Terms of Service

The following terms and conditions apply to all services provided by M16 Marketing.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote and or pays an invoice then the Client will be deemed to have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by M16 Marketing are defined in the project estimate and/or invoice the Client receives via e-mail. Quotations are valid for a period of 10 days. M16 Marketing reserves the right to alter or decline to provide a quotation after expiry of the 10 days.

Unless agreed otherwise with the Client, all website design and development services require an advance payment of a minimum of thirty (30) percent of the project quotation to start the project. A second charge of thirty (30) percent is required after the design deliverable. A third charge of thirty (30) percent is required after the development deliverable and the remaining ten (10) percent of the project quotation is due upon the site going live and prior to the server or release of materials.

Projects under $4,000 require 100% payment to get started.

3. Client Review

M16 Marketing will provide the Client with an opportunity to review the site and provide feedback during the design, development and deployment phases. Once the original scope of work is completed it will be deemed to be accepted and approved unless the Client notifies M16 Marketing within ten (10) days of the date that the site goes live.

4. Payment

Invoices will be provided by M16 Marketing upon completion but before publishing the live website. Invoices are sent via email and are due upon receipt. Accounts that remain unpaid fifteen (15) days after the date of the invoice will be assessed a 5% service charge.

5. Additional Expenses

Client agrees to reimburse M16 Marketing for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

6. Web Browsers

M16 Marketing makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 10, Google Chrome, Safari etc.). Client agrees that M16 Marketing cannot guarantee correct functionality with all browser software across different operating systems.

M16 Marketing cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, M16 Marketing reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

7. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for all work completed up to the date of the first notice of cancellation for payment.

8. Indemnity

All M16 Marketing services may be used for lawful purposes only. You agree to indemnify and hold M16 Marketing harmless from any claims resulting from your use of our service that damages you or any other party.

9. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants M16 Marketing the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting M16 Marketing permission and rights for use of the same and agrees to indemnify and hold harmless M16 Marketing from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to M16 Marketing that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

10. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

11. Governing Law

This Agreement shall be governed by the courts of Fulton County, Georgia.

12. Liability

M16 Marketing hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of M16 Marketing to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

13. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.