Terms & Conditions
Last Update: September 14th, 2018
1. Terms and Conditions
1.1 The following Terms and Conditions of Service apply to all products and services provided by Recon Media, LLC (hereinafter referred to as Recon Media) and in the event of any dispute are governed by the laws of the state of Indiana.
1.2 By purchasing and/or using Recon Media’s goods, products and/or services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions stated herein and any other applicable policies or procedures of Recon Media, as may be amended by Recon Media from time to time, and by all terms and conditions of any other written agreements between You and Recon Media.
1.3 You agree to be bound by any amendments Recon Media may make to the terms and conditions stated herein as of the date in which any such changes are published by Recon Media on its Company Website. You agree that Recon Media shall not be bound by any representations made by third parties who You may use to purchase goods and/or services which may be offered by Recon Media or any other party. You further agree that Recon Media shall not be liable or responsible in any manner for any products or services provided by any third party.
1.4 The terms and conditions stated herein, as may be amended from time to time by Recon Media, together with any separate Professional Services Contract, Hosting Services Agreement, Web Maintenance Services Agreement, and any applicable Recon Media policies and procedures, constitute the complete and exclusive agreement between You and Recon Media concerning Your use of Recon Media’s products and/or services.
1.5 The terms and conditions stated herein, along with any terms and conditions in any separate Professional Services Contract, Hosting Services Agreement, Project Agreement, and/or Web Maintenance Services Agreement supersede and merge all prior and contemporaneous agreements, whether written, oral or otherwise, and all discussions between You and Recon Media, including any statements made by any representative of Recon Media at any time unless contained in these terms and conditions or written in a contract signed by Recon Media.
1.6 All work is carried out by Recon Media on the understanding that the client has agreed to our terms and conditions.
1.7 Copyright is retained by Recon Media on all design work including words, pictures, ideas, visuals
1.8 If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Recon Media unless specifically agreed in writing.
2. Project Acceptance
2.1 At the time of proposal, Recon Media will provide the client with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Recon Media website located at https://recon.media/terms.
2.2 A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Recon Media.
2.3 No creative or development work will commence until the agency has received written approval of the quotation (by hard copy or by email) and a minimum deposit of 50% of the agreed costs (unless otherwise agreed in writing). This ensures the agency is fully equipped to provide the highest levels of service and expertise, from project inception through to completion. This also applies if a project is delivered in ‘stages’, whereby a deposit will be required before proceeding to each new stage.
2.4 For rush jobs or those with expedited timelines and at the discretion of Recon Media, a 66% deposit of the project total may be due in order to secure and allocate the appropriate Recon Media resources.
2.5 Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g. on approval of logo, delivery of printed items, deployment of website, sending of digital images/videos, etc): failure to make final payment at this point may result in delays in project delivery. All invoices must be settled in full prior to
2.6 Unless otherwise agreed in writing, work will usually commence within ten business days of deposit receipt. Any anticipated completion date provided by the agency is subject to options chosen and client cooperation in
2.7 If a quotation has been provided where a job will be approached in ‘phases’, each stage will need to be paid in full on completion of each stage, before the agency is able to progress to the next phase. Where a job is being charged in stages (for example, an initial 50% deposit and two further payments of 25% each) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of the agency.
3. Fees and Payment
3.1 If any project exceeds the estimated timeline agreed due to failure by client to content, approvals, change requests, or other information, or extends beyond twelve weeks from approval of quotation (whichever occurs first), the agency reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion. We reserve the right to invoice for completed work irrespective of content or final approval being provided by the client.
3.2 Any printing, fulfillment, mailing or third-party services that are provided by the agency will require a minimum up-front payment of 75% (possibly higher in relation to value) of the agreed cost (this figure will be at the discretion of the agency and may in some cases be as much as 100%). Please note that the agency will be unable to proceed to this stage without receipt of proof of this payment.
3.3 Unless otherwise stated above or previously agreed in writing, all invoices are due within seven days of any invoice date. Please note points above and how this could have an impact on timelines.
3.4 Fees provided allow for
3.5 Costs provided allow for a maximum of three sets of client amends after which time additional charges may become payable, although the client would be made aware of this in advance.
3.6 At the end of each stage of the process (including – but not limited to – before sending an item to print or publishing a website, etc.) the client will need to ‘sign-off’ their approval either in the agency online proofing and approval system, in person, or by email. No further development can be undertaken until the agency is in receipt of client approval confirmation. Any amendments to work after signed approved may incur additional charges for further time spent, although the client would be made aware of this in advance.
3.7 Fees provided allow for occasional meetings at key stages for a ‘reasonable’ length of time between the agency and client. Some meetings may incur additional charges for time spent, travel, or other scenarios, although the client would be made aware of this in advance.
3.8 Unless otherwise agreed in writing, our fees exclude: VAT where applicable; stock library images, photography or video outside of our in-house resources; copywriting; website hosting or backups; translation services; travel and accommodation outside of a 60-mile radius from Plymouth, Indiana; talent (models and actors etc.); any third-party media, production, distribution, couriers, proofs, mock-ups, proofreading or printing that may be required; other third-party costs incurred (such as merchant bank and payment gateway charges), etc.
3.9 The client will be provided with a Final Project Approval Form and an Invoice prior to final publication, delivery, or deployment. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Final Project Approval Form or signify approval by email to Recon Media.
3.10 Any invoice queries must be submitted by email within 7 days of the invoice date.
3.11 Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the Bank of England Base Rate plus 8% on the outstanding amount from the date due until the date of payment.
3.12 Payments may be made by online ACH/wire transfer, credit card (Visa, Mastercard) or Debit Card.
3.13 Publication and/or release of work done by Recon Media on behalf of the client, may not take place before cleared funds have been received.
3.14 Returned checks will incur an additional fee of $50 per returned check. Recon Media reserves the right to consider an account to be in default in the event of a returned check.
3.15 If Recon Media collects any payment due by You to Recon Media through an attorney or through the means of a collection agency or similar service, or if Recon Media prevails in any action to which You and Recon Media are parties, You will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Recon Media’s reasonable attorney and collection agency fees.
4. Design Charges
4.1 Charges for design services to be provided by Recon Media will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
4.2 Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
5. Source Files
5.1 We will supply proofs and PDF files as appropriate for printing, or other
5.2 Charges for design work do not cover the release of our copyright design source files, including but not restricted to
5.3 Ownership and copyright of all unused or rejected files, documents and designs will reside with Recon Media for non-exclusive future use.
6. Charges for Other Services
6.1 Charges for any additional services requested during the project that are over and above the estimated time or out of scope will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
7.1 An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Recon Media shall be entitled to remove Recon Media’s and/or the customer’s material from any and all computer systems until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, video production, sub-contractors, printers, photographers and libraries.
7.2 Removal of such materials does not relieve the customer of its obligation to pay the due amount.
7.3 Customers whose accounts become default agree to pay all Recon Media ‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
8. Copyrights and Trademarks
8.1 By supplying text, images and other data to Recon Media for inclusion in the customer’s website or
8.2 Any artwork, images, or text supplied and/or designed by Recon Media on behalf of the customer, will remain the property of Recon Media and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
8.3 The customer may request in writing from Recon Media, the necessary permission to use materials (for which Recon Media holds the copyright) in forms other than for which it was originally supplied, and Recon Media may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
8.4 Any software, code, plugins, or other third-party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not Recon Media.
8.5 By supplying images, text, or any other data to Recon Media, the customer grants Recon Media permission to use this material freely in the pursuit of the design.
8.6 Should Recon Media, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Recon Media to remove and/or replace the file on the site.
8.7 The customer agrees to fully indemnify and hold Recon Media free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
9.1 The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
9.2 The customer also agrees that Recon Media holds no responsibility for any amendments made by any third party, before or after a design is published.
9.3 Any changes or additions to the written contract or agreement will be charged at the hourly rate listed in such contract or agreement rounded up to 30-minute intervals after a minimum of one hour. Any significant additions or modifications will be covered under a new or amended written contract or agreement. Additional Website development and/or design services completed by Recon Media after the written contract or agreement is completed that is not under a new written contract or agreement will be in accordance the terms and conditions stated herein and in accordance with the terms and conditions of the original written contract or agreement for Website development and/or design services.
10.1. Any design, copywriting, drawing, idea or code created for the customer by Recon Media, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Recon Media and any of its relevant sub-contractors.
10.2. All design work – where there is a risk that another party
10.3. Recon Media will not be held responsible for any and all damages resulting from such claims.
10.4. Recon Media, subject to the terms and conditions set forth herein, hereby grants You a non-exclusive, limited, personal, license to use the Recon Media services for the Term set forth herein. Your rights under hereunder, and under any other written contract or agreement between You and Recon Media may be assigned by You only upon prior written notice by You and express written approval by Recon Media. Any other assignment or attempted assignment by You of such rights shall be null and void.
10.5. Recon Media is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Recon Media responsible for any such loss or damage.
10.6. Any claim against Recon Media shall be limited to the relevant fee(s) paid by the customer.
11. Intellectual Property
11.1. Recon Media owns all rights, titles, and interests in and to Recon Media’s intellectual property, including, but not limited to, trademarks, trade names, service marks, inventions, copyrights, trade secrets, source code, patents, pending patent applications, know-how relating to the design, function or operation of plans and of the hardware and software systems and resources necessary to provide any individual service elements of which they consist (hereinafter collectively referred to as “Recon Media IP”).
11.2. Neither the terms and conditions stated herein nor the terms and conditions of any separate written contract or agreement between You and Recon Media shall constitute any license to You to use any Recon Media IP. Your use of any Recon Media IP proprietary information owned or licensed by Recon Media is limited to Your use in connection with the Recon Media Website, Website design services, Website hosting services, Website maintenance services, or other services referenced herein, and/or any Recon Media software, service, or product made available to You.
11.3. You own all rights, titles, and interests in and to Your intellectual property, including, but not limited to, trademarks, trade names, service marks, inventions, copyrights, trade secrets, source code, patents, pending patent applications, know-how relating to the design, function or operation of plans and of the hardware and software systems and resources developed for You by Recon Media (hereinafter collectively referred to as “CLIENT IP”).
12. Data Formats
12.1. The client agrees to Recon Media’s definition of acceptable means of supplying data to the company.
12.3. Images which are supplied in an electronic format are to be provided in a format as prescribed by Recon Media via e-mail, Dropbox, Google, Drive, our the agency project management platform. Images must be of a quality suitable for use without any subsequent image processing, and Recon Media will not be held responsible for any image quality which the client later deems to be unacceptable.
12.4. Recon Media cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
12.5. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images not originally included in
13. Project Duration
13.1. Any indication given by Recon Media of a design project’s duration is to be considered by the client to be an estimation. Recon Media cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Recon Media for the initial payment or by date confirmed in writing by Recon Media.
14. Project and Design Services
14.1 It is assumed that unless otherwise stated, most copy and images will be provided by the client, although the agency will contribute to this (through headlines, and top-line messages etc) as a natural part of the creative process. The agency is able to provide a full copywriting service or copy advice, as well as illustration and photography at an additional cost if required. Purchased royalty-free stock images from our standard sources (if required) will generally be priced at $50 per image (dependent on source, image size, and quality) to cover sourcing time and image costs. Specific image requirements not satisfied by our standard sources will be charged at cost + 15%, with prior client notification.
14.2 The agency recommends that clients use our preferred suppliers for print and is able to provide competitive quotations to ensure high quality and service is maintained until delivery of the final product. We always seek a number of quotations from our trusted print suppliers and provide a complete management service: from print sourcing to print-liaison to proof checking. Although clients are not contract-bound to use the agency to provide this service, it is highly recommended for quality control and peace of mind. If a client prefers to use their own print supplier, the agency will simply provide artwork directly to the client to manage and forward, and will be unable to monitor, advise or take any responsibility for the process or final output. Recon Media will not interface or liaison with the third-party vendor if client chooses to use their own selection outside of those recommended by the agency.
14.3 Clients should be aware that due to a variety of factors there will often be variance in colors shown between in-house proofs, colors on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g the agency printer, the client’s printer, the imagesetter, the monitor etc will differ from the other), the types of inks or make-up of colors (even Pantone colors can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc) used, individual preferences (ambient light, personal computer settings etc) and several other reasons. As a result of this, the agency is unable to guarantee 100% consistency and accuracy of color on all items and may not always be able to achieve the exact result expected by the client. In the case of printed items, the only true guide as to what is likely to be produced is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost. However as long as the client accepts there may be inconsistencies across work produced, this step may not be necessary. The agency does not accept any responsibility for color variations as a result of these indeterminate factors.
14.4 In the event the project requires more hours than estimated in the scope due to client delays, additional changes, or any other circumstance which may lengthen the timeline, Recon Media reserves the right to submit an amended budget total to Client to cover additional work.
14.5 Recon Media will take the utmost care in developing Your design but You understand, acknowledge, and agree that it is Your responsibility to make sure the content is accurate. Recon Media shall not be liable for any materials published, typos, or inconsistencies after client approval.
14.5 Recon Media shall have the right to use the design for display, publication, promotion and advertisement purposes. All images and graphics created by Recon Media for the design are protected by federal copyright law and may not be copied by You or any other party without the prior written consent of Recon Media. Images, documents, and Data provided by You to Recon Media will remain Your property.
15. Rights of Access for Website Construction
15.1. The client agrees to allow Recon Media all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames, and passwords.
15.2. The client agrees to allow Recon Media access to any computer systems, usernames, and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
15.3. The client agrees to supply Recon Media with all necessary materials, electronic, or otherwise, required to create and complete the project and to supply them in a timely manner.
15.4. The client agrees to allow Recon Media all necessary access to domain name registrars and hosting accounts in order to update DNS settings, nameservers, and other relevant and necessary information as it relates to the completion and successful deployment of the client website.
16. Project Completion
16.1. Recon Media considers the design project complete upon receipt of the customer’s signed Final Project Approval Form or signoff email. Other services such as printing, display panel production, film work, website uploading, publishing, etc. either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
16.2 The client agrees to alert the agency in writing to any defects or problems in relation to work and services provided, within 30 days of the final invoice date. The agency will not be liable for any claims made after this period.
17. Website Design Only
17.1. Recon Media requires that a template is approved by the customer before coding of a site commences. Once the template(s) for the website are approved by the customer, coding will commence; any changes to navigation items, colors, structure, or content that require changes to the template may incur an additional charge.
17.2. Once web design is complete, Recon Media will provide the customer with the opportunity to review the resulting work. Recon Media will make one set of minor changes at no extra cost within 7 calendar days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes, or any navigation features. Any minor changes can be notified to Recon Media by e-mail.
17.3. Any major changes should be requested via the agency Change Request Form and may be subject to additional charges.
17.4. Recon Media will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
17.5. For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code, or animations).
17.6. Recon Media shall have the right to use Your Website for display, publication, promotion and advertisement purposes. All images and designs created by Recon Media for Your Website are protected by federal copyright law and may not be copied by You or any other party without the prior written consent of Recon Media. Data provided by You to Recon Media will remain Your property. In addition, You acknowledge and understand that other than the rights to use Your Website, You have no rights in or to or ownership of in any source code included in Your Website. Upon dissolution of or the cessation of operation of Recon Media, or any of its successors or assigns, You will be granted full rights to any such source code, provided that you may not sell or transfer any such source code to any other party.
17.7. Any damage done to Your Website (modifying source code, deleting files, etc.) by You is Your sole responsibility. Work done by Recon Media to repair any such damage will require additional billing to be determined in its reasonable discretion by Recon Media. You may also incur additional billing for any design changes after you have approved the initial design of Your Website.
18. Website Hosting
18.1. Recon Media offers white-labeled, fully-managed hosting services as an agency partner through a reliable and established third-party hosting vendor. Recon Media does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
18.2. Recon Media may request that clients change the type of hosting account used if that account is deemed by Recon Media to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Recon Media’s virtual servers are due at the commencement of any period of service and are non-refundable.
18.3. The agency offers a web hosting service to host the websites we have built for our clients. This is recommended in order to ensure ongoing quality of service and is a mandatory requirement for websites incorporating a content management system (CMS) or e-commerce system. Although the standard of our hosting packages are high, the agency is unable to guarantee 100% up-time (as no web host would) nor accept any responsibility for any error, omission or misrepresentation in relation to the websites hosted or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by any user of the websites hosted. The agency makes no warranties or representations of any kind that hosting will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall the agency, its employees or agents be liable for any direct, indirect or consequential damages resulting from the hosting of websites on our servers. Separate terms and conditions apply for website hosting and these can be provided upon request.
18.4. Recon Media is not responsible for Your failure to use the services/plans offered by Recon Media. You have the right to cancel the services/plans other than products or services covered under a separate written contract or agreement between You and Recon Media that You have purchased pursuant to the terms and conditions contained in any such written contract or agreement. Therefore, non-use of the services/plans offered DOES NOT constitute a cancellation of said services/plans.
18.5. Additional Fees: You agree that use of the Services hereunder will not exceed any usage limits/allocations set forth under Your particular plan details. If You do exceed any of the specified usage limits/allocations, Recon Media may, at its sole discretion, assess You with additional charges (where those additional charges are provided to You when you begin the service), suspend the performance of such service or terminate such services to You. In the event that Recon Media elects to take any corrective action, You may not be entitled to a refund of any unused pre-paid fees.
18.6. Recon Media is a white label hosting reseller and follows the terms and conditions set by the hosting company (“Host” or “Hosts”) it resells services for. Hosting clients will be monitored to ensure they operate under the Hosts’ terms and conditions of service (a copy of the Host’s terms will be provided to you upon Your request). If Your Website is not in agreement with the Host’s terms, you will be notified in writing. Any failure by You to rectify Your Website could result in suspension or termination as outlined below. Since Recon Media is not in control of the Hosts’ services it cannot be held responsible for any downtime suffered during the use of such Website hosting services.
18.7. Recon Media strictly enforces compliance with Hosts’ acceptable use policies. If we find Your Website does not comply, it is cause for immediate suspension and/or termination of Your account at the sole discretion of Recon Media. Recon Media reserves the right to refuse to provide service to anyone at their sole discretion, for any reason whatsoever.
18.8. In no event shall Recon Media be liable to You for any sums in excess of the payments made by You for Website hosting services, and You shall defend, indemnify and hold harmless Recon Media from and against any and all claims for damages and losses of any kind whatsoever in excess of Your payments to Recon Media, including but not limited to, money damages, lost profits, or any other losses due to a problems with Your Website.
18.9. After cancellation or non-renewal, all information stored on any Host’s network that was placed there by You or is a result of You using the services provided by Recon Media is deleted after a period of approximately five (5) days from the date of cancellation. Therefore, should You require a copy of said information, You should take steps necessary to retrieve that information prior to cancellation of services. Should You fail to retrieve such information, and should You require a copy of said information after the date of cancellation, it is possible that Recon Media can provide the information to You for an additional fee (to be determined at the time of request but could include data restoration and custom services fees). However, Recon Media does not guarantee that it will be able to provide the information to You after the date of cancellation.
19. Domain Name Registration
19.1. Recon Media cannot guarantee the availability of any domain name. Where Recon Media is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.
19.2. If client requests Recon Media to secure a domain name(s) on their behalf, client must provide reliable contact information to be used for the ownership listing of said domain(s).
20. Search Engine and SEO Ranking
20.1. Due to the infinite number of considerations that search engines use when determining a site’s ranking, Recon Media cannot guarantee any particular placement or ranking. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Recon Media recommends that clients use a professional SEO service and are happy to provide details of such services Recon Media can provide under a separate agreement.
21. Design Credits
21.1. The customer agrees to allow Recon Media to place a small credit on printed material exhibition displays, advertisements and/or a link to Recon Media own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
21.2. The customer also agrees to allow Recon Media to place websites and other designs, along with a link to the client’s site on Recon Media’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
22. Rights of Refusal
22.1. Recon Media will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Recon Media also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Recon Media does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Recon Media to remove the contravention without hindrance, or penalty. Recon Media is to be held in no way responsible for any such data being included.
23.1. Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Recon Media will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Recon Media within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
24.1. Recon Media makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Recon Media will not be held responsible for any and all damages resulting from products and/or services it supplies. Recon Media is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Recon Media responsible for any such loss or damage. Any claim against Recon Media shall be limited to the relevant fee(s) paid by the customer.
24.2. Recon Media reserves the right to use the services of sub-contractors, agents, suppliers, and any work, content, services, and usage is bound by their Terms and Conditions. Recon Media will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
24.3. Recon Media and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Recon Media recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
25. Suspension and Termination
25.1. Suspension – At the sole option of Recon Media for any reason set forth herein or in the event that You breach any of Your obligations under these terms and conditions, or under the terms and conditions of any written contract or agreement between You and Recon Media, including, but not limited to the payment of fees terms or any violation of a Host’s Acceptable Use Policy or terms and conditions of use, Recon Media may suspend Your account by deactivating any access by You and/or by Web users to any information contained on the servers related to Your account while maintaining the information and data related to Your account upon such servers.
25.2. Suspension shall specifically include the disabling of Your hosted domain and/or any access to information or data related to Your account. Recon Media may, at its sole discretion, provide You with notification of such suspension. At Recon Media’s sole discretion, Recon Media may provide You with an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected as instructed by Recon Media, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension. Should any account require suspension, Recon Media will retain the right to recover from You costs, losses, damages, indemnity, defense costs, expert costs, reasonable collection costs and/or reasonable attorney’s fees or other costs of any kind as may be applicable under Indiana Law.
25.3. These terms and conditions shall remain in full force and effect until the business relationship between you and Recon Media is terminated, provided, however, that all terms and conditions relating to defense, indemnity, collection, and payment shall survive any such termination. Termination shall include, without limitation, the removal of any and all of Your information from Hosts’ servers. Such information or data may or may not be made available to You by Recon Media after any such termination. Termination of Your account is at the sole discretion of Recon Media and Your account may be immediately terminated in accordance with these terms and conditions, at any time with immediate effect.
25.4. Recon Media may, at its sole discretion, limit or deny access to Hosts’ servers, for any reason, including the blocking of certain ports and/or the denial of certain services, if, in the sole discretion of Recon Media, such limitations or denials of access are required to assure the security of the Hosts’ network, the integrity of the Hosts’ network structure, or to prevent damage to the Hosts’ network, the software or the data stored on such servers.
25.5. Should any account require termination, Recon Media will retain the right to recover from You losses, damages, indemnity, defense costs, expert costs, reasonable collection costs and/or reasonable attorney’s fees or other costs of any kind as may be applicable under Indiana Law.
26. Information Usage and Communications
26.1. You hereby consent and agree that any information Recon Media may collect from You and/or maintain with respect to You, including, but not limited to, Your account information, dates of service, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from Recon Media concerning You or Your account, or other information which in Recon Media’s sole judgment is reasonable, Recon Media may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Recon Media and may include, but shall not be limited to: (1) compliance with court order, subpoena or other request of any State or Federal government; (2) compliance with the Electronic Communications Decency Act; or (3) compliance with the Digital Millennium Copyright Act.
26.2. During and after the Term set forth herein, You agree to receive periodic emails from Recon Media in regards to Recon Media or partner products, services, Your account, and system conditions, terms and conditions changes, updates and/or schedules.
26.3. You agree during the Term set forth herein to maintain true and accurate account information on file with Recon Media, specifically including Your name, address, e-mail address, telephone number, billing information and any other account information requested at any time during the sign-up process. You further agree that the failure to provide or maintain such accurate information is a material breach of these terms and conditions and may subject Your account to suspension and/or termination.
27.1. Any notice under this agreement shall be given by Recon Media to You via E-mail at the address initially provided by You to Recon Media or as updated in writing by You to Recon Media. Notice to You at this address is deemed sufficient regardless of Your receipt of such an E-mail.
27.2. Any notice by You to Recon Media shall be made in writing and sent via United States Postal Service to the following address:
Recon Media, LLC
108 N Michigan St
Plymouth, IN 46563 USA
28. INFRINGEMENT POLICY
28.1. Recon Media, pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), and pursuant to any applicable regulations governing patents and/or trademarks, reserves the right to terminate Your account if Recon Media determines, in its sole discretion, that You are involved in infringing activity that may be in violation of the foregoing, including, without limitation, alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
29. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
29.1. It is Recon Media’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If You are a copyright owner or an agent thereof, and You believe that any content hosted by Recon Media infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). All claims of infringement must be submitted to Recon Media in a written complaint to the following address:
Recon Media, LLC
108 N Michigan St
Plymouth, IN 46563 USA
30. WARRANTIES AND LIMITATIONS
30.1. Recon Media makes every reasonable effort to maintain operation of the Recon Media Website service. However, because many events and circumstances are beyond the control of Recon Media, Recon Media does not in any way warrant or otherwise guarantee the availability of the Recon Media Website, system or Hosts’ servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues, whether due to the active or passive negligence of Recon Media.
30.2. The Recon Media service is provided to you on an “as is” basis and without any warranty of any kind, whether express or implied. Recon Media specifically disclaims any implied warranty of merchantability or fitness for a particular purpose.
30.3. In general, Recon Media has no control over information contained on the Internet. Information obtained by You from the Internet may be inaccurate, offensive or in some cases even illegal. Recon Media accepts no responsibility for any information which You receive, curate, access, or download from the Internet. You accept full responsibility to verify the truth and accuracy, legality, and ownership of the information that You obtain from the Internet, as well as the reputation of the individuals with whom You may deal. Recon Media provides no warranty, express or implied, for any goods or services which You obtain over the Internet, nor for the compatibility of any such services with the Recon Media system.
30.4. You specifically hereby waive any claim for damages or costs of any kind whatsoever, whether direct, indirect, special, exemplary, punitive, incidental or consequential, and including, without limitation, loss of profits or loss of business or business interruption as the result of any action taken in response to any claim of copyright infringement, without regard to whether or not the material claimed to have been infringing is later found to be infringing.
30.5. The total sole and exclusive remedy available to You as the result of any breach of these terms and conditions, negligence, or any action or failure to act by Recon Media, whether intentional or otherwise, shall be limited to the total amount of service fees paid by You to Recon Media in the three months immediately preceding any claim or allegation by you of entitlement to such remedy. In no event shall Recon Media be liable for any indirect, special, exemplary, punitive, incidental or consequential damages, loss of profits or loss of business or business interruption as the result of any such action or inaction without regard to the likelihood of any such damages.
31. THIRD PARTY LINKS
31.1. Recon Media may link to sites operated by third parties. Recon Media has no control over these linked sites which operate under their own terms and privacy policies. These sites are only for your convenience and should be accessed at your own risk.
32.1. You agree to fully defend, indemnify, and hold harmless Recon Media from and against any and all third party claims, causes of action, demands, costs, damages, including direct, indirect, or consequential damages, and specifically including reasonable attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid by Recon Media or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to Your use of the Recon Media website, Your website, Recon Media services, or any portion thereof. Choice of counsel remains exclusively that of Recon Media.
32.2. The agency is not liable for any loss that may occur before, during or after the development of projects undertaken. The agency will not be held responsible for any delays, errors or losses arising from any third party.
33. FORCE MAJEURE
33.1. Recon Media shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, flooding, tornado, earthquake, labor disputes and strikes, riots, war, acts of terrorism, governmental requirements, and/or any other matters beyond the control of Recon Media.
34.1. Your rights hereunder may be assigned only upon prior written notice by you to Recon Media and expressly approved in writing by Recon Media. Recon Media may assign its rights hereunder to any person or entity who shall become a principal owner or shareholder of Recon Media, or to any successor in interest. Any other attempted transfer or assignment of rights hereunder shall be null and void.
35.1. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision, and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
36. CHOICE OF LAW
36.1. This Agreement shall be interpreted under the laws of the State of Indiana without regard to any conflict of laws provisions. Any action between the parties to enforce these terms and conditions or to enforce any written contract or agreement between You and Recon Media shall be brought in the state courts of Indiana, County of Marshall. Both You and Recon Media hereby consent to jurisdiction in such courts, agree to accept service by mail, and hereby waive any defense of any kind related to jurisdiction or venue.
37. NO AGENCY
37.1. Notwithstanding any other provision of this agreement, Recon Media is not Your agent, partner, or joint venturer in any respect.
38.1. Recon Media may, without advance notice, amend these terms and conditions from time to time, and will do so by posting such amended terms and conditions on the Recon Media website. Each and every such amendment shall be become effective immediately upon such posting for all pre-existing and future accounts. These up-to-date terms and conditions may be found at the following link:
39.1. These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Recon Media reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
40. Acceptance of Terms and Conditions
40.1. The placement of an order for design and/or any other services offered by Recon Media, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at https://recon.media/terms and are the most up-to-date version of these terms and conditions.
40.2. An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Recon Media.