Terms and Conditions (Terms of Service)
Our standard terms and conditions regarding the products and services of Emajen LLC are detailed below. By placing an order and making a deposit or payment with Emajen LLC, you confirm that you are in agreement with and bound by the terms and conditions below.
All projects require a deposit to schedule. Payment is collected via check in person, by mail or through the secure billing system via Visa, Mastercard, American Express, ACH, and Paypal. All deposits are non-refundable and are used as a guarantee to block out hours for your project.
If a scheduling problem occurs (client late delivering assets etc), Emajen will make the best effort to rebook your scheduled hours with another client and reschedule with you with no penalty, but without enough advance warning may not be able to reschedule your project. The final 50% payment will be due upon project approval and prior to delivery of the final source files and transfer of ownership.
Emajen LLC will carry out work only where an agreement is provided either by email, telephone, mail or fax. Emajen LLC 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 Emajen LLC and the client, this includes telephone and email agreements.
Disclaimers and limitations on liability
- Emajen LLC shall not be responsible for URLs dropped or excluded by a search engine for any reason.
- Emajen LLC shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Client’s receipt of the Account Service data. Emajen LLC shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
- Emajen LLC do not represent or warrant that Customers’ URLs will achieve a favourable position, or any position, within a particular search engine unless SEO service is purchased and rendered. Furthermore Emajen LLC cannot guarantee or warrant any SEO service for any length of time beyond the scope of service agreement.
- Emajen LLC do not warrant or represent that the use or the results of the use of the materials available through the Emajen LLC Services or from third parties will be correct, accurate, timely, reliable or otherwise.
- You expressly agree that use of the Emajen LLC Services provided hereunder is at your sole risk. These Services are provided on an “as is” and “as available” basis. Emajen LLC expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
- Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside Emajen LLC’ control and could result in a breach of security. Accordingly, Emajen LLC cannot guarantee that Your Account Service data information will be free from corruption or piracy. You hereby expressly waive any claim against Emajen LLC arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of Emajen LLC.
- To the maximum extent allowed by law, Emajen LLC and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, Emajen LLC will not have any liability for any losses arising because the Emajen LLC Services are not operational or accessible. This section does not limit liability for bodily injury of a person.
The Client on behalf of their Business is engaging Emajen LLC, located in Lexington, Kentucky, known as “Web Services Provider”, in a partnership, as an independent contractor for the specific purpose of developing and/ or improving a web site/ or presence. The Client hereby authorizes “Web Services Provider” to gather information, render services and deliver products as outlined by the dated and approved quote or invoice with deposit as required be agreement. This may include publication of business related information as disclosed by the Client to web search engines, directories and indexes as well as social networks and media.
Per the Clients request for handling their domain name, Emajen LLC and third party providers will only work with Internet Corporation for Assigned Names and Numbers (ICANN) Accredited Registrars. If Web Services Provider is chosen to be the Registrar on behalf of the Client the domain will be under ownership by the Client. If at anytime the Client wishes to discontinue the partnership with Web Services Provider and requests ownership of the domain, the Clients account must be in good standing, paid in full. Requirements must be met for transferal of the domain to another registrar. See Emajen Domain Registration Agreement
Website Design & Development.
Websites deployed on client behalf after March, 2012 are included within our WordPress Multisite Network (iEmajen WMPU). Existing and new Client web projects are exclusively built and hosted within this framework. Client “website” consists of basic elements standard for a modern website such as document type declarations, head, body, graphics / images, verbiage and any relevant meta-data. Websites are built with compatibility for modern web browsers and mobile devices. Websites do not include mobile optimization or outdated browser compatibility. Additional optimization and compatibility requirements must be addressed or otherwise implied within the original scope of the project and itemized on the approved quote / invoice.
Web Services Provider, acting as the agency responsible for delivery of project workflow, reserves the right to attribution of Client deliverable in the form of portfolio listing, project presentation and titled credit line visible in website footer. Where Web Services Provider is contracted by a third party agency for website design and development, right to attribution also applies except where an existing Non-disclosure Agreement has been signed by both parties. Unless otherwise specified, all work performed by Web Services Provider warrants the right for attribution. In special circumstances where third-party graphic designers, programmers, partner / affiliate collaboration, attribution rights include that of the third-party. Request for attribution removal in any form online or otherwise, must be submitted to Web Services Provider. Client reserves the right to this request, however a small removal fee may billed to Client’s account and invoiced accordingly.
GNU Public License
Our websites are setup, designed and developed within WordPress. WordPress is an open source software and grants certain freedoms for it’s use, copy, and distribution. Under this license, all work performed on Client behalf in relation to a website within our WordPress (iEmajen WPMU) network is owned by Client. This license does not include Web Services Provider hosting environment, email servers, software running behind the scenes or otherwise anything except that which is used for the website via WordPress.
Web Services Provider offers state-of-the-art hosting services at competitive rates and renders this service exclusively to its Client. If the Client wishes to have the web site hosted on a different providers server Client agrees Web Service Provider is not responsible for maintaining server status or site up time. If there arises a need to have the server, including the database or site installation maintained Client agrees to Web Services Provider’s current rate hourly rate.
Content Provision and Deadlines.
The Client agrees that copy, images, forms and requested information will all be delivered/ communicated in a timely manner to meet Client’s set deadline. Client agrees that all provisions are original content and Client has legal right to use any copy, images and information. Web Services Provider will not be held responsible for copyright infringement from content provided by Client. In the event that provisions are not made in a timely manner Client understands the deadline may be compromised and agrees that Web Services Provider will not be held responsible. Additionally in the event that budget requirements are not met, business related matters arise in regard to staffing, a natural disaster renders equipment unusable, the Internet crashes indefinitely, or an act of God leaves humanity in chaos, Web Services Provider will not be held responsible for loss of service and/ or discontinuation of project.
Cross Browser Compatibility.
Web Services Provider guarantees compatibility in all major supported and modern browsers including Internet Explorer (IE) v. 9 – 11, Apple Safari, Mozilla Firefox and Google Chrome. As major support drops for outdated browsers i.e. IE v. 8 Client agrees that certain elements of their web presence may not display properly in unsupported browsers. While Web Services Provider takes pride in developing cross browser compatible sites it cannot make provisions for out dated and unsupported browsers.
Costs and Payment
Web Services Provider agrees to absorb any costs associated with provisioning custom fonts, stock photography, domain name, custom programming, graphic design, related software or any other required assets to the web project based on the scope of approved project quote. In return Client agrees to make payments when due, set forth by aforementioned dated and signed contract titled Web Proposal with the Client’s invoice number. Web Services Provider reserves the right to collect payment in full,post project completion, broken into multiple payments or as it seesfit however standard conditions apply. Standard conditions require that half payment be posted prior to this form being completed, submitted and approved. The remaining balance is due when the web site/ project is in it’s final stages of completion. Final stages of completion would be defined as 75% or better completed with a working version of the site live on the Internet and a “few minor tweaks” remaining for the final product. Discounts are applied at the sole discretion of Web Services Provider and determined on an individual by individual basis.
Web Services Provider warrants refunds under certain circumstances dependent on services rendered. Refunds are typically pro-rated over the course of the service agreement. If every attempt has been made to resolve any outstanding conflict with services rendered or funds provided and neither party is able to reach a fair and affordable agreement Client and Web Services Provider reserve the right to obtain legal counsel to seek compensation.
By submitting the Landscape Builder, Name Planting, Keyword Planting, Social Bloom or any other form you agree to the Terms of Service as outlined in this Agreement and acknowledge your participation in this contractual agreement. Web Services Provider reserves the right to reject this form and the dated and signed contract titled Web Proposal with the Client’s invoice number if these terms are not satisfied.