Egg Digital Media LLC - Terms & Conditions
A 50% deposit is required on all services performed by Egg Digital Media LLC. Client balance will come due when all contracted services have been performed. Deposits and milestone payments are non-refundable. Overdue balances of 30 days or more will result in the termination of project, removal of website content from the Egg Digital Media "preview" server on the Internet, and forfeiture of deposit and/or milestone payments.
Once a project deposit is received by Egg Digital Media LLC, client agrees to provide all necessary materials within 30 days from initial deposit. A project will be considered "abandoned" if the client does not provide all materials necessary to complete the project within 90 days of receiving the initial deposit.
No source code or graphics will be released to clients whose project has been deemed abandoned, or if the client cancels the project. Source code, graphics or any work created by Egg Digital Media LLC will remain the property of Egg Digital Media LLC until the balance due is paid in full as defined in the Egg Digital Media Service Agreement. This includes any and all riders added to the Agreement.
Client may cancel project at any time by notifying Egg Digital Media LLC in writing. Any deposits or milestone payments made to Egg Digital Media LLC are non-refundable. Regardless of when the project is cancelled, the client remains liable for all billable expenses already incurred by Egg Digital Media LLC. Client will be liable for any remaining unpaid billable hours. In the event of project cancellation, client will also be responsible for any fees incurred by Egg Digital Media LLC in order to recoup the balance of payment due. Client remains liable for all billable hours, even if canceling a project, for any reason. Although every effort is made to meet or exceed our client’s expectations, Egg Digital Media LLC does not guarantee that we will meet the client’s expectations in every instance.
Client authorizes Egg Digital Media LLC to access administrative areas of web hosting server (either hosted by Egg Digital Media LLC or third party hosting company), for purposes of publishing, maintaining and removing content in the event that the client’s account is past due.
Upon final payment, websites and other digital products become the property of the client, and client acquires a non-exclusive license to the use thereof. Pre-programmed applications may be subject to limitations imposed by licensing agreements by which Egg Digital Media LLC obtained the applications. The design techniques used by Egg Digital Media LLC in creating websites and other digital products remain the property of Egg Digital Media LLC, and Egg Digital Media LLC reserves the right to utilize such techniques in rendering services to other clients, provided, that such techniques so used shall not contain data proprietary to client.
The client represents to Egg Digital Media LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Egg Digital Media LLC for inclusion in web pages or design projects 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, and defend Egg Digital Media LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Egg Digital Media LLC its affiliates, and sub-contractors are not responsible for any content or claims made by client's website or printed material. Client assumes all responsibility and liability for any copyrighted images and/or text provided to Egg Digital Media LLC. Client is also solely responsible for claims made on printed materials or websites. Client will hold Egg Digital Media LLC, affiliates, and sub-contractors blameless for any liability arising from the clients’ website or digital/printed material.
Client is responsible for making, creating and maintaining backups of materials created by Egg Digital Media LLC and/or email. Egg Digital Media LLC in no way provides data backup services. Client shall hold Egg Digital Media LLC, harmless in the event of data loss.
Egg Digital Media LLC does not warrant that the functions contained in web pages or graphic design projects will meet the client's expectations or requirements or that the operation of web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Egg Digital Media LLC be liable to the client or any third party for any damages, including any financial loss or other incidental, consequential or special damages arising out of the operation of or inability to operate web pages or website, even if Egg Digital Media LLC has been advised of the possibility of such damages.
In the event of a conflict with a provision of the Egg Digital Media LLC Terms and Conditions and a provision of any other agreements engaged with our clients, either written or verbal, the Egg Digital Media LLC Terms and Conditions shall prevail.
Any disputes in excess of one thousand (1000) US dollars arising out of this Agreement shall be submitted to binding arbitration before the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of Egg Digital Media LLC.
Regardless of the physical location of the client, the client agrees that for purposes of venue, this contract was entered into in Harris County, Texas, and any dispute will be arbitrated in Harris County, Texas and according to the rules of the American Arbitration Association.
As a service to our customers Egg Digital Media LLC does allow the use of credit cards as a means of payment through PayPal. As a condition of using credit cards as payment, the buyer agrees that if the buyer's credit card company successfully charges back any amount to Egg Digital Media LLC for any reason, the buyer hereby agrees to repay Egg Digital Media LLC for such amounts immediately, plus reasonable attorney fees and costs of collection. In cases that the buyer is due a refund, all refund payments will be made to the client via Egg Digital Media LLC company check. At no time should the client charge back their credit card.
A 10% charge-back fee, minimum of $100 (whichever is greater), will be added to balances that are charged back to Egg Digital Media LLC through PayPal.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
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