General Information

All services provided by Motion Interactive Media are subject to the following terms and conditions.

The use of Motion Interactive Media services constitutes acceptance and agreement to the Motion Interactive Media PP (Privacy Policy), the Motion Interactive Media AUP (Acceptable Use Policy), as well as the Motion Interactive Media TOS (Terms of Service).

The AUP may be changed from time to time at the discretion of the company. The user understands that a change to the AUP by the company shall not be grounds for early contract termination or non-payment. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Exclusive jurisdiction and venue is as governed in the district court of Orange County, California.

Privacy Policy

At Motion Interactive Media, we are committed to protecting the privacy of our visitors and clients personal information. This information is necessary in order to provide appropriate service. Our visitors and clients information will be used only for internal and project purposes and will not be sold, distributed or rented to any third party involuntarily. Some areas of our site, such as "request a quote" or "contact us", have forms that require the user to provide contact and/or company information. This information will be used only to respond to your request. You understand that you are under no obligation to provide Motion Interactive Media with any personal or company information. Also, any information provided by you is with your full consent. You understand that we are under no obligation to verify the accuracy of the information, and we assume that it is provided by you with your full consent unless notified by you regarding false information.

Our website may have links to other websites, partner websites and affiliates websites. We, Motion Interactive Media, are not responsible for the content or the privacy of these sites and/or any other links that may redirect the user to other external sites.

Please contact us for any and all questions concerning our privacy policy.

Acceptable Use Policy

Spamming

We have a ZERO TOLERANCE policy regarding SPAM and Unsolicited Email. This policy applies to ALL clients regardless of their level of service. Unsolicited commercial advertisements are not allowed in within the Motion Interactive Media email system, and will likely result in account cancellation. Motion Interactive Media will not tolerate spam originating from our servers or for spam advertising of domains or websites hosted on our servers.

Illegal Activities

Websites, or domains hosted on Motion Interactive Media servers, engaging in any activity that is determined to be illegal will not be tolerated. This includes, but is not limited to advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software or other copyright protected material.

Terms of Service

Quotes

Quotes provided to prospects will be honored for 14 days. After 14 days, a new quote may be provided upon request.

Ownership

Upon completion of the project, Motion Interactive Media transfers all rights and ownership of design and development by Motion Interactive Media to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.

Motion Interactive Media reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by Motion Interactive Media but not in legal use by the client.

Motion Interactive Media reserves the right to display websites and graphics that have been designed by Motion Interactive Media on their website, and in any marketing material to aid as examples of our work.

Deposits

All web design projects over $500.00 require 50% Deposit. Projects and timelines do not start until the initial deposit and signed contract is received. The remaining 50% balance will be due upon acceptance of the completed project on a development server. All web design projects under $500.00 require full payment up front.

Client Responsibilities

Client is responsible for client deliverables as well as timely communication. Any project that has been extended beyond its original timeline due to the client's failure may require payment in full prior to project completion. This includes the following:

1. Delivery of signed contract
2. Delivery of art assets, such as logo, etc.
3. Delivery of content
4. Timely feedback on designs, mockups or revisions (client is required to respond within 2 days)
5. External host or FTP information (if hosted outside of Motion Interactive Media servers)

Final Payments

No portion of any project can be delivered or released to a live server until the final payment is received.

Motion Interactive Media retains the right to hold all design, and development with the exception of content and graphics provided by the client, until payment is received for such items (see ownership clause). Motion Interactive Media retains the right pull sites from live servers for non-payment.

There is a $35.00 fee for any returned check.

Motion Interactive Media Footer Link

All Motion Interactive Media clients will have a Design by: Motion Interactive Media link on their website in the footer, and be displayed on every page. By hiring us to work on your website you are agreeing to this, and you understand that this link may not be removed without our consent. You may pay Motion Interactive Media a fee of $200 to have this link permanently removed. If you have a new layout designed for your site by a company other than Motion Interactive Media, the link may be removed.

Delivery Timeline

1. Communication: Client is required to respond to any communication within 2 days.
2. Deliverables: Client is required to provide any requested deliverables with 24 hours of request from Motion Interactive Media.
3. Content: Client is required to deliver content any contnent needed for the site, prior to development.
4. Design Approval: Complete design approval must be received within 2 days of design delivery.
5. Revisions: All timelines include one revision. Multiple revisions may extend the delivery date.
6. Timelines: Design, development and testing sometimes take longer than expected. Motion Interactive Media will do it's best to meet projected timelines, but cannot guarantee delivery on any project unless the guarantee is specifically stated in the contract agreement.

Changes or Additions

If changes outside of the original project scope are requested during the project, all work will be put on hold until changes are defined. All fees for changes will be due immediately and all future work will not resume until fees for changes are paid.

Cancellation and Refunds

Motion Interactive requires a deposit before we begin work on any project. Cancellation at any time will forfeit deposit. For design and development projects, the deposit covers the design portion. If any development has been started, payment work will be prorated and due immediately.

Non-Communication

If we are unable to communicate with a client on a project for a duration of 10 days or more, by email, during the design and development process, the project may be canceled without notice and no refund will be issued. Any development costs will be prorated and due immediately. Motion Interactive Media reserves the right to reinstate the project for a fee.

Liability

Motion Interactive Media does it's best to provide its clients with top level design and development services. However, once a project is complete and delivered to the client (or Motion Interactive Media hosting and FTP info has been delivered to the client), the client is responsible for any access to code, HTML or database. The client is also responsible for any errors or issues that may arise. In no event shall Motion Interactive Media be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/ore goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.

International Customers

We do accept projects from customers outside of the United States. However, we do require full payment of all projects prior to beginning your project via Credit Card. Project Consideration Please note that Motion Interactive Media will not accept projects that we find morally questionable, unethical, or distasteful.

Acceptance

Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as written here. Motion Interactive Media reserves the right to change or update these terms at any time without prior notice.