By making a downpayment by cash, check, money order or credit or debit card to Vortex Multimedia, you, the Customer, accept that you are hiring Vortex Multimedia, that you accept the terms of this agreement and that you have read this agreement. We encourage you to print this page for your records.
We make no guarantee on graphic design, website design, website development, and/or creative products such as photographs, video, services or consulting. All sales are final, set-up fees, domain and hosting fees and fees assessed for services already rendered are nonrefundable.
IMPORTANT: Furthermore, if your project involves a domain transfer, we will assist you with the transfer at no cost, but you, the customer are responsible for furnishing us with ALL 3 of the transfer codes necessary to complete the transfer on your behalf. If you do not provide us with domain transfer information, or another valid domain name which you own and which we may upload your website to; we will have nowehere on the Internet to launch your website to. You, the customer are also responsible for providing Vortex Multimedia, via e-mail or certified U.S. Mail, with all of the content — including, but not limited to, paragraphs of written text, photographs, videos, logos, pricing information if applicable, and other relevant items. We must receive all content in order to be able to complete your project for you.
This is a work for hire agreement between Vortex Multimedia (“Company” or “We”) and Customer (or “You”). This is an agreement for a Website or Graphic Design Package, and/ or Web Development. This agreement may include, but is not limited to, hosting, maintenance, website development, graphic design and all other ancillary services that Vortex Multimedia may offer. Vortex Multimedia to provide Website or graphic design services as an independent contractor in accordance with the terms set forth below
By hiring Vortex Multimedia, you agree to all of the terms contained in this contract for services, and this agreement shall become effective on the date (“Effective Date”) that payment is accepted and received by Vortex Multimedia.
1. The Service: Marketing Package services – graphic design, video, photography, website design and development The Service may include any or all of the following:
i. Analysis: To check the current status of your website and make needed repairs, changes or adjustments.
ii.Keyword Research: To make search engine optimization efforts more effective.
2. Limitations of SEO Service Vortex Multimedia does not guarantee any increase in traffic or sales to Customer in providing this service Vortex Multimedia also does not guarantee any exact placement in any search engines. This service specifically excludes pay per click advertising and anything not specifically enumerated in this contract.Vortex Multimedia is not liable for any loss of ranking to Customer. Further Vortex Multimediai is not liable for any other changes or issues caused by other search engine optimization companies or by the customer.
3. Cost of Service In consideration for the Vortex Multimedia services – website design and development contemplated by this agreement, Customer will make payments to: Vortex Multimedia as described in this section. All sales are final, and Vortex Multimedia offers no partial or full refunds. Payment: Customer will pay Vortex Multimedia a downpayment of a minimum of 50% of the total amount due in order for work to begin. Customer agrees to a pay Vortex Multimedia for the remainder of the Customer’s design project total price promptly thereafter. All amounts are in U.S. Dollars. Payment Schedule and Late Fees: Vortex Multimedia will invoice the Customer as needed to complete the work requested and all payments are due within five (5) days after receipt of the invoice. If a payment is returned or rejected by our bank, Customer shall pay us a service fee of $40 and reimburse all additional fees and costs incurred by us. Customer may also be deemed to be in Default (See Section 4 of this Agreement). For your convenience, we may also process payments for you, the Customer, automatically using the credit or debit card information you have provided to us so that invoices are paid on time and you do not incur late fees. Customers deemed in default of making their payments will still be charged the full amount due to Vortex Multimedia. Change in Fees: Vortex Multimedia may change its fee schedules on sixty (60) days notice by postal mail and/or electronic mail. Upon such notice, the Customer shall have thirty (30) calendar days prior to the effective date of the fee schedule to notify us by certified postal mail and/or electronic mail if Customer does not agree to such a rate increase and that Customer wishes to terminate this Agreement.
4. Taxes: Customer will be responsible for all taxes associated with Services contemplated by this agreement, and taxes will be in addition to the rates quoted.
4a. Default by Vortex Multimedia Service Agreement Taxes: Customer will be responsible for all taxes associated with Services contemplated by this agreement, and taxes will be in addition to the rates quoted.
4b. Default by Customer If a payment by Customer is returned or rejected by Vortex Multimedia bank, Customer shall be immediately deemed to be in default of this Agreement. Accounts not paid in full by the tenth day after Vortex Multimedia submits its invoice may have service interrupted or terminated; interruption does not relieve the Customer from the obligation to pay all fees due to Vortex Multimedia. Accounts and all amounts in default are subject to a late payment charge of 1.5% per month, or the maximum amount permitted by law, whichever is less, until fully paid. Customer also agrees to pay Vortex Multimedia all of its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights via a Customer default.
5. Customer’s Right to License or Resell Customer may not resell or license any of Vortex Multimedia Package services – website design and development to any third parties without the prior written consent of Vortex Multimedia. For example, Customer may not provide Vortex Multimedia Package services – website design and development to any third party without Vortex Multimedia prior written consent. This is a material breach of this Agreement and releases Vortex Multimedia from all obligations associated with this Agreement.
6. Use of Names and Trademarks As part of this Agreement, Customer grants Vortex Multimedia a non-exclusive right and license to use Customer’s business names, trade names, trademarks, and service marks (collectively, “Customer’s Marks”)
(a) on Vortex Multimedia own Web Sites,
(b) In printed and online advertising, publicity, directories, newsletters, and updates describing Vortex Multimedia, and,
(c) in applications reasonably necessary and ancillary to the foregoing. Customer may use Vortex Multimedia trade name, trademarks, and service marks (collectively, ” Vortex Multimedia”) in advertising and publicity in conjunction with the offering of Customer’s content, provided that the Customer shall submit a copy of all such use to Vortex Multimedia for its prior written approval, and provided further that under no circumstances shall such use imply that Vortex Multimedia endorses, sponsors, certifies, approves or is responsible for Customer’s content. Notwithstanding the foregoing, the Customer need not obtain Vortex Multimedia prior written approval where use of Vortex Multimedia is limited to inclusion in a list of systems via which Customer’s content is available.
7. Length and Termination of Agreement Term: This Marketing Package services – graphic design, website design and development Agreement shall begin on the Effective Date and continue until the website is completed. Termination: Termination of this Agreement by Customer must be in writing. Please notify us of your intent to terminate by electronic mail, receipt requested. Telephone cancellations will NOT be accepted. Upon termination by Customer, everything related to your Marketing Package services – website design and development that is stored on our servers may be deleted. Cancellation will not entitle Customer to a refund of setup fees, and will not offer any relief of your obligation to pay the remaining balance of your account. However, if you cancel within 30 days of purchasing a Vortex Multimedia and would like to transfer to a different service we offer (for same or lesser value), we may, at our option, apply the purchase price to a website credit for your Vortex Multimedia account. Material Breach: Each Party shall have the right to terminate this Agreement upon Thirty (30) days prior written notice if the other Party is in material breach of any term of this Agreement, including without limitation the payment of monies, and the breaching Party fails to remedy such breach within the fifteen day notice period.
8. Customer Content You, the Customer, acknowledge and agree that you are solely responsible for ensuring the integrity of your content. Although Vortex Multimedia provides data backup services, the Customer is advised that Vortex Multimedia in no way is responsible for any damages resulting from the loss of your content, regardless of the reason for such loss. We encourage you to backup and archive your content regularly.
9. Indemnification and Warranties INDEMNIFICATION: Customer shall indemnify and hold harmless Vortex Multimedia from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to the Customer’s provision, or an end user’s use, of Customer’s content, or any act, error, or omission of the Customer in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property or other right; or violation of any applicable law.
WARRANTIES: THE SEO SERVICES PERFORMED AS WORK PRODUCT UNDER THIS AGREEMENT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED OR STATUTORY SUCH AS ANY WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. VORTEX MULTIMEDIA DOES NOT WARRANT THAT THE WORK PRODUCT WILL MEET CUSTOMER’S NEEDS OR IS FREE FROM ERRORS. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND IT IS AGREED THAT THEY FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR DEVELOPMENT OF THE WORK PRODUCT AND OTHER SERVICES TO CUSTOMER SET OUT IN THIS AGREEMENT.
MISCELLANEOUS CLAUSES Assignment: The rights and obligations under this Agreement are freely assignable by either party, provided however, in the event Customer assigns its rights under this Agreement to any third party, Customer shall continue to have the obligation to
(i) pay Vortex Multimedia if the third party fails to pay as required by this Agreement, and