Terms of Service

The terms of services from ENGAG3 Media, engag3.media [hereafter referred to as “ENGAG3 Media”] constitutes agreement to these terms.

Website Development, Ongoing Support & Internet Marketing

All Graphic Design, Web Design & Development and Ongoing services provided by ENGAG3 Media are subject to the following terms and conditions.

Estimates & Contracts

Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.

Charges & Fees

All new web design projects require an initial 50% deposit that will be due at contract signing. The remaining 50% balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.All new web design projects that exceed $1500 US can be split into three payments. An initial deposit of 1/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost will be due upon acceptance of the design. The final balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.Any check payments that do not clear will be charged a $35 fee. ENGAG3 Media retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)

Payments

ENGAG3 Media accepts payments via Cash, Check, PayPal and all major Credit Cards. Your payment should come from PayPal available funds or credit card.  Your project will not be released to you or uploaded until full payment is received.

Hours of Operation

Our business hours are Monday-Friday from 9am-5pm PST.  If you require maintenance after the posted hours, such as on weekends or holidays, you will be charged our base rate of $95 per hour with an additional charge of $55 per hour for after hours assistance.

Web Site Design Credit

All ENGAG3 Media custom web design clients will have a Design by: ENGAG3 Media link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay ENGAG3 Media a fee of $250 to have this link permanently removed. Should you have a new layout designed for your site by a company other than ENGAG3 Media, you may remove the credit from your website. Thank you.

Copyright & Ownership

Upon completion of the project, ENGAG3 Media transfers all rights and ownership of CUSTOM designs and programming written by ENGAG3 Media to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.ENGAG3 Media reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by ENGAG3 Media but not in legal use by the client.ENGAG3 Media reserves the right to display websites and graphics that have been designed by ENGAG3 Media on their website, and in any marketing material to aid as examples of our work.

Refunds

ENGAG3 Media requires a deposit before we begin work on any project. A request to terminate services must be presented to ENGAG3 Media in writing. ENGAG3 Media has a Guaranteed 90 Day Turnaround for your project. If we fail to complete your project within 90 days of the start date AND you have turned in all content, images and information requested by us, you will recieve a 50% refund within 30 days of your written request. Otherwise, please follow the refund terms below.Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.

Chargebacks

ENGAG3 Media will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.

Development & Delivery

ENGAG3 Media understands the importance of completing projects in a timely manner. We agree to complete the web design project within 90 days from the date of contract signing. If the client does not supply ENGAG3 Media with complete text, graphic content and other requested materials for the contracted client within 90 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to ENGAG3 Media for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between ENGAG3 Media and the client.

Non-Communication

If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

Liability

Services purchased from ENGAG3 Media are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall ENGAG3 Media be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/ore goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.

International Customers

We are happy to accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via Credit Card. This is non-negotiable.

Acceptance

Please note that by submitting your Deposit or downpayment for our services you are agreeing to all of our terms of service as written here. ENGAG3 Media reserves the right to change or update these terms at any time without prior notice.

Ongoing Support & Internet Marketing Services

Are subject to the above terms and are paid on a yearly, monthly or hourly basis depending on the agreement details as stated in the original estimate(s).

Graphic Design, Print Ad, Logo & Label Design Projects

Being an all-digital design shop means that you are responsible for providing us with all artwork corrections for your pre-published or pre-print Ads and Labels.  Please note that it makes good sense to check your designs (and spelling) before print approval – corrections or modifications made after the approval/proofing stage will incur extra charges, as we need to make design changes and repeat the entire pre-press process to incorporate the new files.In summary, ENGAG3 Media and our artists have done everything possible to make the artwork and files perfect. However, ENGAG3 Media and it’s designers/affiliates are not responsible for it’s final approval, so please be sure to check all copy, dimensions and color seperations.

Website Development & Ongoing Support

POST LAUNCH & INITIAL WEBSITE SUPPORTMaintenance (changes or updates) on your new web site is included for the first 30 days after launch date. It is that time that we can still address any minor changes/updates to the site as well as website related questions & tutorials. We DO NOT provide ANY support after this initial 30 days post site launch. It is up to the client to do their due-diliginence to check and test the site prior to the approval and launch of the new website. Any and all website related changes, questions, updates and support issues outside this 30 day post launch window will be billed at our normal hourly rate of $95/hour (Our hourly rate is subject to change without written notice). If you require any additional website support it is highly recommended that you sign-up online or thru one of our staff members with one of our ongoing website support plans. If you would like more info about our ongoing support plans then please send us email request.ONGOING MAINTENANCE, WEBSITE SUPPORT & INTERNET MARKETINGCustomized support packages can include but are not limited to the following: Phone & Email Support, Basic Website Changes & Updates, Tutorial and Training Sessions, Monthly Website & Database Backup, Email Configuration & Management, Website Management, Blog Management & Mod- eration, Social Networking Management & Moderation, Search Engine Optimization (SEO), Pay Per Click Management, eNewsletter & Mailing List Management, eCommerce & Product Management.

Hosting & Maintenance Terms of Service

The use of services from ENGAG3 Media.com, [hereafter referred to as “ENGAG3 Media”] constitutes agreement to these terms.

1.) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

2.) Content

All services provided by ENGAG3 Media may only be used for lawful purposes. The laws of the State of Nevada, State of California, State of Florida, the State of Texas, and the United States of America apply.The customer agrees to indemnify and hold harmless ENGAG3 Media from any claims resulting from the use of our services.Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email support@engag3 .us with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.Examples of unacceptable material include:IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.If in doubt regarding the acceptability of your site or service, please contact us via our contact form or email and we will be happy to assist you.

3.) Payment Information

You agree to supply appropriate payment for the services received from ENGAG3 Media, in advance of the time period during which such services are provided. You agree that until and unless you notify ENGAG3 Media of your desire to cancel any or all services received, those services will be billed on a recurring basis.As a client of ENGAG3 Media, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. ENGAG3 Media provides a 30 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 30 days and not paid will result in a $35 late fee and/or an account suspension until account balance has been paid in full.ENGAG3 Media reserves the right to change the monthly payment amount and any other charges at anytime.

4.) Backups and Data Loss

ENGAG3 Media will provide full backup services for all hosted content. However, your use of the service is at your sole risk. ENGAG3 Media is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ENGAG3 Media servers.

5.) Cancellations and Refunds

ENGAG3 Media reserves the right to cancel the account at any time with or without notice.Customers may cancel at any time via a cancellation form or via email.There are no refunds on hosting, administrative fees, install fees for custom software, or domain name purchases.

6.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our company websites, and the right to increase the amount of resources given to plans at any time.

7.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold ENGAG3 Media harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ENGAG3 Media, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ENGAG3 Media against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ENGAG3 Media; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ENGAG3 Media’s server.

8.) Disclaimer

ENGAG3 Media shall not be responsible for any damages your business may suffer. ENGAG3 Media makes no warranties of any kind, expressed or implied for services we provide. ENGAG3 Media disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ENGAG3 Media and its employees.

9.) Disclosure to law enforcement

ENGAG3 Media may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.We will cooperate fully with law enforcement agencies.

10.) Changes to the Terms of Services

ENGAG3 Media reserves the right to revise its policies at any time without notice.