Terms & Conditions

Consultation Services

The Modiphy agrees to act as Consultant and to advise Client with respect to the development of the Service. The Parties agree that any written or oral consultation provided by Modiphy is advisory, involving Modiphy's judgment based on education and experience and that there is no guarantee of any particular result from the consultation.

Payment Methods

Client agrees to pay Consultant on a recurring basis as prescribed in the chosen plan of service. An electronic payment method is to be selected upon project activation for efficient monthly transactions. The failure of Client to make payment on any invoice within fifteen (15) days after its due date shall be cause for Modiphy to terminate this Agreement. Failure to make timely payments will result in account suspension and removal of the Website from the Internet. Additionally, failure to pay any fee or invoice on time is subject to an interest in the amount of 20% monthly of the outstanding balance. It has been agreed that we will use our best professional efforts to produce satisfactory results. In return, you have agreed to pay the monthly fee selected. This fee becomes the property of Modiphy upon payment and is not refundable.

Confidentiality

Modiphy agrees that all confidential information ("Confidential Information") communicated to Modiphy with respect to the services, including any Confidential Information gained by Modiphy or its representatives by reason of association or employment with Client or its associates is confidential. Client shall make reasonable efforts to mark as confidential any materials to be protected pursuant to this paragraph. Modiphy promises and agrees that Modiphy shall not disclose any Confidential Information to any other person unless specifically authorized in writing by Client to do so, except to the extent disclosure is required by subpoena or an Order from a court of competent jurisdiction. Modiphy shall use its best efforts to prevent inadvertent disclosure of any Confidential Information to any third party. Client agrees that Modiphy may utilize the Website, Marketing Materials, or any other products completed by Modiphy, in its promotional materials and brochures, and may but is not required to include a link to Client's page in Modiphy's Website or in any other page designed by Modiphy.

Ownership of Work/Product

Modiphy agrees that any design materials that are conceived, developed, written, or contributed by Modiphy pursuant to this Agreement, either individually or in collaboration with others (collectively referred to as "The Work"), shall belong to and be the sole property of Client and shall constitute works made for hire. Upon request, the ownership of The Work shall be transferred after the term minimum designated within the signup process of the Website Design & Development Subscription. Client agrees that any Website, Marketing Materials, or any other products designed and developed by Modiphy may display the legend: "design by modiphy."Modiphy's proprietary Content Management System "Flux Console" is and will remain the property of Modiphy, Inc. Should this agreement ends, Modiphy will provide ALL static website files to the Client for the purpose of having the website Hosted elsewhere.

Use of Copyrighted Materials

Modiphy and Client warrant that any materials provided by Modiphy and Client for use by Client pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other similar law. Modiphy shall be solely responsible for ensuring that any materials provided by Modiphy pursuant to this Agreement satisfy this requirement and Modiphy agrees to hold Client harmless from all liability or loss to which Client is exposed on account of Modiphy's failure to perform this duty. Client shall be solely responsible for ensuring that any materials provided by Client to Modiphy satisfy this requirement. Furthermore, Modiphy is not responsible for legacy browser compatibility.

Attorney Fees

If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees in addition to any other relief to which that party may be entitled.

Content

The Client is responsible for producing content for the website(s) or graphic design elements unless there is a separate agreed-upon for proposal or estimate.

Unless discussed, The Client is also responsible for transferring content from the old website or external source onto the new one.

Force Majeure

If performance by Modiphy of any of its obligations under the terms of this agreement shall be interrupted or delayed by an act of God, by acts of war, riot, or civil commotion, by failure of computer equipment, including loss of data, or by an act of State, by strikes, fire, flood, or by the occurrence of any other event beyond the control of the parties hereto, then that party shall be excused from such performance for the same amount of time as such occurrence shall have lasted OR such period of time as is reasonably necessary after such occurrence abates for the effect thereof to have dissipated.

Cancellations

Please visit our cancellation page for details. The process for cancellation may differ depending on the services rendered. Options can be found here at: https://www.modiphy.com/cancellation