Entire Agreement: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on http://www.mbvirtualmanagement.com or in respect to The Service constitutes the entire agreement and understanding between you (The Client) and MB Virtual Management (The Vendor), and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between Client and Vendor (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Limit of Liability
Indemnification: Client agrees to indemnify, defend and hold harmless MB Virtual Management and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.
MB Virtual Management shall not be liable for any failure to perform any obligation under this Agreement if the failure is caused by a circumstance beyond its reasonable control, including but not limited to acts of God, war, industrial dispute or other natural or purposeful calamity.
Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. No refunds will be provided due to lack of cooperation unless Vendor deems necessary.
Intellectual Property
Credit, Copyright & Intellectual Property: In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business.
Where website design elements, imagery or branding collateral has been created by the Vendor, clients are contractually obligated to retain the MB Virtual Management credit where applied. For branding, this pertains to any social media or promotion of the branding or site design and on websites, the footer site design credit, ‘ Web design by ‘MB Virtual Management’ or ‘Site design by MB Virtual Management’ must be retained for the life of the website unless by agreement with MB Virtual Management.
Any imagery or wording created for the client by MB Virtual Management remains the intellectual property of MB Virtual Management and must be credited for the life of the element’s usage.
Where a Copyright is applied, this must be retained for the life of the product unless by arrangement with MB Virtual Management.
Where another company is utilized to amend an MB Virtual Management design, the altered design will be analyzed to ascertain whether the MB Virtual Management credit, copyright or intellectual property applies. Where it is measured that the MB Virtual Management design is no longer in use in any part, the credit may be removed only after this analysis and written confirmation have been provided. Where the MB Virtual Management design is still in use in any part, the credit or copyright must be retained for the life of the product.
Promotion of Services: The Client gives permission and shall allow the Vendor to use screenshots of the launched website design on the http://www.mbvirtualmanagement.com, the MB Virtual Management blog–Meg’s Daily Grind and/or social media for the purpose of promotion of examples of MB Virtual Management’s services. The Client’s website will be linked within the imagery where applicable.
Payment Terms: For projects – 50% of the total project cost quoted is due as a retainer which is non-refundable. The remaining 50% can be paid on the completion of each milestone to be determined by the client in liaison with MB Virtual Management. Payment is due within 7 days of the receipt of each invoice. Overdue invoices will incur a late payment fee of $25.
For projects based on a term or hourly rate, full payment is due within 7 working days of invoice date by online banking or e-transfer. Overdue invoices will incur a late payment fee of $25.
The minimum charge for hourly rate projects is one (1) hour at $35/hr. Monthly memberships are based on a minimum term of three (3) months. Terms can be 3, 6, 9 month or a one year contract.
Refund and Cancellation Policy: No Refunds. As our services are based on a time commitment, if the time commitment has been fulfilled, we are unable to refund any portion of the service fee. Services completed as described in this contract are not subject to refunds. The Client will not be reimbursed for services cancelled once work has begun. All sales are final.
General Provisions
Modification(s): To change anything in this Contract, the Client and the Business must agree to the change in writing and sign a document showing their contract.
Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Florida.
Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Termination: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services by providing a written 30-day notice. You’re responsible for paying for all work and costs incurred up until that date.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of either Party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. If any part, term or provision of this Agreement is held to be illegal or unenforceable, neither the validity nor enforceability of the remainder of this Agreement shall be affected.
Changes to Terms of Service: You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Any questions regarding our Terms Of Service can be directed to meghan@mbvirtualmanagement.com