Terms of Service
As a Logic Media customer, you certify that you have the power and ability to enter into a contract on behalf of your company or organization. You agree to review our work, provide feedback and sign-off approval in a timely manner. You agree to any deadlines set forth in the contract, and agree to the billing schedule set forth below.
Scope of Work
Upon authorization of a website design contract, Logic Media will produce the design for the look-and-feel, layout, and functionality of the website, per the scope of the contract. You recognize that any changes to this scope may incur additional charges. All charges outside of the original scope must be approved prior to starting the work. It is suggested that multiple changes be grouped together to reduce the overall charge.
Logic Media is not liable for any errors in the content or design of a website. Once a site has been approved to go live, a grace period of 14 calendar days is granted for any errors to be flagged and fixed free of charge. Any errors after this grace period may incur additional charges.
Every website will be throughly tested in modern web browsers with significant market share. This includes: Google Chrome 28 and higher, Microsoft Internet Explorer 8.0 and higher, Apple Safari 6.0 and higher, and Mozilla Firefox 22 and higher. Any additional browser testing must be specifically requested, and may incur additional charges.
Any additional services (such as those listed below) may incur additional charges.
Timeframe and Deadlines
Deadlines are to be met by both Logic Media and the customer. When developing a website, we may require additional information or content from the customer. Any delay experienced by Logic Media in acquiring this information may result in a delay in the production deadline, and Logic Media cannot be liable for delays caused by lack of information.
Ownership of Design and Content
Upon receipt of payment for the full balance of the contract, the website becomes the property of the customer, with the exception of the Content Management System (CMS) described below. Copyright of the design, content, images, and other assets are transferred to the client upon full payment. Upon request, a digital copy of all content, including images, can be provided. If Logic Media holds control of the domain name, that control will be released upon the customer's request. Any images or content provided by the customer remain property of the customer or their rightful owner. Customer acknowledges that they own the copyright to, or have proper licensed use of, any text, images, graphics, content, or other media submitted to be included in the website. Logic Media does not screen submitted content for copyright violations, and is not responsible for such violations.
Billing and payment arrangements are subject to the terms set forth in the contract. Hosting accounts can be paid in 6-month or 12-month intervals with applicable discounts. Monthly billing may be available via credit card payment for approved customers. Prompt payment is expected and appreciated. Logic Media reserves the right to delay launch of a website until full payment is received. Logic Media reserves the right to suspend or deactivate an account for non-payment.
Unless otherwise specified in the contract, all Search Engine Optimization packages will continue to be billed and performed at the previously agreed upon monthly rate at the end of the contract on a month-to-month basis. Client can cancel ongoing month-to-month SEO agreement with 30 days notice only after original 12-month contract expiration.
Customers may cancel with a full refund if written notice is received within 5 calendar days of contract signing.
If the customer has a pre-existing website and would like content or images transferred, authorization is granted to Logic Media to access the pre-existing site via FTP or HTTP to collect this content for use on the new site.
Unless the customer requests to exclude their website from the search engines, Logic Media intends to submit sitemaps for every site to the major search engines for the purposes of increasing page rank.
We are proud of our work, and may use your site in our portfolio. Customers may request that we exclude their site, and we will oblige. A link back to www.logicmediaweb.com may be included in the footer of each website. Upon customer request, this will be removed.
Search Engine Optimization
Results, including specific rank positions, can never be guaranteed for search engine optimization or search engine marketing. We use industry best practices to achieve our SEO results, but results may vary by customer industry, targeted term or phrase, search engine ranking algorithm changes, competition, or other factors beyond our control.
If a search engine marketing plan is purchased, the customer agrees to allow Logic Media to submit requests for paid advertising on the customer's behalf. This may include, but is not limited to, services such as Google AdWords.
SEO progress is tracked by Logic Media, and can be reported upon request.
Search Engine Marketing / PPC Programs
SEM and PPC Programs are billed in advance with a one-time setup cost per campaign. A portion of the monthly advertising budget will go toward an administrative fee to maintain the program.
Logic Media offers copywriting services to produce the content for your website. Customer agrees to review the results before the site goes live. Additional charges may be incurred.
Photography and Video
Logic Media offers professional on-site and in-studio photography and video services to our customers, including post-production photo and video editing. Customer agrees to review the results before the site goes live. Additional charges may be incurred.
Content Management System
Logic Media has developed a custom Content Management System (CMS) that may be used for certain websites. Logic Media retains full ownership to this CMS system. This product is not for sale, but continued usage is included with hosting contracts. The CMS system may use additional third party software packages that also may not be transferrable.
Users of Logic Media software, including the Content Management System, have no rights to the source code and are prohibited from any attempts to reverse engineer this copyrighted software product.
Logic Media is able to host customer websites on our dedicated servers, which are owned and maintained by Logic Media. Additional restrictions for hosted service customers are listed below.
Hosted Services policies
Logic Media maintains web servers to service the needs of our customers. The following policies are to protect each client and provide the best service possible.
Any material or files that are, in our sole discretion, illegal, libelous, encourage conduct that would constitute a criminal offense, or otherwise violate any local, state, national, or international law or legislation are not permitted to be transferred by way of our services. Transmission, distribution, or storage of any information, data, or material in violation of United States or state regulation or law is prohibited. Copyright, trademark, or trade secret material may not be used without the permission of its respectful owner. Child pornography is prohibited on all Logic Media servers, nor are hate sites, warez sites, hacker sites, or sites with the intent to spam targets allowed. Spam is a direct violation and will get the site deleted without notice or refund. Any misuse of our services for any of the above purposes may result in site suspension or termination of our services.
Spamming, or the sending of unsolicited email, from any account or using any email address on Logic Media servers is strictly prohibited. Any sites using email spam or used as email spam destinations will be deactivated.
Any attempt to undermine or cause harm to a server or customer of Logic Media is strictly prohibited. Any attempt to probe or vulnerability test any Logic Media server, or use any Logic Media server in such an attempt, is also strictly prohibited. Offenders will be prosecuted to the fullest extend of the law.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Limitation of Liability
Your use of Logic Media's design, development and/or hosting services are at your sole risk. All Logic Media services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
This contract does not grant Logic Media permission to break any laws, nor violate the rights of any third-party.
Logic Media makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Logic Media service.
In no event will Logic Media be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Logic Media services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion, defect; delay in operation or transmission, deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of; or use of any record.
The formation, construction and interpretation of this agreement shall be controlled by the laws of the United States. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in the United States, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
Logic Media reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to Logic Media, you signify your agreement to these Terms of Service.
By agreeing to these terms of service, you confirming that you have the power and ability to enter into this contract on behalf of your organization.
Violations of these Acceptable Uses Policies and Terms of Service should be referred to firstname.lastname@example.org. All complaints will be investigated promptly.
Serious violations of terms or conditions can be ground for immediate account deactivation without refund.
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