Terms and Conditions

Effective Date: January 01, 2025

By accessing or using EMDIGITAL CONSULTING'S ("Company," "we," "us," or "our") website, services, and products, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, please do not use our services.

1. AGREEMENT TO TERMS

2. SERVICES

Our Company provides digital design services, including but not limited to branding, visual identity, and website design ("Services"). Any agreement for services will be governed by these Terms and any additional written agreement between the parties.

3. PAYMENT TERMS

3.1 Clients agree to pay the fees specified in their service agreement or invoice.
3.2 Payments must be made in full before the commencement of work, unless otherwise agreed upon in writing.
3.3 Late payments may incur a 5% late fee per month.
3.4 All sales are final. Refunds are granted only under circumstances explicitly outlined in a separate agreement.

4. CLIENT RESPONSIBILITIES

4.1 Clients must provide all necessary materials, content, and approvals required for project completion.
4.2 Clients affirm that they own or have the rights to all provided materials and shall indemnify us against any claims regarding intellectual property infringement.
4.3 Clients must return all requested paperwork in a timely manner to ensure efficient project progress. Delays in paperwork submission may result in project timeline adjustments.
4.4 Both clients and agency representatives are required to respond to communications within 24 hours to maintain smooth collaboration and project momentum.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 All original designs created by us remain our intellectual property until full payment is received.
5.2 After full payment, Clients receive a non-exclusive, non-transferable license to use the final design for the agreed-upon purposes.
5.3 We reserve the right to showcase completed projects in our portfolio unless otherwise agreed in writing.

6. REVISIONS AND APPROVALS

6.1 Clients are entitled to a set number of revisions as outlined in their service agreement.
6.2 Any additional revisions beyond the agreed number may be subject to additional charges.

7. LIMITATION OF LIABILITY

7.1 We are not liable for any damages resulting from the use or inability to use our services.
7.2 In no event shall our total liability exceed the amount paid by the Client for the specific service rendered.
7.3 The Client agrees to indemnify, defend, and hold harmless EMDIGITAL CONSULTING, its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

The Client’s use of our services.
Any breach of these Terms by the Client.
Intellectual property infringement resulting from materials provided by the Client.

8. TERMINATION

8.1 We reserve the right to terminate or suspend services if a Client violates these Terms.
8.2 Either party may terminate a service agreement with written notice. Any work completed up to termination is billable and payable.

9. CONFIDENTIALITY

Both parties agree to maintain confidentiality regarding proprietary or sensitive information disclosed during project collaboration. This includes, but is not limited to, business strategies, design assets, user data, financial information, technical specifications, legal agreements, and operational processes. Any unauthorized disclosure of such information may result in legal action.

10. COOKIE CONSENT

10.1 Our website uses cookies to enhance user experience, track analytics, and improve our services.
10.2 By using our website, you consent to the use of cookies in accordance with our Privacy Policy.
10.3 Users may disable cookies through their browser settings; however, this may impact website functionality.

11. ACCESSIBILITY COMPLIANCE

11.1 We strive to make our website accessible to all users, including those with disabilities.
11.2 We adhere to the Web Content Accessibility Guidelines (WCAG) and provide alternative text for images, keyboard navigation, and other accessibility features.
11.3 If you encounter accessibility issues, please contact us for assistance.

12. COPYRIGHT AND INTELLECTUAL PROPERTY

12.1 All content on this website, including text, graphics, logos, and designs, is owned by or licensed to us and is protected by copyright and intellectual property laws.
12.2 Users may not copy, reproduce, or distribute our content without prior written permission.
12.3 We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been used improperly, please contact us.

13. DISCLAIMERS

13.1 The information provided on our website is for general informational purposes only.
13.2 We do not guarantee the accuracy, completeness, or usefulness of any information on the website and disclaim any liability for reliance on such information.

14. E-COMMERCE COMPLIANCE

14.1 If we design e-commerce websites for Clients, we ensure they meet legal requirements for online business operations.
14.2 Clients are responsible for maintaining compliance with e-commerce regulations, including clear disclosure of pricing, shipping, return, and refund policies.
14.3 We do not assume liability for non-compliance by Clients in their independent business operations.

15. ADVERTISING AND AFFILIATE DISCLOSURE

15.1 Our website may contain advertising, sponsorships, or affiliate links.
15.2 We disclose when we earn commissions through affiliate partnerships in compliance with FTC guidelines.

16. DATA SECURITY

16.1 We implement security measures to protect user data from breaches and unauthorized access.
16.2 Our website uses HTTPS encryption and follows industry best practices for data protection.
16.3 While we take reasonable steps to safeguard user data, we cannot guarantee absolute security.

17. INDUSTRY-SPECIFIC REGULATIONS

17.1 If applicable, we comply with industry-specific regulations such as HIPAA (for healthcare-related services) or financial regulatory laws.
17.2 Clients requiring compliance with specific regulations must inform us before engaging our services.

18. DISPUTE RESOLUTION

18.1 Any disputes shall first be resolved through good faith negotiations.
18.2 If unresolved, disputes shall be settled through mediation or arbitration in the State of Texas.

19. GOVERNING LAW

These Terms are governed by and construed under the laws of the State of Texas, without regard to its conflict of law principles.

20. CHANGES TO TERMS

We reserve the right to update these Terms at any time. Continued use of our services constitutes acceptance of any revisions.

21. CONTACT INFORMATION

For questions regarding these Terms, please contact us at: info@goemdigital.com