Terms of Service

These Terms of Service shall govern all services provided by Technology Media, LLC, (“Contractor”) to any person or entity (each a “Client”). By accepting and/or using services from Contractor, Client agrees to and shall be bound by the following:


Client may request specific services to be performed by Contractor (the “Services”) and Contractor shall inform Client of the fees and/or rates for such Services. The Services may be described in one or more finalized, proposed scopes of work (each an “Estimate”). Any and all descriptions of Services or Estimates, including fees and rates described therein, are subject to change based on modifications to a scope of work and potential fee or rate increases.


The Services shall commence when Contractor begins performance and shall continue until terminated by either party as set forth herein. Client may terminate the Services at any time, for any reason, upon five (5) business days’ prior written notice. Contractor may terminate the Services at any time, for any reason, upon notice to Client. Upon notice of termination to Client, Contractor shall stop performing all Services and shall invoice Client for all unpaid fees due for work performed prior to termination. Sections IV, V, VI, VII, and VIII shall survive termination of the Services.


a. Client shall pay all fees owed for the Services. Contractor may, from time to time, adjust its hourly rates or flat fees, and Client shall be charged the adjusted hourly rate or flat fee, beginning thirty (30) days after written notice is sent to Client of such a rate increase. Client shall be responsible for all reasonable costs and expenses required for Contractor to perform the Services, including without limitation any out-of-pocket expenses.

b. Contractor will invoice Client for the Services. The invoices are due and payable upon the date indicated therein. Client shall pay Contractor in the payment method indicated on the invoice. All unpaid invoices which are thirty (30) days past due shall bear interest at the rate of one and one half percent (1 ½%) per month. Should suit become necessary against Client to recover fees due to Contractor, Client agrees to pay all costs related to such collection efforts, including reasonable attorney’s fees.


Contractor shall exclusively own and retain all intellectual property rights, title and interest in all works and content created or developed by Contractor as part of the Services, including but not limited to all websites, logos, documents, and photos. Unless the parties agree otherwise in writing, in no event shall Client shall have a license or other authorization to use any intellectual property owned by Contractor.


Client shall indemnify, defend, and hold Contractor and its directors, affiliates, officers, agents, representatives, employees, and subcontractors wholly harmless from and against any and all damages, losses, liabilities, judgments, settlements, penalties, governmental fines, costs and expenses (including reasonable attorney’s fees) arising from: (1) Client’s breach of these Terms of Service or (2) Client’s negligence, fraud, or intentional misconduct.


Client acknowledges and agrees that if Client provides any data, information or systems access to Contactor as part of the Services, Client does so at Client’s own risk with no obligation, promise, warranty or guarantee of Contractor. In no event shall Contractor be liable for any use or loss of any data or information received by Contractor from Client. In no event will Contractor be liable for any use or loss of use of Client’s systems.


Contractor makes no guarantees, promises, or warranties of any kind to Client for the Services or otherwise and hereby disclaims and excludes any and all express, statutory or implied warranties, including but not limited to of merchantability, or fitness for a particular purpose or noninfringement. In no event shall Contractor be liable for any claims for consequential, incidental, punitive or special damages. Contractor’s sole liability and Client’s sole remedy for any claim arising out of or in any way related to the Services (whether arising in tort, contract, warranty, or otherwise) shall be limited to the lesser of the dollar amount actually paid by Client to Contractor for the Services giving rise to such claim or $500.00.


Contractor is a North Carolina limited liability company and the Services shall only be provided within the United States. In no event shall Contractor be subject to laws, regulations or rules applicable outside the United States. These Terms of Service and any dispute arising from the Services shall be exclusively governed by the laws of the State of North Carolina, excluding its conflict of laws provisions. Contractor is an independent contractor and not the agent, employee or representative of Client. These Terms of Service shall supersede all prior understandings between the parties, whether oral or written, with respect to the subject matter herein.