Terms and Conditions
Effective Date: September 1, 2023
These Terms and Conditions ("Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Chiller Media ("Chiller Media," "we," "us," or "our"). By accessing and using the Chiller Media website ("Website") and engaging in our services, you agree to comply with and be bound by the following terms. Please read this Agreement carefully. If you do not agree to these Terms, you must discontinue the use of our services and website.
1. Overview of Chiller Media
Chiller Media is a digital design studio based in Honolulu, Hawaii, offering branding, web design, copywriting, photography, social media support, and creative direction services.
2. Website Information
The Chiller Media Website is accessible at www.chillermedia.co. All content on the Website is subject to these Terms and any applicable laws and regulations.
3. Services Offered
Chiller Media provides a range of creative services including, but not limited to, web design, branding, copywriting, photography, social media support, and creative direction. Services may be offered as customizable packages or individually, depending on the needs of the User.
4. Remote Operations
Chiller Media operates as a remote digital design studio. All services are provided online, allowing us to work with clients globally. While Chiller Media is based in Honolulu, Hawaii, services are not limited to this geographical location.
5. User Accounts
Chiller Media does not require the User to create an account to access or utilize our Website or services.
6. Payment and Invoicing
Payment Methods: Payment for services rendered shall be facilitated through the Stripe platform. We accept payments through ACH bank transfer, credit or debit card, Cash App Pay, bank wire transfer, Link payments, ACH direct debit, and WeChat Pay.
Deposit: A non-refundable deposit may be required before any project work commences. The specific deposit amount and conditions will be outlined in a separate agreement or invoice.
Final Payment: The remaining balance, if any, shall be payable in accordance with the payment terms outlined in the applicable invoice.
Refunds: Chiller Media reserves the right, at its sole discretion, to issue refunds or cancel payments made through Stripe, provided the payment is within the appropriate processing state.
7. Privacy Policy
These Terms are to be read in conjunction with our Privacy Policy, which outlines how we collect, use, and protect your personal information. By agreeing to these Terms, you also agree to the terms and conditions of the Privacy Policy.
8. Age Limitations
Our services and website are not intended for individuals under the age of 18. By using our services, you affirm that you are at least 18 years of age. Chiller Media assumes no responsibility for any individual using our services in contravention of this age restriction.
9. Content Ownership and Usage
Website Content: All content displayed on the Chiller Media Website, including text, images, graphics, and code, is the property of Chiller Media and is protected by copyright law. You may not copy, reproduce, modify, or distribute any content from the Website without express written permission from Chiller Media.
Client Content: For any work created by Chiller Media for a client, Chiller Media retains ownership until full payment has been received. Upon final payment, ownership rights of the specific content will transfer to the client.
10. Dispute Resolution
Informal Resolution: In the event of a dispute, the User is encouraged to contact Chiller Media directly to seek an informal resolution.
Arbitration: If a dispute cannot be resolved informally, Chiller Media may require any User located within the United States to submit the dispute to final and binding arbitration under the rules of the American Arbitration Association, to be held in the State of Hawaii, County of Honolulu, under Hawaii law.
Governing Law: This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of laws principles.
11. Jurisdiction
The User agrees that any legal action or proceeding related to the use of the Website or services shall be brought exclusively in the state and federal courts of Honolulu, Hawaii.
12. Termination
Chiller Media reserves the right to terminate your access to our Website and/or services at its sole discretion, at any time and for any reason, including but not limited to any unlawful or inappropriate use of our content or violation of these Terms. In the event of termination due to the User’s misconduct, no refunds will be issued.
13. Changes to Terms
Chiller Media reserves the right to modify or amend these Terms at any time. Notice of any changes will be posted on the Website for a period of no less than two (2) weeks prior to the effective date of the amended Terms. Your continued use of the Website and services after such amendments constitutes your acceptance of the revised Terms.
14. Limitation of Liability
To the fullest extent permitted by law, Chiller Media shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our services. Chiller Media's liability to the User shall in no case exceed the amount paid by the User for the specific services rendered.
15. Contact Information
For any questions, comments, or concerns regarding these Terms and Conditions, please contact us at hello@chillermedia.co.
