WEBSITE & GRAPHIC DESIGN SERVICES TERMS
Last Updated on August 22, 2019 by Brian Cook
AUTHORIZATION

You are engaging EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media), as an independent contractor for the specific project(s) as described by the package(s) or service(s) you have purchased. In the event, the project is a website or access to your website is necessary, you hereby authorizes EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) access and “write permissions” to all directories and files of your account with EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) or any other third party hosting provider.

REVISIONS

Every EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) comes with up to 2 revisions, unless otherwise specified in the package or service description at the time or purchase. In the event that additional revisions are required, an additional fee may be charged. Once the final design draft has been approved and installed on your site, the design is considered completed. After completion, a charge of $150 an hour is applied to do any alterations.

CREDIT

A link containing wording similar to: “Website Design by Empowering Humans Digital Media” will be placed at the bottom of every web page created (programmed or designed) by EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media). The link may be removed without penalty when client no longer uses any of the EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) created design, functionality or customization.

COPYRIGHT

EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) does not assume any responsibility or liability for the content of the websites it designs and/or hosts. In the event client purchases the content writing service, once the revisions have been completed, EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) is no longer liable or responsible for the content.

CROSS BROWSER COMPATIBILITY

EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) custom designs are designed to be compatible with the latest versions of the major browsers. Any site we create will be view-able in current versions of Internet Explorer, Firefox, Safari & Google Chrome. Because of the nature of web design and programming work, websites always appear differently on different computers. Screen resolution, operating system, and browsing software are just a few examples of variables that may affect the way a website looks. The client must be aware of these possible variations and hold EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) harmless.

PORTFOLIO

EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) may, at its sole discretion, choose to showcase on its website projects the EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) team has worked on, or is working on, including screenshots, a link to the live website, a summary of EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) role in regards to the project, etc. The client must understand and agree that we are in no way committed to displaying, or linking to, their website(s) or online project(s) on our website, but that we may choose to do so, at our sole discretion.

LINKS

This website may provide links to third-party websites. Any such links are provided solely as a convenience to you. EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) has no control over those websites or their content and does not assume any responsibility or liability for those websites. EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Web site, you do so at your own risk.

PROMOTIONS

Promotional offers are not cumulative.

PRICING & PAYMENTS

All prices appearing on this site are subject to change without notice. Once a client of EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media), you authorize EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) to charge the payment method you submitted for all the invoices generated for the services rendered by EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media). In order to change your payment method, simply contact us prior to your payment’s due date.  Late fee's will be assessed at 10% of the payment.

REFUNDS

Refunds for all other products and services offered by EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) are available in full only 24 hours immediately after purchase or before the website planning phase has started. No Refunds are available after your website design has been started.

PROCESS/CUSTOMER LIABILITY

It is important to understand that we cannot make our project resources available to a project indefinitely as we have other obligations. If a project stalls or a client becomes unresponsive for more than 3 weeks, the project will become “inactive” and a re-engagement fee of 15% of the total project cost will be assessed upon re-initiating the project. If there is no meaningful activity for 3 months the project may be terminated without refund.

REFUSAL OF SERVICE

EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.
SEO & HOSTING SERVICES TERMS
SERVICE CONTINUATION AND RENEWAL

In order to ensure uninterrupted service to your website, the service contract will automatically renew unless canceled by the customer. EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) requests that cancellation requests be made via phone or email at least one week prior to the date of renewal. EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) will acknowledge the cancellation notice within 24 hours of receipt. Your satisfaction is important to us and EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) will honor all requests promptly. If you do not receive acknowledgment, please contact a representative as soon as possible.

PAYMENT

Payment on all orders is due upfront. Payment is accepted through any payment gateway service EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) may choose to use. An invoice will be emailed to you once you have placed you order.

REFUNDS

All payments to EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) are non-refundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

ACCEPTABLE USE POLICY

EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) reserves the right to refuse service to any site at our sole discretion. Although we do not believe in censorship, EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media)does not allow the following types of sites:

Websites containing explicit pornographic material
Racist or hate-related websites
File and Torrent sharing sites, including but not limited to any copyrighted software or music files Sites which provide methods for circumventing copy protection (“cracks”, key codes, serial numbers, decoder chips, etc…) are also not permitted.
Any content which is not legal in the United States
SPAM & Bulk Mail

EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) will not host websites which are advertised through unsolicited email, excessive newsgroup crossposting, or off-topic newsgroup and blog posts. What is considered spam is determined at the sole discretion of EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media). We will make every effort to work with our customers to insure that legitimate websites are not shut down due to what may be wrongly interpreted as unsolicited mail. Although we are first and foremost an advocate of our you, our customers, sites in flagrant violation of this policy will be shutdown without a refund of any kind. In addition, to protect the quality of service for all of our customers, any web activity that adversely affects the performance of our shared servers will be discontinued.

WEBSITE HOSTING PLANS

Each hosting plan is allocated a specific amount of resources which is clearly specified on the EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) website. We realize that from time to time, customers may have unanticipated circumstances which cause their websites to use more bandwidth, disk space, or other resources than they have been allocated with their plan. In extreme cases, such overages may result in additional charges or the request to upgrade your service to a more suitable plan. EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) will make every effort to contact you to prevent any unexpected charges or service interruptions. If the resources required by your website negatively impact other customers in our shared cloud hosting environment, we may take steps, including possible temporary suspension of service, to restore normal server operations. Under all circumstances, suspension of service is an absolute last resort and we will make every effort to work with our customers to insure continuous and trouble-free service.

LIMITATIONS OF LIABILITY AND INDEMNIFICATION

Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.

Limited Warranties.
No Other Warranty.
EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media), does not monitor or exercise control over the content of the information transmitted through its servers. Use of the services or any information that may be obtained therefrom is at customer’s own risk. The services are provided on an “as is” basis, and customer’s use of the services is at its own risk. Except as provided in the order form(s), EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media), does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media), does not warrant that the services will be uninterrupted, error-free, or completely secure.

Disclaimer of Actions Caused by and/or Under the Control of Third Parties.
EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media), does not and cannot control the flow of information to or from EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt customer’s connections to the internet (or portions thereof). EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) cannot guarantee that such events will not occur. Accordingly EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) disclaims any and all liability resulting from or related to such events.

Delays and Interruptions
EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) shall not be liable for any loss of data resulting from delays, corruption of data, nondeliveries, mis-deliveries or service interruptions. Customer shall be solely responsible for the selection, use and suitability of the services, and EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) shall have no liability therefor. Except to the extent of EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) gross negligence or willful misconduct, neither EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) nor its network services supplier will be liable for unauthorized access to EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) or customer’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of customer’s data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) or its network service supplier’s negligence.

Indemnification.
Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilized in connection with any of the Services (but excluding any infringement contributorily caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) and its affiliates against any Losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) and its affiliates for all legal expenses, including reasonable attorneys’ fees, incurred by EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) and its affiliates in connection with any such Losses.

Consequential Damages
Except for the parties’ indemnity obligations, in no event will either party be liable or responsible to the other for any type of incidental, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.

ACCEPTANCE

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here and accept our Privacy Policy. EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Please contact us with any questions regarding the EmpoweringHumansDigitalMedia.com (Empowering Humans Digital Media) terms of service by email digitalmedia@empoweringhumans.com
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