Terms of Service Agreement.
By purchasing any service from Mompreneur Media the client is agreeing to the terms of service agreement as expressed below. These policies have been put into place to protect both the client and Mompreneur Media.
Authorization.The client is engaging Mompreneur Media as an independent contractor for the project discussed. The client hereby authorizes Mompreneur Media with full excess to all necessary materials, accounts, resources and programs for project completion. Mompreneur Media will not share, trade , distribute or sell this information, nor are they to be held responsible for any damage or loss of data.
Cancellation and Termination. Either party may cancel and terminate the project at any time for any reason, in such event all work will stop immediately and all payments made prior shall be retained by Mompreneur Media. All liable expenses already incurred by Mompreneur Media or those Mompreneur Media is liable to pay shall be paid by the client in full. If cancellation and termination is done on the part of Mompreneur Media or occurs prior to the design approval no cancellation fee will apply. However if the cancellation and termination is done on the part of the client after design approval the client may be liable to pay 75% of the remaining project balance. In the event of cancellation and termination, Mompreneur Media retains ownership of all copyright and any original artwork.
Copyrights and Trademarks.
The client unconditionally guarantees that any elements of text, graphics, photos, design, trademarks or other artwork furnished to Mompreneur Media for inclusion in the project are owned by the client or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Mompreneur Media from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the client. It is the Client’s responsibility to do a Trademark/Copyright search in order to register their logo as a company Trademark. Learn more at: www.uspto.gov
Mompreneur Media prefers all communication be done through email. Our business days are Monday-Friday, closed Holidays. If you do not receive an email reply from us within 2 business days please send your email again as we may not have gotten it the first time. During the design process please check your email often and respond to ALL questions and requests as soon as possible. If we do not receive a response from you for 14 consecutive days your project may be dropped and your payment will be forfeited.
Completion Date/Turnaround Time. After supplying Mompreneur Media with all necessary information, payments and materials, each client will be given a starting date and turnaround to first draft/proof based on our availability (availability is viewable on our home page). Mompreneur Media will send additional drafts within 5 business days after receiving clients draft reviews and comments. Installation and file hand-off, as applicable, will be completed within 5 business days after any remaining balance is paid and the final draft is approved by client.
Clients Alterations and Technical Support. There shall be no charges to the client for revisions or corrections or additions made necessary by errors on the part of Mompreneur Media. Any changes requested by the client before the approval of the final design are not considered client alterations but draft critiques. The number of draft critiques will be determined prior. If more are needed a fee will apply. Changes requested by the client after design approval and before or after project completion shall be considered client’s alterations and will be charged an hourly rate of $35. Client must pay upfront, an hour at a time (unless stated otherwise via email). If the client wishes to modify or enhance the site beyond minor changes, Mompreneur Media shall be given first option to perform such modifications and enhancements. In such cases a new project order will be written up.
Project Copyright. For branding services, the client will obtain copyright of the final revisions upon receiving the files. All other copyright remains with Mompreneur Media. Upon request, Mompreneur Media will provide client with low-resolution JPEG files of design, but will not supply any layered PSD, AI or EPS files unless a copyright is purchased (contact us for pricing). Client is not allowed, for any reason, to alter, change, duplicate, redistribute or resell any information, draft, image, graphic or design Mompreneur Media provides client with for clients personal or business use. Please do not create or hire another designer, outside of Mompreneur Media, to create something with, based on or similar to our designs. If client should decide to change their design they should remove all Mompreneur Media’s design credit as the design is no longer an accurate representation our work. Mompreneur Media may display completed projects in design portfolios.
Downtime and Hosting Most images will be hosted using the space provided through the clients blog platform or web host. We are not responsible for any error or downtime associated with this space. When applicable client’s images and files will be hosted through our hosting provider. We are not responsible for any error or downtime on their part, but should it occur client is advised to please wait it out. If client’s images and files are not up and viewable within 4 hours they may contact us for an overview on the issue and an estimated time of it’s solution. If desired client may provide us with a replacement hosting provider (site and login info) to which we will switch said images and files over to. In such event the client will be given full control of the new location but the copyright will continue to remain with us.
Payments. Payments for services provided hereby shall be in accordance with the conditions contained in these terms. All listed prices and price quotes are in USD. Mompreneur Media will accept no payment outside of PayPal. All orders under $600 must be paid upfront in full before project can begin. All orders over $600 may be paid for in two parts: 50% upfront, 50% before installation or file hand-off. For orders in case collection proves necessary, the client agrees to pay all fees (including all attorney fees and court costs) incurred by that process. The client agrees that for purposes of venue, this agreement was entered into Lewis County, Washington, and any dispute will be litigated or arbitrated in Lewis County, Wasington, and the client hereby consents to the personal jurisdiction of the Washington State courts. Furthermore, the client waives any right to claim of sovereign immunity. Due to the nature of our services, there are no refunds after the design work has already started.
Credit Line. At the bottom of each blog and website Mompreneur Media will include a small credit line . This credit line will link to http://mompreneurmedia.com and will be written as follows: “Design by Mompreneur Media”. On personal projects this credit line, including text and link must remain intact, clearly viewable and unaltered. For professional/business projects, client may request this line be omited. On personal blog design projects, a button will also be installed on client’s sidebar.
Legal Notice. The entire risk as to the quality and performance of the completed project is with the client. Mompreneur Media does not warrant that the functions contained in the project will meet the clients requirements or expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. All web sites at time of completion will be compatible with the latest versions of Internet Explorer and Mozilla Firefox, Mompreneur Media is not be held responsible for any functionality or design errors that may occur with the use of any other browser. Mompreneur Media is not to be held responsible for the function of the favicon, load times, or any other errors occurring due to reasons beyond Mompreneur Media’s control. In no event will Mompreneur Media be liable to the client or any third-party for and damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the operation of or inability to operate the project, failure of any services provides, of any telecommunication carrier, of the internet backbone, of any internet servers, your or your sites visitor’s computers or internet software, even if Mompreneur Media has been advised of the possibility of such damages. If any provision shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed serviceable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Warranties and Liability. Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of Mompreneur Media. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold Mompreneur Media harmless from any claim resulting from the client’s publication of material or use of those materials.
Indemnification. Client agrees that it shall defend, indemnify, save and hold Mompreneur Media harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Mompreneur Media’s involvement in the client’s project. This includes Liabilities asserted against the Developer, it’s subcontractors, it’s agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless Mompreneur Media against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Electronic Commerce Laws. The client agrees that the client is solely responsible for complying to any government laws lees, taxes and tariffs affecting internet electronic commerce, and will hold harmless protect and defend Mompreneur Media from any claim, suit, penalty, tax or tariff arising from the clients exercise of internet electronic commerce.