At MegaVerse Media, we strive to exceed your expectations by providing our clients with high-quality, professional consulting, development, and marketing subscriptions. If you are dissatisfied with the work, product(s), or marketing subscription(s), kindly inform us immediately. We will rectify any issue(s) that are within our control to ensure your complete satisfaction.
Before engaging us for your project, we offer an extensive portfolio and a preview of our project management process, allowing you to assess the quality of our work and feel entirely at ease working with us. For online marketing and advertising campaigns, we do not guarantee specific results online or in search engine results as we do not control them, nor can we control user behaviours towards your offer, product, service, or solution. If you have any inquiries or concerns, please contact us before paying for our services. Thank you!
Upon each payment of an invoice, the then-current version of these terms and conditions will be applicable. Please refer to the date of our most recent update to these terms and conditions and review any changes since the last time you paid an invoice. All invoices reference these terms and conditions. Please provide the URL of this page. While most changes are likely minor, we reserve the right to add, update, change, or modify these terms by posting a new version on this page at any time and without notice. Any such addition, update, or change will be effective immediately upon the publication of the update or update of this page.
MegaVerse Media, LLC. (after this, referred to as “Company” or “Contractor”) is the entity providing the products and subscription services. Electronic and email communication is considered a written notice in all communications by the Company. These terms and conditions are referenced in all invoices issued by the Company, as they govern the invoiced services, the required amount due, and the payments under the invoice. Invoices are due in full on the issue date unless otherwise stated below. The Company may accept a deposit or provide payment arrangements as a courtesy to the Customer, but this shall not be construed as a waiver of the total balance due to the Company. All payments made on an invoice shall be deemed full acknowledgment and acceptance of these terms and conditions by the Customer.
Generally, no refunds will be issued once payment is made on an invoice. We begin work immediately and often render or deliver the products and services promptly after payment. The customer acknowledges and understands this, and both parties agree that the invoice constitutes an agreement. Unless otherwise indicated by a primary or secondary written agreement, the invoice represents the full scope of the agreed-upon project and related products/services/subscriptions. Any changes, additions, or revisions beyond the scope of the total time estimate provided in an invoice (where applicable) will incur additional billing charges in thirty (30) minute billable increments at the standard rate of USD 100.00 per hour. Any scope changes or delays caused by the Customer may result in changes to the invoice and fees.
Generally, the invoice becomes effective and due as of the date first issued by the Company and terminates immediately upon final payment of the total balance due to the Company. Invoices sent via email are considered written notice to the Customer of the balance due. The Customer shall pay the Fees on or before the due date per the Invoice but within seven days past the invoice date. Software development and website design projects may not be cancelled in any way once the Customer pays the initial payment or the deposit. The Company requires a 2-day minimum notice of cancellation of recurring subscriptions such as advertising, marketing, technology, hosting, licensing, or support services. Recurring products and subscription services are defined as the same product or service being provided for two or more consecutive months. Written notice of cancellation may be emailed. The Company reserves all rights not expressly granted to the Customer. Except as authorized in these terms and conditions, the Customer shall not sell, rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify, or time-share any work product provided or produced by the Company to the Customer. The Company expressly retains and preserves all copyrights on any original work product.
For any payment not received when due, the Company may, in its absolute and sole discretion: (1) Suspend all services the Company is providing the Customer under the invoice(s); (2) assess an initial late fee of $75.00 for administration and processing; (3) charge interest at the highest rate permitted by law for any unpaid balance(s); (4) additionally, the Company is entitled to recover any costs or fees expended in connection with the collection of unpaid invoices that become more than 30 days delinquent, including, but not limited to, reasonable attorney’s fees, court costs, and any related damages. The parties agree that this subparagraph shall apply regardless of any applicable primary or secondary written agreement and that any primary or secondary agreement is amended to permit these rights.
The Customer acknowledges and understands that software and website development projects are NOT fixed-price projects in any way. The estimate of development and design hours provided in the Client’s invoice is based exclusively on a “BEST ESTIMATE” of total development time in hours projected to be spent by the Company and its development team to design, develop, and complete the project. Suppose the Company’s total time spent on the development/design project exceeds the time estimate provided to the Client via the invoice. In that case, the Customer will be invoiced at the standard hourly rate. Invoices are due in full once issued, and the deposit to commence the project is paid. Payments for all development and design projects made to us in increments are only a courtesy to the client. Once a payment or deposit is made, it is non-refundable, and the total balance of the invoice is due to the Company without exception. If a project is cancelled or postponed, all monies paid are retained by the Company, and the total invoice balance notated on the invoice remains due to the Company without exception.
The Company exclusively owns the copyright on ALL of its intellectual property, such as software source code and custom website code, including, but not limited to, text, content, images, designs, layouts, themes, videos, logos, technical data, documentation, programming code, or other work product, that may be integrated into or become part of work being done for the Customer. The Customer acknowledges and agrees that the products, source code, object code, software, ideas, methods of operation, strategy, processes, know-how, aesthetic aspects, sub-systems, and platform modules included in the products, graphical user interface(s) for the Products, and the look and feel of the Products are proprietary intellectual property that contains valuable trade secrets. All Intellectual Property Rights are owned exclusively by the Company.
For website development projects, once the full balance of this invoice is paid to the Company, ownership of the website passes to the Customer subject to all third-party licenses for third-party technology and code used to develop the website (i.e., WordPress® or Shopify®). The customer may elect to have the Company continue to host the website code on the World Wide Web for the Customer. The customer is free to choose the web hosting company of its choice, and the Company will migrate the website to the web host of the Customer’s choice for a migration fee. Migration to a separate third-party web host will have specific technical requirements that the Customer will be responsible for if the Customer chooses to use a third-party hosting service.
The customer acknowledges and understands that software and website development involves hundreds, if not thousands, of small details and that the development of a new website or software product/integration often involves new ideas, evolutions, iterations, or changes that the Customer would like to be implemented as the project develops over time. The customer also acknowledges that the Company can’t anticipate the Customer’s exact development and design wishes as the project gets underway and that the estimated time to complete a project in the invoice is solely a reasonable faith estimate provided for the Customer’s own budget/resource planning and is in no way a guarantee the work performed and completed under the invoice will be completed under the time estimate provided. The amount of time required may be higher or lower for any number of reasons, many of which are stated herein. Any requests (oral or written) for changes, additions, or revisions to the project AFTER development has started under this Agreement will incur an additional charge at the standard hourly rate. The Company will notify the Customer of any need to begin billing for extra development time in advance. The Customer must approve the additional billing before the Company continues any further work on the project. Customer acknowledges and understands that if the Customer does NOT authorize the extra time and billing needed to complete a project after the Company provides notice, the project will be suspended and may not be completed.
Design costs paid to the Company are non-refundable. Printing costs paid to the Company are refundable only if a printing error is determined to be the Company’s responsibility. The Company is not liable for damages incurred due to printing errors or problems from our files if full specifications from your printer were not provided or were incorrect/inaccurate or if you supply the wrong files to your printer. The Company never provides printing services, only print design. It is the Customer’s sole responsibility to have design files printed. The Company has no responsibility in any way for how the Customer uses the design files provided by the Company. The Company will provide the Customer with standard design file formats for a printer.
Due to the nature of these services, upfront payment in full is required before services are rendered or work product is released. No refunds are given for any setup, research, analysis, marketing, setup, and service fees.
Hosting subscription services are considered recurring subscription services. Payments for previous months of any/all hosting services are non-refundable without exception. All hosting accounts require a minimum of 30 days’ written notice of cancellation or the payment of a $250.00 early termination/cancellation fee per hosting account at the sole discretion of MegaVerse Media. Hosting accounts are set up at the time of order and are allotted a specific amount of MONTHLY server resources, according to the plan purchased. Even if the client did not use the account, service payment is still due. All hosting accounts will be terminated if an invoice remains unpaid past 15 days from the issue date.
Domain hosting services may be suspended or terminated at any time by MegaVerse Media if a hosting account invoice is not paid when due or if, in the Company’s sole discretion, the hosting account and the server resources are being used for sending spam email or if the Customer uses the hosted domain to send email and MegaVerse Media’s domain is flagged by ISPs or other third parties for suspicious email sending practices. Sending spam emails is a severe offence in the digital world and can cause significant harm to MegaVerse Media’s and Customer’s reputation, domain, and brand assets. MegaVerse Media reserves the right to disable or terminate a user’s account if a user is found in violation of these terms and conditions, state or federal laws, or fails to provide proper written notice of cancellation. Accounts terminated due to policy, terms, or legal violations will not be refunded. Failure to pay final balances due upon cancellation or the cancellation fee violates these terms and conditions.
Development and/or use of WordPress and/or a shopping cart license grants customers a license to use the software on the domain specified when ordering, using web hosting services provided by MegaVerse Media only. You are not granted ownership of such software. Shopping cart licenses are non-refundable. Beyond one year, shopping cart licenses are non-transferable to a new domain.
Third-Party Materials. Nothing in these terms and conditions or any related agreement shall restrict or limit or otherwise affect any rights or obligations Customer may have, or conditions to which Customer may be subject, under any applicable private or open-source licenses to any open-source code contained in any work product or deliverable or any third-party licenses for third-party Code or Software included in or which otherwise may be part of the deliverables. MegaVerse Media disclaims any responsibility for any third-party software that may malfunction or become inoperable in part or in full related to the work that MegaVerse Media is doing for Customer. The Customer is responsible for compliance with all third-party software licenses and holds MegaVerse Media harmless from any liability arising from MegaVerse Media’s or Customer’s use of third-party software products or code. Third-party code bases include but are not limited to, WordPress®, Shopify®, Magento®, cPanel®, WooCommerce®, PayPal®, Stripe®, Authorize.net®, and Google®.
Recurring products and subscription services are defined as the same product or subscription service being invoiced and provided for two or more consecutive months. Examples of these recurring subscription services include but are not limited to, content marketing, web presence, SEO, local search visibility, PPC, social media, reputation and location data management, and directory listing marketing. Invoices are issued before services are rendered on all recurring subscription services. Payments for all digital marketing subscription services are non-refundable, without exception. All digital/internet/online marketing solutions are pre-paid monthly recurring subscriptions and fees for the invoices issued each month are payments in advance for the services rendered. We often expend hard costs at the beginning of the new billing cycle to provide for the subscribed products and/or services. We do not receive refunds on advertising dollars spent or labour hours expended/provided to conduct the work noted in the invoice; therefore, we cannot and do not provide any refunds on any digital marketing services once payment is made for any reason. While we do not require a contract with any of our digital marketing packages, a 60-day written notice of cancellation is required to cancel any of these recurring invoiced products and services. It shall be assessed as a cancellation fee if the Customer fails to provide MegaVerse Media with proper notice of intent to cancel services. No exceptions. The month-one payment for your digital marketing solution shall be deemed your authorization and acceptance of this policy. Written notice of cancellation may be sent by email to support@megaversemedia.com. Due to the nature of recurring services and the costs to MegaVerse Media to deliver them, recurring services will be suspended if an account invoice remains unpaid past 14 days of the date of issue. Unpaid invoices are delinquent and turned over to collections after 30 days.
Digital advertising is a recurring product and service; however, digital advertising campaigns require significant setup and ongoing connections to different third-party providers for audience targeting and advertising campaign deployment. Third-party platforms include, but are not limited to, Google Ads, Google Display Network, Facebook Ads, Instagram Ads, Geofence Ads, and more. Cancellation of subscription services must have a minimum 2-day notice. MegaVerse Media will not be responsible for the budget for ad spending. The client will be responsible for all fees required by Google, Facebook, YouTube, etc.
Payments for all consulting services are non-refundable, without exception. Consulting services provide immense value in the knowledge, advice, trade secrets, methods, strategies, tactics, and other valuable considerations we provide in and through the consultative process. Because of the nature of these services, we do not offer refunds for any payments made on any invoice for consulting services by MegaVerse Media.
You authorize MegaVerse Media to bill all charges related to products and/or services provided by MegaVerse Media to the credit card you provided and agree to pay these charges according to the cardholder agreement. You agree that there are no refunds for any reason under the terms and policies stated herein. You hereby irrevocably authorize and instruct the card issuer to deny any chargeback requests relating to this charge authorization at any time and for any reason. You agree that fax, digital, or electronic transmission of this agreement and/or payment on any invoice is mutually acceptable and legally binding under these terms and conditions. Acknowledging these terms and conditions as detailed on the associated invoice.
If, at any time after you have placed your order and made a payment for the product/subscription service from our site or over the phone, you subsequently attempt to file a chargeback with your credit card company or your credit card is declined, we reserve the right to have your work removed from the internet immediately and cease all work in progress. As some of our services are delivered via email or the internet, the client will have access to all files emailed or hosted in the cloud. In the event of a decline or chargeback being filed where you still possess any of MegaVerse Media’s work product, we may commence any necessary legal action to prevent any unauthorized or unlawful use of our work or work product. All files are to be returned to us immediately and should not be used by the client at any future stage until the decline or chargeback issue has been resolved, and we have been compensated for work performed, products, and/or services, or both.
If we receive a decline, chargeback, or payment dispute (i.e. PayPal Dispute or Credit Card dispute) from a credit card company or bank, your service and/or project will be suspended without further notice. A $250.00 decline/chargeback fee, plus any outstanding balances accrued due to the chargeback(s), must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, contact us to address any billing issues or questions. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud and is never an appropriate or legal means of obtaining a refund. Before paying, please read and fully understand our billing, payment terms, and refund policy. If any arbitration or legal proceeding is brought for the enforcement of these terms and conditions under this Agreement, or because of an alleged breach, default, or misrepresentation in connection with any provision of this Agreement or other dispute concerning this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney’s fees incurred in connection with such arbitration or legal proceeding. This agreement shall be governed by and construed per the laws of California. Both parties agree to the exclusive jurisdiction and venue of the courts in Los Angeles County, California.
While providing products and services to the Customer, MegaVerse Media may document, record, notate, and/or transcribe meetings conducted with and on the Customer’s behalf. MegaVerse Media retains complete ownership of all work products and deliverables, including any intellectual property rights, copyrights, design rights, and know-how for any Products or Services delivered under all related invoices and any intellectual property developed while performing the Services. The Customer acknowledges and agrees that the products, source code, object code, software, ideas, methods of operation, processes, know-how, aesthetic aspects, sub-systems, and marketing strategies are proprietary materials that contain valuable trade secrets. All intellectual property rights to the Products are owned exclusively by MegaVerse Media and its respective third parties, subject to any License between MegaVerse Media and its respective third parties. In addition, MegaVerse Media shall own all improvements to MegaVerse Media’s deliverables and services, enhancements to MegaVerse Media’s deliverables and services, and derivative works of MegaVerse Media’s deliverables and services. The Customer hereby assigns and will cause the Customer’s employees and independent contractors to assign all of the Customer’s rights in and to such deliverables and intellectual property.
Reservation of Rights. MegaVerse Media reserves all rights not expressly granted to the Customer. Except as expressly authorized in writing by MegaVerse Media, the Customer shall not sell, rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify, or time-share any Deliverable.
DISCLAIMER. EXCEPT AS EXPRESSLY DESCRIBED IN THIS WARRANTY SECTION, MEGAVERSE MEDIA MAKES NO WARRANTY OF ANY KIND. MEGAVERSE MEDIA DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH RESPECT TO SERVICES AND DELIVERABLES. THIS INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, GOOD TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. MEGAVERSE MEDIA DOES NOT WARRANT THAT THE SERVICES, ANY WORK PRODUCT, OR DELIVERABLE PROVIDED WILL BE WITHOUT DEFECT OR ERROR. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MEGAVERSE MEDIA, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES (COLLECTIVELY, “AGENTS”) SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THE CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE PRODUCTS AND SERVICES AND THE APPLICATION OF THE DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES EXPRESSLY WAIVE THE APPLICABILITY OF THE UNIFORM COMMERCIAL CODE AND ANY OTHER STATUTORY COMMERCIAL TERMS.
Exclusions. This warranty excludes non-performance issues that result from third-party hardware or firmware malfunction or defect; software not developed by MegaVerse Media; incorrect data or incorrect procedures used or provided by the Customer or a third party; or defects that are outside the reasonable control of MegaVerse Media. To remedy excluded non-performance issues, the Customer will reimburse MegaVerse Media for its reasonable time and expenses for any Services provided at the Customer’s request. This warranty shall immediately cease if the Customer or any third party modifies any portion of a Deliverable and/or modifies the Customer’s system so that a Deliverable is no longer functional or appropriate.
To the extent that any products and services are subject to a secondary agreement, then megaverse media has no liability concerning such products and services under this agreement. The parties agree that – except to the extent expressly permitted under this agreement – any claim shall only be made under the terms of the applicable secondary agreements. The customer agrees that it cannot seek awards for the same damages under both this agreement and any secondary agreement. In no event shall megaverse media’s aggregate liability under these terms and under its secondary agreements for the products and services exceed the actual fees paid by the customer to megaverse media for those products and services as detailed in the applicable invoice or order form. Megaverse media and its agents shall not be liable to the customer or any other person or entity for any indirect damages, special damages, consequential damages, or incidental damages, loss of revenues or profits, business interruption, loss of business information, data loss, and loss of business opportunity even if megaverse media or its agents have been advised of the possibility of such damages or claim.
Each party agrees to keep in confidence any confidential or proprietary information it receives from the other party. “Confidential Information” means all business and technical information provided by or which will be provided or disclosed by MegaVerse Media to the Customer concerning MegaVerse Media’s respective interests and activities. This includes but is not limited to MegaVerse Media’s communications and actions with the customer (verbal and non-verbal), customers, software technology, software systems, source code, design details, user interfaces, databases, financial information, trade secrets, know-how, algorithms, processing procedures and equipment, standards and specifications, product samples, product development plans, proposed products and services, business plans, business information, customer lists, prices, market and sales information and plans, search engine optimization know-how and methods, market research and analysis, keyword and vertical market research, niche and local search marketing strategies, business plans, internal materials, data, reports, ideas and any non-public information which concerns MegaVerse Media’s business and operations disclosed in any form or format, including, without limitation, written or other tangible medium, graphic, oral, visual, digital, electronic and/or machine-readable or other non-tangible medium (hereinafter “Confidential Information”). The Customer agrees that it shall not disclose any of MegaVerse Media’s Confidential Information to third parties, including but not limited to any public, private, or online forum or reviews website. Customer’s payment on an invoice shall be construed as Customer’s acknowledgment and agreement with these terms and conditions of Confidentiality and Non-Disclosure concerning the relationship between MegaVerse Media and the Customer and any Confidential Information that the Customer may acquire while conducting business with MegaVerse Media. The Customer agrees that any breach of Confidential Information may cause irreparable harm to MegaVerse Media. As a result of such a breach, MegaVerse Media shall be permitted to seek injunctive relief to prevent and limit any such damage.
The Customer acknowledges having read these terms and conditions and hereby agrees to be bound by them. Payment on any invoice by the Customer shall be deemed the customer’s acknowledgment, understanding, and agreement to be bound by these terms and conditions.
MegaVerse Media
Updated: 22 July 2024
