Motichase Terms of Service (“Agreement”)
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.Motichase.com(“the Site”) operated by Motichase (“us”, “we”, or “Our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.Motichase.com.
By accessing and/or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Motichase without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
By submitting your payment to us you therefore agree to our following terms of service:
Our terms have been effective as of Decmber 1, 2018
The Site and its original content, graphic, images, videos, features and functionality are owned by Motichase and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Motichase.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the United States (USA) and New York without giving effect to any principles of conflicts of law.
For any disputes or discrepancies you may have with Motichase, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.
All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served.
The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
All designs created by us will begin after the initial payment is made by customer. Payment for all graphic designs are required to be paid in full upfront. All website designs with the exception of landing pages may be paid in 2 equal payments, the first being upfront & the second due within 1 week of the first drafts completion unless otherwise stated by Motichase.
When you first purchase your order with us you will receive an email shortly after requesting some if not all of the information needed to get started on your project.
If Motichase does not receive your information within 48 hours from the time of order MOTICHASE is not obligated to deliver your order on the original projected date/time and we will complete your project at our earliest convenience.
Buyers must submit all information requested for their project to us within 45 calendar days of purchase or they will forfeit their purchase.
If for any reason customer is delayed in making their payment/deposit or sending any needed information for their design then the project may be delayed from given completion time originally set by us and/or have existing designs/files deleted.
If customer wants a website feature, item or extra page that is not included in customers quote, plan or website package then requesting said feature(s), item(s) or page(s) will be charged an additional fee which will be determined by MOTICHASE & explained to customer before implementing it into their website.
Refunds and Exchanges
Refunds will be given for all designs if you choose to cancel your order within the first 48 hours from initial order time.
Being that Motichase sells digital services & products refunds will not be given to any orders past the initial 48 hours if any work relating to project has begun. However, exchanges may be offered for other of our services at our discretion.
No refunds will be given for any printed work such as flyers, brochures, etc if the said order is already submitted to the print shop, unless a spelling or grammar error is present & determined to be a result of negligence by us.
Orders that have passed the 45 day period to submit information are subject to an exchange of services at the discretion of Motichase for a service of equal or less value within 60 calendar days of original purchase.
All graphic designs are entitled to two rounds of unlimited revisions after viewing the rough draft submitted by Motichase. Revisions must be submitted within one week of rough drafts submission to buyer. All revisions must be within the scope of the project.
All website designs are entitled to three rounds of unlimited revisions after viewing the rough draft submitted by us unless otherwise stated in their respective package. Revisions must be submitted within one week of rough drafts submission to buyer. All revisions must be within the scope of the project.
For all monthly website plans you will receive an e-mail receipt when you subscribe to the plan of your choice. You may contact us to cancel at any time before the end of your first month and you will not be charged. Thereafter, you may cancel your plan at any time, and you will not be charged further; however, you will not receive a refund for any past payments you incurred when you cancel.
Website Design Credit
Motichase has the right to add website design credit to the footer of all websites purchased from us with a link opening in a new tab & directed to any page of our website.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Copyright and trademark notices
All contents of the www.Motichase.com website are Copyright © 2010-2017 Motichase and/or its suppliers, affiliates and partners. All rights reserved.
Disclaimer: The images, products, services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied and shall remain under Motichase possession unless agreed upon by Motichase and user/client.
MOTICHASE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Motichase ™ and www.Motichase.com™ is registered trademark of Motichase . The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
No waiver of any term of these Terms shall be deemed a further continuing waiver of such term or any term, and Motichase ’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision
Notices and procedure for making claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.
Content Management Websites
Motichase is not responsible for any software issues, server downtime or any other compatibility issues that may occur after customer’s site is launched. Customers will be responsible to manage their website(s) once completed. Tutorials and/or directions can be provided at an additional price.
Usage of Web Materials
Here at Motichase we reserve the right to use any created work or related items for our own promotional use. Any created work may appear on our Portfolio page, Facebook page, or any advertisements in print, online or other.
Children Under Thirteen
Motichase does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Motichase by contacting us here:
Changes To This Agreement
Motichase will occasionally update this Statement of Privacy to reflect company and customer feedback. We encourage you to periodically review this Statement to be informed of how Motichase is protecting your information. These terms are subject to change at any time.
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this agreement, please contact us.
Motichase welcomes your questions or comments regarding this Statement of Privacy. If you believe that we have not adhered to this Statement, please contact us at:
This Agreement was last modified on December 1st, 2018.