Last updated 10/12/09

Acceptance of Terms

By using this website and through your engagement with CIME4enterprises, inc. (including www.CIME4.com and its related pages and materials), you confirm your agreement to and acceptance of the following terms and conditions.

Copyright

The content of this website, including, without limitation, the text, images, photographs, video, audio, music and animations contained herein and their selection and arrangement, as well as any documents and software available on this site, are copyright 2007-2010 CIME4enterprises, inc. (“CIME4″). All rights reserved.

Trademarks

CIME4enterprises, inc., Green4wellness, one.smart.tech, Newmediajax, thoughtsense and Motipure Music & Media are all trademarks of  CIME4enterprises, inc. Other trademarks, product and service names, and logos contained herein and not belonging to  CIME4enterprises, inc. are trademarks of their respective owners.

Use of the Content

All information published on this website (“the content”) is provided for your personal, non-commercial use only. You may not reproduce, copy, modify, re-distribute, transmit, rent, lease or re-license any content contained on this site — and are granted no further rights or copyright, distribute or disseminate in any way without express permission from CIME4. In addition, the information on this website may not be used or published for your personal, non-commercial use, as a backup.

Consent to Use Electronic Records and Signatures

As part of your relationship with us, you are entitled by law to receive certain information “in writing.” The federal E-SIGN Act and certain state laws allow us to provide this information to you electronically, instead, with your prior consent. We also need your general consent to use electronic records and signatures in our relationship with you. So, before you obtain products or services electronically through CIME4enterprises services, you must review and consent to the terms outlined below.

Your consent to use electronic records and signatures; Privacy Policy. Estimates, Engagement Letters, Invoices, Disclosures, notices, records, and other information we provide to you may be in electronic form, at our sole option (“Electronic Records”). We may also use and obtain from you electronic signatures. However, we will continue to deliver your periodic account statements on paper unless either:

• we give you the option to receive electronic statements instead and you elect to do so,
• your paper statements are repeatedly returned to us as undeliverable and we elect, at our option, to attempt delivery to an electronic address, or
• when permitted by law, we tell you the statement will be delivered electronically at the time your account is created.

Changes

CIME4enterprises, inc. may make changes at any time to any information contained within this website, including these Terms and Conditions, without prior notice.

Performance

In no event shall CIME4enterprises, inc. nor its affiliates warrant that the information or materials contained within our site, or that access to our site, will be without interruption or free of errors.

Links to Other Sites

Any hyperlinks to third-party or sponsored websites available herein are not under the control of CIME4enterprises, inc., and CIME4enterprises, inc. takes no responsibility for nor makes any representation concerning the contents of or information contained in any linked site, its changes or updates, or the links from those sites to other sites. The fact that a link is provided is not an endorsement or authorization of a site or its owners, products or services – nor is it an implied affiliation or sponsorship.

Submissions

Unless otherwise notified in writing, CIME4enterprises, inc. will treat any communications, remarks, questions, requests, or suggestions as non-confidential — and CIME4enterprises, inc. will be entitled to use any such information or submissions for any commercial or other purpose whatsoever, without compensation to you or anyone making such a submission.

Disclaimer

The information published and all materials available on CIME4enterprises, inc.’s website are provided free of charge, as a courtesy to visitors, and as a general guide for informational purposes only. While CIME4enterprises, inc. makes every effort to ensure the information is accurate and up-to-date, there may at times be typographical or outdated information, or technical or factual inaccuracies, for which we apologize. The information on this website is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. No advice or information given by CIME4enterprises, inc., its affiliates or their respective employees shall create any warranty. The entire risk arising out of use of this information remains with you. In no event shall CIME4enterprises, inc. inc., CIME4enterprises, inc. USA inc. or their distributors or providers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use any of the information contained within this site, even if CIME4enterprises, inc. has been advised of the possibility of such damages.

Mandatory Indemnification

You shall indemnify and hold CIME4enterprises, its licensors, and each party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that access to the Service was unauthorized and such unauthorized access has caused harm to you or a third party; (ii) a claim alleging that use of the Customer Content infringes the rights of, or has caused harm to, a third party; (iii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iv) a claim arising from the breach by you of this Agreement, provided in any such case that GME (a) promptly gives you written notice of the
claim; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release CIME4enterprises of all liability and such settlement does not affect CIME4enterprises business or Services); (c) provide to you all available information and assistance; and (d) has not compromised or settled such claim.

CIME4enterprises shall indemnify and hold you and your parent organization, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Services directly infringe on a copyright, a U.S. patent issued as of the effective date of this Agreement, or a third party’s trademark; (ii) a claim, which if true, would constitute a violation by CIME4enterprises of its representations or warranties; or (iii) a claim arising from CIME4enterprises breach of this Agreement; provided that you (a) promptly give CIME4enterprises written notice of the claim; (b) give CIME4enterprises sole control of the claim’s defense and settlement (provided that CIME4enterprisesE may not settle or defend any claim unless it unconditionally releases you of all liability; (c) provide to CIME4enterprises all available information and assistance; and (d) have not compromised or settled such claim.

CIME4enterprises shall have no indemnification obligation and you shall indemnify CIME4enterprises pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Services with any of your products, services, hardware or business process(es).

Featured Property Placement (“FPP”) Services

If you have purchased FPP Services, you will be provided with a selection of website templates and tools
which will allow you to showcase your property listings, position and rotate listings and customize your photo gallery of listings with instant editing.

Intellectual Property Ownership

CIME4enterprises (and its licensors, where applicable) solely owns all rights, title and interest, including all related intellectual property rights, in and to the Services and related CIME4-provided Content (“Service Content”), and any suggestions, ideas, enhancements, requests, feedback, recommendations or other comments or information relating to the Service provided by you or any other party. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Service Content or intellectual property owned by CIME4enterprises, inc.

Rates & Engagement

While hourly rates are not the sole determinant of our fees, they are a major factor to which we refer in determining reasonable prices for our services. Our current hourly rates range from $75 per hour for phone consultations to $120 per hour for on-site consultations.  These fees are expected at time of service, when it is rendered.

Certain specialized work and that performed by ancillary members of our team may incur a different hourly rate or a flat project rate.  The overall objective of our pricing structure is to render services to you in the most efficient and cost-effective basis.  Hourly rate schedules are regularly reassessed and adjustments may be made depending on the scope and duration of the project.  You will receive notice of any adjustments to both hourly and flat rates in a timely manner.

To help us determine the value of our services, we ask each of our team members to maintain meticulous time records for each client and task. The time records are reviewed by the Project Manager assigned to your plan before an invoice or adjustment is ever rendered.

Projects. In regard to project fees; it is our policy to obtain 50% of a particular Phase of any project, prior to commencing work.  Complex plans may require multiple Phases for the entire project.

For Phases of projects that are estimated to take longer then one (1) month to execute, the remaining 50% will be paid in two equal payments; the first at mid-point of the Phase timeline and the remaining balance upon completion and delivery of the Phase.  We customarily request the 50% deposit in advance for the purpose of paying out-of-pocket costs.

Estimates. Any estimates of anticipated fees that we provide, are just that, estimates.  Due to the uncertainties involved in creating diverse projects and the possibility of changing parameters, estimates are only an approximation of potential fees.  Under no circumstances are such estimates a maximum or minimum fee quotation.  Our actual fees will be determined in accordance with the policies described above.

Account Management. If you have any questions regarding the foregoing or, at any time in the future are concerned about your account or the marketing and consulting services which have been rendered, please do not hesitate to contact us.  We welcome open and honest communication with our clients.

Payments & Billing

We expect payment at the time the service is rendered.  All invoices are net payment within 5 days of invoice.  Invoice constitutes a binding contract and must be accompanied with a  50%, non-refundable down payment prior to the start of a project.  Additional charges may be added to the final invoice based on scope and developing parameters of the project.

Retainers. In an effort to even-out remuneration, clients who have on-going projects will be asked to establish a retainer fee that is utilized and calculated on an on-going basis for recurring activity.

Fees and Charges

In addition to our fees for consulting services, we also charge separately for project fees, certain costs and expense disbursements, i.e., printing, videography, video editing, professional voice-overs, DVD production & duplication, specialty marketing items, copywriting, research & development, legal document filings; staff overtime when required by the client or the matter’s timing; and other costs and expenses incurred on your behalf.  You will always receive a detailed estimate of services and be expected to sign off on that quote prior to commencement of work.

Payment Arrangements. Unless alternative arrangements are made, all balances must be cleared when delivery is made.  Any balance past due more than thirty (30) days may result in discontinuation of on-going services and endanger any work on your behalf in the future. Also, the company may elect to initiate internal or external collection procedures.  If legal action is necessitated to collect delinquent fees, costs or disbursements owed this company, it is agreed that the company shall be entitled to an award of its reasonable attorneys’ fees so incurred through arbitration, trial and appeal of the proceeding.

It is expressly agreed that failure to comply with the financial terms of this engagement (as set forth above), or the existence of a disagreement or dispute between you and the company, may result in immediate severing of association with you.  Of course, you may terminate your relationship with the company anytime you wish, so long as all financial obligations to the company are satisfied.

Website Reinstatement Fee. You shall pay a $75.00 Reinstatement Fee if your website account isreactivated after being terminated for whatever reason. In addition, you must pay all past-due finance charges or past due balances before your account will be reactivated. CIME4enterprises further reserves the right to require the prepayment of finance charges in any amount that CIME4, in its sole discretion, deems sufficient as to reduce the risk of future nonpayment and/or any other breach.  Websites suspended and not reinstated within 30 days are removed from the Internet host computer.

Invoices. Should reminder invoices be necessary they will incur an additional $20.00 service fee. Any payments outstanding will accumulate a 5% per month charge.  Invoice constitutes a binding contract and must be accompanied with a 50% down payment prior to the start of a project. Additional charges may be added to the final invoice based on scope and developing parameters of the project.

Methods of Payment

Although we do accept PayPal payments, we do NOT accept eCheck payments through PayPal. This payment method may take up to 4-5 business days to complete successfully. Therefore, payments must be made using credit/debit card (Visa, Mastercard, American Express, or Discover).  All credit card transactions are secure and encrypted.  If you initiate an eCheck payment, it will be cancelled.  Other payment options are available.