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Friday, Sep 03 2010

JGJ Consulting Terms & Conditions

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  1. Website Content. The content of the web pages will be supplied by the Client. Writing content for a Client website is not a part of this agreement and requires a separate agreement if this service is desired. If the Client needs additional web pages beyond the original number specified in the agreed upon proposal, an amended agreement will created to include the extra pages. Additional costs may apply and will be specified in the amended agreement.

  2. Website Maintenance. This agreement includes limited email support for a 30 day period. The email support period begins on the day Client’s website goes live. Email support includes answering how-to questions and troubleshooting website issues. Email support does not include adding or editing website content; nor does it include installation and upgrade of website applications. If you require additional support after the 30 day period, contact JGJ Consulting for support retainer rates for your website. This agreement also includes 90 day access to our online and video tutorials.

  3. Web Hosting. If the Client chooses to host their website with a third party company the Client agrees to select a web hosting company which allows JGJ Consulting full access to the website via FTP and has a Linux platform with Apache, MySQL and PHP included in the hosting environment. The client agrees to provide JGJ Consulting with the necessary login credentials to upload the client's website when the project is complete.

  4. Assignment of Project. JGJ Consulting reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion.

  5. Warranties. JGJ Consulting will deliver a live website (i.e., a website that is visible and operational on the internet and on your domain) with the capabilities and functionality detailed above in the Website Development Plan. JGJ Consulting makes no warranties, expressed or implied, including but not limited to merchantability and fitness of the website developed for a particular purpose or that the website developed will produce any specified results for Client. JGJ Consulting does not warrant that the operation of the web pages will be uninterrupted or error-free. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

  6. Third Party Recommendations. JGJ Consulting makes no warranties or guarantees, expressed or implied, of the efficacy of third party products, software or services that may be suggested or used.

  7. Limitation of Liability/Limitation of Actions. JGJ Consulting shall not be liable for anticipated profits or for incidental or consequential damages. Client is responsible for their own results. The entire risk as to the quality and performance of the web pages and website is with client. In no event will JGJ Consulting be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website.

  8. Copyrights and Trademarks. The client represents to JGJ Consulting and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to JGJ Consulting 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 JGJ Consulting and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

  9. Website Ownership. Upon approval and final payment of the completed website, client will own all rights to the final website, code, logos and custom graphics on the website, except where copyrights are owned by a third party and the client has permission from the rightful owner to use these elements. JGJ Consulting reserves the right to post a screenshot and description of your website in our portfolio.

  10. Payment Agreement. Payments must be made promptly. JGJ Consulting 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. This agreement becomes effective only when signed by JGJ Consulting.

  11. Payment Terms. Fees to JGJ Consulting are due and payable on the following terms: A 50% deposit is due upon signing this agreement. The balance is due when the website setup is complete. In case the Client has not completed the website content by the time the website setup is complete, the Client has 30 days to submit their content, otherwise final payment is due even if all the content has not been submitted.

  12. Sole Agreement. This document constitutes the sole agreement between JGJ Consulting and the Client regarding this website. Any additional work not specified in this agreement must be authorized by a written change order. All price specified in this agreement will be honored for 30 days after both parties sign this agreement. Changes to the agreed upon terms may incur additional charges and will require an amended agreement. Payment to JGJ Consulting made in lieu of signature of this agreement constitute acceptance of this terms of agreement.

  13. Refund Policy. If the Client halts work and request in writing a refund within 2 days of signing this agreement the deposit will be refunded minus a $50 administration fee. If at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the Client shall be liable to pay for all work completed.

  14. Certified Productive Environment Specialist Websites. JGJ Consulting reserves the right to remove any website pages pertaining to Barbara Hemphill and the Productive Environment Institute’s registered and trademarked scorecards, processes and services if the Client has not renewed their Certified Productive Environment Specialist certification.
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