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.
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.
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.
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.
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.
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.