Terms of Service

By electing to receive professional services from Expression Interactive (EI) and paying associated service fees, you agree to and acknowledge our company terms of service, listed below:

1. Web development, photography, videography, and graphic design projects require a deposit of 60% of the estimated total cost in order to start work, with the remaining 40% due upon completion of the scope of work.
2. Digital marketing service agreements operate on a twelve (12) month minimum term of service and automatically renew for an additional twelve (12) months annually unless either party objects with a thirty (30) day written cancellation notice submitted in writing within thirty (30) days in advance of the service agreement’s twelve (12) month expiration date.
3. Early termination requests for active digital marketing service agreements which are submitted prior to fulfillment of an agreed upon term will be honored, however the Client will be assessed an early termination penalty equivalent to one (1) month of associated service fees, which will be due immediately upon submitting the request for cancellation. This penalty is in addition to the thirty (30) day cancellation notice requirement.
4. Clients who were offered a free website upgrade with their subscription to a twelve (12) month digital marketing service agreement are obligated to fulfill the twelve (12) month minimum, or pay the associated early termination fee upon request for early termination, in order to obtain full copyright and licensing of the website design and associated files. This includes any logo design work and associated graphic design services. The copyright will not be released until the client has fulfilled the minimum twelve (12) month term of service, or paid the early termination fee in full.
5. Digital marketing service fees will be automatically debited via recurring billing. Clients with positive credit and financial history may qualify to mail checks, upon approval.
6. EI reserves the right to apply a $50 late fee on account balances which have gone unpaid for over ten (10) days past their due date.
7. EI reserves the right to apply a 5% interest penalty every ninety (90) days on account balances which have gone unpaid past their due date.
8. EI reserves the right to increase client service fees by a maximum of 10% annually.
9. All service and consultation fees are non-refundable.
10. All fees, services, documents, advice, analysis and information transmitted between EI and the Client are considered to be confidential.
11. EI offers optional managed hosting services through 3rd party hosting providers, however EI does not provide any guarantee or accept any liability with regard to the performance or security of 3rd party hosting environments.
12. EI has no control over the policies of the search engines, social media networks, directories, etc. The Client’s website and/or business may be excluded from any of these platforms and/or companies at the sole discretion of that platform and/or company.
13. Due to the competitiveness of some keywords and phrases, ongoing changes in search engine algorithms and other competitive market variables, EI does not guarantee a certain level of visibility on any search engine or online platform for any keyword, phrase or other form of media.
14. EI is not responsible for any changes to the Client website by third parties or the Client that conflict with SEO work and/or adversely affect the Client’s search engine visibility and/or web traffic and/or sales.
15. EI is not responsible for the Client’s failure to implement recommendations or properly manage third party services.
16. EI does not provide any guarantee with regards to Client sales or finances because of market, customer and/or competitor variables; therefore EI cannot be held directly responsible for any loss in business or lack thereof.
17. Some search and information directories provide premium listing services for a fee. If the Client wishes to engage in such premium listing services, the Client is responsible for all paid listing fees directly to the directory and/or platform itself.
18. The Client guarantees that all elements of text, graphics, photos, designs, trademarks and/or other media provided to EI for inclusion on the Client’s website and/or web profiles are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend EI and its subcontractors from any liability or suit arising from the use of such elements.
19. The Client agrees to indemnify and hold harmless EI against any and all claims, costs, and expenses, including attorney fees, due to materials being provided to EI for use in the work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
20. EI and the Client may disclose confidential information to each other in order to facilitate the work requested by the Client. Such information shall be identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
    1. is already known to the party to which it is disclosed.
    2. is or becomes part of the public domain without breach of this Agreement.
    3. is obtained from third parties, which have no obligations to keep confidential to the parties of this Agreement.
21. The Client will not use the name of EI or EI’s employees in any advertising, press release, publicity operations or communications with third parties without receiving prior written approval and consent from EI.
22. The Client and EI are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor EI has any authority to assume or create any obligation or liability, either expressed or implied, on behalf of the other.
23. EI reserves the right to terminate any Client’s service immediately with a twenty four (24) hour written notice due to violations of EI’s terms of service and/or mistreatment of EI’s employees.
24. If the Client fails to pay fees and EI is forced to proceed with collections and/or legal action against the Client, it will be the Client’s responsibility to reimburse EI for all costs and fees associated with the collections process, until the Client’s account is satisfied and paid in full.
25. Failure to return EI owned equipment provided to the Client for use in the purpose of receiving services from EI shall result in the Client being billed the retail price of such equipment, including a late penalty fee of $99 for each item which was failed to be returned within thirty (30) days of cancellation or termination of service.
26. All rights not expressly granted hereunder are reserved to EI.
27. This agreement shall be governed by and construed in accordance with the laws of Forsyth County, NC, USA which are applicable therein.
28. EI’s pricing structure and terms of service are subject to change at any time.