Terms and Conditions

Alpha Media House Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY

These Terms of Use describe the terms and conditions under which you, the user, are granted the right to use the websites operated by Alpha Media House, LLC. (“Alpha Media House”) and certain of Alpha Media House’s subsidiaries, including this website (the “Website” or “Websites”).

General Website Usage Terms and Conditions

USER AGREEMENT
BY USING THIS WEBSITE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEBSITE. Your use of this Website is contingent on the foregoing agreement, and if you do not agree, you must cease using the Website. Your electronic acceptance of these Terms of Use and other posted policies through your use of this Website shall have the same force and effect as if you had actually signed an agreement embodying these terms. Alpha Media House may change these Terms of Use at any time by posting changes on this page of the Website. It is your responsibility to review these Terms of Use prior to each use of the Website. By continuing to use the Website, you agree to any such changes.

WEBSITE AND CONTENT

Website Availability
We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability. In addition, the Website contains links to other Internet sites, resources, and sponsors or advertisers on the Website. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site.

Copyright
All content on the Website is protected by copyright, and owned or controlled by Alpha Media House, or the party accredited as the owner or provider of the content. You must abide by all copyright notices, information, or restrictions contained in any content accessed through the Website.

Personal Non-Commercial Use
This Website is for your personal and noncommercial use only. This Website uses the Creative Commons licensing standards (www.creativecommons.org). By using this Website, you agree to be bound by the Creative Commons license associated with this Website. The terms of the license are available through a link located at the bottom of each page of the Website. You may download or copy the content on this Website for personal use, but only if you preserve and display all copyright and other notices relating to that content. Any other use of the content is prohibited without prior written permission from Alpha Media House (see Contact Us at the end of these Terms of Use), or the copyright owner identified in the copyright notice in the content.

Links/Advertisements/Search Engines
The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Website, or by Alpha Media House, or its affiliates of these sites, but is for your reference and convenience only. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.

The Website also contains advertisements by third parties. Unless otherwise specifically stated on the Website, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.

Unless otherwise prohibited under these Terms of Use, you are permitted to create hyperlinks to the content on the Website (including “deep linking” to articles or pages within site), provided that (1) the hyperlink text accurately describes the content as it appears on the Website, (2) no “scraping” of the content by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete originally displayed format), (3) under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages and (4) each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), unaltered without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website. We reserve the right at any time in our sole discretion to revoke this permission generally, or your right to use specific links. If you have any questions regarding these linking policies you may contact us, or if you wish to link in a manner not authorized in these Terms of Use, you must get our prior written permission (see Contact Us below).

Search engines and indexing agents are required to obey the Robots.txt file relating to the Website and its contents.

Commercial Transactions
Certain portions of the Website may act as a venue to allow anyone to offer, sell, and buy items from one other. However, the Website is not a store or “e-commerce” provider, and it is the SOLE RESPONSIBILITY of users to complete transactions. The Website has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items.

No Representations or Warranties
Alpha Media House and its affiliates make no representations or warranties as to the validity, truthfulness, accuracy or legality of any content on the Website, including without limitation any content submitted by any user (see Legal Terms below).

USER CREATED CONTENT


Submissions
You must be at least 13 years old to contribute content to this Website.

By submitting any material (text, photos, videos or other content) to Alpha Media House either through the Website or physical delivery, you agree to be bound by these Terms of Use, and to the terms of the Website’s Creative Commons license as to other users of the Website. The Creative Commons license terms are available through the link in the footer of the Website and may be updated at any time. It is your responsibility to review and understand these terms at the time of your submission. Under this Creative Commons license, you retain copyright ownership, but agree to free, non-commercial redistribution and use of your content by other users, and to the license to Alpha Media House and its affiliates as described below.

Through your submission of any materials of any kind (whether text, photos, video or other content), you grant to Alpha Media House and its affiliates the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sub licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose (collectively “Use”) the content submitted by you with no monetary compensation at any time. By making any submission, you waive any moral rights you may have if the materials are changed in a manner not agreeable to you. Alpha Media House has no obligation to provide attribution for any content you post. If you do not agree to these terms, do not submit any content.

Nothing in these Terms of Use prohibits you from redistributing or selling your original content to other parties.

You are solely responsible for all content that you post, email or otherwise make available through the Website. For all content provided by you, you agree to indemnify Alpha Media House Media and its affiliates as provided in Legal Terms below.

Content Submission Rules and Restrictions
By submitting any content, you represent and warrant that: (i) you either own the content or have all necessary rights to use and submit it; (ii) all information you provide is true, accurate and complete, and does not violate these Terms of Use or the terms of any third party license; and, (iii) the content will not cause injury, embarrassment or harm to any person or entity. You agree to obtain written consent from any persons shown in any photo or video you post on the Website. You further agree to obtain all necessary consents from persons identified in or implicated by your submission. If a minor is identified in a photo or video you submit on the Website, you must obtain consent from the minor’s parent or legal guardian, as appropriate.
You agree not to submit any content in any interactive areas including forums, chat rooms, discussion boards, emails or otherwise that:
• is libelous, defamatory, obscene, pornographic, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair or otherwise illegal; contains photographs or illustrations in poor taste; • is threatening, abusive or disruptive to other users (including without limitation repetitive, meaningless messages, personal attacks, content constituting spam, etc.) • abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, marital status, disability, etc. , or refers to such matters in any manner prohibited by law; • infringes any party’s intellectual property rights, including without limitation copyrights and trademarks; • impersonates another person or misquotes another person; • violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance or violates any party’s rights; or • offers, promotes or advertises any goods or services or solicits any funds or consideration, except in areas of the Website specifically designated for such purpose violates any right of the Website or any third party.
In addition, you agree not to contact any users of the Website (including through off-line communication) for the purpose of threatening, harassing or abusing them due to their content submissions on the Website.
You are solely responsible for the content you submit. Alpha Media House does not and cannot review every submission made and is not responsible for the content of any submissions. However, content that is deemed inappropriate or in violation of these Terms of Use, in Alpha Media House’s sole discretion, will be removed from public view. You may contact us if you disagree with any removal (see Contact Us below); however, all decisions regarding content and compliance with these Terms of Use will be determined by Alpha Media House in its sole discretion. If you disagree with these conditions, do not submit any content.

Identity and Privacy

You must use a consistent handle or account name for any submissions you make, and you may not submit content under another person’s name. If you are an elected official, you must submit content identifying yourself as such when posting about a political issue. “Sock puppets” are not permitted (i.e., using a fake or alternate identity to post content for a deceptive purpose, such as without limitation, praising a person or company without disclosing an underlying affiliation with that person or company).
We reserve the right to include your real name on your internet postings if required through registration or otherwise provided to us, or when republishing your material in a printed edition of one of our publications.
Alpha Media House does not warrant or claim to have verified the identity of any user. There may be users who participate under a false identity.
For information on our privacy policies regarding personal information gathered on the Website, please see our Privacy Policy link at the bottom of the page.

Real-world Meetings
The Website offers some social networking opportunities, including enabling users to create profiles that are designed to allow individuals to meet each other for any purpose. In addition, any posting to the Website will be publicly viewable, and your identity may be discovered by other users. We cannot vouch for the safety of offline meetings of individuals you meet through the Website, and such meetings are held at your sole risk and liability. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your telephone number(s), street addresses, URLs or email addresses publicly on the Website. If you do provide this information on the Website or to a third party who you met through the Website, it is at your sole risk. In addition, if you choose to submit content to the Website in an area that requires that your real identity be disclosed, you do so at your sole risk and liability.

WEBSITE REGISTRATION
Registration

Some areas of the Website may require registration in order to gain access or submit content. You may not create more than one account unless expressly permitted in the registration rules. If you create multiple accounts, you are prohibited from creating the appearance that multiple accounts controlled by you are in fact all different individuals.
It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur on this Website under your account, and you agree to notify Alpha Media House immediately of any known or suspected unauthorized use of your account, including loss, theft or unauthorized disclosure of your password..
Termination
You agree that at our sole discretion, and in our sole judgment, we or our agent may terminate your account at any time with or without cause.
Termination for cause may include, but is not limited to:
Violations of these Terms of Use Violations of other posted rules of conduct Violations of law or intellectual property rights Harassment or belittling conduct toward individuals, companies or other third parties An expression of your unwillingness to abide by these terms and conditions or other clearly posted site rules Failure to abide by the instructions for guidelines of forum moderators, editors or other authorized members of the community to provide such moderation. Failure to provide real, verifiable information about your true identity where requested or instructed
Termination of a user’s account may include any of the following actions:
A complete deletion (non recoverable) from all files, databases and any and all storage mechanism of the user’s files, uploads, content, and personally identifiable information. In such a case, neither Alpha Media House nor its affiliates, partners or vendors have any obligation to retrieve or restore deleted data, or otherwise make good in any fashion the loss of such data. User data, including without limitation submitted content, errant code or personal information, may also be hidden from public view, but not destroyed. In such a case, neither Alpha Media House nor its affiliates, partners or vendors are under any obligation to retrieve or restore such data.
Users who are terminated are prohibited from creating new accounts without prior written consent of Alpha Media House. Users who are terminated for cause may apply for a new account after more than 30 days has passed, and Alpha Media House will determine in its sole discretion whether to reinstate.
When applying for a new account, or appealing a termination decision, please include print outs of all relevant data, e-mails, postings, including the domain name where the primary account was held and the date the account was terminated. Once your termination is under review, all subsequent communication will be through e-mail, so please be sure to include a current and working e-mail address with your letter. You acknowledge and agree that Alpha Media House will make the final determination in its sole discretion as to any terminated account, or re-application for a new account after termination and that this represents your sole and exclusive remedy for any terminated account.

LEGAL TERMS


No Representations or Warranties as to Website

THE WEBSITE AND ALL CONTENT PROVIDED BY ALPHA MEDIA HOUSE OR ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED ON AN “AS IS” BASIS. ALPHA MEDIA HOUSE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF THE WEBSITE (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE) WILL BE UNINTERRUPTED OR ERROR FREE AND DO NOT PROVIDE ANY WARRANTY AS TO THE USE, SUFFICIENCY OR ACCURACY OF ANY CONTENT. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES AS TO PRODUCTS AND SERVICES PROVIDED BY ALPHA MEDIA HOUSE AND ITS AFFILIATES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY ALPHA MEDIA HOUSE, ITS AFFILIATES, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ALPHA MEDIA HOUSE OR ITS AFFILIATES (OR THEIR DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR LOST PROFITS OR LOST DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING FROM YOUR USE OF THE WEBSITE, ANY APPLICATIONS AVAILABLE THROUGH THE WEBSITE, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE. IN ADDITION, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ALPHA MEDIA HOUSE AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE PRODUCT OR SERVICE ACCESSED BY YOU, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU FOR THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ALPHA MEDIA HOUSE OR ITS AFFILIATES, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity
You agree at your expense to indemnify and hold harmless, Alpha Media House and its affiliates and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages therefrom (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (a) your use of the Website; (b) the Website’s or Alpha Media House or its affiliates’ use of any content or information you provide, as long as our use is not inconsistent with these Terms of Use; (c) information or material posted or transmitted through your registration account or user ID, even if not posted by you; and, (d) any violation of these Terms of Use by you (collectively “Claims”).
Alpha Media House reserves the right to select counsel and conduct the defense or settlement of any such Claim, which shall not relieve you of your obligation to indemnify as provided above.

Governing Law and Venue.
The agreement regarding these Terms of Use has been made in and shall be construed and enforced in accordance with Texas law, without regard to its principles of the conflicts of law. Any action to enforce this agreement shall be brought in the federal or state courts located in Houston, Texas, and you hereby waive any objections to such action. Any cause of action you may have with respect to the Website or these Terms of Use must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Severability; Waiver.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Copyright Violations.
Users are prohibited from uploading, posting or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Website infringes upon any copyright which you own or control, please notify us at info@alphamediahouse.com. (Please direct all general questions to info@alphamediahouse.com).

Informational Purposes The information on the Website is provided solely for informational purposes , and does not constitute professional advice. You should not rely on this Website except as an informational resource.

Design and Print Agreement

Entering into a print or graphic design project with Alpha Media House means you have read and understood the following agreement. THIS AGREEMENT is made this by and between Alpha Media House(“Designers”) and you, the customer (“Customer”).

Estimated Costs
All estimated costs will be assessed in one of three ways, in some instances, multiple options may be chosen. Labor fees (design, art direction, copywriting, client services, etc.) are billed at our design rate of $65 p/hr. Consultation fees are billed at our consultation rate of $50 p/hr. Materials costs (Scanning, project specific materials, etc.) are billed at a per project rate and will vary. A written estimate from Alpha Media House will be required.
Project estimates are valid for 90 days from the date of estimate. Project may be re-estimated if, upon receipt of all project elements, the designer determines the scope of the project has been altered from the originally agreed upon concept. Printing fees will be estimated separately and payment arrangements made between client and Alpha Media House.

Payment Schedule
A deposit in an amount equal to 50% of the total estimated cost is requested prior to execution of the project. A retainer may be set up on a per client basis.

Description of the Project (“Specifications”).
Designers agree to develop the project according to the specifications described in the specifications agreement by the client.

Additional Editing & Changes.
Any requested changes to the Specifications shall constitute additional editing and incur additional charges or fees. All additional changes must be submitted in writing and approved by Alpha Media House.

Delivery of Project.
Alpha Media House and the client must work together to complete the project in a timely manner. We agree to work expeditiously to complete the project, however proper communication and feedback from the aforementioned client is necessary to meet deadlines.

Reproduction of Project.
Alpha Media House retains the right to reproduce the project in any form for marketing, future publications, competitions or other promotional uses. Designers shall at no time reproduce the project for use in commercial means or for-profit use.
Customer may not reproduce or otherwise use design mock-ups, drafts, sketches etc. created by designer during work on the Project but not included into the final version of the Project. Such artwork belongs solely to Designer who may use it at his own discretion.


Ownership of Artwork and Source Files.
Except for Customer’s Proprietary Material (defined below) contained in the Project, Designers shall hold all right, title, and interest in all original artwork, whether in draft, mock-up, concept or final development for the Project. Specifically, but without limitation, Designers shall hold all right, title, and interest in and to (1) all text, graphics or digital components of the Project (the “Content”), (2) all layouts, logos, structures or arrangements or other components of any materials presented to Customer that comprises the Project, (3) all literal and nonliteral expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content, and (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the Project or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Designers’ right, title, and interest in the Project, as described in this Paragraph 4. Any specific instances where the customer wishes to legally purchase their artwork will require a written request to Alpha Media House for use of their copyright release form, and will be documented accordingly. Notwithstanding the above, Customer shall retain and, Designers shall have no proprietary rights whatsoever in all of Customer’s intellectual property rights in any and all text, images or other components and/or materials owned by Customer, or which Customer has the legal right to use, that are delivered to Designers, including but not limited to software, related documentation, Customer marketing material, logos, and tag lines (“Customer’s Proprietary Material”). Designers agree that they shall not use Customer’s Proprietary Material for any other purpose than those expressly set forth in this Agreement.

Compensation.
In return for the Projects that are completed and delivered under this Agreement, Customer shall compensate Designers, pursuant to the terms of Exhibit A attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit A by the deadline set forth in Exhibit A, Designers have the right, but are not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) withhold all files, artwork, source, commitments or any other service to be performed by Designers for Customer, (3) bring legal action. Customer is fully responsible for all material costs as outlined in Exhibit A, and accepts responsibility for all additional material costs that Designers may incur in the development of this Project.

Confidentiality.
Customer and Designers acknowledge and agree that the Specifications and all other documents and information related to the development of the Project, excluding however, Customer’s Proprietary Material, (the “Confidential Information”) will constitute valuable trade secrets of Designers. Customer shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without Designer’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.


Limited Warranty and Limitation on Damages.
Designers warrant the Project will conform to the Specifications. If the Project does not conform to the Specifications, Designers shall be responsible for the timely correction of the Project, at Designers’ sole expense and without charge to Customer, to bring the Project into conformance with the Specifications. This warranty shall be the exclusive warranty available to Customer. Customer waives any other warranty, express or implied. Customer acknowledges that Designers are not responsible for the results obtained by Customer’s use of any part of the Project. Customer acknowledges that Designers are not responsible for fixing any problems, errors or omissions on the Project, once mass produced or after Customer has tested, proofed and approved the Project. Except as otherwise expressly stated herein, Customer waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the consideration paid to Designers as set forth in Exhibit A attached hereto. This limited warranty shall become void and expire 60 days after after the delivery of the Project by Designers.



Availability of Materials, Logos, Graphics and other Collateral.
Customer agrees to make available to Designers, for Designers’ use in performing the services required by this Agreement, such graphical elements and materials as Customer and Designers may agree in writing for such purpose. Failure to provide Designers with Materials in the requested formats may result in additional delays or fees in addition to those stated previously.

General Provisions.

Entire Agreement.
This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by all of the parties hereto.

Governing Law.
The agreement regarding these Terms of Use has been made in and shall be construed and enforced in accordance with Texas law, without regard to its principles of the conflicts of law. Any action to enforce this agreement shall be brought in the federal or state courts located in Houston, Texas, and you hereby waive any objections to such action. Any cause of action you may have with respect to the Website or these Terms of Use must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. Binding Effect.
This Agreement shall be binding upon and endure to the benefit of Customer and Designers and their respective successors and assigns, provided that Designers shall not assign any of their obligations under this Agreement without Customer’s prior written consent.

Waiver.
The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.

Good Faith.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

Right to Remove Project.
In the event Customer fails to make any of the payments set forth previously, within the timeframe arranged, Designers have the right to immediately cease all work on the Project until payment in full is paid.

Indemnification.
Customer warrants that everything it gives Designers to include in the Project is legally owned or licensed to Customer. Customer agrees to indemnify and hold Designers harmless from any and all claims brought by any third-party relating to Customer’s Proprietary Material provided by Customer to Designers including any and all demands, liabilities, losses, reasonable associated costs and claims including reasonable attorney’s fees arising out of injury caused by Customer’s Proprietary Material supplied by Customer to Designers, copyright infringement, and defective products sold as a result of Customer’s distribution of the Project.

Use of Project for Promotional Purposes.
Customer grants Designers the right to use the Project for promotional purposes and/or to cross-link it with other marketing venues developed by Designers.

Right to Style or to Make Derivative Works.
Subject to above, Designers have the exclusive rights in making any derivative similar works of the Project and any similarities between Customer’s Project and future projects constitutes Designer’s methods and style and shall remain the right of Designers.

Attorney’s Fees.
In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual reasonable attorney’s fees and reasonable associated costs, including expert witness fees.

Trademarks, Logos and other Intellectual Property Issues.
Customer is responsible for any Copyright or Trademark issues related to the creation and use of Project files by Customer. Customer shall be solely responsible for any Trademark or Copyright searches pertaining to the Project unless otherwise contracted for in the Specifications. Designers will not knowingly copy other rightfully trademarked or copyrighted material.

Non-solicitation.
Both the Customer and the Designers agree that while this Agreement is in force and for a period of twelve (12) months thereafter, they shall not directly or indirectly solicit or offer employment to any of the other’s officers, employees, third party contractors and associates who have been involved in or associated with this Agreement without the other’s prior written consent.

Client Website Design Agreement

Authorization
You know, and understand, you are engaging Alpha Media House as an independent contractor for the specific project of developing and/or improving a website to be installed on the web hosting account. The client hereby authorizes Alpha Media House to access this account, and authorizes the web hosting service to provide Alpha Media House with “write permission” for the client’s webpage directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Alpha Media House to publicize their newly completed website to Web search engines, as well as other Web directories and indexes.

Website Elements.
Alpha Media House does/does not include the following elements: • Copy, text, and content – Supplied by the client, Alpha Media House can write copy at for an additional fee. • Links – to external pages to be supplied by the client • Custom Graphics – Relative graphical images for headers and sliders will be created by Alpha Media House. • Logos, Photos and other misc. graphic images – To be supplied by client. If Alpha Media House is required to supply photos from stock photo catalogues or websites, additional fees may apply. • Installation – The aforementioned client gives permission of newly created web pages to be installed on the client’s web hosting service. • Site publicity – Alpha Media House will submit your new site to major Web search engines, such as Google, Bing, Yahoo, etc. • Database Integration – If site is a CMS (content managnement system) Alpha Media House will set up databases and corresponding features or functions in order for the CMS to operate properly. The content of the web pages will be supplied by the client and executed by Alpha Media House as specified by the client. Custom graphic work (beyond the scope of the “Custom Graphics Package” detailed above) is requested, it will be billed at our currently hourly rate.

Maintenance and Hourly Rate.
This agreement assumes future minor maintenance to pages will be requested. If the client or an agent other than Alpha Media House attempts updating the client’s pages, time to repair web pages will be assessed at the hourly web site maintenance rate of $75. Any changes requested after completion of the newly designed website, once put live to the client’s server, will be billed at the hourly web maintenance rate listed above. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation, marketing consulting, webpage design, editing, modifying product pages and databases, and art, photo, graphics services, and helping clients learn how to use their own webpage editor.

Web Hosting
The client understands that any web hosting services purchased directly through Alpha Media House require a separate contract with a web hosting service. If the client has already purchased hosting, they agree to select a web hosting service which allows Alpha Media House full access to the hosting account and FTP log-in.
Completion Date
Alpha Media House and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website, however proper communication and feedback from the aforementioned client is necessary to meet deadlines.

If the client does not supply Alpha Media House required text, content, and/or graphics for web pages requested, Alpha Media House is not responsible for missing or past-due deadlines. The above listed client also understands change requests may delay Alpha Media House in meeting a deadline.

Payment of Fees
Fees to Alpha Media House are due and payable on the following schedule: 50% upon signing this contract, 50% when the web site has been completed according to the client’s original written specifications. If the total amount of this contract is less than $600, the total amount shall be paid upon signing this contract. In case the client has not secured Web space on a web hosting account by the time the web site is completed, the newly created site may be delivered to the client on a CD or external drive. All payments will be made in US funds.
Assignment of Project
Although Alpha Media House does not typically assign subcontractors they do reserve the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

Legal
Alpha Media House does not warrant that the functions contained in this website or the Internet website will meet the client’s requirements or that the operation of the website will be uninterrupted or error-free. The entire risk as to the quality and performance of the website is with client. In no event will Alpha Media House be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Alpha Media House has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights and Trademarks
The client represents to Alpha Media House and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Alpha Media House for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Alpha Media House and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Copyright to Web pages
Copyright to the finished assembled work of web pages produced by Alpha Media House is owned by Alpha Media House. Upon final payment of this contract, the client is granted the ownership rights to the elements of the website, the design, graphics, and text contained in the finished assembled website. Alpha Media House and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Payment of fees
In order for Alpha Media House to remain in business, payments must be made promptly. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. Alpha Media House reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Alpha Media House.

Sole Agreement
The agreement contained in this “Website Design Contract” constitutes the sole agreement between Alpha Media House and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.

Initial Payment and Refund Policy
If the client halts work and applies by letter for a refund within 30 days, to Alpha Media House, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.


CONTACT US

General Questions:
If you have any questions about these Terms and Conditions , please contact us. E-mail us at: info@alphamediahouse.com and insert only the words “Terms and Conditions” in the subject line header of the email.