Terms of Website Design, Hosting, Webmaster & Online Marketing Services
Authorization
The client is engaging JPG Designs as an independent contractor for the specific project of developing and/or improving a website to be installed on the client’s provided hosted account. The client hereby authorizes JPG Designs to access this account, and authorizes the Internet Service Provider to allow JPG Designs with “write permission” for the client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes JPG Designs to submit their completed website to Web search engines.
Web Hosting / Webmaster Services
We strongly suggest working with JPG Design for hosting / webmaster services, as this will create consistency for ongoing support. If the client does not sign up for website hosting/webmaster services, they will need to sign up for a separate hosting service. Additional migration fees and software license fees may apply, if not hosted with JPG. Each hosting / webmaster service plan includes up to a certain amount of hours each quarter, for general website support and updates. These hours must be used within the quarter, hours to not add up or stack up over time. If you did not use any web support time or very minimal time during the previous quarter, we will allow a one time rollover of hours from the previous quarter.
Changes to Submitted Text
Time required to make substantive changes to client-submitted text after the Web pages have been constructed will be additional, billed at a per instance basis.
Copyrights and Trademarks
The client represents to JPG Designs and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to JPG Designs for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend JPG Designs and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Copyright to Web Pages
While your site is in development JPG Designs owns the Copyright to all pages. Once your site is completed and you have paid the balance of your invoice the copyrights are then transferred to you. The only clause is that JPG Designs does not permit you to resell our work without consulting us first.
Assignment and Design of Project
JPG Designs reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. JPG Designs reserves the right to incorporate any pre developed themes and/or templates within the website to insure the right fit for the job as well as on-time completion. Client must sign off or agree by email on the website design to insure no more design changes need to be made before moving on to the content insertion phase of the project.
Post Placement Alterations
JPG Designs cannot accept responsibility for any alterations made by third parties to the client’s pages once placed. Such alterations include, but are not limited to, additions, modifications, or deletions.
Errors and Omissions
JPG Designs will use good faith to ensure pages authored by JPG Designs are free of errors however, JPG Designs may not be held responsible for any errors that may arise in the course of authoring any pages. JPG Designs does not accept any liability for losses or damages arising from errors within any page or if web search submissions are not accepted. It is the client’s responsibility to proof their own pages for errors and inform JPG Designs of those along with any changes in layout requested by the client. This process must begin immediately after the pages are posted to the web host for the client to view. JPG Designs will correct minor text changes at no charge for 30 days from the date the site is posted to the web hosts’ server. After 30 days, changes will be charged on a per instance basis.
Payment of Fees
Payment to JPG Designs is due and payable on the following schedule. 50% half upon agreement and 50% upon project completion. Advertising/submitting the pages to web search engines occur only after the final payment is made. All payments will be made in US funds. Payments must be made promptly. Delinquent bills will be assessed a $100 charge if payment is not received by the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. JPG Designs reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process (including all attorneys’ fees and court costs).
Cancellation
Either party may cancel this agreement upon written notification, however any charges incurred to the date of receipt of notification shall be immediately due and payable. Charges shall be for any work in progress, contracted services fees, or software purchases for the purpose to suit the client’s needs.
Legal Notice
Not withstanding anything to the contrary contained in this contract, neither JPG Designs nor any of its employees or agents warrants that the functions contained in this web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of this web design project is with the Client. In no event will JPG Designs be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service, virus and malware or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor’s computer or internet software, even if JPG Designs has been advised of the possibility of such damages.
Links
JPG Designs reserves the right to append a small hyperlink to JPG Designs home page at the bottom of each page unless the client specifically requests in writing, signed & dated by both parties.
Sole Agreement
The agreement contained in this document constitutes the sole agreement between JPG Designs the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.
Completion Date
JPG Designs and the client must work together to complete the website in a timely manner. If the client does not supply JPG Designs with website verbiage, imagery and/or content on all web pages contracted for within 8 weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete verbiage, imagery and/or content within 8 weeks after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is launched.
Initial Payment, Cancellation and Refund Policy:
If the client halts work after this agreement is signed the initial payment will be returned less the amount due based on the current hourly rate for the work completed, or $499.00, the greater of the two. Cancellation must be in writing and is effective upon receipt at JPG Designs. Notice must be mailed or e-mailed to JPG Designs. Work completed shall be billed the current hourly rate. If at the time of the cancellation work has been completed the client shall be liable to pay the entire contract.
The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications there to must be in writing and signed by both parties.
JPG Designs
785 Main Ave
Warwick, RI 02886
Phone: 401-737-9321
