Terms of Service

1. SERVICES AND PAYMENT

Hamby-Media.com (a subsidiary of Hamby Online Services LLC) agrees to undertake and complete the Services (as defined in this Agreement) in accordance with and on the specified schedule. As the only consideration regarding the subject matter of this Agreement, the Client will pay Hamby-Media.com in accordance with the terms set forth in this Agreement.

2. INDEMNIFICATIONS

In performing Services under this Agreement, Hamby-Media.com agrees not to design, develop or provide to Client any works or items that infringe on one or more patents, copyrights, trademarks or other intellectual property rights, privacy rights, or other rights of any other person or entity. Client agrees that its provision of any programs, text, pictures, sound, graphics, video and other data or content to Hamby-Media.com, and Hamby-Media.com's use of such data or content in the Deliverables, shall not infringe any patents, copyrights, trademarks or other intellectual property rights, privacy rights, or other rights of any other person or entity. If either party learns of any such possible infringement in the course of performing any work under this Agreement, it shall notify the other party in writing. Each party agrees to indemnify and hold harmless the other, its employees, directors, officers, shareholders, agents, or representatives for any claim, action, proceeding, damages, loss, cost, reasonable attorneys’ fees and expense that the other suffers in connection with such alleged or actual intellectual property infringement.

3. COPYRIGHT AND OWNERSHIP

Copyright, ownership, and all rights of Web pages, graphics, print templates, and text contained in the finished assembled Website produced by Hamby-Media.com belongs solely and exclusively to the Client upon final payment of this contract. Rights to photos, graphics, video, source code, work-up files, and computer programs are specifically transferred to the Client, and remain the property of their respective owners. Any licensed software not developed by Hamby-Media.com may be owned by another software company that has granted Hamby-Media.com the right to initiate it into the Client’s Website, and does not grant the Client ownership of the script. Hamby-Media.com retains the right to use custom coded elements, and to display graphics, videos, and other web design elements as examples of their work in their respective portfolios, unless otherwise specified by the Client. If the Client purchases a domain name through Hamby-Media.com, they retain ownership of the domain name(s) bought through Hamby-Media.com after the invoice is paid in full. Hamby-Media.com reserves the right to withhold property such as the final site, domain names and copyright ownership if the Client is in debt to Hamby-Media.com

4. LIMITATION OF LIABILITY

In no event shall Hamby-Media.com be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or Website. 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.

5. FEES AND PAYMENT TERMS

All fees shall be due and payable as set forth in the agreement. The only acceptable forms of payment are via Stripe.com. In order for Hamby-Media.com to keep its rates low, payments must be made promptly. Payments are required in full prior to a project kickoff by our team. If an amount remains delinquent 30 days after its due date, an additional 3% penalty will be added for each month of delinquency. If an amount remains delinquent 30 days after its due date, the client’s Website and/or Ad Campaigns will be removed from the Internet within 5 days without any further notification from Hamby-Media.com. Hamby-Media.com reserves the right to remove Web pages and/or Ad Campaigns from viewing on the Internet until final payment is made. In the event that collection proves necessary, the Client agrees to pay all fees incurred by that process.

6. TERMINATION

Once a Client has paid for the execution of a new website build, Hamby-Media.com will in no circumstance refund the the Client given the nature of this service and the speed at which is provided. If the Client chooses to move forward with any of our additional ongoing monthly services (hosting, content, etc) after a website project is completed, they can cancel immediately as there is no contractual obligation to continue services.

7. NOTICE

All notices under this Agreement shall be in writing.

8. WEBSITE HOSTING

By using 72HoursSites.com’s hosting services, the client agrees to transfer all hosting information to 72HoursSites.com in a timely manner in order to have all email addresses and contact uploaded by the projected completion date. 72HoursSites.com uses Webflow.com to house content online. We do not build websites to host on other platforms for the client to manage. If a client wishes to host on their own, we will transfer the site to their own Webflow account that they will pay for and manage.

9. MISCELLANEOUS

This contract shall be governed by the substantive laws of the state of Texas without regard to conflict of law principles. The contract constitutes the entire understanding and agreement between the parties hereto and their affiliates with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of such parties (whether oral or written). No promise, inducement, representation or agreement, other than as expressly set forth herein, has been made to or by the parties hereto. This agreement may be amended only by written agreement, signed by the parties to be bound by the amendment. This agreement shall be construed according to its fair meaning and not strictly for or against either party.

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