• WEBSITE TERMS OF USE


    Vital Medias Designs & Services (dba “Vital Medias”) operates this Site to provide online access to information about Vital Medias and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.

    Vital Medias reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

    Website Development, Ongoing Support & Internet Marketing

    All Graphic Design, Web Design & Development and Ongoing services provided by Vital Medias Designs & Services 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. If your project requires flushing out, Vital Medias Intellectual Property, and/or more than one technical consultant to provide an estimate there will be a 250.00 consultation charge. This charge will be credited towards your project and you will retain the rights to any IP or Wire Framing that is done as a result of this meeting.

    Charges & Fees

    All new custom 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 $10,000 US can be split into three payments. An initial deposit of 40% of the total project cost will be due at contract signing. The second payment of 40% the total project cost will be due upon acceptance of the design or the projects half way point. 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. Vital Medias Designs & Services 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

    Vital Medias Designs & Services accepts payments via Cash, Wire Transfer, SurePay, 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.

    Subscription Auto-Renewals

    In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, Vital Medias Designs & Services operates with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by Vital Medias Designs & Services in writing). Accordingly, where applicable, Vital Medias Designs & Services will attempt to automatically renew the applicable Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with Vital Medias Designs & Services.

    For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable Service(s), Vital Medias Designs & Services will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may at our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your service(s), without further notice.

    Hours of Operation

    Vital Medias is available 24 hours a day 365 days per year. We reserve the right to charge a pre-agreed upon rush fee for clients who have unscheduled problems that require immediate care.

    Web Site Design Credit

    All Vital Medias Designs & Services custom web design clients will have a Design by: Vital Medias Designs & Services 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 understand that this link may NOT be removed without our consent. Should you have a new layout designed for your site by a company other than Vital Medias Designs & Services, you may remove the credit from your website. Thank you.

    Copyright & Ownership

    Upon completion of the project, Vital Medias Designs & Services transfers all rights and ownership of CUSTOM designs and programming written by Vital Medias Designs & Services to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners. Ownership and copyright of all Templates available in our stores remain with Vital Medias Designs & Services and are not transferred to the client.

    Vital Medias Designs & Services reserves the right to resell custom designed websites that remain unpaid by the original client, unaccepted mockups or other graphics created by Vital Medias Designs & Services but not in legal use by the client.

    Vital Medias Designs & Services reserves the right to display websites and graphics that have been designed by Vital Medias Designs & Services on their website, and in any marketing material to aid as examples of our work.

    Refunds

    Vital Medias Designs & Services requires a deposit before we begin work on any project. A request to terminate services must be presented to Vital Medias Designs & Services in writing or Emailed to us at Refund@VitalMedias.com. Vital Medias Designs & Services has a Guaranteed 14 Day Turnaround for your project. If we fail to complete your project within 14 days of the start date AND you have turned in all content, images, and information requested by us, you will receive a 50% refund within 30 days of your written request. Otherwise, please follow the refund terms below.

    Refunds will be processed within 30 days of a 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

    Vital Medias Designs & Services 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

    Vital Medias Designs & Services understands the importance of completing projects in a timely manner. We agree to complete the web design project within the date period stated at contract signing. If the client does not supply Vital Medias Designs & Services 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 Vital Medias Designs & Services to avoid this forfeiture. Some unavoidable fees may apply such as additional hosting costs, but will be stated up front to the client.

    Non-Communication

    If we are unable to communicate with a client on a project for a duration of at least sixty days (30) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

    No refunds will be issued for any time period of time that resulted in a delay in service due in any part to a lack of communication on the part of the client.

    Liability

    Services purchased from Vital Medias Designs & Services are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Vital Medias Designs & Services 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/or 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 wire transfer. This is non-negotiable.

    Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. Exclusive jurisdiction and venue are as governed in the district court of Las Vegas, Nevada.

    Acceptance

    Please note that by submitting your Deposit or down payment for our services you are agreeing to all of our terms of service as written here. Vital Medias Designs & Services reserves the right to change or update these terms at any time without prior notice.

    Non-Disclosure Agreement

    All sites under construction or located on any demo site owned by Vital Medias Designs & Services are the sole property of Vital Medias Designs & Services until approved and released to our clients. Clients are encouraged to give feedback on their current project site however as these sites are under construction and the quality does not reflect that of a finished product all clients who engage our services agree to not disclose any details or conversations about their project while it is under construction. This helps to ensure both ours and our client’s reputation. Clients who chose to ignore this non-disclosure clause call and will be subject to a slander lawsuit regarding their violation of our Terms of Service.

    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, Vital Medias Designs & Services and our artists have done everything possible to make the artwork and files perfect. However, A.S. Designs & Services and it’s designers/affiliates are not responsible for its final approval, so please be sure to check all copy, dimensions and color separations.

    User Agreement & Hosting Terms of Service

    The use of services from VitalMedias.com, [hereafter referred to as “Vital Medias Designs & Services”] constitutes an 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 the 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.

    2.) 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 cannot 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.

    3.) Content

    All services provided by Vital Medias Designs & Services 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 Vital Medias Designs & Services 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 abuse@VitalMedias.com with the information required for us to investigate your claim fully.

    Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

    Vital Medias Designs & Services systems, including all related equipment, networks, and network devices are provided only for authorized customer use. Vital Medias Designs & Services systems may be monitored for all lawful purposes, including to ensure that use is authorized, for the management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Vital Medias Designs & Services system(s) constitutes consent to monitoring for these purposes.

    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 any 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 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.

    Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate Suspension of your account.

    4.) Spam Policy

    All projects which intend to offer mass emailing campaigns must state so up front and so that they can be hosted on servers which are intended for that activity. Vital Medias Designs & Services reserves the right to move your project to these servers and bill you for the process if it is determined that your site possesses a de-indexing risk to others on your shared server space.

    5.) Payment Information

    You agree to supply appropriate payment for the services received from Vital Medias Designs & Services, in advance of the time period during which such services are provided. You agree that until and unless you notify Vital Medias Designs & Services of your desire to cancel any or all services received, those services will be billed on a recurring basis.

    Cancellations must be done in writing via the cancellation form provided or via email. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes.

    As a client of Vital Medias Designs & Services, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. Vital Medias Designs & Services does not provide a grace period from the time the invoice is due and when it must be paid. Vital Medias Designs & Services may suspend services to any unpaid account without further notice. Vital Medias Designs & Services reserves the right to change the monthly payment amount and any other charges with 30 days’ notice.

    6.) Backups and Data Loss

    Your use of the service is at your sole risk. Vital Medias Designs & Services 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 Vital Medias Designs & Services servers.

    7.) Cancellations and Refunds

    Vital Medias Designs & Services reserves the right to cancel the account at any time with notice. Customers who wish to discontinue using any service must provide 30 days written notice to Vital Medias Designs & Services.

    Customers may cancel at any time via a cancellation form locatred under the Customer Service Section of the Website.

    There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 30 days will be refunded on a prorated basis of any unused time.

    8.) Suspending Or Delaying Billing

    At Vital Medias Designs & Services, we understand that from time to time extreme circumstances can cause payment issues. A charge of 35.00 will be added to any clients account which payment is declined for. In order to avoid this situation, we do offer all clients a 1-time emergency billing delay or suspension that can be used in extreme situations.

    Any client may delay or suspend their service at any point by providing 30 days written notice prior to the suspension date. For social media accounts, this must happen before the approval of the current month’s demo reel.

    All delayed billing accounts will be charged on a pro-rated basis any days which push back their subscription payments.

    Any website accounts that are delayed will have continued service. Any accounts that are suspended will be taken down and replaced with an “Under Maintenance” page.

    If an account is suspended for 30 days or more the account owner will either be changed a 50.00 reinstatement fee or be moved up to the current pricing structure for their service. This decision is entirely at the Vital Medias Designs & Services Customer Service Representative.

    9.) Bandwidth Usage

    All projects hosted by Vital Medias Designs & Services are given unlimited bandwidth. Please contact us if interested in any upgrade to your server solutions.

    10a.) Money back Guarantee

    On all social media accounts, this applies to content approval only. On all website accounts, it applies to the functionality of the project. There is no guarantee on any project which was part of a promotion or on any templated websites where the customer picks out the template first.

    Vital Medias Designs & Services gives you an unconditional 30-day money back guarantee on managed social media accounts. The guarantee runs month to month and is no longer valid after a client has approved their services for that month.

    Vital Medias Designs & Services offers special guarantees on services like the Instagram Expediter package. If the client chooses to IG Expediter Package that does not include any content provided by Vital Medias than the client accepts responsibility to create consistently engaging content. Failure to do so will void any and all guarantees.

    10b.) Uptime Guarantee

    If for any reason your project is down due to any fault of Vital Medias Designs & Services we will credit your account 1 month worth of hosting costs.

    11.) Reseller: Client Responsibility

    Resellers are responsible for supporting their clients. Vital Medias Designs & Services can not be held accountable for issues which are not reported to us.

    12.) 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.

    13a.) Indemnification

    Customer agrees that it shall defend, indemnify, save and hold Vital Medias Designs & Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Vital Medias Designs & Services, 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 Vital Medias Designs & Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Vital Medias Designs & Services; (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 Vital Medias Designs & Services ‘s server.

    13b.) Arbitration

    By using any Vital Medias Designs & Services, you agree to submit to binding arbitration. If any disputes or claims arise against Vital Medias Designs & Services or its subsidiaries, such disputes will be handled by an arbitrator of Vital Medias Designs & Services’ choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Nevada. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

    14.) Disclaimer

    Vital Medias Designs & Services shall not be responsible for any damages your business may suffer. Vital Medias Designs & Services makes no warranties of any kind, expressed or implied for services we provide. Vital Medias Designs & Services 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 Vital Medias Designs & Services and its employees.

    15.) Disclosure to law enforcement

    Vital Medias Designs & Services 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.

    16.) Changes to the Terms of Services

    Vital Medias Designs & Services reserves the right to revise its policies at any time without notice.

    Website Development & Ongoing Support

    POST LAUNCH & INITIAL WEBSITE SUPPORT (Now that your new website is online)

    Maintenance (changes or updates) on your new website is included for the first 30 days after launch date. It is at this time that we can still address any minor changes/updates to the site as well any website related questions & tutorials. We provide 1 hrs of IT support per month after this initial 30 days post site launch. It is up to the client to do their due-diligence 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 the standard 1hrs per month post launch window will be billed at our normal hourly rate of $50/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 an email request.

    WEBSITES ON MONTHLY PLANS

    Vital Medias Designs & Services offers low-cost monthly options for those who could not afford the full purchase price for the services that they need. These are provided so that small business owners have the ability to get started with a web presence as early as possible. Due to the high creation costs of websites, any client who is on a monthly plan agrees to the following additional rules:

    1.) All sites will be hosted and maintained by Vital Medias Designs & Services.

    2.) The monthly fee pays for creation, maintenance, and updating of the sites. All clients are effectively leasing the website from Vital Medias Designs & Services which agrees to cover the cost of site creation in exchange for a monthly maintenance fee.

    3.) Access to any backend of any site may be restricted or denied at any time by Vital Medias Designs & Services. The backend of the site may contain sensitive or proprietary information.

    4.) All clients have the right at any time to “buy out” their site at its current market value. 10% of payments towards any site will be credited toward the final site price. IT hours in maintenance plans do not count towards the final site price during a buyout and will be calculated at 35.00 per hour.

    5.) Clients who choose to buy out their site agree to pay for the time and work associated with transferring their site to a client owned server. This includes the hours required to troubleshoot the site after the transfer has been completed. Vital Medias Designs & Services charges a flat transfer fee of 299.00 for this service.

    CONTENT CREATION

    Vital Medias Designs & Services is not responsible for creating any content unless agreed to in writing for any project. All content creation, to include pictures, wording, product/service descriptions, and any editing of any field will be billed out at an hourly rate of 35.00 per hour.

    ONGOING MAINTENANCE, WEBSITE SUPPORT & INTERNET MARKETING

    Customized 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 & Moderation, Social Networking Management & Moderation, Search Engine Optimization (SEO), Pay Per Click Management, eNewsletter & Mailing List Management, eCommerce & Product Management

    More info on Internet Marketing can be found @www.VitalMedias.com

    Non-Disclosure Agreement

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