The contract between US Digital Marketing (USDM) owned and operated by One Global Consulting Inc., and you and your heirs, agents, successors, and assigns (collectively, “Client”) is made effective as of the date of your Electronic signature.
Client agrees to pay according to payment schedule listed in the invoice, which includes the Electronic signature of Client. The invoice is sent along with USDM Web Design, Hosting and Maintenance Service Agreement.
The contract period is six months from the date of Client’s electronic signature. After this period, the contract will become month-to-month and client can cancel by emailing us at info@usdigitalmarketing.net or mail us a registered cancellation letter at 4500 Park Granada Suite 202 Calabasas, CA 91302.
Initial payment made by USDM Client for Web services can be refunded within 3 days from the date of client's signature and after that all payments are non-refundable.
Any additional service different from the initial request availed by Client requires the need for another Electronic signature from Client. USDM will not commence any additional work unless Client signs another Electronic signature.
USDM will communicate requests and updates regarding Client’s web site design through an online collaboration tool called Basecamp. Client will supply the contents, both text and imagery, and USDM will suggest the look and feel of the site based on Client’s preference. Client agrees to provide the textual content limited to 500 words per web site page. Also, Client agrees to provide images limited to a maximum of 10 images or graphics per web site page. Client must submit to USDM all material in an electronic file format via email or file upload.
There will be a maximum of 3 rounds of revisions of Client’s web site. Design changes beyond this point are subject to additional charges.
It is important for Client to keep in contact with USDM throughout the entire project. Failure by Client to respond to any of our email after 15 business days from the date of the sent email, the project will result in a forced completion of the site using Industry Based Template with Content (IBTC).
Client must communicate frequently with USDM for a timely completion of the project. The maximum deadline to complete the project is 60 days after Client signs the Electronic signature. If the project is still not completed beyond the maximum deadline, USDM will force complete the project using IBTC.
If USDM is not hosting Client's web site, Client must immediately provide the login and password where Client's site is hosted when asked so we can upload all changes made on Client's web site. Failure to do so will allow USDM to cancel the contract without any refund to Client.
The WEB DESIGN PROJECT is completed once the newly finished web design work is online and can be viewed using Client’s chosen domain.
USDM strives towards creating a web site that meets Client’s expectation. However, USDM does not guarantee that expectations will be met if requests are unreasonable or unable to be completed within the scope of the service. Every step of the service requires Client’s feedback. Failure to provide timely and reasonable feedback may delay the completion of the service.
It is Client’s responsibility to know if Open Source Software is used or not. Client will not be charged with such use if any. Open Source Software is not owned by USDM nor by Client.
USDM will use the content approved by Client to complete Client’s web site. Client presents to USDM and unconditionally guarantees that all content, like photos and texts, are owned by Client or Client has permission from the rightful owner to use each element and will hold, protect, and defend USDM harmless from any claim or suit arising from their use.
If applicable, USDM will provide a maintenance service plan of 60 minutes per month of service. This maintenance service plan aims to provide an exchange of updates between Client and USDM on the contents and photos regarding Client’s web site. If the minutes are not consumed in the applicable month, it will not carry over to the next month.
If applicable, USDM will host Client’s web site. USDM will endeavor to provide a reliable and professional service at all times but does not guarantee continuous service. Client’s web site is limited to 500MB of web site space. Traffic bandwidth usage is likewise limited to 6GB per month. USDM is not responsible for lost of files, emails, and data residing on Client’s account. Client agrees to take full responsibility for all data backup relating to his web site. USDM has the right to terminate service if Client is using excessive space and bandwidth utilization. Client agrees that from time to time, hosting services may be inaccessible or inoperable for any reason, including but without limitation to: a) equipment malfunctions, b) periodic maintenance procedures or repairs USDM may undertake at any time, and c) causes beyond control of USDM or are not foreseeable by USDM.
USDM will not tolerate the transmission of spam, either directly or indirectly. All penalties and any legal expenses incurred by USDM related to spamming will be shouldered by Client. If USDM determines Client is using the service for spamming, will suspend or cancel USDM service unless immediately corrected by Client.
USDM reserves the right to terminate hosting service if Client participates in objectionable activities, which include but not limited to the following: a) activities prohibited by the Laws of United States and/or foreign territories in which Client lives or accesses the internet, b) activities designed to harm minor in any way, c) activities designed to encourage unlawful behavior, and d) activities designed to defame, embarrass, or abuse third party.
Should Client fail to pay on the due date, USDM shall have the following rights: a) terminate or suspend any access to any or all services of USDM, without incurring any liability whatsoever from the discontinuance of service and b) assess a 5% penalty charge per month c) charge attorney’s fee and any collection fee arising from efforts to collect all past due amounts to the extent allowed by law.
Merchant name to appear on your credit card statement is “US Digital Marketing”.
Domain name registration will be made on Client’s behalf for administrative contact. Client agrees that USDM does not guarantee that Client will be able to register or renew a desired name, even if your systems indicate that domain name is also available. Also, Client agrees that USDM will not be responsible for any inaccuracies or errors in the domain name registration or renewal process. The domain will be released to Client after paying USDM an administrative charge up to $700.
The source code developed by USDM is owned by USDM. In order for the source code to be released to Client, Client must pay an administrative charge of $150 per web site page to USDM and the release is done after USDM receives the full payment.
Client agrees to indemnify and hold USDM harmless against any and all claims, losses, penalties, liability, or claims caused or resulting indirectly from Client’s use of USDM service, without limitation and exception, including client violation of any third party’s rights including but not limited to copyright trademark or any third party right.
USDM’s liability under this agreement for any direct damages of any kind will not exceed an amount equal to the total amount paid by Client to USDM for the past 12 months. In no event shall USDM be liable for incidental or consequential damages or lost profits.
USDM will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct.
Client will pay or when necessary reimburse USDM or taxes and duties imposed upon and by reason of the performance of USDM in providing services to Client.
Client acknowledges and agrees that USDM is providing non-exclusive and non-transferable services to multiple clients.
USDM agrees to provide live customer support during normal hours Monday to Friday, 7am to 5pm pacific standard or 8am to 5pm pacific daylight saving time except during Holiday period.
Client agrees that during the term of the contract and for a period of 24 months after the termination of this agreement, Client shall not solicit any employee or consultant of USDM.
Client will not assign nor transfer this agreement, in whole or in part, either delegate or subcontract any of its rights, without USDM's prior written consent. However, USDM has the right to assign this contract to a third party upon written notice to Client.
USDM and the Client agree that all disputes arising out of this agreement shall be brought only in the district, federal, and small claims courts located in Calabasas, California.