Terms of Service (TOS)

The terms of services from EmergingMediaPartners.com and associated media consulting agencies [hereafter referred to as “EMP”] constitutes agreement to these terms.

These terms last edited July 2017

All Digital Marketing, Consulting, Custom Development, Branding, Video Production, and Ongoing services provided by Emerging Media Partners (EMP) are subject to the following terms and conditions.

Communication & Project Management

Our staff is available via phone and email for project communication and/or sales discussion.

Video chat sessions may be scheduled ahead of time to be conducted over Skype, Google Hangout, Facebook Video, various web conferencing solutions such as Webex or Go-To-Meeting or other platforms as decided between EMP teams and the client.

Cloud hosted tools such as Google Docs and Google Sheets are utilized to store important project information, tasks, project assets and can or will be shared with the client to access.

Project management software such as but not limited to Trello or Basecamp may be utilized to manage tasks, progress and status, important assets (image, video, text, audio, documents, other) and more.

Usual response time to sales and production requests is 12-72 hours or  (1-3 business days) excluding weekends and holidays, depending on the complexity of work and/or question.

Estimates & Contracts

Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.

New estimates issued are subject to price-increases based on team availability, rate changes, and other factors.

Privacy Policy

We hate spam just as much as you do. We will never share your information with third parties unless required to do so by law or requested by you. The information we collect from you will be used to maintain your services with us and to represent the quality of our work to others, such as in our online portfolio.

As needed by a project, client information may be provided to subcontractors or fulfillment partners as to complete a project.

Charges & Fees

Ongoing services such as website maintenance, hosting, search engine optimization and social media or others require an active credit card or debit card on file. Payment via check is available; however, it requires a minimum of 3 months (1 business quarter) to be paid for ahead. Discounts are given for semi-annual (6 months) and annual prepayments (1 year).

All new web design projects require an initial 50-65% deposit that will be due at contract signing. The remaining balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.

All new web design projects that exceed $3,600 US can be split into three payments. An initial deposit of 1/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost will be due upon acceptance of the design. The final balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.

Any check payments that do not clear will be charged a $35 fee. Emerging Media Partners (EMP) retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause).

Payments

Emerging Media Partners (EMP) accepts payments via Cash, Check, PayPal and all major Credit Cards. Your payment should come from PayPal available funds or credit card.  Your project will not be released to you or uploaded until full payment is received.

Payments can be made online via our website either by entering a custom amount or picking out an existing product, packaged service or retainer offering.

The packages available may include consulting hour retainers, website and custom website design, social media, video production, graphic design & branding services, digital strategy and security optimization among others.

Coupons may be offered via email newsletters, social media advertisements, and other marketing means. Unique coupons may also be offered to a client with a 24-48+ hour expiration date to incentivize fast clearance of invoices or project payments. Finance and admin staff are under no-obligation to extend missed deadlines of coupons provided to customers and full price may be required to move forward.

Hours of Operation

Our business hours are Monday-Friday from 9am-5pm Pacific Standard Time (PST).  If you require maintenance or project work after the posted hours, such as on nights, weekends or holidays, you will be charged our base rate of $85 per hour with an additional charge of $45 per hour for after hours assistance.

Web Site Design Credit

All Emerging Media Partners (EMP) custom web design clients will have a Design by: Emerging Media Partners (EMP) link on their website in the footer of every page. Exact messaging may change and may also include our logo or similar image asset. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay Emerging Media Partners (EMP) a fee of $250 to have this link permanently removed. Should you have a new layout designed for your site by a company other than Emerging Media Partners (EMP), you may remove the credit from your website. Thank you.

Copyright & Ownership

Upon completion of the project, Emerging Media Partners (EMP) transfers all rights and ownership of CUSTOM designs and programming written by Emerging Media Partners (EMP) to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.

Ownership and copyright of all template or stock imagery used during services remain with Emerging Media Partners (EMP) or the content creator and are not transferred to the client.

Emerging Media Partners (EMP) reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by Emerging Media Partners (EMP) but not in legal use by the client.

Emerging Media Partners (EMP) reserves the right to display websites and graphics that have been designed by Emerging Media Partners (EMP) on their website, and in any marketing material to aid as examples of our work.

Refunds

Emerging Media Partners (EMP) requires a deposit before we begin work on any project. A request to terminate services must be presented to Emerging Media Partners (EMP) in writing. Emerging Media Partners (EMP) may provide a guaranteed turnaround for your project in your proposal/estimate. If we fail to complete your project within 90 days of the guaranteed end date AND you have turned in all content, images and information requested by us, you will receive a 50% refund within 30 days of your written request. Otherwise, please follow the refund terms below.

Video production projects are non-refundable primarily due to planning, travel, time resources utilized.

Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.

Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.

Other monthly services such as SEO, blogging, website maintenance, hosting and others are non-refundable. Upon request, a 25% credit of what was paid may be able to be applied to other services, a decision left to the discretion of the EMP management team.

Non-Communication

If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

Chargebacks

Emerging Media Partners (EMP) will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project. We charge a $25 fee for any chargebacks in addition to re-payment of amount charged back due upon receipt.

Liability

Services purchased from Emerging Media Partners (EMP) are provided “as is” without warranty of any kind that the web design project, consulting or other services will be uninterrupted or error free. In no event shall Emerging Media Partners (EMP) be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, consulting, products, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.

International Customers

We are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via Credit Card. This is non-negotiable.

Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Exclusive jurisdiction and venue is as governed in the district court of Orange County, California.

Acceptance

Please note that by submitting your Deposit or downpayment for our services you are agreeing to all of our terms of service as written here. Emerging Media Partners (EMP) reserves the right to change or update these terms at any time without prior notice.

Subcontracting

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

Ongoing Support & Internet Marketing Services

Are subject to the above terms and are paid on a yearly, monthly or hourly basis depending on the agreement details as stated in the original estimate(s).

Licensing

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

Search Engines

We do not guarantee any specific position in search engine results for your website. We perform basic and advanced search engine optimisation according to current best practice. The longer the engagement and more aggressive the budget, the higher the likelihood

Consequential Loss

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Webilicious ® under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

E-Commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify EMP and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

Cross Browser Compatibility

By using current versions of well supported content management systems such as “Joomla”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

Additional Expenses

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

Non-disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.