Terms of Service

Thank you for your interest in Heavyhookedup Media website and digital design services ("services"). The services have been made available to you subject to your compliance with the terms and conditions set forth below (the "Terms of Service"). Please read this document carefully before accessing or using our services. By accessing or using our services through whatever means will constitute full acceptance of these terms and conditions. If you do not wish to be bound by these terms and conditions, do not access or use our services.

 

Heavyhookedup Media Digital Design Services

Quality and Satisfaction

We hold ourselves accountable to our clients, by honoring our commitments, providing results, and striving for the highest level of quality. We infuse every project with skills gained through years of experience in the industry. We do our best to provide every client with a 100% satisfactory service. And we deal with our clients honestly and fairly.

No payment is required before services are rendered. You pay only a deposit (to be agreed by bot parties) and settle the account when you are satisfied.

 

Order Submission and Processing

When ordering Heavyhookedup Media services, you are responsible for providing accurate and reliable project related data and personal information. You agree that any email address given for business purposes will be active and you understand that you are responsible for replying in time to all correspondence sent to that address by Heavyhookedup Media.

Heavyhookedup Media reserves the right to refuse or terminate any order with or without prior notice for any reason at anytime we see fit.

Any cost estimates that are or have been given by Heavyhookedup Media are estimates only. Actual client requirements, time spent and services supplied may be used as the basis for billing.

We may use files and resources you provide during the project life cycle. Materials provided by you must be free of copyright, unless copyright is held by you and permission is given to Heavyhookedup Media to use them. We can not be held responsible for any copyright or legal problems which may arise from your submissions.

You may at any time request a progress report and view the work for inspection as we may also ask you for periodic inspection of the work in progress for approval.

 

Delivery and Maintenance

Upon completion of the project and payment in full, Heavyhookedup Media transfers all custom designs by Heavyhookedup Media along with development source files to you. Please note that Heavyhookedup Media is not able to distribute or reproduce any intellectual property and files (e.g. font files, icons, software) made by third parties, unless we are granted permission to do so. A descriptive list of extra materials used during project development can be found in the package directory when you receive the final product.

We work hard to complete all projects in a timely manner. We provide you with an estimated project processing time. However, we do not guarantee deadlines as each project is unique and so is each client. Please understand that additional services, revisions to design or development of your project and delays in providing us with the information we require will significantly add to the delivery time.

Please review our Privacy Policy to understand our practices regarding the use and disclosure of your project information upon completion. We retain the right to display graphics, design elements and other information of your project as examples of our work in our respective portfolios.

Heavyhookedup Media offers minor updates (e.g. link changes, minor text changes) at no additional charge for 60 days after the delivery date. Maintenance after 60 days will be billed at a per hour rate. Fees for major or complex changes will be determined on a case by case basis.

 

Cancellations

You may cancel your project at anytime.

In the event of cancellation of agreement, ownership of all artwork, layouts and development remain copyrighted to Heavyhookedup Media and will not be transferred to the client. A fee might be involved depending on the amount of work completed.

 

Non-Communication

Unless otherwise noted, if Heavyhookedup Media is unable to communicate with a client on a project for a duration of 14 days by email or phone during the design and development process, the project will be automatically cancelled and no refund will be issued.

 

Payment and Refund

For All Orders

Upon confirmation of your order, Heavyhookedup Media will contact you as soon as possible to provide you with an initial draft preview of your project. A response to the draft preview is required within 72 hours. If there is no clear response within 72 hours, the project may be cancelled. After approval of the preview, a deposit of 30% of the total estimated cost of the project must be made in order to begin substantial work, with the remaining balance due when the project is complete, but before it is delivered.

Upon completion of the project, you will review the work for approval and submit any changes as soon as possible. When the final product is ready and approved, the remaining fee for services rendered will be due. Upon receipt of the balance due, the final product will be delivered to the client. If final payment is not received within 7 days of the completion of work, a 5% interest of the total project cost will be charged to the client for every daily delay in payment of the project.

For International Clients (Outside South Africa) - Payments must be made in US Dollars (USD) via PayPal or Bank Transfer, and we reserve the right to ask for an alternate method of payment. No additional charges outside the unanimous package agreement will apply unless circumstances cause a need and will NOT be added without consent from the client.

 

Not Refundable

Please understand that your project is a combination of two things: the designers' time, and the finished product. Payments are expected after services are rendered, and you pay only when you are satisfied. Thus unless the substantial work has not started, all payments are NON-REFUNDABLE.

 

Price Adjustments

We reserve the right to implement price adjustments at any time we see fit and without notice.

 

Website(s) and General Terms and Conditions

Electronic Communications

When you visit Heavyhookedup Media, use the website(s), send emails (via online forms, email service provider web pages, or email clients) to Heavyhookedup Media, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by emails, telephone or facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

 

Copyright Notice

Unless otherwise noted, all materials contained on this site (collectively "Content"), including, but not limited to, text, graphics, icons, still and moving images, sound recordings, musical compositions, audiovisual works and software, are the property of Heavyhookedup Media or its content suppliers and are protected by international copyright laws and may not be copied without the express permission of Heavyhookedup Media, which reserves all rights. The compilation of all Content on this site is the exclusive property of Heavyhookedup Media.

All Content is copyrighted as a collective work under international copyright laws, and Heavyhookedup Media, owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

Your submission of files including, but not limited to, résumés, emails, flash movies, images, logos, audio loops, and other files hereby constitutes your agreement to grant Heavyhookedup Media a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and Heavyhookedup Media. You also grant Heavyhookedup Media the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.

All trademarks, service marks, product names, company names and logos appearing on Heavyhookedup Media website(s) are the property of their respective owners, including in some instances Heavyhookedup Media. Any rights not expressly granted herein are reserved.

 

License and Website Access

Heavyhookedup Media grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Heavyhookedup Media. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Heavyhookedup Media. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of Heavyhookedup Media without the express written consent of Heavyhookedup Media. You may not use META tags or any other "hidden text" which utilize Heavyhookedup Media.com, Heavyhookedup Media.net, Heavyhookedup Media.org or any other derivative of our domain, company name or trademarks without the express written consent of Heavyhookedup Media. You are hereby granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page or any internal page of Heavyhookedup Media so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.

It is further understood and agreed that we cannot and do not guarantee or warrant that files made available for downloading through the Heavyhookedup Media website(s) will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Heavyhookedup Media are free from such contaminations.

 

Disclaimer of Warranty and Limitation of Liability

This website and related information is provided by Heavyhookedup Media on an "as is" and "as available" basis. Heavyhookedup Media makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk.

To the full extent permissible by applicable law, Heavyhookedup Media disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this website, its servers, or email sent from us are free of errors, viruses or other harmful components.

We use reasonable efforts to include accurate and up-to-date information on this website. We assume no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product or service is listed at an incorrect price or with other incorrect information, Heavyhookedup Media shall have the right to refuse or cancel any orders placed for the product listed incorrectly. We reserve the right to implement price adjustments for any reason at any time we see fit and without notice.

You understand and agree that Heavyhookedup Media, its parents, subsidiaries, affiliates, officers, and employees shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Heavyhookedup Media has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from the use of or inability to use Heavyhookedup Media services, reliance on Heavyhookedup Media services, or from the interruption, suspension, or termination of Heavyhookedup Media services (including such damages incurred by third parties). This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services resulting from products or services purchased or obtained or messages received or transactions entered through Heavyhookedup Media services or for unauthorized access to or alteration of your data or transmissions and any statements or conduct of a third party or any other matters relating to Heavyhookedup Media services. Such limitation shall further apply, with respect to the performance or non-performance of services or any information or merchandise that appears on, or is linked in any way to Heavyhookedup Media services.

Certain laws of some countries and states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some of the above disclaimers, exclusions, or limitations may not apply to you.

Heavyhookedup Media's liability, for any reason whatsoever, shall be limited to the amount it has received from you as payment for its services.

 

Third Party Links

Linked websites are not under the control of Heavyhookedup Media and we are not responsible for the contents of any linked site or any link contained in a linked site. Heavyhookedup Media provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Heavyhookedup Media of the site.

 

Modification of Terms

We reserve the right to change our terms, conditions, policies, and notices at any time we see fit and without giving any prior notice, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these terms and conditions and additional terms or notices posted on the Heavyhookedup Media website(s). Your continued access or use of our services shall be deemed your conclusive acceptance of the modified agreement.

 

Privacy

Please review our Privacy Policy, which also governs your use of our website(s) and services, to understand Heavyhookedup Media's practices regarding the use and disclosure of your information.

When you use our SERVICES , we assume that you have read and accept our Privacy Policy.

 

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

 

Other Provisions

Heavyhookedup Media's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these terms and conditions. Heavyhookedup Media may assign its rights and duties under these terms and conditions to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

 

Terms of Service Inquiries

Please feel free to contact us for any further information or questions about this page.

 

Last updated: September 24, 2010 (GMT)

 


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