Terms of Service

eMagine Web Services, Inc.

Effective Date: July 12, 2026

Last Updated: July 12, 2026

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and eMagine Web Services, Inc. (“eMagine,” “we,” “us,” or “our”). By accessing our website, submitting an inquiry, or engaging our services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or organization, you represent that you have the authority to bind that entity.

2. Services

eMagine provides digital transformation, cloud infrastructure, business automation, decision intelligence, web design, branding, SEO, marketing, and AI-powered technology services (collectively, “Services”). The specific scope, deliverables, timeline, and pricing for any engagement are defined in a separate Statement of Work (“SOW”) or service agreement executed between eMagine and the Client. These Terms apply to all engagements unless otherwise superseded by a signed contract or SOW.

3. Inquiries and Discovery Process

Submitting a contact form or booking a discovery call does not constitute a binding service agreement. No work will commence and no fees will be incurred until both parties have executed a written agreement, SOW, or proposal.

4. Payment Terms

eMagine invoices clients directly for all services. Payment terms are outlined in the applicable SOW or proposal and may include:
  • A deposit or retainer required prior to project commencement
  • Milestone-based payments tied to project deliverables
  • Monthly retainer fees for ongoing managed services

All invoices are due within the timeframe specified in the applicable agreement. Late payments may result in a pause of services and may accrue interest as specified in the agreement.

We do not collect payments through our website. All transactions are conducted via invoice.

5. Intellectual Property and Ownership

Upon receipt of full payment for a project, all custom work product created by eMagine specifically for the Client — including website code, design assets, content, and configurations — becomes the property of the Client.

eMagine retains the right to:

  • Display completed work in our portfolio and marketing materials unless the Client requests confidentiality in writing
  • Reuse general methodologies, frameworks, and non-client-specific tools and processes Third-party tools, platforms, themes, plugins, or licensed software incorporated into a project remain subject to their respective third-party license agreements.

6. Client Responsibilities

To ensure successful project delivery, the Client agrees to:
  • Provide timely access to necessary accounts, assets, credentials, and stakeholders
  • Review and approve deliverables within agreed timelines
  • Provide accurate and complete information relevant to the project
  • Ensure that any content, materials, or assets provided to eMagine do not infringe on the intellectual property rights of any third party
Delays caused by the Client’s failure to fulfill these responsibilities may affect project timelines and are not the responsibility of eMagine.

7. Confidentiality

Both parties agree to keep confidential any non-public information shared during the course of an engagement, including business strategies, technical systems, pricing, and proprietary processes. This obligation survives the termination of any service agreement.

eMagine complies with applicable data security standards, including NIST and FedRAMP frameworks where required by government and enterprise contracts.

8. Warranties and Disclaimers

eMagine warrants that services will be performed in a professional and workmanlike manner consistent with industry standards.

We do not warrant that:

  • Our website will be uninterrupted, error-free, or free of viruses or harmful components
  • Results from our services will meet any specific performance benchmarks unless expressly stated in a signed agreement
  • Third-party tools and platforms integrated into your project will remain available, unchanged, or free of issues beyond our control
Our website and its content are provided “as is” without warranties of any kind, express or implied.

9. Limitation of Liability

To the fullest extent permitted by law, eMagine’s total liability to you for any claims arising out of or related to our services shall not exceed the total fees paid by you to eMagine in the three months preceding the claim.

In no event shall eMagine be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.

10. Termination

Either party may terminate a service engagement in accordance with the terms of the applicable SOW or service agreement. In the event of termination:
  • The Client is responsible for payment of all work completed through the termination date
  • eMagine will deliver all completed work product to the Client upon receipt of outstanding payment
  • Any deposit or retainer paid for work not yet commenced may be refundable at eMagine’s discretion as outlined in the applicable agreement

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or our services shall first be subject to good-faith negotiation between the parties. If unresolved, disputes shall be submitted to binding arbitration in Hillsborough County, Florida, in accordance with the rules of the American Arbitration Association.

12. Compliance and Certifications

eMagine Web Services, Inc. is a certified Minority Business Enterprise (MBE) and Disadvantaged Business Enterprise (DBE). We hold CAGE Code 8C3B5 and DUNS Number 117081783. We operate in compliance with applicable federal, state, and local regulations governing our services and procurement activities.

13. Changes to These Terms

We reserve the right to update these Terms at any time. Updated Terms will be posted on our website with a revised effective date. Continued use of our website or services after changes are posted constitutes acceptance of the updated Terms. For active client engagements, material changes will be communicated directly.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms, together with any executed SOW or service agreement, constitute the entire agreement between you and eMagine with respect to the subject matter herein and supersede all prior communications, representations, and agreements.

16. Contact Us

For questions about these Terms of Service, please contact:

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