Terms & Conditions
Understanding our Terms & Conditions ensures a transparent and secure experience for all users.
1. Introduction
These Terms and Conditions (“Terms”) govern the provision of services by Media Suite (“Company”, “we”, “us”, or “our”) to the Client (“Client”, “you”, or “your”). By engaging our brand development and/or web design services, you agree to be bound by these Terms.
2. Services
2.1 Scope of Services
The Company agrees to provide brand development, web design, and related services as described in the agreed-upon proposal or statement of work (“SOW”). The scope of services may include, but is not limited to, brand strategy, logo design, website development, graphic design, and digital marketing support.
2.2 Modifications to Services
Any changes to the scope of services must be agreed upon in writing by both parties. Additional services or modifications may result in additional fees.
3. Payment Terms
3.1 Fees
The Client agrees to pay the fees for the services as specified in the proposal or SOW. Fees are typically structured as a flat rate, hourly rate, or a combination of both.
3.2 Payment Schedule
Payment terms will be outlined in the proposal or SOW. Common payment structures include:
- Deposit: A non-refundable deposit is required before work begins.
- Milestone Payments: Payments are due upon the completion of specific project milestones.
- Final Payment: The remaining balance is due upon project completion and before the delivery of final deliverables.
- Recurring Payments: Our Website Memberships are billed once every month.
3.3 Late Payments
The Company reserves the right to suspend work or withhold deliverables until full payment is received.
Website memberships must be paid before the 15th of each month. If not, your website will be unpublished until payment has been received.
4. Intellectual Property
4.1 Ownership of Deliverables
Upon full payment of all fees, the Client will own the final deliverables created by the Company, including but not limited to logos, websites, and marketing materials. The Company retains the right to use the deliverables for promotional purposes unless otherwise agreed in writing.
4.2 Ownership of Websites
Websites built as part of the Website Memberships program are owned by the Company until the clients has successfully completed 24 monthly payments.
Custom built websites are owned by the client upon full payment of all development fees.
4.2 Pre-Existing Materials
Any pre-existing materials or intellectual property owned by the Company and used in the deliverables remain the property of the Company. The Client is granted a non-exclusive, non-transferable license to use these materials as part of the final deliverables.
4.3 Third-Party Materials
Any third-party materials, such as stock images or licensed software, used in the deliverables are subject to the terms of their respective licenses. The Client is responsible for ensuring compliance with these licenses.
5. Client Responsibilities
5.1 Provision of Materials
The Client agrees to provide all necessary materials, content, and information required for the Company to complete the services. Delays in the provision of such materials may result in project delays.
5.2 Approvals and Feedback
The Client is responsible for providing timely feedback and approvals at each project stage. Failure to do so may result in project delays.
6. Confidentiality
6.1 Confidential Information
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the project. This obligation shall survive the termination of the agreement.
6.2 Non-Disclosure
Neither party shall disclose any confidential information to any third party without the prior written consent of the other party, except as required by law.
7. Warranties and Disclaimers
7.1 Service Warranty
The Company warrants that the services will be performed in a professional and workmanlike manner. However, the Company does not warrant that the deliverables will be error-free or meet all of the Client’s expectations.
7.2 Disclaimer of Other Warranties
Except as expressly stated in these Terms, all services are provided “as is,” without any other warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
8. Limitation of Liability
8.1 Indirect Damages
In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
8.2 Liability Cap
The Company’s total liability under these Terms shall not exceed the total fees paid by the Client for the services under which the claim arises.
9. Termination
9.1 Termination by Client
The Client may terminate the agreement at any time by providing written notice to the Company. In the event of termination, the Client shall be responsible for payment of all services rendered up to the termination date.
9.2 Termination by Company
The Company reserves the right to terminate the agreement if the Client breaches any of the terms and fails to remedy such breach within 10 days of receiving written notice. The Company may also terminate the agreement if the Client becomes insolvent or unable to pay its debts as they fall due.
9.3 Effect of Termination
Upon termination, the Company shall deliver all completed work to the Client, and the Client shall pay for all work completed up to the termination date. Any unpaid fees or costs shall become immediately due and payable.
10. Dispute Resolution
10.1 Mediation
In the event of a dispute arising under this agreement, both parties agree to attempt to resolve the dispute through mediation before initiating legal action.
10.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Aruba. Any legal action or proceeding arising under this agreement shall be brought exclusively in the courts of Aruba.
11. Miscellaneous
11.1 Entire Agreement
These Terms, together with the proposal or SOW, constitute the entire agreement between the parties and supersede all prior agreements or understandings.
11.2 Amendments
Any amendments to these Terms must be made in writing and signed by both parties.
11.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.4 Assignment
The Client may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company.
11.5 Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, natural disasters, or government actions.