Terms of Service
If you have any questions regarding any of our terms, please feel free to contact us by email at [email protected].
These terms and conditions outline the rules and regulations for the use of Ascend Digital Media’s Website.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Ascend Digital Media’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Ascend Digital Media and/or it’s licensors own the intellectual property rights for all material on Ascend Digital Media. All intellectual property rights are reserved. You may view and/or print pages from https://www.ascenddigitalmedia.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://www.ascenddigitalmedia.com
- Sell, rent or sub-license material from https://www.ascenddigitalmedia.com
- Reproduce, duplicate or copy material from https://www.ascenddigitalmedia.com
Redistribute content from Ascend Digital Media (unless content is specifically made for redistribution).
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
The Site is an internet service that offers design, development, and subscription plans to ongoing site maintenance and hosting. All hosting and terms of hosting are provided by our partner, SiteGround. Services include, but are not limited to, any service and/or content Ascend Digital Media makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Your access to and use of the Site may be interrupted from time to time, as a result of equipment malfunction, upgrade, maintenance or repair of the Site or otherwise, within or outside the control of Ascend Digital Media. Ascend Digital Media has the right to change, suspend or discontinue the availability of the Site and/or Services and/or remove any content at any time in its sole discretion without notice.
Ascend Digital Media sends one-time invoices for certain services, as well as offers monthly subscriptions for maintenance and hosting plans. Monthly subscriptions will automatically charge your provided credit or debit card every 30 days until a cancellation request is submitted. You agree that you will pay for the Services, and that Ascend Digital Media may charge your selected payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. Prices for the Services may change at any time at Ascend Digital Media’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
Release & Indemnity
You hereby expressly and irrevocably release and forever discharge Ascend Digital Media, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services. You hereby agree to indemnify and hold harmless Ascend Digital Media, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Ascend Digital Media Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
Limitation of Liability
In no event shall Ascend Digital Media be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription. Ascend Digital Media, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY Ascend Digital Media OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Support Requests & Reasonable Use
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email [email protected].
Each request is subject to a maximum of 1 or 3 hours of included development work per month (depending on the plan you have chosen). The effort required for development is exclusively determined by the Ascend Digital Media management. For work outside of the scope of the Ascend Digital Media 1 or 3 hour development agreement, Ascend Digital Media management may provide at its discretion carry the work over into the next support period unless additional hourly time blocks are purchased.
Ascend Digital Media provides support, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved. Your requests are subject to approval by Ascend Digital Media management or by its assigned agent.
NATURE OF REQUESTS
Requests should fall within the following categories.
Creative Graphics (Logos, Buttons, Banners, etc.)
WordPress Consultation & Site Suggestions
Theme/ Plugin installation and implementation
Organic SEO Services
If you are unsure about the whether or not a request meets these criteria, contact us and we will either accept the request or deny the request based on managerial approval.
Examples of requests which shall not meet Ascend Digital Media management approval for support: Custom plugin, theme development, back-end custom coding
Any fix deemed by Ascend Digital Media management to exceed the number of hours included in your plan may be done over multiple support periods by Ascend Digital Media.
Hi, I’m Jon – owner & designer at Ascend Digital Media. We are truly passionate about helping small to mid-sized businesses grow by providing effective & affordable web solutions. With over 15 years of experience, we promise better results than the “big” agencies at prices that actually make sense. Let’s discuss your next project!