Terms & Conditions
Effective Date: March 4, 2024
1. Introduction
These Terms & Conditions govern all services provided by The Media Butler LLC (“Company”) to its clients (“Client”). By engaging our services, you agree to these terms.
2. Services
The Company offers web development, SEO, digital marketing, and paid advertising services as described in individual agreements or project scopes.
3. Payments & Fees
- Fees are agreed upon before the project begins.
- Invoices are due within 7 days of receipt unless otherwise specified.
- Late payments may result in a 1.5% monthly interest fee and possible service suspension.
- Out-of-scope work requires Client approval before execution and may incur additional fees.
- The Client is responsible for third-party costs (e.g., ads, hosting, software licenses).
Payment Status & Service Availability
All services provided by The Media Butler are subject to timely payment in accordance with agreed billing terms.
Accounts with an outstanding balance that approaches forty-five (45) days past due may be subject to service interruption. If payment is not received within this timeframe, all services will be paused, which includes live site hosting. Related services will remain paused until the outstanding balance is resolved in full.
During any period of suspension, live website access may become unavailable and services dependent on hosting, infrastructure, maintenance, or ongoing management may be disabled.
The Media Butler shall have no obligation to provide services while an account is suspended due to non-payment and shall not be liable for any loss, damage, or business impact resulting from such suspension.
Services will be reinstated only after payment has been received and processed.
No Waiver
Failure to enforce payment terms or suspend services at any time shall not be deemed a waiver of The Media Butler’s right to enforce such terms in the future.
4. Responsibilities
- The Client must provide necessary information, approvals, and access in a timely manner.
- Delays caused by the Client may extend project timelines and may result in additional fees.
- The Company is not responsible for errors caused by third-party tools, Client modifications, or misuse of services.
5. Intellectual Property
- Work created specifically for the Client is owned by the Client upon full payment.
- The Company retains ownership of pre-existing materials, frameworks, and general know-how used in projects.
- CMS Systems: If the Company provides a content management system (CMS) as part of its services, the Client is renting the system under a non-exclusive, non-transferable license. The Client does not own the CMS, and access to it is contingent upon ongoing payments and compliance with the service agreement. If payments cease or the agreement is terminated, the Company reserves the right to revoke access.
- The Company may display completed work in its portfolio unless otherwise agreed.
6. Confidentiality
Both parties agree to keep sensitive business and project-related information confidential.
7. Limitation of Liability
- The Company is not liable for any indirect, incidental, or consequential damages.
- Maximum liability is limited to the total fees paid by the Client for the specific service in question.
8. Termination
- Either party may terminate services with 30 days’ written notice.
- Fees for completed work must still be paid.
- If the Client delays communication for more than 30 days, the Company may treat the project as terminated.
9. Dispute Resolution & Governing Law
- Any disputes shall first be resolved through good faith negotiation.
- This agreement is governed by the laws of Hawaii, USA, and disputes shall be settled in Hawaii courts.
10. General Provisions
- These Terms & Conditions may be updated from time to time. Continued use of services constitutes acceptance.
- No third party shall have any rights under this agreement.
For any questions, contact us at [email protected]
