The following is the terms and conditions for services provided to client ("you", "client") by Monarch Media Services ("MMS" "us", "we", "our") for client. By agreeing to do business with Monarch Media Services you are agreeing to this policy called ("Agreement" or "Customer Service Agreement") displayed in the www.monarchmediaservices.com website. This service agreement is subject to change without prior notification. Custom SLA agreements can be issued on a project by project basis and are in addition to the MMS Service Agreement. The custom SLA may rule over this agreement in some cases, except in the event of account cancellation, in which case this agreement will rule over any other. This agreement hereby precludes any previous versions of the Monarch Media Services Service Agreement, and this document will be enforced and is applicable to all Monarch Media Services customers (customers, clients = "people who do business with Monarch Media Services").
Monarch Media Services reserves the right to refuse business to anyone for any reason. Monarch Media Services also reserves the right to quit a project or account for any reason at any time.
All material given to Monarch Media Services for the purposes of design of said
web site is confidential and private. Monarch Media Services agrees not to use said
materials other than for the intended purpose. At the request of the customer, all
materials will be returned and confidentiality maintained.
All material given to Monarch Media Services will be in electronic format unless
otherwise negotiated between Monarch Media Services and client. Invoices will be
sent via email and paper copies are not provided unless specifically requested by
client.
All Intellectual property and technology included in the development and final design
by Monarch Media Services for said client is the property of Monarch Media Services
until payment has been received in full for said services and any associated fees.
Upon payment in full, MMS will transfer all ownership of said property to the
client, unless product is a licensed product in which case rules regarding ownership
are referenced in the license agreement upon completion of a licensed agreement
where applicable.
MMS does not condone or include, design with or add any content that is pornographic, drug or gang related, or illegal in nature. Client promises to abide by this rule.
Client realizes that design fees are for the original development of said web site
at best efforts by Monarch Media Services. The design fees do not include continual
updates and changes to said web site past the original release. Client is subject
to additional fees for maintenance, changes, and upgrades to original design.
Once project begins, all new ideas, upgrades, or major variances are considered
a separate project and will be quoted and billed in addition to original work. Email
approval or authorization by client is considered sufficient approval of new work
and will become due and payable. All quotes and proposals expire 30 days after issuing.
Once quotes expire a new quote may be issued with current pricing.
Unless otherwise determined, all project meetings are conducted virtually using
Virtual Collaboration Technologies, such as go-to-meeting. Communication and authorizations
will be conducted primarily by email. Phone calls must be scheduled via email to
avoid communication delays due to variances in client, staff schedules. On-site meetings
can be conducted at the clients expense at an approved meeting location at a rate
of $200 per hour and charges will also include any travel fees for air flight, lodging,
and other travel charges associated. No on-site project meetings will be conducted
without receipt of a project deposit of at least $25% of the project cost.
Unless previously negotiated, client understands that payments to MMS must be successfully
paid by on time. We accept check, Visa and Mastercard. If client check is returned,
a returned check fee of $50 per check will be charged to client’s account, and payment
will be due immediately and client may be subject to late fees.
Payments are considered late the day after the due date stated on invoice. A late
fee of $25 will be applied to each late invoice for each day that payment is not
received. Fees must be paid in order to resume project work or services. In
the event of a late payment, Monarch Media Services reserves the right to change
any agreed payment structure between client and Monarch Media Services. In
the event of a late payment, all work will cease to continue until account is paid
current or at the discretion of Monarch Media Services. Client agrees to hold Monarch
Media Services harmless of any delays and any subsequent issues that may arise related
to delays to project caused by late payment. Client understands that a late payment
status will not stop future billing cycles from occurring and all future payments
will be due as usual, and are subject to the same late payment policies.
Client agrees to follow the Monarch Media Services design process, which is composed
of four general phases unless otherwise stated in project documentation: Requirements, Prototype
(Look and Feel), Development, Testing, Deployment.
Client agrees to payment terms as decided by Monarch Media Services. Client also
agrees to pay a minimum deposit of 25% of the total project cost. Monarch
Media Services will require the balance paid at a specified dates regardless of
project status. Money paid to Monarch Media Services for work done is
non-refundable and non-transferrable, and refunds can only be issued on any unused
portion at the discretion of Monarch Media Services.
Client understands that Monarch Media Services is not responsible for Copyright
and Trademark violations of material provided or requested by client. Client understands
and agrees that no fees can ever be retrieved from Monarch Media Services beyond
the total project dollar amount paid for the project or service associated in any
dispute between client and Monarch Media Services. Client agrees to hold Monarch
Media Services harmless against any legal disputes that might arise from the development
and outcomes thereof of designed or partially designed web site. Monarch Media Services
is not responsible for any projected or non projected income, profit or loss or
any other financial potential or fact beyond the total amount paid by client.
By utilizing or continuing to utilize products or service of any kind from Monarch
Media Services, you are declaring that you are an authorized personal to act on
behalf of self and company you own or are employed with, and you acknowledge that
you have read and accept the terms of this agreement and promise to abide by all
terms and conditions in this agreement for as long as you do business with Monarch
Media Services.
For questions regarding this or any other policy enforced by Monarch Media Services, please contact legal@monarchmediaservices.com
