POWERED DIGITAL MEDIA TERMS OF USE 

Design Terms of Use 

We (Powered Digital Media) create websites using Squarespace, a subscription-based web application that provides integrated website hosting, content management tools, and design tools that are accessed through a web browser.  We don’t work for Squarespace, and the subscription to the Squarespace service will be your responsibility, meaning you will be liable to pay the subscription fee and accept their Terms of Service in order to have your website hosted on their platform.

We will use the Squarespace tools to adapt a Squarespace template to make your overall website appearance and individual page layouts match your aesthetic wishes as closely as possible. We’ll use the Squarespace tools to provide the interactive functionality on your site, too. We don’t have the ability to alter the core functionality of the Squarespace platform, so the website we create for you will be constrained by the functions provided by Squarespace.  We can expand the capabilities of your website by incorporating other web applications, if those applications are compatible with the Squarespace platform. If we use a third-party application for your website, the accounts will be set up by you (or on your behalf by us), and you will be liable to accept the terms and conditions and pay any associated costs for using any such service.

Since your website will be built on the Squarespace platform, your core website will be functional in any of the browsers supported by Squarespace. However, should we incorporate any third-party applications, these applications may have different levels of browser support, which you can find on those third-party websites or by contacting them directly. Since browser technology and web applications change over time, we can make no guarantee that embedded third party applications or custom code will continue to operate in the desired way at any time after we conclude this project. In the unlikely event that Squarespace, the third party, or web browser technology changes in such a way that this breaks your website, we can provide an estimate for fixing it at that time. The work is also subject to the following general terms & conditions:

Overview & Definitions

1.     By ordering any work to be performed on your website or in connection with your website, you agree that the following terms and conditions will apply, hereafter referred to as the "Agreement".

2.     In this Agreement, the following definitions apply:

i)      "The Company" means Powered Digital Media. Located in Gilbert, Arizona.

ii)     "The Service" means the service provided by the Company to you which is covered under the Agreement.

iii)   "The Customer" means the individual or corporate entity that orders the service from the Company.  

iv)   "Session" means any consultation, training or collaborative work appointment which entails a designated meeting.

3.      Where the Service is ordered by a customer that is a corporate entity (defined as either a limited company, public limited company, limited liability partnership, company limited by guarantee or registered charity), the individual that places the order (defined as the living person that physically places the order) hereby agrees to be jointly and severally liable for all the payments required to be made for the Service.

4.     Where the Customer is an individual, the Service is not available to those under the age of 18 years.

5.     The Service must not be used for any illegal purpose by the Customer. Should the Company discover that the Service is being used for illegal purposes, they will be entitled to immediately terminate this Agreement.

6.     Any breach of these terms and conditions by the Customer may result in immediate termination of this Agreement by the Company. Such termination will be at the entire discretion of the Company.

General Conditions

7.     The Company reserves the right to refuse the Service to anyone for any reason at any time.

8.     Prior to commencing work, the nature of the work to be carried out will be described to the Customer along with the cost of the work. 

Limitation of Liability

9.     "Losses" in this agreement refers to the following types of losses: direct, indirect, consequential, loss of profits, loss of income/sales, loss of goodwill, loss of search engine rankings, loss of advertising costs, loss of use, loss of data or any other intangible losses.

10.  The Company will provide to the Customer an estimated schedule in which the Service will be performed. The schedule is however an estimate only, and sometimes the work will take longer than expected to complete. The Company does not accept any liability for any Losses caused as a result of the Service not being performed in the estimated time.

11.  The Customer orders the service from the Company at their own risk, and the Company provides no warranty or guarantee of the Service, save for guarantees and warranties implied by state and federal laws.

12.  The failure of the Company to exercise or enforce any of the terms and conditions of this Agreement shall not constitute any type of waiver of such right of provision.

Payment for the Service

13.  Web design projects will be scheduled with an official start date after this contract is signed and a 50% nonrefundable deposit is paid in full. 

14.  Where the Customer's registered address is located within the United States, all costs are subject to taxes at the prevailing local, state and federal rates.

15.  Once the work is completed the remaining payment must be paid in full before the Customer’s website goes live. 

16.  If the Service includes a Session, the Session can be cancelled at any time up to 24 hours prior to the start of the Session without penalty. If the session is cancelled within 24 hours, payment of 50% of the Session duration is due.

17.  Where the Company has commenced work on the provision of the Service, the Customer will not be entitled to a refund of any monies paid to the Company, except where expressly authorized, in writing, by the Company. Where the Company has carried out work in value greater to any monies paid to the Company, the Customer shall be required to make additional payment up to the value of the work carried out until the point of cancellation. It is the Company’s sole discretion to indicate the value of work carried out.

18.  Where the Company has agreed, under terms (13 & 15) to accept the 2 payments for the work and in the event of cancellation by the Customer under term (16 & 17), the Company shall assess the amount of work completed and inform the Customer within 7 days of their notice to cancel whether any refund to the Customer is due or whether a further payment should be made by the Customer to complete payment for the work completed.

19.  Where, under term (18) a refund is due to the Customer, such a refund will be processed by the Company within 7 days.

20.  Where, under term (18) a further payment is required from the Customer to the Company, the Customer shall make payment within 7 days.

21.  Should the Customer cancel the Service before the Company has commenced work, a full refund of monies paid by the Customer shall be issued by the Company less an administration fee. Such a refund will be processed by the Company within 7 days. The administration fee shall be $75 for design projects or small projects with a value of less than $500. Projects over that exceed $500 with be assessed a 10% of total project cost administration fee. 

Copyright & Intellectual Property

24. The Customer guarantees that all elements of text, images or other artwork provided for use in delivering the Service are either owned by The Customer, or that The Customer has license/permission to use them. 

25. All materials the Customer submits to Powered Digital Media for use on their website shall be obtained legally and not infringe on any copyright, trademark or other proprietary rights. Should you obtain images or other material illegally you shall be held liable for any damages resulting from infringement of such. We claim no intellectual property rights over the material you supply. You agree to hold Powered Digital Media harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. If image sourcing is specified as part of the Service, unless otherwise agreed the images will be licensed to The Company for use on our client websites, and we are responsible for ensuring compliance to copyright laws. However, should The Customer wish to use those images for any other purposes, such as your own brochures or advertising, then we can supply you with information on how to license the images yourselves.

26. Each project is allotted three comprehensive revisions which does not include a template change. Revisions outside of the package allotment will be billed separately at an hourly rate of $75/ hour with a minimum $75 fee.

27.  We limit the clients we take on each month so we can give your website the time and attention it deserves. Our general turn-around time is 4-6 weeks. Your timely feedback during the comprehensive revision process is greatly appreciated. While we appreciate feedback within 24 hours, you are required to respond to the Company one week from date of the proposed website draft. If timeline is not met, and feedback is not given, we will publish the site as is, close out the project, and invoice the remaining amount on the contract.

28.  Copywriting is an essential element of effective online marketing. It is the art and science of strategically delivering words that get customers to take action. We copywrite your website for you but ask you provide us with bios and as much information as possible to streamline this process.

29.  We offer a monthly website support plan. With our Monthly Support Plan, you’ll have us on call after launch. You’ll be allotted up to 5 changes to your site per month including adding testimonials, new products, additional services, updating portfolios, etc. The reoccurring monthly rate is $100 /month for service-based industries and $200 /month for E-Commerce sites. You will be charged via the credit card you provided every month on the date your website is published. Unused updates do not “rollover” from month to month. There is no contract required for the optional Monthly Support Plan and you can cancel service at any time.

30.  Each website we design comes with basic Search Engine Optimization work and a sitemap, allowing Google to crawl, understand, and ultimately, rank your website. 

31.  Domain authority, an older domain recognized as a trusted google website, is often more important than what platform you use and what you gain in speed and usability through making the switch to Squarespace may even increase your ranking. That said, we expressly state we make no promises your ranking will remain the same should you choose to switch platforms.

32.  Should you require PDM’s assistance outside these parameters our hourly rate is $75 / hr. with a minimum $75 fee.

33.  Powered Digital Media office hours are from 9:00 a.m. to 5:00 p.m. Monday - Friday. Please feel free to contact us anytime during those hours via e-mail, text, phone. If you contact us outside of office hours, we will respond the next business day. If you are on our Support Plan and request an update, please allow 24 business hours to make changes.

34. It is required by law to have a Privacy Policy on websites that collect any information (name, email, phone number, etc.) from its visitors. The Customer is responsible for providing this to the Company.

35. You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of this site or service. Additionally, Powered Digital Media is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Powered Digital Media has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Powered Digital Media cumulative liability to you exceed the total purchase price of the service you have purchased from Powered Digital Media, and if no purchase has been made by you Powered Digital Media cumulative liability to you shall not exceed $100.

36. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms of Use, or any use by you of our site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

No Assignment By The Customer

37. The Customer may not assign this Agreement without the prior written consent of the Company. Such permission may be refused by the Company at its sole discretion.

Disclosure

38. The Company reserves the right, with or without The Customer’s permission, to display and link to the project as part of our portfolio and to write about it on websites, in magazine articles and in books.

Rights Of Third Parties

39. Nothing in this agreement shall provide or be constructed to provide any third party with any right of remedy, claim, cause of action or privilege.

Entire Agreement & Jurisdiction

40. This Agreement constitutes the entire agreement between the parties. It supersedes and excludes all prior written or oral representations or warranties made by the Company to the Customer.

41. This Agreement is written in accordance with local, state and federal laws. All parties hereby submit to the exclusive jurisdiction of local, state, or federal courts should any dispute arise.

42. Should any term, warranty or condition, or any part of any term, part of any warranty, or part of any condition, be found to be unenforceable or contrary to local, state, or federal laws, the Customer hereby agrees that it shall not affect the validity or enforceability of the rest of this Agreement or the rest of the term, warranty or condition.