of work.
Website designer is interested in undertaking such work; and client and website designer mutually desire to set and agree to the following terms and conditions as listed.
Client hereby retains the services of Developer to design and develop and necessary additional items as listed in accordance with the proposal submitted by Developer to Client and signed on [Proposal.Date].
Changes to this Agreement or to any deliverables in this contract must be submitted in writing and approved by both parties prior to taking place.
Developer agrees to notify company if any risks or schedule delays may take place effecting delivery dates and presentation of the final website.
Developer agrees to personally present said website on [Presentation.Date] at a location suitable to both Parties for final approval and acceptance by Client.
Client shall provide Developer with appropriate space and resources for such presentation to take place.
Developer shall provide all necessary computers and staff to effectively achieve such Presentation.
Client’s website will not include any of the following unless previously agreed upon between both parties.
Any destructive, crude, insulting, harassing, violent, sexual, or any other inappropriate content unless requested by the client.
All materials to be supplied by client must be provided with compatible file types and sizes.
Until final approval, no portions of above site will be made available to end users without the correct password and username combination.
Upon completion and approval of its final Web Site, or upon termination of this Agreement, whichever occurs earlier, the Developer shall deliver any and all materials developed in the course of its performance under this Agreement and any other items deemed necessary for the operation of [Website.Name].
Documentation shall be delivered in either printed or electronic format as agreed upon by both parties. If code is delivered in electronic format, any and all files shall be provided in compatible file formats.
If this Agreement is terminated prematurely or after the agreed backup term, Developer will destroy any and all copies, files, and documents related to this website development services agreement.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING:
We will supply to your account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
Client’s also can provide website hosting services for the Developer. Clients are responsible for extra charges for website hosting and it has to be one of the websites recommended from Developer. Wix.com, Bigcartel.com and/or Shopify.com.
Any and all modifications are expected to be completed within [Number.Days] business days of developers’ acknowledgment depending on level of repair or maintenance request.
Developer agrees to provide reasonable access to any parties authorized by the Client for purposes of website audits, updates, or modifications.
OUR FEES AND DEPOSITS:
A one time fee or 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. We reserve the right not to commence any work until the deposit has been paid in full. All prices listed are in U.S Dollars. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses or 45 calendar days whichever is earlier.
We work sincerely & dedicatedly to satisfy you. Our refund policy works as below: 100% Not refundable.
Refund not applicable on domain registration fees.
Refund not applicable for express service clients.
Refund not applicable for any delays out of our control.
Refund not applicable once website is completed.
Refund not applicable on web hosting fees.
Client may terminate this website development services agreement at any time by providing written notice via email or certified mail to the Developer. Developer may cancel this agreement in the same manner if necessary.In the event that this website development services agreement is cancelled by either party, the Developer shall issue a final invoice for any unbilled time or materials. The Client agrees to pay the final invoice according to the terms of this website development services agreement.
This website development services agreement shall be governed by the prevailing laws of Hybrid Marketing Agency, Chicago Illinois, USA. Should any conflicts arise related to this agreement, the Parties agree to seek a suitable resolution through a neutral arbitrator, whose ruling shall be considered final and binding on both parties.
This website development services agreement shall be invoiced on a time-and-materials basis. The Developer shall deliver an invoice before starting the website and once the website is finish a total of two invoices. Client agrees to pay each invoice within 30 days of receipt from the Developer.
Thanks for choosing Digimedia Marketing Agency. Please read these Terms & Conditions (“T&Cs”), which contain important information about your relationship with Hybrid Marketing Agency, including mandatory arbitration of disputes between us, instead of class actions or jury trials. You will become bound by these provisions once you accept these T&Cs.
WHO IS THIS AGREEMENT WITH:
These T&Cs are an agreement between you and us, Hybrid Marketing Agency, and our controlled subsidiaries, assignees, and agents.
HOW DO I ACCEPT THESE T&Cs:
You accept these T&Cs by doing any of the following things:
giving us a written or electronic signature or confirmation, or telling us orally that you accept;
activating, using or paying for the Service.
If you don’t want to accept these T&Cs, don’t do any of these things.
When you accept, you're telling us that you are of legal age (which means you are either legally emancipated, or have reached the age of majority as defined in your jurisdiction) and that you are able to enter into a contract. If you accept for an organization, you're telling us that you are authorized to bind that organization, and references to "you" in these T&Cs may mean the organization.
YOUR CONSENT TO BE CONTACTED:
We may contact you without charge, on any wireless telephone number assigned to your account for any purpose, including marketing messages, and in any manner permitted by law. You also expressly consent to be contacted by us, and anyone contacting you on our behalf, for any purpose, including billing, collection, or other account or service related purpose, at any telephone number or physical or electronic address where you may be reached, including any wireless telephone number. You agree that Hybrid Marketing Agency, and anyone contacting you on our behalf, may communicate with you in any manner, including using a pre-recorded or artificial voice, or using an automatic telephone dialing system to place calls or send messages, alerts, or an automatic e-mail system to deliver email messages. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account.
WHAT IS THE TERM OF THESE T&Cs:
You are free to go, although we’d be sad to see you leave. No contract, cancel anytime policy with a 30-day notice. You are responsible for all Charges incurred through the end of your Service term. In addition, cancellation of Service may affect other agreements that you have with us, including website host, domain name(s), email marketing, advertisement campaigns.