All services and products provided by Warm Media are subject to the following terms and conditions. The use of services and products from Warm Media constitutes agreement to these terms and conditions.
Price Quotes
Price Quotes provided to prospective clients will be honored for a period of 30 days. After 30 days, a new price quote will be provided upon request.
Contracts
Warm Media does not require written contracts, nor will Warm Media enter into any written contract provided by the client. All of our services are warranted by the terms and conditions outlined on this page.
Payments and fees
Warm Media requires a 50% deposit before we begin work on any project. (Flex-Pay installment payments may be accepted only if agreed to in writing per the original invoice.) During the design and development process, additional charges may be added if the client requests more work than was originally requested. The remaining project balance is due upon completion of the project. All projects that are $400 or less may be subject to required full payment up front.
Flex-Pay Payment Option
At Warm Media, we understand cash flow is important to your business. That’s why we’ve developed Flex-Pay to allow your business to pay for web development with affordable monthly payments. We offer your business easy monthly payments of 2, 4 or 6 months on web development projects. If you choose to use our Flex-Pay payment option, you must let us know before we prepare your project invoice.
- 2 equal, interest free, monthly payments on projects between $1500 and $3000.
- 3 equal, interest free, monthly payments on projects between $3000 and $5000.
- 4 equal, interest free, monthly payments on projects over $5000.
Failure to Pay:
Any payments by check that does not clear will be charged a $50 fee added to customer’s final balance.
While Warm Media will provide our clients with reasonable notification, Warm Media retains the right to withhold all of products, services and projects, with the exception of any files and content provided by the client, until the final balance is paid in full. All RELATED projects, products and services will be interrupted and taken offline on accounts that reach 14 days past due.
Projects, products and services that are interrupted and taken offline for nonpayment are subject to a $50 storage fee added to customer’s balance every 30 days past due and may be subject to a one time $75 re-connection charge to restore products, services and projects. If a past due balance remains unpaid by client after 60 days, Warm Media reserves the right to remove, delete and resell customer’s products, services and projects, with the exception of any files and content provided by the client.
Non-Communication
If a client does not respond to all attempts (minimum 5 documented attempts) of communication for a duration of at least fourteen consecutive days (14) by phone or email during the design, the project will be canceled without prior notice and no refund will be issued.
Refund Policy:
Due to the nature of our products and services, all payments to Warm Media are nonrefundable unless otherwise decided by Warm Media and only Warm Media.
Recurring Services:
For any recurring services, you must notify Warm Media at least 7 days before the next automated renewal date if you wish to cancel the recurring payments without any further recurring charges. Warm Media shall not be held responsible for recurring invoicing or automated payment if notified less than 7 days before the next renewal payment date, and this payment will not be refunded.
Chargebacks
Warm Media will not enter into negotiation if a chargeback or payment dispute is initiated by any individual or company. Our Refund policies are clearly stated above. If we receive a chargeback or payment dispute on a valid charge, a $100 chargeback fee will be added to customer’s balance.
Rates
To be transparent as possible, we charge a fixed hourly rate for all our work, irrelevant of what type of project it is. All projects are completed on a first-come first-served basis billed at $125/hour.
Website Credit Footer
Warm Media will occasionally add a link to WarmMedia.com on your website in the footer of every page. This signifies that Warm Media created your website. If you wish to have this removed from your website, simply let us know and it will be removed immediately.
Copyright & Ownership
Any programming, code, content and media created by Warm Media prior to acceptance of final payment are the sole property of Warm Media and may not be used, sold, redistributed or altered in any way. Upon acceptance of your final payment, Warm Media transfers all rights and ownership of programming, code, content and media created by Warm Media to the client.
Any Copyrighted, Open Source, Private and Licensed programming, code, content, media, video, photos, graphics and software are not transferred to the client and remain under copyright of their respective owners.
Warm Media is not responsible in anyway for the code, content, media, video, photos, graphics and software a customer hosts or displays on Warm Media network and client websites. Client is responsible for any material infringing or allegedly infringing on the proprietary rights of a third party and copyright infringement.
Warm Media will occasionally display websites and graphics that have been designed by Warm Media on any portion of our website (WarmMedia.com), and in any marketing material to aid as examples of our work. If you do not want us to use your websites and graphics that have been designed by Warm Media , simply let us know and it will be removed immediately.
Project Development & Delivery
Warm Media understands the importance of completing projects in a timely manner. Warm Media will attempt to complete all projects by the date the client has requested as the date of completion. If for any reason Warm Media cannot complete your project within 7 days after the requested date of completion, the client has the right to cancel project and request a refund.
Project & Service Consideration
Warm Media is a privately owned and operated company. We will not accept projects that we find morally questionable, unethical, or distasteful. Warm Media has the right to refuse service to any individual or company, for any reason, without risk.
Additional Hosting Conditions
- No Spamming or unsolicited bulk email is allowed.
- No illegal or destructive material, content or activities are allowed.
- No material or content that is related to pornography, violence, hatred, fraud, pirated software, drugs, controlled substances, gambling or betting is allowed.
- You must retain accurate contact information to avoid having your account suspended and/or terminated.
- All activities may be monitored, recorded, and examined by any authorized person, including law enforcement.
- Warm Media reserves the right, but is not obligated to review the content posted via the service and to refuse or remove any such materials in its sole discretion, without notice at any time.
- You agree that Warm Media may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service.
- If you discover anyone on our system violating any of these terms or notice anything suspicious from our network, please report it for investigation. We will immediately terminate any account we feel has been in violation of any of these terms.
Hosting Uptime
Warm Media strives to offer the best network and server uptime. We guarantee that our network will stay up 99.9% of the time. Like all hosting companies, from time to time we experience downtime. Server uptime on the other hand is dependent on a variety of issues, ranging from the activity by our clients, traffic to other sites, hardware failure, to issues like hard-drive failure and file corruption. Most issues are resolved in approximately 15 minutes, however on extreme issues it may take more than 15 minutes to resolve the issue. In these extremely rare circumstances the server may require additional time to resolve the issue. This can take several hours and in very rare cases as much as a day to get your server back up and running.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Warm Media harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Warm Media, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Warm Media against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Warm Media; (2) any material infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Warm Media’s network.
Arbitration
By using any Warm Media services, you agree to submit to binding arbitration. If any disputes or claims arise against Warm Media or its subsidiaries, such disputes will be handled by an arbitrator of Warm Media’s choice. An arbitrator from the American Arbitration Association will be selected. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Liability
Services and products purchased from Warm Media are provided “as is” without warranty of any kind that the project, product or service will be uninterrupted or error free. Warm Media shall not be held liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the provided website, services, and/or goods. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client. Customer is solely responsible for backing up their content and or any files that reside on Warm Media’s managed and/or owned servers and/or network. Warm Media is not responsible in anyway for the content and media a customer hosts or displays on Warm Media network, or for the reliability of the transmission of data across or through the Warm Media network
Changes to the TOS
Warm Media reserves the right to revise its policies at any time without notice.
Acceptance
By submitting any payment for our services or products you are agreeing to all of our terms of service as written here.
Questions and Feedback
If you have any questions or feedback related to our TOS, please contact us.
