TERMS AND CONDITIONS
Effective September 1, 2015
Your use of Home Matrix Media services is at all times subject to the following Terms and Conditions, and continued use of this Site will indicate your agreement to be bound by the Terms and Conditions set forth below.
Home Matrix Media (also referred to “Agency”) may amend and revise these Terms from time to time without notice except as posted on the Home Matrix Media web site.
Full payment is required prior to publishing the final version of a single property website, including photography, property description, digital flyer, and domain name. Terms also apply to aerial video, content creation, and social media.
Once full payment has been received by Home Matrix Media, agency will surrender to the Client, all claims of ownership and full copyright for final work produced.
Until payment is received in full, all photography, property websites, designs/artwork, and rights to designs/artwork (whether in digital or printed format) remain the intellectual property of the Agency, as defined and enforceable under U.S. Copyright Law.
Appropriate credit and acknowledgment for work produced by the Agency should be attributed to Home Matrix Media where possible (for instance written in small text on the back of a printed item or at the bottom of a website), and the Agency’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
The agency will do its very best to ensure that agreed upon timelines are adhered to, but please be aware that circumstances, requested revisions, or additional requirements may potentially result in delays.
Timelines provided are estimated, however, the Agency will not be held liable if the project runs behind due the Client’s delay in passing information or approval, any third-party issues, or any Force Majeure event.
It is assumed that unless otherwise stated, most property descriptions/information will be provided by the Client, although the Agency will contribute to this (through headlines, etc) as a natural part of the creative process.
The Agency is able to provide full copywriting service or copy advice, as well as illustration, photography, and social media at an additional cost, if required.
Costs provided allow for a maximum of two sets of client revisions prior to publishing the property website, after which time additional charges may become payable at $10 per occurrence. Client would be made aware of additional fees in advance of completing all projects.
The Client agrees to alert the Agency in writing to any property photography/website cancellations.
Once the creative process has begun with the photo shoot, Client is responsible for full payment of property listing package. If the cancellation is made prior to the photo shoot, only the rider sign will require a $25 cancellation fee.
7) RIGHTS & USAGE
It is the responsibility of the Client to ensure that no copyright or trademark has been infringed when providing Home Matrix Media with external materials.
The Agency will never knowingly infringe any copyright or trademark and will deliver, to the best of their knowledge, creative solutions that are original and unique to Home Matrix Media.
8) DOMAIN NAME REGISTRATION
Home Matrix Media will assist with the application for registration of domain names via third-party domain name registrars, and will be registered in the name of Agency.
The registration and use of your domain name is subject to the terms of the applicable registrar, and the laws and regulations that govern the ownership and use of domain names.
Agency makes no representation that a domain name that you wish to register is capable of being registered for you, or that it will be registered in your name. You should therefore not assume registration of your requested domain name until you have been notified that it has been registered. Any action taken by you before such notification is at your risk.
Home Matrix Media has no responsibility or liability regarding any domain name (including its renewal) that is not managed by Agency.
9) WEB HOSTING
The Agency offers a web hosting service to host the property websites we have built for our clients. This is recommended in order to ensure ongoing quality of service and is a mandatory requirement for websites incorporating a content management system (CMS).
Although the standard of our hosting packages are high, the Agency is unable to guarantee 100% up-time (as no web host would) nor accept any responsibility for any error, omission or misrepresentation in relation to the websites hosted or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by any user of the websites hosted.
Agency makes no warranties or representations of any kind that hosting will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall the Agency be liable for any direct, indirect or consequential damages resulting from the hosting of client websites on our servers.
Agency does not issue service credits for any web hosting outages.
The Client agrees to indemnify Home Matrix Media from any and all claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided.
The Agency is not liable for any loss that may occur before, during or after the development of projects undertaken. The Agency will not be held responsible for any delays, errors or losses arising from any third party issues.
11) LIMITATION OF LIABILITY
The services and the work product of Home Matrix Media are sold “as is.”
In all circumstances, the maximum liability of Home Matrix Media, its agents and affiliates, to client for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of Agency.
In no event shall Agency be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Agency, even if Agency has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
12) DISCLAIMER OF WARRANTIES
Except for the express representations and warranties stated in this agreement, Home Matrix Media makes no warranties whatsoever. Home Matrix Media explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the project.
13) DISPUTE RESOLUTION
Agency and Client agree to attempt to resolve a dispute by negotiations.
If negotiations between Agency and Client are unsuccessful, either party may begin mediation or arbitration in a forum mutually agree to by both parties.
14) APPLICABLE LAW
This agreement shall be governed by and construed in accordance with the laws of the State of California.