CME Websites Terms of Service
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by Computers Made Easy, Inc. (hereinafter referred to as “Chroma Marketing Essentials” or “CME”) and in the event of any dispute are governed by the laws of the Commonwealth of Pennsylvania.
All work is carried out by CME on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by CME on all design work including words, pictures, ideas, visuals and illustrations until all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of CME, unless specifically agreed in writing.
Limitations of Liability.
We do not guarantee any specific results. We are not responsible for any business loss that occurs during or after our time together.
Client agrees to:
- Participate fully in the development of the material, by providing timely responses and other information as required.
- Provide timely approval of the creative vision and direction.
- Meet Client’s payment obligations, in the method and timeframe selected.
Client certify that Client is at least 18 years of age.
Client agree that the email address provided in Client’s account information is valid and that Client will keep Client’s contact information up to date.
CME offers a number of ongoing monthly services including digital marketing, online advertising, social media, content marketing. At the time of the proposal, CME will provide the customer with a written quotation by email showing the monthly total.
While we recommend using these ongoing (monthly) services for a number of months, we do not hold clients to a specific contract period. Cancellation of orders may be made by telephone contact, or e-mail. Cancellation takes affect the following month.
Any advertising fees to outside sources (like Google or Facebook) are paid directly to the service providing the advertising.
At the time of proposal, CME will provide the customer with a written estimate or quotation by email for significant projects. Standard website maintenance work or other small tasks are not quoted, but are instead charged at a standard hourly rate.
A copy of the written estimate or quotation is to be digitally signed and dated by the customer to indicate acceptance and should be returned to CME.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
For the avoidance of doubt, the CME Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by CME will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
The quotation provided is the best estimate based on our experience and includes several drafts and the anticipated collaboration with the client. The client is notified if/when their feedback exceeds the estimated quotation.
Any creative project has the potential to require additional revisions. Revisions may incur an additional hourly fee, payable prior to the completion of the revisions. The hourly rate is dependent on the additional services required and will be provided to the client at the time of the request.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Transfer of files to an in-house or other designer, will be subject to preparation and transfer charges.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Once the project is approved, the customer will be provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to digitally sign the Approval Form or signify approval by email to CME.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Payments may be made by online transfer, credit card (Visa, Mastercard), Debit Card, or ACH transfer.
Payments made by check must be previously agreed and may be subject to an administration charge.
Publication and/or release of work done by CME on behalf of the client, may not take place before cleared funds have been received.
Returned checks will incur an additional fee of $40 per returned check. CME reserves the right to consider an account to be in default in the event of a returned check.
An account shall be considered overdue if it remains unpaid for 30 days from the date of invoice, or following a returned check. CME shall be entitled to remove CME ‘s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, design, digital advertising, digital marketing, and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all CME ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to CME for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by CME on behalf of the customer, will remain the property of CME until paid in full.
The client acknowledges that many of the images provided to the client through this service are purchased by CME from stock photography sites or other online photo resources. CME has purchased a license for the use of the photographs that carries with it certain limitations. CME grants to the client a non-exclusive, perpetual, and worldwide, non-transferable and non-sublicensable license to use the images provided an unlimited number of times in whole or in part in the creation of an item within the scope of permitted uses but does not entitle the client to the image’s copyright and/or intellectual property rights. All copyright and/or other intellectual property rights to the original file are reserved by the stock photography company and/or the contributor/owner of the file.
Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not CME.
By supplying images, text, or any other data to CME, the customer grants CME permission to use this material freely in the pursuit of the design.
Should CME, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow CME to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold CME free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that CME holds no responsibility for any amendments made by any third party, before or after a design is published.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
CME will not be held responsible for any and all damages resulting from such claims.
CME is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold CME responsible for any such loss or damage.
Any claim against CME shall be limited to the relevant fee(s) paid by the customer.
The client agrees to CME’s definition of acceptable means of supplying data to the company.
Text is to be supplied to CME in electronic format as standard text (.txt), MS Word (.docx) or via e-mail, Drop Box, or a shared folder..
Images which are supplied in an electronic format are to be provided in a format as prescribed by CME via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and CME will not be held responsible for any image quality which the client later deems to be unacceptable.
CME cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images
Design Project Duration
Any indication given by CME of a design project’s duration is to be considered by the customer to be an estimation. CME cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by CME for the initial payment or by date confirmed in writing by CME.
Rights of Access for Website Construction
The client agrees to allow CME all necessary access to computer systems, hosting, domain names and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow CME access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply CME with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
CME considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Once completed and paid for, you own any designs we develop, text we write, info-graphics, logos, animations, and the like. Some projects may require special hosting or use proprietary technology that you cannot own; however, in general, the website is yours to do with as you wish.
Once web design is complete and in a staging environment, CME will provide the customer with the opportunity to review the resulting work. CME will make one set of changes at no extra cost within 14 days of the start of the review period.
CME will consider that the client has accepted the original draft, if no notification of changes is received from the customer, within 14 days of the start of the review period.
There is no reason an average website cannot be completed in 8-10 weeks and smaller sites far more quickly. In our experience, we know that site development drags on when site owners never get around to doing their reviews, approving or supplying pictures, or simply disappear and become uncommunicative for months at a time.
It is expected that all content, images, and resources in your possession that are necessary for project completion will be delivered to CME within 60 days after project start.
At any time after 60 days, if CME has completed all design and technical work and is only waiting for needed content, images, resources, or reviews that have not been forthcoming, CME can, at its discretion, consider the project as complete and invoice for final payment. That said, CME will work in good faith to launch your project successfully at any time you provide previously missing content or resources.
Hosting Websites & Email
CME offers a hosting services through two sources: a dedicated web hosting computer for Windows applications and an out-sourced service for WordPress. CME does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
CME offers email hosting through two services: a dedicated web server and through Microsoft 365. CME does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
Monthly automated payments for email and web hosting with CME is due at the commencement of any period of service and are non-refundable.
Fees due to any third party hosting organizations contracted by the client are the responsibility of the client and CME are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
CME cannot guarantee the availability of any domain name. Where CME is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
CME does not own a client’s domain name. It is under the ownership of the client and can be transferred at the client’s request, assuming no fees are due CME.
Search Engine Acceptance
Due to the unlimited number of considerations that search engines use when determining a site’s ranking, CME cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another.
The customer agrees to allow CME to place a small credit on the client’s website. This will usually be in the form of a small logo or line of text placed at the bottom of the page.
The customer also agrees to allow CME to place websites and other designs, along with a link to the client’s site on CME’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
CME will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. CME also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that CME does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow CME to remove the contravention without hindrance, or penalty. CME is to be held in no way responsible for any such data being included.
Cancellation of orders may be made by telephone contact, or e-mail. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days.
CME makes no warranties of any kind, express or implied, for any and all products and/or services that it recommends or supplies from external sources. CME will not be held responsible for any and all damages resulting from products and/or services it supplies. CME is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold CME responsible for any such loss or damage. Any claim against CME shall be limited to the relevant fee(s) paid by the customer.
CME reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. CME will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. CME reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for any service offered by CME, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.chroma-marketing.com/terms-of-service.com.
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and CME.