Effective Date: August 20th, 2022

LucidMediaSD.com Terms & Conditions

Website Development & Payment Obligations

Full payment is required to begin development of your website. This is to be paid in full via our online invoicing software unless an alternative contract or proposal specifies a different method. If drastic design and navigation changes are requested by client after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.

Website Development Cancellation

If site design and development work has already begun (such as creating a design concept), 50% of the payment is refundable. Lucid Media Group may elect at its sole discretion to offer a partial refund depending upon the circumstances.

Stock Photography Payment Obligations

Stock photography includes most photos and/or images not provided by the client. We always try to use free stock photos to cut down on client-side cost. For stock photos that need to be purchased, we will solicit client approval and communicate the cost to purchase photos before purchasing.

Description of Ongoing Costs

There are 2 types of ongoing costs: domain registration/renewal and hosting/maintenance.

Domain name registration/renewal

Your first year of domain registration fees is covered by Lucid Media Group. This cost then recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.

Hosting Renewal Payment Obligations

Your hosting account will be automatically renewed unless you give written notice to Lucid Media Group fifteen (15) days before the renewal date that you do not wish to renew the account.

Hosting Cancellation Payment Obligations

You may cancel at any time. If you cancel before the first 30 days from the opening of your account, please refer to the details under “Limited 30-day Money Back Guarantee.” If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. Lucid Media Group will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $50. Accounts that are terminated by Lucid Media Group for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received inwriting according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within ten (10) business days from your cancellation date.

Limited 30-day Money Back Guarantee on Hosting

If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting& maintenance fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.

Late Payment Fee

For website monthly hosting subscription services provided by Lucid Media Group, payment is due on the 15th of the month. Payment will be considered late after the 21st of the month (7 days period). Once payment is considered late, a $9.95 Late Payment Fee will be issued to the client responsible for the website monthly hosting subscription. If payment including the late fee is not collected after the 28th of the month (14 day period), Lucid Media Group has the right to cancel the monthly website hosting subscription and/or remove the clients website hosting.

Maintenance

Website maintenance is provided by Lucid Media Group. If any elements on clients website stop working as intended, Lucid Media Group will fix the issue as included by the hosting/maintenance monthly subscription. Each client is entitled to one hour of additional design work related to image and text alterations per month. Any design work over one hour will be billed at Lucid Media Group's current hourly design rate.

Development Process

Homepage Design

Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes will extract from the two (2) hour allotment in the hosting and maintenance fee.

Navigation

Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.

Content

Provision of content is customer’s responsibility, unless specifically negotiated ahead of time as part of the project proposal.

Text Content

Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Should the client wish to make changes to a design they have approved, those changes will extract from the two (2) hour allotment in the hosting and maintenance fee.

Copy Development

Should client wish Lucid Media Group to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via Lucid Media Group interviewing the client about the topic areas to be addressed on their web pages. Lucid Media Group then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.

Graphical Content

Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in customer’s contract. Subsequent revisions will be billable at our regular hourly rate.

Email

We offer domain-based email accounts to our clients as an addition to our hosting contract. If the client website is not hosted by Lucid Media Group, we take no responsibility for setting up and troubleshooting email problems.

Technical Support

We offer local and long-distance phone support to our clients.

Terms & Conditions

Every client of Lucid Media Group is agreeing to our Terms & Conditions with the first processed invoice completed for any services provided by Lucid Media Group. Lucid Media Group holds the right to change or edit these Terms & Conditions at any time.

Liability & Indemnity

For the purpose of this liability and indemnity provision, the terms “we,” “our,” and “us” refer to Lucid Media Group, its subsidiaries, and its affiliates, and the owners, shareholders, members, directors, shareholders, owners, managers, officers, employees, agents, licensors or licensees, service or content providers, and suppliers of Lucid Media Group, or of its subsidiaries and affiliates. The terms “you” or “your” refer to any individuals who use or access this Website.

General Liability Release.

ANY AND ALL CONTENT CONTAINED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, IMAGES, SOFTWARE, CODE, PRODUCTS, APPLICATIONS, INFORMATION, AND CORRESPONDING SERVICES IS RELIED UPON AT YOUR OWN RISK AND IS PRESENTED “AS IS” OR “AS AVAILABLE.” NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, ARE PROVIDED FOR OUR WEBSITE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AS WAY OF EXAMPLE, NOT LIMITATION, WE PROVIDE NO WARRANTIES OR REPRESENTATIONS ABOUT SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE CONTENT ON THIS WEBSITE. WE PROVIDE NO WARRANTIES THAT OUR WEBSITE OR ITS CONTENT IS FREE FROM ERROR OR DEFECTS (LIKE VIRUSES OR MALICIOUS CODE), THAT USE OF OUR WEBSITE WILL BE FREE FROM INTERRUPTIONS, OR THAT OUR WEBSITE WILL NOT BE COMPROMISED BY A CYBERATTACK, HACK, OR OTHER SIMILAR EVENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES TO ANY CONTENT ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE THAT ANY RELIANCE UPON ANY CONTENT ON THIS WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT WE WILL NOT BE LIABLE IN ANY WAY FOR CONTENT POSTED ON THIS WEBSITE OR OTHERWISE MADE AVAILABLE THROUGH USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, THROUGH EMAIL OR TEXT NOTIFICATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING ANY INJURY TO PERSON, PROPERTY, OR BODY, OR ANY KIND OF LOSS OR DAMAGE WHATSOEVER TO YOU OR ANY THIRD PARTY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY A “CLAIM”). THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, DELAYS, INTERRUPTIONS, INSUFFICIENT, INCOMPLETE, MISSING OR DELETED CONTENT, DETERIORATION OR CORRUPTION OF FILES OR CONTENT, LOSS OF DATA, LOSS OF PROFITS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJANS, MALWARE AND MALICIOUS CODE, OR INJURY TO PERSON, PROPERTY, OR BODY, OR ANY OTHER KIND OF LOSS OR DAMAGE WHATSOEVER, TO YOU OR ANY THIRD PARTY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, BUT YOU AGREE THAT OUR LIABILITY SHALL BE WAIVED TO THE MAXIMUM EXTENT PERMISSIBLE BY THE LAW OF YOUR STATE OR JURISDICTION. IF YOU ARE DISSATISFIED WITH OR DISAGREE WITH ANY PORTION OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THIS LIABILITY AND INDEMNITY PROVISION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Indemnity.

BY USING THIS WEBSITE, YOU EXPRESSLY AGREE: (1) YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK; (2) YOU CONSENT TO AND ARE BOUND BY THE ABOVE LIABILITY WAIVER AND THIRD PARTY DISPUTE RELEASE; (3) YOU WILL INDEMNIFY AND HOLD US HARMLESS AGAINST ANY AND ALL LIABILITY AND WILL INDEMNIFY US FOR ANY CLAIM (INCLUDING, WITHOUT LIMITATION, THE COST OF INVESTIGATING ANY CLAIM, THE COST OF LITIGATION, AND ATTORNEYS’ FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED) ARISING FROM, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR ACCESS TO OR USE OR MISUSE OF THIS WEBSITE, ITS CONTENT, OR ANY INFORMATION, GOODS, OR SERVICES PROVIDED THROUGH OR ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY SUBMISSIONS YOU POST ON THIS WEBSITE, YOUR BREACH OF ANY OBLIGATION, TERM, OR WARRANTY IN THESE TERMS, AND YOUR INFRINGEMENT OF THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES, OR ANY ACT OR OMISSION BY YOU IN VIOLATION OF THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION; AND (4) WE EXPRESSLY RESERVE THE RIGHT, AT OUR SOLE AND COMPLETE DISCRETION AND AT OUR OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE