DIGITAL GOODS – no refunds are offered on deposits or after final payment made for services rendered. You are agreeing to the terms below when you pay your deposit and or final payments.
We provide an extensive portfolio for you to view before hiring us for your project so you can see the quality level of our work and be completely comfortable working with us. If you have any questions or reservations, please contact us prior to making a payment for our services. Thank you!
Payments for projects are made to us in increments as a courtesy to the client depending on services provided. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by Hamilton’s Social Media Marketing & Design Firm and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
If development is cancelled prior to final payment, the current work done will be required to be removed, and no refund for deposits will be provided. If development is deleted or files have been lost at no fault to Hamilton’s Social Media Marketing & Design Firm, Hamilton’s Social Media Marketing Design Firm will not be held liable for said files. Hamilton’s Social Media Marketing & Design Firm provides backup files while services are being rendered, if services are not rendered or retained the client is held is liable for development backup files.
“Designed By” Attribution will be listed on web sites, however, can be removed based on an applicable fee by request.
Hamilton’s Social Media Marketing & Design Firm reserves the right to cancel a project due to improper working conditions, conversations, harmful/hateful behavior, demeaning and/or derogatory remarks and crude language.
When adding new text and/or content to a page the client is responsible for providing all text (in digital format) and images/photos if additions are not added our maintained by Hamilton’s Social Media Marketing & Design Firm. If you choose to use our maintenance services, we will be responsible for those tasks.
Customer understands, acknowledges, and agrees that Hamilton’s Social Media Marketing & Design Firm has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Customer’s web site may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.
Hamilton’s Social Media Marketing & Design Firm is not responsible for changes made to Customer’s web site by other parties that adversely affect the search engine or directory rankings of Customer’s web site.
Indemnification – Customer shall indemnify and hold harmless Hamilton’s Social Media Marketing & Design Firm (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Hamilton’s Social Media Marketing & Design Firm as a result of any claim, judgment, or adjudication against Hamilton’s Social Media Marketing & Design Firm related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to Hamilton’s Social Media Marketing & Design Firm (the “Customer Content”), or (b) a claim that Hamilton’s Social Media Marketing & Design Firm’s use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Hamilton’s Social Media Marketing & Design Firm must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defense and all related negotiations.
Disclaimer – HAMILTON’S SOCIAL MEDIA MARKETING & DESIGN FIRM DOES NOT WARRANT THAT THE SEO SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, HAMILTON’S SOCIAL MEDIA MARKETING & DESIGN FIRM PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. 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.
Limited Liability – IN NO EVENT SHALL HAMILTON’S SOCIAL MEDIA MARKETING & DESIGN FIRM BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. HAMILTON’S SOCIAL MEDIA MARKETING & DESIGN FIRM MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
Confidentiality – The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information.
Force Majeure – Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
Mobile applications are non-refundable. Once a project has begun, it cannot be cancelled, paused or delayed for more than 20 days once your contract has been signed and engaged. If you fail to meet your obligations/financial responsibilities for partially completed/fully completed applications, all unpaid apps will be removed and held until final balance is paid-in-full. In some cases, if equity has been purchased by our company and our company’s monetary/service based investment is larger than said client, we hold and reserve all rights to said application(s) all associated assets – (This only applies to equity share/investment based agreements that are signed and documented.)
PRINT MEDIA DESIGN
Design costs paid to Hamilton’s Social Media Marketing & Design Firm are non-refundable. Printing costs paid to Hamilton’s Social Media Marketing & Design Firm are refundable only if printing error is determined to be our fault or if printing and print design not performed. We are not liable for damages incurred due to printing errors or problems from our files if full specifications from your printer were not provided or were incorrect/inaccurate, or if you supply the wrong files to your printer. We are also not held liable for damages incurred to materials if damages are made while in your possession. We provide the design files via email or online only. No actual items will be shipped to you unless requested and/or out-of-state or in-state promotional marketing and advertising materials need to be sent.
By using our services you acknowledge that you have read and understand this Agreement and agree to be bound by its terms and conditions.