TreeBranch Media

Design Services

TreeBranch Media Terms & Conditions

These are the standard terms and conditions for all projects and apply to all contracts and all work undertaken by TreeBranch Media for its clients. You may request a paper copy of these "Terms & Conditions" by contacting TreeBranch Media and a paper copy will be mailed to you.

Payment Terms

Invoices will be delivered in .PDF format to the registered email address. All payments are due 30 days after invoice date (Net 30). A service charge of 3% per month will be added to all unpaid invoices that are 30 days past due. If collection action is necessary, expenses and reasonable attorney’s fees will be added to the amount due.

Release of Liability

TreeBranch Media shall not be liable for any loss of profits, business, goodwill, data, interruption of business nor for incidental or consequential damages related to this agreement. You agree to indemnify and hold harmless TreeBranch Media, its successors and affiliates, from any losses, claims, damages, or liabilities relating to TreeBranch Media’s services under this agreement attributable to false or incomplete representations made by you, except to the extent such losses, claim, damages or liabilities are determined to have resulted from the intentional or deliberate misconduct of TreeBranch Media personnel.

Should our relationship terminate before our engagement is complete, you will be billed for services expended by us calculated on an hour basis at the time and materials rate shown herein for support up to the date of termination. If for any reason we are unable to complete services, we will discuss such reasons with you.

Dispute Resolution

Any disputes between us that arise under this agreement, or for a breach of this agreement, or that arise out of any other services performed by us for you, must be submitted to non-binding mediation before either of us can start a lawsuit against the other. To conduct mediation, each of us shall designate a representative with authority to fully resolve any and all disputes, and those representatives shall meet and attempt to negotiate a resolution of the dispute. If that effort fails, then a competent and impartial third party acceptable to each side shall be appointed to hold and conduct a non-binding mediation proceeding. You and we will equally share in the expenses of the mediator and each of us will pay for our own attorneys’ fees, if any. No lawsuit or legal process shall be commenced until at least 60 days after the mediator’s first meeting with the parties.

The nature of our agreement makes it inherently difficult, with the passage of time, to present evidence in a lawsuit that fully and fairly establishes the facts underlying any dispute that may arise between us. We both agree that notwithstanding any statute of limitation that might otherwise apply to a claim or dispute, including one arising out of this agreement or the services performed under this agreement, or for breach of contract, fraud or misrepresentation, mediation must be commenced within 30 days after last invoice date. This 30 day period applies at invoice date even if we continue to perform services in later periods and even if you or we have not become aware of the existence of a claim or the basis for a possible claim.

Confidentiality

TreeBranch Media will not divulge or sell any contact information of your employees or users of your website. TreeBranch Media will not divulge or sell any information regarding your administrative credentials to any third parties without your expressed written consent.

Hosting/Domains

Website design and development services do not include site hosting or domain name registration. However, that information will need to be provided to TreeBranch Media at the start of the engagement. TreeBranch Media offers hosting in TreeBranch Media's WPX.net account. You will be provided FTP access to files. If you have an existing site, migration to TBM's WPX hosting is performed at no cost. Refunds are available within 30 days of the date of the transaction. You may cancel hosting at any time, but a refund will only be issued if you request a refund via email or phone within the refund time frame. Migration of your site away from this hosting to another hosting will be charged at the current hourly rate. This cost for hosting is billed annually and is separate from design services and are not dependent on one another.

Conclusion

Agreement to these terms authorizes the engagement and utilization of TreeBranch Media ("TreeBranch Media") resources, intellectual property, and time for the delivery of web development services described herein. TreeBranch Media specifically disclaims all warranties, express or implied, including merchantability and fitness for purpose.

Hosting Services

TreeBranch Media WPX Hosting Terms & Conditions

These are the standard terms and conditions for hosting on TBM's WPX hosting package.

Subscription and Renewal Terms:

By subscribing to TreeBranch Media's web hosting service, you agree to a yearly billing cycle. Your subscription will automatically renew each year on the date of your initial subscription.

Non-Payment:

In the event of non-payment, we will notify you at least 30 days before your renewal date. If payment is not received within 30 days following your renewal date, TreeBranch Media reserves the right to deactivate your website. Upon deactivation, we will provide you with a backup of your site. Please ensure your contact and payment information is up to date to avoid service interruption.

Content Restrictions:

As a subscriber to TreeBranch Media's web hosting service, you agree to adhere to our content standards. The following types of content are strictly prohibited on any website hosted by TreeBranch Media:

Violent Content: Any form of content that promotes, glorifies, or depicts acts of violence against individuals or groups.
Sexual Content: Any content that displays, promotes, or otherwise features explicit sexual material, pornography, or adult services.
Hate Speech and Discrimination: Content that promotes hate speech, discrimination, or harm against individuals or groups based on race, ethnicity, national origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.
Illegal Activities: Any content that promotes, facilitates, or engages in illegal activities.

TreeBranch Media reserves the right to remove content that violates these standards and, if necessary, suspend or terminate the hosting services without a refund.

Intellectual Property Rights:

You are responsible for ensuring that the content you upload to your website does not infringe on any third-party intellectual property rights. This includes adhering to copyright, trademark, and patent laws.

Refunds:

Refunds are available within 30 days of the date of the transaction. You may cancel hosting at any time, but a refund will only be issued if you request a refund via email or phone within the refund time frame. Migration of your site away from this hosting to another hosting will be charged at the current hourly rate. This cost for hosting is billed annually and is separate from design services and are not dependent on one another.

Cancellation Policy:

To manage your subscription, including updating payment methods and cancellation, please visit https://treebranchmedia.com/client-portal.

Data Storage and Backup:

If TreeBranch Media is contracted to maintain your website, we will provide an offline backup of your site. If you are not using our maintenance services, you are responsible for creating and storing your own backups.

Your site is limited to a maximum of 3Gb. If you site is using more, TreeBranch may ask you to reduce the number of files. If you need help streamlining your site, it will be billed at the current hourly rate. If you cannot reduce the size of your site, TreeBranch Media will help you to find other hosting options. Migrations away from TreeBranch Media will be charged at the hourly rate, or TreeBranch Media will provide you with a backup of your site.

Liability Limitation:

TreeBranch Media is not liable for any indirect, special, incidental, punitive, or consequential damages arising out of or related to your use of our hosting services. This includes, but is not limited to, loss of data, revenue, or profits.

TreeBranch Media is subject to the terms and conditions of WPX.net which is the ultimate provider of the hosting services.

Security:

If TreeBranch Media is contracted to maintain your website, we will install security software on your site. In the event of a security breach or hack, you will be charged our standard hourly rate for the services required to clean and secure your site.

If TreeBranch Media is not contracted to maintain your website, you are responsible for taking steps to secure your website. Hack reversal services will be available at the hourly rate.

Changes to Terms of Service:
TreeBranch Media reserves the right to modify these terms at any time. Continued use of our services after such changes constitutes acceptance of the new terms.

Customer Support and Service Levels:
For questions or concerns regarding hosting, please email holley@treebranchmedia.com. We are committed to providing prompt and efficient customer support.

Acceptance of Terms:
By using TreeBranch Media's web hosting services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

Client Registration