Terms and Conditions

Website Design Terms & Conditions

By placing an order with HomeBizMedia, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:

The Client: The company or individual requesting the services of HomeBizMedia.

HomeBizMedia: Primary designer/site owner & employees or affiliates.

General

HomeBizMedia will carry out work only where an agreement is provided either by email, telephone, mail or fax. HomeBizMedia will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between HomeBizMedia and the client; this includes telephone and email agreements.

Website Design

while every endeavor will be made to ensure that the website and any scripts or programs are free of errors, HomeBizMedia cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, domain name, graphics and any programming code remain the property of HomeBizMedia.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by HomeBizMedia remain the copyright of HomeBizMedia and may only be commercially reproduced or resold with the permission of HomeBizMedia.

HomeBizMedia cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of HomeBizMedia and where no charge is made by HomeBizMedia for such additions, HomeBizMedia accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to HomeBizMedia all materials required completing the site to the agreed standard and within the set deadline.

HomeBizMedia will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

HomeBizMedia will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

HomeBizMedia will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

HomeBizMedia will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Payment is due at time of purchase

Database, Application and E-Commerce Development

HomeBizMedia cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications or software (unless specifically agreed) written by HomeBizMedia remain the copyright of HomeBizMedia and may only be commercially reproduced or resold with the permission of HomeBizMedia.

Where applications or sites are developed on servers not recommended by HomeBizMedia, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by HomeBizMedia before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, HomeBizMedia will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Website Hosting

We Host all sites as part of the agreed upon monthly hosting fees, HomeBizMedia reserves the right to change with 30 days notice.

Hosting Payment Policy & Billing Procedures

All accounts are set up on a pre-pay basis. We accept payments via Check, Money Order, Online Check (preferred), Credit Card, PayPal, and Western Union. Setup fees are charged for all new accounts that are paid on a monthly basis and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. HomeBizMedia Limited reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies HomeBizMedia Limited to request termination of services. All payments are non-refundable once paid and your sites has been made live, in making payment you agree fully to the terms and conditions and agree to not file any disputes on you charges for your service that have been rendered if you should do this you will be procuted to the fullest extend of the law and also will be subject to a $75.00 fee plus any and all other fees associated with the dispute process and attorney’s fees, court costs and all other expenses that related to the fighting of a charge back you will also forfeit any discount that you may have received. For every chargeback you will receive a charge of $75.00 and will also be responsible for fees not less than $500.00

Payment of Accounts

Payment in Full is required from any new client before any work is carried out. It is the HomeBizMedia policy that any outstanding accounts for work carried out by HomeBizMedia or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with HomeBizMedia.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or HomeBizMedia have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Passing of Rights

Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or license but no rights of ownership are conveyed unless specifically stated in the Project Contract.

No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.

The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.

Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by HomeBizMedia should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

HomeBizMedia will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to HomeBizMedia, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Earnings Disclaimer

*Read the following in its entirety, before purchasing and/or using any information contained on our Site.

Pursuant to U.S. State & Federal Laws

Legal Information: Terms and Conditions
This site (the "Site") is owned and operated by www.homebizmedia.com . Your access and use of the Site is subject to the following terms and conditions ("Terms and Conditions") on this page, and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions. If you do not agree with any of the below Terms and Conditions, do not use the Site and do not purchase our materials. www.homebizmedia.com reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time and by using our Site, you agree to be bound by such modifications, alterations or updates.

Copyrights and Trademarks
The documents and information on the Site are copyrighted materials of www.homebizmedia.com . Copyright information contained on this domain may not be reproduced, distributed or copied publicly in any way, including Internet, e-mail, newsgroups, or reprinting. Any violator will be subject to the maximum fine and penalty imposed by law. Purchasers of our information are granted a license to use the information contained herein for their own personal use only. Any violators will be pursued and punished to the fullest extent of the law. No claim of copyright is made on any 3rd party software, websites, images or text that may be referenced in our product(s). By viewing and/or purchasing the materials on our website, you agree to bound by these copyright terms.

Limitation of Liability
Information and any software available for download on this site is provided "As is", without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Our company's entire liability, and any customer's exclusive remedy, shall be a refund of the price paid.

Though we strive for accuracy, information on the Site may contain inadvertent technical inaccuracies or typographical errors. Information may be changed or updated without notice. www.homebizmedia.com may also make improvements and/or changes in the products and/or the programs/offers described in this information at any time without notice.

www.homebizmedia.com makes no representations whatsoever about any hyperlinked third-party sites which you may access through our Site or product. These 3rd party sites are not created or maintained by www.homebizmedia.com. They are independent from www.homebizmedia.com, and www.homebizmedia.com has no control over the content on those sites. Moreover, www.homebizmedia.com does not endorse or accept any responsibility for the content, or the use, of such sites. While we have no information about the presence of such dangers on 3rd party sites, you should take the necessary precautions to protect yourself and your systems from viruses, worms, Trojan horses, and other items of a destructive nature.

In no event will www.homebizmedia.com be liable to you or any other third party for any direct, indirect, special or other consequential damages for any use of this Site or our product(s), including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

Earnings
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, THEIR IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A "GET RICH SCHEME."

ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS ARE NOT TYPICAL. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL

As with any business, your results may vary, and will be based on your background, dedication, desire and motivation. We make no guarantees regarding the level of success you may experience. Any testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. You may also experience unknown or unforeseeable risks which can reduce results. We are not responsible for your actions.

Jurisdiction and Choice of Law
www.homebizmedia.com does not make any representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Florida, as it is applied to agreements entered into and to be performed entirely within such State.

Other
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

Home Biz Media