- 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 this agreement, the client will have the ability to
add these pages on their own through the website administration tool that
is included with the website.
- Maintenance
and Retainer Rate. This
agreement includes unlimited email support for webpage questions for a one
month period. This maintenance
period commences upon completion of the project. Email support is for answering how-to
questions for the applications on your website.
- 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.
- 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.
- Warranties. 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.
- 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.
- 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.
- 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.
- Payment Agreement: Payments must be made promptly. Delinquent bills will be assessed a $35
charge if payment is not received within 14 days of the due date. If an
amount remains delinquent 30 days after its due date, an additional 5%
penalty will be added for each month of delinquency. 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. Regardless of the place of signing of
this agreement, the client agrees that for purposes of venue, this agreement
was entered into in Nassau County, New York, and any dispute will be
litigated or arbitrated in Nassau County, New York. Please pay on time.
- 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.
Continued services after that time will require a new agreement.
- Copyright
to Website. 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.
- Initial
Payment and Refund Policy. This agreement begins with a 50% deposit. If the client halts work and request
in writing a refund within 3 days of signing this agreement the deposit
will be refunded minus a $100 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.
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