Terms of Service
Terms of Service
The following terms and conditions govern all use of Overhaul Media, client websites and all web services including, but not limited to web design, web development, SEO, graphic design, consulting, online marketing, support, and hosting (collectively, the “Service”). The Service is owned and operated by Overhaul Media including but not limited to employees, agents, vendors and partners (“Overhaul Media”). The Service is offered subject to your acceptance without modification of all the terms and conditions contained herein (the “Agreement”).
Material under this agreement includes, but not limited to text, graphics, photos, audio files, video files, source code and software produced, purchased or rented for the service (the “material”). You guarantee that all material furnished to Overhaul Media are owned by you, or that you have permission from the rightful owner to use the material within this agreement. All original material produced by Overhaul Media under this agreement shall remain the intellectual property of Overhaul Media until you have provided final payment for the entire project, at which point Overhaul Media will transfer the material to you. Copyrights to any third-party material shall remain property of their respective owners.
Every project includes two rounds of minor revisions during the wireframe and design phases. Major and/or additional revisions and/or new requirements will be billed at our standard hourly rate.
You can cancel your project at any time by providing written notice. Previous payments from the date of your cancellation are non-refundable. Upon cancellation, Overhaul Media shall remain the sole owner of the intellectual property for all the material originally produced by Overhaul Media.
Overhaul Media guarantees that your support tickets will be processed and prioritized within one business day. Overhaul Media will make the best possible effort to resolve the ticket immediately; however, Overhaul Media cannot guarantee the time to resolve the ticket because the time for each ticket will vary based on the nature of the request. Should Overhaul Media fail to process and prioritize your ticket within one business day, the ticket will be resolved at no cost to you.
Overhaul Media reserves the right to void the Support guarantee under the following conditions:
- You don’t have a support plan at the time you submitted your ticket; or
- You fail to provide written notice to exercise your guarantee within three business days of the delay; or
- The delay was caused by any issues that are outside of Overhaul Media’s reasonable control.
Overhaul Media guarantees that your website will be available online 100% of the time. Should the availability of your website fall below 100% during any given calendar month, you will receive one month free of hosting per incident, with a maximum of two incidents per calendar month.
Overhaul Media reserves the right to void the website uptime guarantee under the following conditions:
- You fail to provide written notice with the date and time of your website’s downtime within three business days after your website was not available; or
- The downtime was caused by a scheduled maintenance, emergency maintenance and upgrade; or
- The downtime was caused by any issues that are outside of Overhaul Media’s reasonable control.
LIMITATION OF LIABILITY
Overhaul Media will not be held responsible for any special, incidental or consequential damages; the cost of procurement or substitute products or services; or for interruption of use or loss or corruption of data. Overhaul Media shall not be held liable for any information supplied by you or contained within your website.
You strictly agree to the terms within this agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, province, city, or other governmental area regarding online conduct and acceptable content). This agreement supersedes any prior written or oral agreements between you and Overhaul Media.