01. Agreement to Terms
By accessing our website or engaging chgroupmedia's services, you agree to be bound by these Terms of Service and all applicable laws and regulations of the United States. These Terms constitute a legally binding agreement between you ("Client") and chgroupmedia ("we", "our", or "us").
02. Services
chgroupmedia provides web development, AI-powered marketing, SEO, and related digital services as agreed upon in individual project proposals or service agreements. The specific scope, deliverables, timeline, and pricing are defined in a separate Statement of Work (SOW).
03. Client Responsibilities
To enable us to deliver your project on time and to specification, you agree to:
- Provide accurate, complete, and timely information, materials, and feedback.
- Designate a primary point of contact authorized to make decisions.
- Ensure you hold all necessary rights to use any materials you provide to us.
- Pay all invoices in accordance with the agreed payment schedule.
04. Project Timelines & Delays
Delays caused by late client feedback or missing materials may result in revised timelines. chgroupmedia shall not be held responsible for such delays. We will communicate any timeline adjustments in writing.
05. Payment Terms
Unless otherwise stated in your project proposal:
- A 50% deposit is required before project work commences.
- The remaining balance is due upon project completion, prior to final delivery or go-live.
- Invoices are payable within 14 days of issuance.
- Late payments may incur interest at the rate of 1.5% per month plus reasonable collection costs.
- All prices are quoted in USD.
chgroupmedia reserves the right to pause work on any project where payment is overdue by more than 14 days.
06. Intellectual Property
Your Materials
You retain full ownership of all content, logos, data, and materials you provide to us.
Deliverables
Upon receipt of full and final payment, chgroupmedia assigns to you all right, title, and interest in the final project deliverables. This assignment excludes third-party components, open-source libraries, or pre-existing proprietary tools.
Portfolio Rights
Unless you request otherwise in writing, chgroupmedia reserves the right to display your completed project in our portfolio and marketing materials.
07. Confidentiality
Both parties agree to maintain in confidence any proprietary or sensitive information shared during the engagement. Confidentiality obligations survive termination of this agreement for a period of 3 years.
08. Warranties & Disclaimers
chgroupmedia warrants that services will be performed in a professional and workmanlike manner. EXCEPT AS EXPRESSLY STATED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.
09. Limitation of Liability
IN NO EVENT SHALL CHGROUPMEDIA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE 3 MONTHS PRECEDING THE CLAIM.
10. Force Majeure
Neither party shall be liable for delay or failure to perform resulting from causes beyond that party's reasonable control, including natural disasters, pandemics, or internet infrastructure failures.
11. Termination
Either party may terminate a project engagement with 14 days' written notice. Upon termination:
- You will be invoiced for all work completed up to the termination date.
- The 50% deposit is non-refundable unless termination is due to chgroupmedia's material breach.
- chgroupmedia will deliver all completed work assets within 10 business days of receipt of final payment.
12. Dispute Resolution
Disputes shall first be attempted to be resolved through good-faith negotiation within 30 days. If unsuccessful, the dispute shall be submitted to non-binding mediation, then to binding arbitration in the State of New York.
13. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
14. Changes to These Terms
We may update these Terms from time to time. For material changes, we will provide at least 30 days' written notice. Continued use of our services constitutes acceptance of the revised Terms.
15. Contact Us
- Email: legal@chgroupmedia.com
- Address: chgroupmedia, 17 Burston St # 1 Hempstead, NY 11550