Terms of Use and Conditions of Sale

Terms of Use & Conditions of Sale

Last updated 07/07/2011

Acceptance of Terms. By using this website and through your engagement with CIME4enterprises (including www.CIME4.com, its services and its related pages and materials), you confirm your agreement to and acceptance of the following terms and conditions.

Copyright. The content of this website, including, without limitation, the text, images, photographs, video, audio, music and animations contained herein and their selection and arrangement, as well as any documents and software available on this site, are copyright 2007-2011 CIME4enterprises (“CIME4”). All rights reserved.

Trademarks. CIME4, CIME4enterprises, Green4wellness, thoughtsense, Holiday Runway and Motipure Music & Media are all trademarks of  CIME4enterprises. Other trademarks, product and service names, and logos contained herein and not belonging to  CIME4enterprises are trademarks of their respective owners.

Use of the Content. All information published on this website (“the content”) is provided for your personal, non-commercial use only. You may not reproduce, copy, modify, re-distribute, transmit, rent, lease or re-license any content contained on this site — and are granted no further rights or copyright, distribute or disseminate in any way without express permission from CIME4. In addition, the information on this website may not be used or published for your personal, non-commercial use, as a backup.

Consent to Use Electronic Records and Signatures. As part of your relationship with us, you are entitled by law to receive certain information “in writing.” The federal E-SIGN Act and certain state laws allow us to provide this information to you electronically, instead, with your prior consent. We also need your general consent to use electronic records and signatures in our relationship with you. So, before you obtain products or services electronically through CIME4enterprises services, you must review and consent to the terms outlined below.

Your consent to use electronic records and signatures; Privacy Policy. Estimates, Engagement Letters, Invoices, Disclosures, notices, records, and other information we provide to you may be in electronic form, at our sole option (“Electronic Records”). We may also use and obtain from you electronic signatures. However, we will continue to deliver your periodic account statements on paper unless either:

●      we give you the option to receive electronic statements instead and you elect to do so,

●      your paper statements are repeatedly returned to us as undeliverable and we elect, at our option, to attempt delivery to an electronic address, or

●      when permitted by law, we tell you the statement will be delivered electronically at the time your account is created.

Changes. CIME4enterprises may make changes at any time to any information contained within this website, including these Terms and Conditions, without prior notice.

Performance

In no event shall CIME4enterprises nor its affiliates warrant that the information or materials contained within our site, or that access to our site, will be without interruption or free of errors.

Links to Other Sites

Any hyperlinks to third-party or sponsored websites available herein are not under the control of CIME4enterprises and takes no responsibility for nor makes any representation concerning the contents of or information contained in any linked site, its changes or updates, or the links from those sites to other sites. The fact that a link is provided is not an endorsement or authorization of a site or its owners, products or services – nor is it an implied affiliation or sponsorship.

Submissions

Unless otherwise notified in writing, CIME4enterprises will treat any communications, remarks, questions, requests, or suggestions as non-confidential — and CIME4enterprises will be entitled to use any such information or submissions for any commercial or other purpose whatsoever, without compensation to you or anyone making such a submission.

Disclaimer

The information published and all materials available on CIME4enterprises’ website are provided free of charge, as a courtesy to visitors, and as a general guide for informational purposes only. While CIME4enterprises makes every effort to ensure the information is accurate and up-to-date, there may at times be typographical or outdated information, or technical or factual inaccuracies, for which we apologize. The information on this website is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. No advice or information given by CIME4enterprises its affiliates or their respective employees shall create any warranty. The entire risk arising out of use of this information remains with you. In no event shall CIME4enterprises or its distributors or providers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use any of the information contained within this site, even if CIME4enterprises has been advised of the possibility of such damages.

Mandatory Indemnification

You shall indemnify and hold CIME4enterprises, its licensors, and each party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that access to the Service was unauthorized and such unauthorized access has caused harm to you or a third party; (ii) a claim alleging that use of the Customer Content infringes the rights of, or has caused harm to, a third party; (iii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iv) a claim arising from the breach by you of this Agreement, provided in any such case that GME (a) promptly gives you written notice of the claim; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release CIME4enterprises of all liability and such settlement does not affect CIME4enterprises business or Services); (c) provide to you all available information and assistance; and (d) has not compromised or settled such claim.

CIME4enterprises shall indemnify and hold you and your parent organization, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Services directly infringe on a copyright, a U.S. patent issued as of the effective date of this Agreement, or a third party’s trademark; (ii) a claim, which if true, would constitute a violation by CIME4enterprises of its representations or warranties; or (iii) a claim arising from CIME4enterprises breach of this Agreement; provided that you (a) promptly give CIME4enterprises written notice of the claim; (b) give CIME4enterprises sole control of the claim’s defense and settlement (provided that CIME4enterprisesE may not settle or defend any claim unless it unconditionally releases you of all liability; (c) provide to CIME4enterprises all available information and assistance; and (d) have not compromised or settled such claim.

CIME4enterprises shall have no indemnification obligation and you shall indemnify CIME4enterprises pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Services with any of your products, services, hardware or business process(es).

Featured Property Placement (“FPP”) Services

If you have purchased FPP Services, you will be provided with a selection of website templates and tools which will allow you to showcase your property listings, position and rotate listings and customize your photo gallery of listings with instant editing.

Intellectual Property Ownership

CIME4enterprises (and its licensors, where applicable) solely owns all rights, title and interest, including all related intellectual property rights, in and to the Services and related CIME4-provided Content (“Service Content”), and any suggestions, ideas, enhancements, requests, feedback, recommendations or other comments or information relating to the Service provided by you or any other party. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Service Content or intellectual property owned by CIME4enterprises.

Rates & Engagement

1.  Confidentiality

Our conversations and exchange of ideas will be kept confidential.  Any and all proprietary concepts that you share will be protected by intellectual property laws or be considered trade secrets.  Our reputation as an ethical purveyor of business services depends upon the respectful client/consultant relationship that we create.  It’s what we pride ourselves on!

2.  Retainer Fees & Costs

Our initial consultation fee is $125 and must be received either prior to, or at our first (60-90 minute) consultation meeting. If you choose to move forward and engage our firm, that retainer fee is applied toward your first invoice.  If you do not chose to move forward with us, you owe us nothing more and your ideas are safe.

You will always receive a detailed line-by-line flat-rate or time estimate of costs prior to the commencement of any project.  Our current hourly rates for consulting or technical support are $75 per hour via phone and $125 per hour in-person. Various technical and package plans exist that discount these figures.  Retainer fee plans are also available for consulting.

The fee shall cover and include all time spent in developing your project, including (without limitation) time spent for telephone calls, travel to and from out-of -the-office locations, office conferences, drafting/modifying client provided documents, reading and responding to emails, and time spent in vendor negotiations. You will not be billed for clerical or accounting time. If at any time you believe your invoice is not accurate or reasonable, notify us within seven (10) days of the date of the billing and we will review the bill. If no notice is received, it is understood that the billing statement is accepted as correct, accurate and reasonable.

4. Reasonable  Fee

The overall objective of our pricing structure is to render services to you in the most efficient and cost-effective basis.  Adjustments may be made depending on the scope and duration of a particular project.  You will receive notice of any adjustments to both hourly and flat rates in a timely manner.  Any estimates of anticipated fees that we provide are just that, estimates.  Due to the organic nature of web design and the ever-changing parameters in technology, estimates are an approximation of potential fees.  Under no circumstances are such estimates a maximum or minimum. When we find a better deal our clients receive the benefits!

Certain costs and expense disbursements may be made to third-party vendors, i.e., printers, videographers, video editing, voice-overs, DVD production & duplication, specialty marketing items, research & development and other costs and expenses incurred on your behalf.  These items may incur a different hourly or flat project rate and are always detailed on your invoice.

5.  Payment Structure

Projects estimated under $300 require payment in full prior to commencing work.  It is also our policy to obtain a 50% non-refundable deposit in advance for projects totaling $300 or more; for the purpose of paying any out-of-pocket expenses.

Complex or on-going projects may require multiple Phases.  For projects that are estimated to take longer then one (1) month to execute, the balance must be paid in two equal payments; the first at mid-point of the timeline and the remaining balance upon delivery.

By their signature below, the client acknowledges that he/she understands that failure to timely pay project fees (within 10 days of being requested to do so) or additional retainer funds to the firm may constitute a sufficient reason in and of itself to justify CIME4 to stop production on any project or Phase.

Unless alternative arrangements are made in advance, all balances must be cleared when delivery is made. Any balance in default will result in discontinuation of on-going services and endanger any work on your behalf in the future.  The company may elect to initiate internal or external collection procedures.  If legal action is necessitated to collect delinquent fees, costs or disbursements owed this company, it is agreed that the company shall be entitled to an award of its reasonable attorneys’ fees so incurred through arbitration, trial and appeal of the proceeding.

6. Right to Terminate

You have the right to terminate our services at any time and we also have the right to stop work on your project at any time.  It is expressly agreed that failure to comply with the financial terms of this engagement (as set forth above), or the existence of a disagreement or dispute between you and CIME4, may result in immediate severing of association with you.

7.  Communication

You agree to keep us apprised of your current contact information.  In the event that you change address, email or telephone number, you agree to contact our office with the updates in a timely manner. We have the right to rely on the last known contact information in our attempts to contact you.  If a breach in communication should occur, it could be cause for dismissal of the account.

It is our goal to establish and maintain a long-term relationship with you through the rendering of business development and marketing services which are intended to be of the highest quality, as well as cost-effective.  Our efforts on your behalf can only be enhanced through your willingness to educate us on your business and allow us to help you succeed.  The more we understand your purposes the better we may serve you.

YOU UNDERSTAND THAT IN ORDER FOR US TO PROVIDE ESTIMATES OR COMMENCE WORK OF ANY KIND,  WE CANNOT DO SO UNTIL THIS DOCUMENT IS SIGNED BY YOU AND YOU HAVE PROVIDED THE REQUIRED RETAINER PAYMENT.

Website Hosting

Website Reinstatement Fee. You shall pay a $75.00 Reinstatement Fee if your website account is reactivated after being terminated for whatever reason. In addition, you must pay all past-due finance charges or past due balances before your account will be reactivated. CIME4enterprises further reserves the right to require the prepayment of finance charges in any amount that CIME4, in its sole discretion, deems sufficient as to reduce the risk of future nonpayment and/or any other breach.  Websites suspended and not reinstated within 30 days are removed from the Internet host computer.

Refunds. There are no refunds on any web hosting services. All domain names and web/email hosting charges are billed annually (no quarterly or monthly payments, unless negotiated in advance and determined at time of sale).  CIME4 reserves the right to eliminate web hosting services of any kind.

30 Day Moneyback Guarantee. Should you decide to cancel your hosting account within the initial 30 day period, you will receive a full refund of your hosting fees.

• • No refunds are given for domain registrations.
  • No refunds are given for setup fees incurred for the configuration and setup of a dedicated server.
  • No refunds are given for SSL Certificates.

Notices. Should reminder invoices be necessary they will incur an additional $20.00 late payment fee. Any payments outstanding will accumulate a 1% per month finance charge on the total outstanding balance.  The verbal or electronically accepted Estimate becomes an invoice and constitutes a binding contract which must be accompanied with the specified payment prior to the start of a project. Additional charges may be added to the final invoice based on scope and developing parameters of the project.  Should reminder invoices be necessary they will incur an additional $20.00 late payment fee. Any payments delinquent and outstanding for more than 30 days will accumulate a 1% per month charge.

Methods of Payment

Although we do accept PayPal payments, we do NOT accept eCheck payments through PayPal. This payment method may take up to 4-5 business days to complete successfully. Therefore, payments must be made using credit/debit card (Visa, Mastercard, American Express, or Discover).  All credit card transactions are secure and encrypted.  If you initiate an eCheck payment, it will be cancelled.  Other payment options are available.