By placing an order (voice, email, signed the agreement) with ME, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
Client: The company or organization retaining ME
Monica Essary: (ME) Retained Contractor
Project(s): Graphic Design, Logo, Print Media, Photography, Videography, Content Creation, Content Marketing, Website Design, Website Development, APP Development, Software Development, Programming, Social Media Management, Website Marketing, Business Marketing, Business Consulting, SEO, Audio, Podcasting, Voice Overs, Media Packages, Media Presentations, Organic List Stacking, Geo Marketing, Location Marketing, and Business Development
Preferred Developer: ME utilizes vendors that we have worked well with over the years. We know and trust these individuals to provide outstanding services and products and trust them to work on various projects.
Third Party: Tools, Products, and Services, created by someone other than ME and/or Preferred Developer
General Terms:
ME Will provide services according to signed and approved agreement. Signed and approved agreements are submitted by email, mobile device, or mail. ME will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between ME and client, this includes telephone, text, video and email agreements.
Projects:
ME will make every effort to ensure that projects (see definitions) for example a, website and/or any scripts, programs, plugins, applications are free of errors, ME cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
All projects, for example, website, graphics and any programming code remain the property of ME until all outstanding accounts are paid in full. Once payment is made in full, ME shall provide a Release Certificate to the Client.
Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by ME or preferred developer shall remain the copyright of ME or preferred developer and may only be commercially reproduced or resold with the permission of ME or preferred developer.
ME or preferred developer cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. marketing campaigns, social media, software, application and/or app. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any coding additions to website briefs provided will be carried out at the discretion of ME or preferred developer and may carry an additional cost. Where no charge is made by ME or preferred developer for such additions, ME or preferred developer accept no responsibility to ensure such additions are error free and reserve the right to charge an according to the amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to ME or preferred developer all materials required to complete the project to the agreed standard and within the set deadline.
ME or preferred developer will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
ME or preferred developer will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion in the project.
ME or preferred developer will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
ME or preferred developer will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
In no event shall ME or preferred developer be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client project or from any information, products and services provided through client sites, even if this project has been advised of the possibility of such damages.
A. In the absence of any negligence or another breach of duty by us, your use of our client website’ is entirely at your own risk.
B. If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
C. We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.
A non-refundable deposit of 50% + Third Party fees for services and products, is usually required with all of our projects before any design work will be carried out unless agreed otherwise with ME.
Once the project has been designed and completed the final balance of payment is then due in accordance with our payment terms.
There are no exceptions to this, i.e If the client decides they no longer want the project, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for the project, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered.
Database, Coding, Applications and E-Commerce Development:
ME cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by ME and/or preferred developer remain the copyright of ME and/or preferred developer and may only be commercially reproduced or resold with the permission of ME and/or preferred developer.
Where applications or sites are developed on servers not recommended by ME and/or preferred developer, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by ME and/or preferred developer before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, ME and/or preferred developer will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
All right, title and interest of every kind and nature, whether now known or unknown, in and to any Intellectual Property created, written, developed, furnished or produced by us during the term of the agreement / project, whether alone or jointly with others and whether or not during work hours, that are within the scope of the agreement, or any applicable Statement of Work shall be the exclusive property of the client.
Compatibility:
ME and/or preferred developer will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Bing, Google Chrome and to an acceptable level with Mozilla browsers, such as Firefox. ME and/or preferred developer can offer no guarantees of correct function with all browser software as they constantly change.
Website Hosting:
Whilst ME recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by OMG. ME cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
ME reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate further access to all web hosting service that the client’s project resides on. ME will remove itself as technical contact on domain registry and notify preferred host provider should the necessity arise. Web hosting is the responsibility of Client. ME acts as the Technical Assistant and only manages the account for client.
Website Optimization:
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites.
We use the guidelines of the main search engines when organically optimizing websites and always aim to achieve first page ranking for your website within the first 14 days of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
ME reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts:
A deposit is required from any new client before any work is carried out. It is the ME policy that any outstanding accounts for work carried out by ME, or its affiliates are required to be paid in full, no later than 15 days from the date of the invoice unless by prior arrangement with Monica Essary.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or ME has not been contacted regarding the delay, access to the related project or website we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgments being added to the client’s credit rating.
Following consistent non-payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be, to seek payment through legal procedures, and if necessary, court summons.
Informal complaints procedure:
Anyone who experiences a problem with their web service provided by ME should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
ME will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure:
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to OMG, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Questions? Please use our Contact Form.
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