Terms of Service
Overview
The following document outlines the terms of use for placing an order with The Media District, LLC dba Rocket Republic. Before purchasing any of The Media District, LLC’s services or products, you are required to read, understand and agree to these terms. You may complete your purchase only after reading and accepting these terms. The sections named “Basically” provides a short explanation of the terms of use and is not legally binding.
Table of Contents
- Milestones
- Changes and Revisions
- Proofing of the Final Project
- Client Approval
- Completion Timeframes
- Scope of Work
- Ownership of Artwork
- Support
- Domain Names
- Billing Policy
- Monthly Hosting
- Cancellation
- Use of Third Party Services
- Use of Client Information
- Severability
- Disclaimer of Warranties
- Limitation of Liability
Milestones
Production Milestones for Websites:
- Milestone 1 : Content gathering & direction assessment – Client delivers all content and sitemap to The Media District, LLC.
- Milestone 2 : Design – Design mockups are created and given to client for review and approval. (No changes are permitted after this milestone.)
- Milestone 3 : Development & bug testing – Site is coded and given to client for testing
- Milestone 4 : Training videos – Training videos are delivered to client for site support
- Milestone 5 : Site deployment and domain re-delegation – Site is pointed to domain, finalized, and taken live.
Production Milestones for Print:
- Milestone 1 : Content gathering & direction assessment – Client delivers all copy and images to The Media District, LLC.
- Milestone 2 : Design – Design mockups are created and given to client for review and approval. No changes are permitted after this milestone.
- Milestone 3 : Printing & delivery
Production Milestones for Logo Design:
- Milestone 1 : Content gathering & direction assessment – Client provides response to logo design questionnaire
- Milestone 2 : Design – Design mockups are created and given to client for review and approval. No changes are permitted after this milestone.
- Milestone 3 : Delivery of final files
BASICALLY…………This is the process that you can expect once your order is placed.
Changes & Revisions
You are entitled to one major design revision and two sets of minor revisions during Milestone 2 at no charge. A major revision consists of a re-design of the piece if you are not satisfied with the initial design. Minor revisions include changing text, resizing elements, color adjustments, etc. Additional major and minor revisions and revisions requested after approval has been given by the client will be billed at The Media District, LLC’s hourly rate.
The Media District, LLC’s best effort will be given to satisfy client’s request, but The Media District, LLC does not guarantee that any design will be exactly what the Client has envisioned. The Media District, LLC is not obligated to complete multiple redesigns or modifications. While The Media District, LLC may agree to make requested changes and to bill the Client, The Media District, LLC is not obligated to complete Client requests or changes outside of the one major revision and two sets of minor revisions included in the project. If The Media District, LLC does not agree to Client requests or changes, Client agrees and is still obligated to pay all fees incurred and due.
BASICALLY…………If you don’t love the custom design we create for you, we will create another for you at no charge. If you love it but want a few tweaks we will be happy to do that too. If you are ridiculously hard to please and we still haven’t made you happy, you will have to pay for further adjustments at our current hourly rate. Approvals are final and changes requested after approvals are given will be billed at our hourly rate.
Also, we cannot guarantee that our design will be exactly what you have envisioned.
Proofing of the Final Project
The Media District, LLC shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the Client. It is agreed that it is the Client’s responsibility to ensure that there are no design, spelling, or grammatical errors contained in the final product. It is agreed that The Media District, LLC is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public. For print projects, no changes are permitted after final proof is approved by client and committed to print.
BASICALLY………. It is up to you to make sure your items are free of spelling, grammar, or any other type of error. We will give you a proof before your items are printed. Have your wife, your secretary and your mother double check them. Once you approve items for print, no changes can be made.
Client Approval
The Client understands and agrees that if the Client does not approve or request changes within 5 business days of The Media District, LLC’s request for approval, the design or website along with the functionality of the website and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website has been tested and approved by the Client.
The Client understands and agrees that if the Client does not provide missing information to The Media District, LLC within 5 business days of a request for missing information for a website, the website along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information “as-is” or “under construction”.
The Client understands and agrees that if the Client does not provide missing information to The Media District, LLC within 5 business days of a request for missing information for a logo or print design, the final payment for the project will be due immediately and the project will be removed from the design que until such information is delivered to The Media District, LLC. When the missing information is delivered to The Media District, LLC, the project will re-enter the design que behind all other projects in the design que. No completion date will be guaranteed at this point.
BASICALLY……….. It is a win win situation to respond in a timely manner. Your project will be complete and on time and we won’t have to twiddle our thumbs waiting on you.
Completion Timeframes
Client understands, agrees and acknowledges that The Media District, LLC does not guarantee a time frame for completion of ANY project. This is in part because it is difficult to complete a project without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the site design, the completion time frame is increased. Other factors that may influence the completion date of a website include, but are not limited to, complexity of Client’s project(s), availability of The Media District, LLC’s personnel, accounting status of Client’s account, etc.
If Client does not respond to The Media District, LLC’s communications and, as a result, The Media District, LLC is not able to start or complete the project, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client’s website requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time may be extended.
BASICALLY………. We can’t guarantee any completion date because the timing is dependent on how quickly you give us your content and how quickly you approve your artwork. If we cannot finish your project due to a lack of response from you, you are still responsible to pay for your order.
Scope of Work
Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Work Agreement or online web package lists the specific features, functionality and number of pages purchased. The website only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase these additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.
The Media District, LLC agrees to build a website logo or print promotions to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the website going live, or after the site has gone live, will be billed at The Media District, LLC’s standard hourly rate. The Media District, LLC is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If The Media District, LLC does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
BASICALLY………. The price of your project includes the specifics detailed in the Work Agreement. If you want additions to your site or package, they will be billed accordingly.
Ownership of Artwork
Until full payment has been made, The Media District, LLC retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the Client shall obtain ownership of the final artwork to use and distribute as they see fit. The Media District, LLC retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the Client will be given any necessary credit for usage of the project elements.
BASICALLY………. We own the artwork we have created for you until you have paid us in full. We may use the design we create for you in our portfolio.
Support
Websites include free technical support for issues involving functionality for the first 30 days after the project is completed. Clients are advised to test each part of their site during this time period to ensure that any issues are addressed during this 30 day period. Any support issues involving functionality after this initial period will be billed to the Client at The Media District, LLC’s standard hourly rate over and above the initial design fee paid.
Support for any other type of modification is available at an hourly rate immediately upon site going live. Client agrees to pay for technical support services requested by Client at The Media District, LLC’s hourly rate and that The Media District, LLC may charge Client’s account for such technical support fees.
Client may wish to make changes or updates to the live website that The Media District, LLC is hosting. Most changes can be made by Client using online editors and video tutorials. The online editors may not be available for all websites, or all pages of a website. Availability of the online editors is dependent upon the functionality and specifications required for the Client’s website. If Client desires for The Media District, LLC to make changes to website, design time may be purchased at an hourly rate or as a quoted project.
The Media District, LLC is not responsible for any changes Client makes to website, or if Client breaks the website. Time required by The Media District, LLC to repair changes made by Client will be billed to Client at The Media District, LLC’s standard hourly rate.
BASICALLY………. We set your site up right from the get go and give you a month to take it for a test drive. If you find something that is not functioning correctly during that time, we will fix it for free. If you request a fix after the 30 day test drive, you will be bill at our currently hourly rate.
In most cases, we also give you the ability to make future edits to your site yourself. If you request that we make edits to your site after you approve the design, you will be billed at our current hourly rate.
Domain Names
Domain names purchased by The Media District, LLC on Client’s behalf and website designs, databases, stores, or programs created by The Media District, LLC are the property of The Media District, LLC until Client has paid all fees. If Client ceases to pay domain name fees, ownership of any domain names purchased by The Media District, LLC on Client’s behalf or controlled by The Media District, LLC are transferred to The Media District, LLC. The Media District, LLC may allow domain name(s) to expire, or may renew domain name(s) and remain the owner, or The Media District, LLC may sell the domain name(s) at its sole discretion and for The Media District, LLC’s sole benefit. If Client ceases to pay hosting fees, service will be discontinued on Client’s site.
BASICALLY……….If you fail to pay for your domain(s), we reserve the right of ownership over them. If you fail to pay your hosting, service for your site will be discontinued.
Billing Policy
Monthly hosting is billed and due every month beginning from the date of the original sale. The Client hereby requests that The Media District, LLC renew and bill monthly hosting fees every 30 days thereafter, unless the Client cancels in writing after 12 months of monthly hosting fees have been paid. Annual domain charges are billed and due every year beginning from the date of the original sale. The Client hereby requests that The Media District, LLC renew and bill annual domain fees every year thereafter, unless the Client cancels in writing. Monthly hosting and additional services fees may be billed on the 1st or 15th of each month to coincide with The Media District, LLC’s billing cycles.
The Media District, LLC may suspend or terminate accounts, and shut down website for accounts that become delinquent for more than 30 days, in which case Client remains responsible for any unpaid balance owed to The Media District, LLC. Charges for monthly hosting will continue to incur for delinquent accounts until Client’s one year hosting obligation has been met even if account has been suspended or terminated. The Media District, LLC also reserves the right to discontinue the designing of Client’s website at any time, at The Media District LLC’s sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by The Media District, LLC.
Client must notify The Media District, LLC in writing or via email to terminate the account services and avoid further monthly hosting charges. It is Client’s responsibility to secure confirmation from The Media District, LLC that the request for termination has been received and no further hosting fees will be billed. Requests for cancellation of website hosting services or additional services should be sent to the following address:
Attn: The Media District, 35 Arlene Avenue, Youngstown, OH 44512
Requests may be emailed to mail@themediadistrict.com. If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.
Monthly Hosting
Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.
BASICALLY……….Hosting will be billed monthly and domains will be billed annually. If you want to cancel either, let us know in writing.
Cancellation
In the event of cancellation of the project, ownership of all copyrights and the original artwork and disks containing work completed shall be returned and retained by The Media District, LLC until full payment is made. No refunds shall be issued and client shall be responsible for full payment.
BASICALLY……….There are no refunds.
Third-Party Services
From time to time third parties may offer services or software to The Media District, LLC’s clients, clients may request the use of third-party services or software, or The Media District, LLC may suggest the use of third-party services or software to its Clients. Use of such third-party services will be at Client’s own risk and subject to the terms and conditions of those third parties. It is Client’s sole responsibility to ensure that the use of third-party services or software complies with third-party terms of use and licenses, these Terms of Service, and any and all applicable laws. Client assumes full responsibility for, and releases The Media District, LLC from any and all liability associated with the use of third-party services or software. The Media District, LLC does not represent nor warrant that use or access to any third-party services will be compatible, uninterrupted, error free, without defects or that Client will be able to access The Media District, LLC’s services. Client also agrees that The Media District, LLC is under no obligation to provide Client with any enhancements, updates, or fixes to make The Media District, LLC’s services accessible through any third-party applications or services, including third party hosting services. The Media District, LLC is under no obligation whatsoever to provide support or service for websites hosted on third party servers or non-The Media District, LLC’s servers.
BASICALLY………. We are not responsible or liable for any outside service that we integrate into your project. (i.e. facebook, twitter, etc.)
Use of Client Information
Client hereby agrees that any information or ideas submitted to The Media District, LLC by any means may be used by The Media District, LLC without compensation or liability to Client for any purpose whatsoever, including but not limited to, developing websites, databases, e-commerce and developing, manufacturing and marketing other products. This provision does not apply to Client content or to personal information that is subject to The Media District, LLC’s Privacy Policy.
Client herby gives permission to The Media District, LLC to use samples or links to Client’s website designed by The Media District, LLC for marketing and advertising purposes, including but not limited to, use in The Media District, LLC’s online portfolio.
BASICALLY……….We may use the work we create for you as an example on our website or other promotional materials.
Severability
In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms. The failure by The Media District, LLC to avail itself of any right or enforce any obligation of this agreement shall not be deemed to be an ongoing waiver of such right or obligation or of any other right or obligation.
BASICALLY………. If one part of this document doesn’t hold up in court, the rest of the document is still valid.
Disclaimer of Warranties
Client’s use of The Media District, LLC’s services is at the client’s own risk. The Media District, LLC’s services are provided “as is.” The Media District, LLC disclaims to the fullest extent permitted by all all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. The Media District, LLC disclaims any warranties regarding The Media District, LLC’s services including that they will meet client’s requirements, that they will be uninterrupted, timely, secure, or error-free. The Media District, LLC disclaims any warranties regarding the result that may be obtained from the use of The Media District, LLC’s services, including resulting sales and web traffic. The Media District, LLC disclaims any warranties regarding the marketing of client’s products, services, sales, or website. The Media District, LLC disclaims any warranties regarding the quality of any products, services, information or other material purchased, advertised or obtained through The Media District, LLC’s services or links provided by The Media District, LLC’s services, as well as for any information or advice provided by The Media District, LLC or obtained through links provided through The Media District, LLC’s services.
BASICALLY………. We don’t make any guarantee that the work we do for you will provide any certain result you might be hoping for.
Limitation of Liability
Client understands and agrees that The Media District, LLC, its subsidiaries, affiliates, officers, and employees shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if The Media District, LLC has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from the use of or inability to use The Media District, LLC’s services, reliance on The Media District, LLC’s services, or from the interruption, suspension, or termination of The Media District, LLC’s services (including such damages incurred by third parties). The limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services resulting from products or services purchased or obtained or messages received or transactions entered through The Media District, LLC’s services or for unauthorized access to or alteration of Client’s data or transmissions and any statements or conduct of a third party or any other matters relating to The Media District, LLC’s services. Such limitation shall further apply, with respect to the performance or non-performance of services or any information or merchandise that appears on, or is linked in any way to The Media District, LLC’s services.
Without limiting the foregoing, under no circumstance shall The Media District, LLC be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. The Media District, LLC’s full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to The Media District, LLC.
BASICALLY……….We are not liable for any damages to your business or organization that you could possibly think were our fault.
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