Terms and Refund Policy

General Terms and Refund Policy Guidelines

For your protection, all refund requests must be received in writing using Certified Mail from the U.S. Postal Service to ensure that we have received your correspondence. As a courtesy, all refund requests will be considered on a case-by-case basis after fees and costs incurred by Estate Media LLC are calculated and deducted.

How Refunds Are Processed
Unless stated otherwise, payments made to Estate Media LLC by debit card or credit card will be refunded to the original debit card or credit card that the payment was made with. Both cash and check payments will be refunded by check only.

Non-refundable Services:
The following payments are not refundable.
* Payments made for Custom Graphic Design work.
* Payments made for Custom Website Design & Maintenance
* Payments made for Custom Branding Projects
* Payments made for Custom Marketing Projects
* Payments made for Custom Branded Promotional Products
* Payments made for Custom Flyers, Brochures, Magazines, etc.
* Payments made for Custom Application (software) Development

Filing Chargebacks – We normally ask for the Customer’s credit or debit card and other payment information so that we can process the Customer’s payment for services being provided OR we may also send the Customer an invoice with a payment link so that the Customer can personally make the payment from the Customer’s physical location. Claiming that you didn’t provide your card information or that you are not aware of such charges is illegal and fraudulent. If any chargeback or payment dispute is caused by the Customer to a bank or credit card company, then the Customer’s services and/or projects will be suspended and in some cases, all work will be undone (reversed) without notice. Furthermore, the amount of the chargeback fee will be issued to the Customer (to recover any fees passed on to us by the credit card company). A fraudulent chargeback is a form of credit card fraud that can be punished under the law. Every conviction with its resulting fine or jail sentence is a serious matter to consider if the Customer is accused of committing this crime. Not only can chargeback fraud lead to lawsuits, but depending on the circumstances a customer who engages in chargeback-related fraud can face criminal charges and prison time. We reserve the right to press charges to the full extent of any and all State and Federal laws broken due to filing a fraudulent chargeback. We also reserve the right to file a civil lawsuit to recover any damages, attorney fees, and court fees as a result of damages caused by a fraudulent chargeback.

PLEASE CONTACT US TO ADDRESS ANY BILLING ISSUES AND WE WILL GLADLY TRY TO HELP YOU.

Requesting a chargeback or opening a dispute for a valid charge from us is fraud. Fraudulent chargebacks are never a legal or appropriate means of obtaining a refund. Please read and make sure you fully understand our refund policy before making a payment. All disputes will be challenged by our lawyers with sufficient evidence from our records.

DIGITAL PUBLICATIONS – Our digital flyers, magazines, catalogs & brochures are downloadable files and no actual physical items will be shipped to you. Instant downloads are available upon confirmation of artwork and due to the nature of the product and its delivery, no refunds are offered.

GRAPHIC DESIGN
We provide several examples for you to view before hiring us for your project so you can see the quality level of our work and be completely comfortable working with us. If you have any questions or reservations, please contact us before making a payment for our services. After work has been accepted and paid for, no refund is available for graphic and design services.

Payments for custom design projects are only made to us in increments as a courtesy to the Customer only on a case-by-case basis. Once a payment or deposit is made, it is considered non-refundable. If a project is canceled or postponed by the Customer, all monies paid are retained by Estate Media LLC and if applicable, additional fees may be incurred for loss of time and material costs as well as all work completed beyond what was already paid for shall be due by and paid by the Customer.

SELF-PUBLISH PRINT MEDIA DESIGN
Design costs paid to Estate Media LLC are non-refundable. We are not liable for damages incurred due to printing errors or problems with 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. We provide the design files via email or online only. No physical items will be shipped to you.

PRINTED MEDIA & DESIGN
Design costs paid to Estate Media LLC are non-refundable. Due to the high costs that we incur providing these services with individual custom work for each of the participants involved in each project, we do not offer refunds once individual design work has begun. Any cancelations or postponements made by the Customer may incur additional costs and fees above and beyond what was either already paid for or previously agreed on.

PRINTING SERVICES
Printing fees are 100% non-refundable once printing cycles have begun including design work. If a printing fee refund is requested in writing, it must be received before the beginning of printing cycles, a 50% refund of payment minus all costs incurred by Estate Media LLC, whichever is lesser, can be considered by Estate Media LLC on a case-by-case basis, if the refund request is received within 10 days of payment date, less a $50 processing fee. After 10 days from the payment date, no refund will be considered by Estate Media LLC.

WEBSITE MAINTENANCE
When adding new text and/or content to a page the Customer is responsible for providing all text (in digital format) and images/photos. Unused hours do not roll over to subsequent months. No refunds are provided for unused hours. There are no refunds for any fees related to website maintenance services. An administrative fee of $25 will be charged to the Customer’s account for any late payments or declined credit card charges. Estate Media LLC may terminate this agreement at any time with written notice to the Customer.

SEO/MARKETING
The customer understands, acknowledges, and agrees that Estate Media LLC has no control over the policies of search engines or directories concerning the type of sites and/or content that they accept now or in the future. The customer’s website may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. Some search engines and directories may take as long as two (2) to four (4) months, and in some cases longer, after the commencement of the plan to list and/or update the Customer’s website. Occasionally, search engines and directories will drop listings for no apparent or predictable reason.

Estate Media LLC is not responsible for changes made to the Customer’s website by other parties that adversely affect the search engine or directory rankings of the Customer’s website.

OWNERSHIP
Once all fees are paid, you, the Customer, have ownership of the final graphic design for use in any media application that is beneficial to your business. Estate Media LLC retains the right to use the final artwork, or any versions of the graphic designs created in the process, within printed and online portfolios, including promotional materials such as newsletters and advertisements. The Customer also permits Estate Media LLC to use the Customer’s full name, business address, and/or website address, for testimonial purposes on her website, or other business-related media. The Customer understands that it is the Customer’s responsibility to copyright the graphic design (www.copyright.gov) and/or seek a trademark (www.uspto.gov/main/trademarks.htm).

STOCK PHOTOGRAPHY
Estate Media LLC agrees to provide up to 5 stock photos during the web design process. Any photos acquired by Estate Media LLC for inclusion in the Customer’s designs are being worked on remaining the property of Estate Media LLC and may be used in multiple, separate projects. Should the Customer require full ownership of the provided photography, these terms must be disclosed in writing.

Indemnification – Customer shall indemnify and hold harmless Estate Media LLC (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Estate Media LLC as a result of any claim, judgment, or adjudication against Estate Media LLC related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to Estate Media LLC (the “Customer Content”), or (b) a claim that Estate Media LLC use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Estate Media LLC must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defense and all related negotiations.

Disclaimer – ESTATE MEDIA LLC DOES NOT WARRANT THAT THE SEO SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH THE CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, ESTATE MEDIA LLC PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES OUTLINED IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

Limited Liability – IN NO EVENT SHALL ESTATE MEDIA GROUP LLC BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. CLUB SERVICES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING ANY THIRD-PARTY PRODUCTS, THIRD-PARTY CONTENT, OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.

Confidentiality – The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer-retained information, notes, or financial information.

Force Majeure – Neither party will be liable for or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.

PLEASE CONTACT US TO ADDRESS ANY BILLING ISSUES AND WE WILL GLADLY TRY TO HELP YOU.

Delays – Illness, injury, or other events beyond PPD’s control, such as fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.

Performance Liability – Estate Media LLC does not warrant that the functions supplied by the design(s), consultation, or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the design is with the Customer. In no event will Estate Media LLC be liable to the Customer or any third party for any damages, including any lost profits, lost savings, or other incidental, consequential, or special damages arising out of the reproduction of, or appearance of the design, even if Estate Media LLC has been advised of the possibility of such damages.

Copyrights and Trademarks – The Customer represents Estate Media LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Estate Media LLC for inclusion in web pages are owned by the Customer, or that the Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Estate Media LLC from any claim or suit arising from the use of such elements furnished by the Customer.

NOTE: Before you conform to these terms, please make sure you understand all of the above agreements. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.

By submitting a payment, either a deposit payment, partial payment, or full payment, by making a payment you consent to these terms on behalf of yourself, and/or your organization or business.

Mailing Address:
Estate Media LLC – Attn AP/AR Department
5660 Strand Court, STE A182
Naples, FL 34110
239-317-0779