Terms and Conditions

1. Who we are

Email: support@toweringmedia.com
Phone: (773) 466-2454

2. Website use

You may use the Site for lawful purposes only. You agree not to:

• Attempt to gain unauthorized access to the Site, related systems, or data
• Interfere with or disrupt the Site or its hosting infrastructure
• Scrape, harvest, or misuse content or contact forms in a way that harms us or others
• Misrepresent your identity or affiliation when contacting us

We may suspend or restrict access to the Site if we reasonably believe these Terms have been violated.

3. Services

Towering Media provides Magento / Adobe Commerce development, Hyvä storefront work, custom modules, migrations, hosting advisory, marketing/SEO services, and related consulting. Specific deliverables, timelines, fees, and acceptance criteria are set in a separate proposal, statement of work, order, or client agreement. If there is a conflict between these website Terms and a signed client agreement, the signed client agreement controls for that engagement.

4. Quotes, invoices, and payment

Quotes are estimates unless stated as fixed-fee. Invoices are due as stated on the invoice. Late or unpaid invoices may pause work. You are responsible for taxes applicable to your purchase unless we state otherwise in writing.

6. Intellectual property

Site content, branding, and our pre-existing tools remain our property. Work product we create for a client is owned as stated in that client’s agreement (often client-owned deliverables with our retained rights to general know-how, frameworks, and reusable modules). Our Magento extensions remain licensed, not sold, under the applicable license terms.

7. Client responsibilities

You must provide timely access, content, approvals, and accurate information needed for the work. Delays on your side may shift timelines. You are responsible for maintaining backups of your systems unless a written support plan says we manage backups.

8. Confidentiality

Each party will protect the other’s non-public business information and use it only for the engagement, except information that is public, independently developed, or required to be disclosed by law.

9. Warranties and disclaimers

The Site is provided “as is.” For paid services, we warrant that we will perform in a professional and workmanlike manner. Except as required by law or stated in a signed agreement, we disclaim all other warranties, including implied warranties of merchantability and fitness for a particular purpose.

Ecommerce platforms, payment gateways, hosting, and third-party extensions can fail or change. We are not liable for outages or losses caused by third-party providers outside our reasonable control.

10. Limitation of liability

To the maximum extent permitted by law, Towering Media’s total liability arising out of the Site or any engagement is limited to the fees you paid us for the specific services giving rise to the claim in the three (3) months before the claim. We are not liable for lost profits, lost data, or indirect, incidental, or consequential damages.

11. Indemnity

You agree to indemnify and hold Towering Media harmless from claims arising from your misuse of the Site, your store content, your customer data practices, or your breach of these Terms or applicable law, except to the extent caused by our willful misconduct.

12. Privacy

Our collection and use of personal information is described in our Privacy Policy.

13. Third-party links and tools

The Site may link to third-party sites or tools. We are not responsible for their content, policies, or availability.

14. Changes

We may update these Terms by posting a revised version on this page with an updated date. Continued use of the Site after changes means you accept the updated Terms. Material changes to an active paid engagement will be handled under that engagement’s agreement.

15. Governing law

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law rules. Courts in Cook County, Illinois have exclusive jurisdiction, unless a signed client agreement says otherwise.

16. Contact

Questions about these Terms: