Terms and Conditions


Description of Service
423 Media, Ltd., a media service firm located in Chattanooga, TN, providing several forms of media service including, but not limited to, web design, e-commerce design, web hosting, graphic design services, marketing services, small business consulting services, audio design services, video design services. As a client I agree to pay for all rendered services invoiced within the terms of the invoice. All credit card statements will read as from Wave - 423 Media.

Refund/Cancellation
All invoices paid by the client are NON-REFUNDABLE. Clients may at any time during the term of the project cancel in writing within 72 hours of the last invoice paid unless under a service contract; then the terms of the service contract supersede these terms and conditions. 

Hosting
By hiring 423 Media, Ltd. for web related and e-commerce services, clients agree to utilize our managed hosting services for a minimum of two years billed monthly or annually and scaled to meet traffic and site demands. As a client I agree to be billed monthly or annually for all hosting charges.

Force Majeure
423 Media, Ltd. shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. 

Limitation of Liability
The Client acknowledges and agrees that 423 Media, Ltd. will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether or not the Client has been advised or otherwise might have anticipated the possibility of such loss or damage.

No Guarantee
The client acknowledges and agrees that 423 Media, Ltd. cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised. 423 Media, Ltd. is not responsible for the management or strategy of the client's company or business affairs. 

Failure to Pay Invoice 
If payment in full of any invoice rendered by 423 Media is not made on or before the Due Date, a delayed-payment charge of the greater of one and one-half percent (1 & ½%) per Month or fifty dollars ($50.00) shall be assessed on all past due amounts, which delayed- payment charge shall become immediately due and payable to 423 Media as liquidated damages for failure to make prompt payment, and shall be reflected in the invoice for the following month. In addition to, and not in limitation of the foregoing, if payment in full of any invoice rendered by 423 Media is not made on or before the Due Date and such non-payment continues uncured for a period of thirty (30) days after written notice of such non-payment from 423 Media to the client, then 423 Media may in its sole and absolute discretion, cease all services, void all payment plans, and void all discounts until all invoices, delayed payment charges, and any other payments which have become due, are paid in full. No such cessation by 423 Media shall relieve the client from any of its obligations hereunder.

Legal
423 Media, Ltd. is a wholly-owned subsidiary of Messer Enterprises, LLC. All legal action shall be in accordance with the laws of the State of Tennessee.