- Website Design and Marketing Agency
- Website Design & Marketing Agency
Terms and Conditions
The following Terms and Conditions of Service apply to all products and services provided by Wall Media Group LLC. (hereinafter referred to as WMG).
All work is carried out by WMG on the understanding that the client has agreed to WMG’s terms and conditions. Copyright is retained by WMG on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and/or after all costs have been settled. If content is supplied by the client, they retain copyright of their content. If a choice of design is presented, only one solution is deemed to be given by WMG as fulfilling the contract. All other designs remain the property of WMG, unless agreed in writing that this arrangement has been changed.
Description of Work
WMG encompasses a wide range of services and works in both 2D/3D environments for print design, web design, video, multimedia, social media, and any other form not specified.
Project Acceptance
At the time of proposal, WMG will provide the client with a verbal, written, or electronic estimate/propsal. The Terms and Conditions can also be read on the WMG website.
A copy of the written estimate/proposal is to be signed and dated by the client to indicate acceptance and should be returned via electronic means to WMG unless otherwise stated. Alternatively, the client may send an official agreement by other means, acknowledging acceptance and in reply to the estimate, which binds the client to accept WMG’s terms and conditions. No work on a project will commence until acceptance of the estimate has been received by WMG.
Design Charges
Charges for design services are to be paid in full at the completion of the project prior to final delivery of services.
Charges for design services to be provided by WMG will be set out in the written estimate/proposal that is provided to the client. At the time of the client’s signed acceptance of this estimate, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due unless otherwise stated. Work on the project will not commence until WMG has received this amount.
The remaining 50% of the project estimate total will be due upon completion of the work prior to uploading to the server or the release of materials.
In the event that there are overages from the original estimate – the remaining fees and overages will be due.
Overage Fees
Overage fees for design work above the initial estimate is agreed upon by the client by accepting these Terms & Conditions. The client is fully aware, understands, and agrees upon these circumstances if these overages occur.
Source Files
Charges for design work cover the release of copyright design files including, but not limited to: .psd / .ai / .eps / .indd / .ae / .jpg / .png / .mov / or any other source files not specified. Once the project is complete and paid in full, the final delivery will be carried out via web download link, e-mail, or any other means specified between the client and WMG. WMG reserves the right to publish and use all design files for personal and portfolio use.
Payment
The client will be provided with an invoice prior to initiating the service and/or at final delivery of product; dependent on service being provided. If a deposit is needed to start the project, the remainder of the invoice amount will be due upon final delivery. Payments may be made via check or any major Credit/Debit card (Visa/MasterCard/American Express/Discover).
Publication and/or release of work done by WMG on behalf of the client, may not take place before cleared funds have been received. Returned checks will incur an additional fee of $50 per returned check. WMG reserves the right to consider an account to be in default in the event of a returned check.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. WMG shall be considered entitled to remove WMG and/or the client’s material from any and all systems, until the amount due has been paid in full. This includes any and all unpaid fees due for services including, but not limited to: design, photography, videography, web hosting, domain registration, search engine submission/optimization, maintenance, sub-contractors, printers, etc.
Removal of such materials does not relieve the client of its obligation to pay the amount due. Clients whose accounts become default agree to pay WMG reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to WMG for inclusion in the client’s graphic, video, website, or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by WMG on behalf of the client, will remain the property of WMG and/or its suppliers. The client may request in writing from WMG, the necessary permission to use materials (for which WMG holds the copyright) in forms other than for which it was originally supplied, and WMG may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the above-mentioned artwork, images, text, or other data to be used.
By supplying images, text, or any other data to WMG, the client grants WMG permission to use this material freely in the pursuit of the design. Should WMG, or the client supply an image, text, audio clip or any other file not mentioned for use in any graphic, website, multimedia presentation, print item, exhibition, advertisement, or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow WMG to remove and/or replace the file.
The client agrees to fully indemnify and hold WMG free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permission.
Revisions
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to separate additional charges. The client also agrees that WMG holds no responsibility for any amendments made by any third party, before or after a design is finalized.
Licensing
Any design, video, copywriting, drawing, idea or code created for the client by WMG, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of WMG and any of its relevant sub-contractors.
All design work – where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. WMG will not be held responsible for any and all damages resulting from such claims. WMG is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold WMG responsible for any such loss or damage. Any claim against WMG shall be limited to the relevant fee(s) paid by the client.
Data Formats
The client agrees to WMG’s definition of acceptable means of supplying content to the company. Text is to be supplied to WMG in a digital format such as: standard text (.txt) or MS Word (.doc) via e-mail or other means specified between WMG and the client.
Images and/or video files, which are supplied in a digital format are to be provided in a format as prescribed by WMG via File Upload link, Google Drive, DropBox, e-mail, or other means specified between WMG and the client. Images must be of a quality suitable for use without any subsequent image processing. WMG will not be held responsible for any image or video quality, which the client later deems to be unacceptable. WMG cannot be held responsible for the quality of any images, which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to: photography and art direction (not specified in the initial estimate/proposal), photography searches, media conversion, digital image processing, data entry services, color correction, and alteration of images at the going hourly rate.
Monthly Subscriptions
1. Subscription Period
The subscription to our services is on a monthly basis. Your subscription period begins on the date of your initial payment and renews automatically each month on the same date, unless otherwise notified by you, the subscriber, in accordance with these terms.
2. Pausing or Cancelling Your Subscription
You have the flexibility to pause or cancel your subscription at any time. To do so, you must notify us through the designated channels provided on our website or application. The request to pause or cancel must be made at least 48 hours before the next billing cycle.
3. Effect of Pausing or Cancelling
a. Pausing Your Subscription: Upon pausing your subscription, you will retain access to the services until the end of the current monthly billing cycle. Your subscription will not be renewed in the subsequent month, and no further charges will be incurred until you choose to reactivate your subscription.
b. Cancelling Your Subscription: When you cancel your subscription, your access to the services will continue until the end of the current monthly billing cycle. After this period, your access to the services will be terminated.
4. No Prorated Refunds
Please note that we do not offer prorated refunds for any unused portion of the subscription period. If you pause or cancel your subscription, you will not receive a refund for any part of the subscription fee for the remainder of the billing cycle.
5. Reactivation
If you have paused your subscription, you can reactivate it at any time by notifying us through our designated channels. Upon reactivation, the billing cycle will resume, and the subscription fee will be charged according to the current rates.
6. Changes to Subscription Fees
We reserve the right to modify the subscription fees. Any changes to the fees will be communicated to you at least 30 days in advance. The new fees will apply from the next billing cycle following the implementation of the changes.
7. Agreement
By subscribing to our services, you agree to these terms and conditions. It is your responsibility to review these terms periodically for any changes. Your continued use of the services following any changes signifies your acceptance of those changes.
Design Project Duration
Any indication given by WMG of a design project’s duration is to be considered by the client to be an estimation. WMG cannot be held responsible for any project over-runs that may occur, whatever the cause. Estimated project duration should be deemed to be from the date signed on the Acceptance of Proposal documentation.
Rights of Access for Website Construction
The client agrees to allow WMG all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The client also agrees to allow WMG access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The client agrees to supply WMG with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner to maintain the project deadline.
Design Project Completion
WMG considers the design project complete upon receipt of the client’s signed Contract Approval form. If there are changes to be made after receiving the client’s signed Contract Approval form, additional charges will apply.
Website Design Only
Once the web design is complete, WMG will provide the client with the opportunity to review the resulting work. WMG will make one set of minor changes at no extra cost within 7-14 days of the start of the review period. Minor changes include small textual changes and adjustments to placement of items on the page/s. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to WMG via electronic means specified between WMG and the client.
WMG will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client within 14 days of the start of the review period.
Website Management & Hosting
WMG offers hosting services through an out-sourced server. WMG does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. WMG may request that clients change the type of hosting account used if that account is deemed by WMG to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organizations are the responsibility of the client and WMG is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client/domain owner. These fees are due on an annual basis starting from the initial purchase of the domain unless otherwise discussed between WMG and the client.
Domain Registration
WMG cannot guarantee the availability of any domain name. Where WMG is to register a domain name on behalf of a client – it will endeavor to do so, but the client should not assume a successful registration. This domain name registration will constitute as an “Add-On” service and will be charged accordingly.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, WMG cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
Design Credits
The client agrees to allow WMG to place any and all design work, along with a link to the client’s site on WMG’s website for demonstration purposes and to use any designs in its own publicity and portfolios. The client also agrees to allow WMG to place a link to ‘https://wallmediagroupllc.com/’ within the footer of the client’s completed website to credit WMG for the design and implementation.
Rights of Refusal
WMG will not include any text, images or other data, which it deems to be immoral, offensive, obscene or illegal in any design. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. WMG also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that WMG does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow WMG to remove the contravention without hindrance, or penalty. WMG is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact or e-mail. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance due must be paid in full within 30 days.
Sharing Clause
Consent to Receive SMS Messages. You consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone communicating on our behalf at the specific number(s) you have provided to us, with service-related information, questions about your use of the Services, and/or even Account and marketing information. You certify, warrant, and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Even and our agents, representatives, affiliates, and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails, or other means. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
Disclaimer
WMG makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. WMG will not be held responsible for any and all damages resulting from products and/or services it supplies. WMG is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold WMG responsible for any such loss or damage. Any claim against WMG shall be limited to the relevant fee(s) paid by the client.
WMG reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. WMG will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. WMG reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
For the most current Terms & Conditions, review them at https://wallmediagroupllc.com/terms/
Acceptance of Terms and Conditions and Quote
The placement of an order for design and/or any other services offered by WMG, by electronic means, email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available here.
An estimate validated by the client’s signature (physically or digitally) on the proposal/estimate form and/or electronic deposit of funds, constitutes acceptance of the estimate and agreement to comply fully with all the Terms and Conditions and forms a contract for business between the signatory and WMG.
