Terms & Conditions
Terms & Conditions | Hillsdale Marketing Group | Hillsdale Web Design | United States
Limitation of Liability and Indemnity:
In no event shall HMG or its Contractors be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, profits or business opportunities, whether or not HMG has been advised of possibility of the damage, arising out of or in connection with the use or performance of a Deliverable. Failure to provide Deliverables that the Customer orders from HMG, or its Contractors, or any other Media related to the Terms and Conditions, including without limitation, damages arising from mistake, omission, virus, printing error, delay, or interruption of service. In no event shall HMG be liable or responsible for any damages or consequences arising from or related to the Customer’s inappropriate or unauthorized use of HMGroupmi.com or its Media and Deliverables the Customer receives from HMG.
Under no circumstance will HMG be liable to the Customer in any way for any Media the Customer may be exposed to that The Customer may find offensive, indecent or objectionable.
In addition, HMG does not ask for verification of the Deliverables the Customer is requesting in regard to Customer official affiliation with the organization the Customer is claiming to represent. We will process Customer Deliverables; however, HMG will not be held liable for any claim of any kind relating to fraudulent use, or alleged fraudulent use, of Deliverables purchased. Governing law HMG is based in Hillsdale County, Michigan and all transactions shall be deemed to have taken place at HMG’s location. Any legal action or proceeding relating to or arising from Customer access to or use of hmgroupmi.com or Customer placing of any Deliverable shall be instituted solely in a court of competent jurisdiction located in Hillsdale County, Michigan. The Customer agrees to submit to the exclusive jurisdiction of the courts of Hillsdale County, Michigan that venue in these courts is proper in any such legal action or proceeding, and that The Customer will not claim such venue to be an inconvenient forum.
The Customer agrees that the Customer shall indemnify and defend HMG, and all Contractors from whom HMG, has licensed portions of Media, together with their respective directors and expenses, including reasonable legal fees and expenses arising out of or related to:
Customer breach of these Terms and Conditions or any other Terms of Customer Deliverable
Any suit, claim, or demand arising from or relating to any Media the Customer incorporated into Deliverables, and
Any misrepresentation or violation of applicable law made or committed by The Customer or on Customer behalf.
Shipment and Delivery: In no case shall HMG, be liable for any direct or indirect, or any consequential or other damages resulting from any delay in shipment or delivery. All HMG Customers agree to not hold HMG liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond HMG’s reasonable control. HMG will not be held liable for any and all “acts of god” which may impede on our ability to process and ship Customer Deliverables. Acts of god include anything that is out of human control or prevention. This includes, but is not limited to, flooding, earthquakes, sudden loss of a key member of management, epidemics, plagues, tornados, hurricanes, rapid climate shift, fire, lightning strikes, or a change in the earth’s gravitational pull. In addition, HMG will not be held responsible for any and all “acts of society” which may impede on our ability to process and ship Customer Deliverable. Acts of society include anything that is created by other humans that is beyond our reasonable control. (Of both the labor and management) and will hinder our work process. This includes, but is not limited to, acts of war, foreign invasion, acts of terrorism, heinous criminal acts (such as arson or murder), sabotage on our equipment, computers, or vehicles, bio terrorism, labor strikes, management lockouts, being denied physical entrance to our work place by any means (a riot, mob, motor vehicle has crashed into our building, the building is surrounded by a blockade, etc.), Or any changes in the local, state, federal, or global political spectrum and all legislative, executive, or judicial law enacted by these bodies that may affect our work.
Mistakes: Though HMG continually seeks to ensure accurate information is gathered and used, there may be times in which some information is not accurate. It is the Customer’s responsibility to inform the Owner of these errors so retractions and/or corrections can be made immediately. If errors or mistakes do occur as a result of the independent Contractors, the Customer agrees to hold HMG and the Owner harmless for these errors. The Owner will devote sufficient qualified personnel and resources throughout the term of the Customer’s Agreement to complete the Deliverables according to the Terms and Conditions of their Agreement.
Technical Difficulties: In the event of technical difficulties pertaining to HMG, we cannot be held liable for any technical difficulties that are the result of error on the part of the Contractor or the end user. Data center issues including any power outages or hardware failures can be faulted to the applicable data center. Customer issues including operating system faults, virus or spyware problems, and browser incompatibilities are not the responsibility of HMG. We recommend that the Customer keep all of Customer software and virus protection up to date to successfully avoid any issues. Refusal of service we reserve the right to refuse service without disclosing a reason, as permitted by applicable law.
Warranty, Returns and Refunds
Warranties, returns and refunds vary by Deliverable. These Terms and Conditions will need to be communicated to the Customer by HMG prior to placing an order. HMG uses Contractors to complete Deliverables and therefore each separate party has its own Warranty, Returns and Refund Terms and Conditions. The Customer will be provided the exact Warranty, Returns and Refund Terms and Condition for the given Deliverable at time of order.
General Indemnity: Both parties agree to defend, indemnify and hold the other harmless for any and all damages, charges, losses and expenses (including reasonable attorney fees and costs) for any claim arising out of the negligence of the other, provided that the indemnifying party receives timely notice of such claim and controls all litigation and settlements. The Customer’s Deliverable and the information, Media and materials on the Deliverable are provided on an “as is,” “where is,” and “where available” basis. HMG makes no representations or warranties of any kind, express or implied, as to the operation of the Deliverable and its deliverables, the Media, information, or the materials of the Deliverable. To the fullest extent permissible under applicable law, HMG expressly disclaims all warranties, express or implied, of any kind, with respect to any of the materials, Media, or information of the Deliverables or any goods or other Deliverables offered, sold, or displayed on this site or Customer use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to the extent such jurisdiction’s law applies to these Terms and Conditions.
Turnarounds vary by Deliverable. Turnarounds will need to be communicated to the Customer by HMG prior to placing an order. HMG uses Contractors to complete Deliverables and therefore each separate party has its own Turnaround Terms and Conditions. The Customer will be provided the exact Turnaround timeframe for the given Deliverable at time of order.
Websites: Sites vary in turnaround. It depends on the number of pages the Customer has, whether the Customer needs Media created, or if the Customer’s site has apps and custom coded features. For example, a 5-page website where Media is 100% provided; where there are no added SEO Deliverables, where there are only simple apps and no custom codes, these sites can take as little as 1 hour per page. Alternatively, a 5-page website where Media needs to be generated, SEO is the main focus, and there are custom created apps and custom created database pages, this site can take an upwards of 6 horus per page to complete, additionally, SEO is an every changing and heavy labor intensive Deliverable and should maintaining maintenance and updates on a regular basis.
Rush Processing: Rush processing is available on most Deliverables. The HMG will discuss with the Customer rush processing options and additional fees at the time of order, and will use commercially reasonable efforts to meet this agreed upon rush production time.
The Customer understands that all Media are the sole responsibility of the person from which such Media originated. This means that the Customer, and not HMG, are entirely responsible for all Media that the Customer sends, uploads, posts or transmits. Recognizing the global nature of the internet or Contractors, the Customer agrees to comply with all local rules regarding conduct and acceptable Media. The Customer agrees to not use HMG to send, upload, post or otherwise transmit any Media that contains:
Child pornography or anything that HMG determines to be indecent, obscene, lewd, lascivious, filthy or vile;
A threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the united states or a threat of blackmail/extortion;
Any matter advocating or urging the violation of liberties granted to living beings by their creator;
Any defamatory remarks directed at any individual person; or
Any Media that infringes the intellectual property rights or other proprietary rights of HMG, or any Contractor.
HMG does not control Media posted by Customers and does not guarantee the accuracy, integrity or quality of the Media. Deliverables are provided for the Customer’s use only. The Customer agrees to abide by these Terms and Conditions and not to use these Deliverables or related messages for any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. The Customer acknowledges that HMG does not pre-screen Media, but that HMG and its Contractors shall have the right (but not the obligation) in their sole discretion to remove any Media that violates the Terms and Conditions or may otherwise be objectionable. The Customer further acknowledges and agrees that HMG may preserve Media and may also disclose Media if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
Comply with legal process;
Enforce the Terms and Conditions;
Respond to claims that the Media violates the rights of Contractors; or
Protect the rights, property, or personal safety of HMG, its Customers, users and/or the public.
Customer is fully responsible for the creation of, laying out of and proofing of all Media. HMG recommends and accepts Camera Ready Media. HMG, is not liable for errors in a final product caused by any of the following reasons: misspelling, graphics, bleeds, grammar, fonts, punctuation, dye lines, crop marks, transparency, overprint, finished product size, wrong telephone number or address, HMG does not make any changes to Customer files. Customer submitted Media should be provided in the highest quality possible. HMG is not responsible for any color shift that occurs in color space conversions. All Media must be provided in a minimum of 150 DPI. HMG is not responsible for Media that is fuzzy, distorted or pixelated due to Customer provided Media. HMG will use commercially reasonable efforts to make sure the Media come out as good as they can. Color proofing and matching PMS color matching is available upon request for no additional charge to Customer Deliverable, however, some Media is not available in PMS finishes. If there is a color the Customer needs matched, a PMS color code will need to be specified at time of order. HMG will not match any other color charts (paint charts, 3M Vinyl charts, Customer provided color charts, etc.). HMG is not liable for color matching or proofing files Deliverabled without a color match specified in the HMG Deliverable process.
Modifications: Any modifications proposed by the Customer is not part of the Customer’s Agreement in the absence of HMG’s written acceptance thereof. Any terms or provisions in the Deliverable which are any way inconsistent with those in the Customer's Agreement shall be null and void and the Terms and Conditions herein shall control. HMG reserves the right to change, modify or amend these Terms and Conditions without any notice.
Website: The Customer will receive one (1) website to proofread. The Customer can request website revisions, within reason, and HMG will adjust accordingly. If the Customer’s site needs changes because the Media the Customer provided or the Deliverables the Customer requested change after the first proof, a separate Agreement will need to be laid out. If a Customer’s website is not what the Customer envisioned, even after a second proof has been provided and the Customer or HMG determines that HMG is simply not the right company for the Customer needs, HMG will refund the Customer’s down payment in full. However, if the Customer continues to have us make adjustments to the Customer’s site after the second proof, HMG will continue with the laid out Agreement and the Customer will be responsible for fulfilling their Agreement and no refunds will be provided.
Cancellation: HMG will be happy to help the Customer cancel Customer Deliverable PRIOR to completion. Only those Deliverables that have not been completed or where the process has not yet been started will be considered for cancellation. HMG is not responsible for any duplicated Deliverables that are placed due to the Customer mistake.
Shipping and Delivery:
HMG will always use commercially reasonable efforts to make sure that any production difficulties do not delay delivery schedules. HMG’s shipment and delivery dates are calculated based upon estimates provided by our Contractors and are not guaranteed. HMG will always use commercially reasonable efforts to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and/or technical problems or other unforeseen events may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty and related delay in delivery will not be grounds for Deliverable cancellation or refund. HMG can only use its own shipping account and will not use Customer provided account numbers for any couriers. Deliverables must be shipped at whole quantities and may not be split up.
Lost or Damaged Shipments: Lost or damaged shipments must be reported to HMG immediately upon discovering the loss or damage. HMG is not responsible for Contractor shipping errors, omissions, or damaged shipments. Customer supplied incorrect address when a package is not delivered due to an error made by the Customer in submitting the proper shipping address, HMG will reship the package with the corrected address and charge an additional shipping fee for the shipment.
Payment and Processing:
HMG will not process any Deliverable until we have received payment for it; that means that the Customer credit card, debit card or bank transfer is charged when the Customer places an order with us, not when it ships or when it’s completed. Please understand if there are any other charges, we will contact the Customer to charge the Customer card again over the phone or ask for approval via a text message or email to the Customers’ representative on file. HMG will keep Customer credit card information on hand for recurring invoices. The Customer can reference the credit card the Customer used to make the purchase. If the Customer chooses to pay via check or Paypal or Venmo, the Customer must specify the Deliverable number that the check is to be applied to on the check for reference. All checks and money orders must be made payable to Hillsdale Web Design. We will wait until the check clears before we process and ship or deliver the Customer Deliverable. Until then, the Customer Deliverable will remain in our system on hold pending payment processing.
Billing: All billing will be conducted under HMG. Contractor’s labor, work, Deliverables as well as all Contractor Deliverables resold will be billed through HMG. All labored Deliverables require 50% down for one-time Deliverables and the remaining 50% is due upon completion. HMG offers monthly billing as an alternative and asks that invoices under $100 be set up with automatic credit/debit payments or automatic bank transfers. Anything outside of a 1-time fee, is subject to a year commitment.
All checks will be made out to Hillsdale Web Design and mailed to 26 state street, hillsdale, mi 49242. HMG accepts checks, Paypal, Venmo, credit/debit card transactions through quickbooks and offers bank transfers through quickbooks.
Payment and Specific Deliverables: The cost for completion of the Customer’s Deliverable will be laid out specifically with details. This amount could include any additional expenses or could list out that certain expenses are not included.
Terms: HMG will make clear notes of what they are responsible for in coordination with the terms and Terms and Conditions provided by the Contractor.
Payment Schedule: The Customer shall pay HMG according to the following schedule:
1-Time Deliverables: initial payment of 50% for 1-time or ‘a la carte’ Deliverables and Deliverables shall be made at time of service. Once the Deliverable is completed, and agreed to by both parties, the remaining 50% shall be immediately due and payable.
Recurring invoices: any recurring invoice less than $100, the Customer will be asked to keep a credit card on file or banking information for a bank transfer.
Payments will be processed on either the 1st or the 15th of each month.
After payment is received, an invoice marked paid will be emailed to the account email on file showing it was paid.
Printing and promotional items: all printing and promotional items are due upon receipt and will not be printed until payment is paid in full.
All other Deliverables shall be due 30 days after receipt of an invoice unless otherwise preauthorized. All fees quoted, and all payments invoiced shall include all sales, use, excise and other taxes levied on either party in connection with their Terms and Conditions, except taxes based on the Customer’s net income. The Customer shall reimburse HMG for all reasonable out-of-pocket expenses as it relates to the Deliverable if the costs are not included in the initial expenses as set forth. HMG will provide the Customer with a detailed accounting of what expenses have been incurred by HMG for the use of a subContractor. Payments are expected as set forth above.
Late Fee: All invoices will be subject to a 10% late fee if paid five (5) or more days past their due date.
Termination: If an invoice remains unpaid for 30 or more days, Deliverables will be subject to termination. If Deliverables are asked to resume after termination, a 10% reinstatement fee may apply.
Copyright and Infringement Indemnification
HMG will always check to make sure that we are not violating any copyrighted media.
Images and Videos: HMG does this by taking photos ourselves, paying for copy licenses through photo stock image companies online who legally have the right to resell or by downloading ‘free to use images’ images on Contractor sites. HMG will ask the Customer to sign and verify that the images they are providing is not copyrighted and is of their own intellectual property.
Copy: HMG will always ask for the Customer’s written sign-off prior to creating Media under contract and prior to printing, airing or publishing it. Everything HMG writes in copy is 100% written from scratch and it is written on behalf of the Customer, using their ‘voice and tone’. HMG will reference any citations in research. HMG will ask the Customer to sign and verify that the copy they are providing is not copyrighted and is of their own intellectual property.
Data to Be Furnished to HMG: The Customer shall provide HMG with copies of all information, reports, records and other existing data deemed necessary by the Customer for the performance of the Deliverables and the delivery of the deliverables. The Customer declares and affirms that any information provided to HMG is their own and not copyrighted by any other source. Should HMG learn of any copyrighted material, HMG will, without permission from the Customer, remove the copyrighted material from the website or other advertising avenues. Furthermore, if the Customer does provide HMG with information that is copyrighted, in contrast to their aforementioned affirmation, then the Customer shall hold HMG harmless as to any liability that may stem from the Customer’s illegal use of copyrighted materials.
Questions: If the Customer has questions about the validity or legality of things, i.E., Whether or not we can use some information or photos, HMG will send it along to their attorney to review and obtain their legal opinion.
Contractor Protocols and Procedures: HMG abides by all Contractor protocols and procedures when it comes to following their guidelines for use of photo, film clip, music or other Media used by the Customer.
Contractor Complaints: In the event of a complaint related to Contractor material,HMG immediately alerts the Customer. HMG goes over the complaint and sends it off to HMG’s lawyer for review. If found fraudulent, HMG will take material down immediately. HMG will save material in case later it comes back to be unwarranted. If found unwarranted, HMG will contact the complaint and show proof of legal right to use said material. Material will go back up in a reasonable time.
Infringement Notice: HMG warrants that any deliverables, designer tools, developer tools, or provider-made changes to the specifications shall not infringe on the intellectual property rights of any Contractor or any rights of publicity or privacy. The Customer warrants that the specifications shall not infringe on the intellectual property rights of any Contractor or any rights of publicity or privacy. Both parties agree to defend, indemnify and hold the other harmless for any and all damages, charges, losses and expenses (including reasonable attorney fees and costs) for any claim arising out of the breach of this section, provided that the indemnifying party receives timely notice of such claim and controls all litigation and settlements.
Claims and LLC:
HMG does not have any claims against us that we are currently aware of. HMG is a Michigan Limited Liability Company under the name A. Honey Creations, LLC and is doing business in Michigan as Hillsdale Web Design and Hillsdale Marketing Group.
Hours: Our office is only open with an appointment.
Billing and Mailing Address: For billing and mailing purposes, HMG is located and at 26 State Street, Hillsdale, MI 49242.