General Contract Terms and Conditions for JAAC Inc. Web Solutions
All projects executed by JAAC Inc. Web Solutions are encompassed by these Terms and Conditions.
GENERAL WORKING AGREEMENT – This agreement outlines the terms and conditions governing the working relationship between Charles L. Boozer, the proprietor of JAAC Inc. Web Solutions (referred to as “JAAC INC.”), and the Payer (referred to as “CLIENT”).
All projects or services that JAAC INC. may undertake for CLIENT will be governed by the following terms:
PROPOSAL – The proposal serves as an estimate and is subject to change if modifications are requested. Full payment is required prior to commencing the work unless an alternative arrangement has been agreed upon. It is important to note that the initial upfront payment is non-refundable under any circumstances.
We offer multiple payment methods for your convenience. You can make payments in cash, through Cash App ($JAACInc), or via PayPal. When using PayPal, we accept payment types such as MasterCard, Visa, American Express, and Discover. Please note that personal or business checks, money orders, and cashier’s checks are not accepted.
In order to ensure the timely completion and delivery of work, we kindly request that past-due balances be settled. The balance must be paid in full within 3 business days after you have approved the completion of the project to your satisfaction. Failure to do so will result in a 10% late payment fee added to the total final cost of the project. Additionally, please note that the website will not be published until all balances are paid in full.
If final payments exceed 7 days, our services will be canceled. We will commence work on your project once you have approved the written quote and made full payment. Please be aware that your approval, whether written or oral, will serve as a binding agreement between JAAC INC. and CLIENT. It is important to note that client approvals through emails, text messages, and other electronic communications also constitute a binding agreement between JAAC INC. and the CLIENT.
WORKING/BILLING PHASES – Sometimes, changes in concept, extensive alterations, or a shift in marketing objectives can make it difficult to accurately predict the total cost of a project in advance. In the event that a project is canceled by the CLIENT for any reason, the initial upfront payment will not be refunded, and any additional fees incurred must be paid in full immediately. If the designer is waiting for essential information required for the site (such as information, pictures, logos, graphics, approval on layout, etc.) from the CLIENT or a third party hired by the CLIENT, and JAAC INC. is unable to proceed with the project due to this delay within 14 days, the contract becomes void and payment will not be refunded. However, JAAC INC. will make reasonable efforts to communicate with the CLIENT and ensure that they are fully aware of the need for the information. Reasonable efforts may include phone calls, text messages, and emails.
OUT-OF-POCKET EXPENSES – The fees for professional services provided by JAAC INC. do not cover external purchases such as printing, photography, color printouts, laminating, illustrations, separations, business card creation, or customized graphics. These expenses will be itemized on each invoice. If consultant or supervisory services are required in locations outside of town, JAAC INC. will charge the CLIENT for lodgings, meals, and transportation at cost. Reimbursement for mileage will be calculated based on the current allowable rates. JAAC INC. will make reasonable efforts to inform the CLIENT in advance about anticipated out-of-pocket expenses whenever possible.
REVISIONS AND ALTERATIONS – Any new work requested by the CLIENT and carried out by JAAC INC. after the approval of a quote is considered a revision or alteration. In the event that the job undergoes changes that significantly modify the specifications outlined in the original estimate, JAAC INC. will present a proposal revision memo to the CLIENT. Both parties must agree to a revised additional fee before any further work can proceed. The CLIENT is permitted a maximum of 3 major revisions, as long as they adhere to the programming charges specified herein unless otherwise agreed upon. Major revisions encompass any modifications to the layout. Additionally, the CLIENT is allowed a total of 3 minor revisions after the approval of the design or selection of the theme, unless otherwise agreed upon. However, if the CLIENT approves the layout and the website is completed and subsequently requests a major reconstruction after a theme has been applied and programmed, the requested work will be quoted and charged accordingly. Minor revisions include changes to written content, background color (excluding background images), picture replacements, and the addition or deletion of links. If the Client requires further revisions, the cost will be $29 per hour for minor revisions and $49 per hour for major revisions, which includes plugins and theme changes. All revisions and other copy changes requested after the completion of mechanicals and the publication of the website will be billed at the standard hourly rate of $69 per hour. It is the responsibility of the CLIENT to thoroughly test every aspect of the website and carefully review all work performed by JAAC INC. JAAC INC. cannot be held accountable for any revisions or alterations made by the CLIENT after the project has been delivered and/or published. If the CLIENT wishes, they may request JAAC INC. to manage their Website, and a corresponding quote will be provided.
TURNAROUND TIME – The completion of a basic Website, comprising of 3 to 4 webpages, is anticipated to require approximately 30 days (equivalent to around 4 and a half weeks) unless otherwise specified and agreed upon. For larger and more intricate websites, the estimated timeframe is expected to be around 120 to 180 days (equivalent to approximately 16 to 24 weeks) unless otherwise specified and agreed upon. It is of utmost importance for JAAC INC. to be informed about the CLIENT’S deadlines so that we can provide an accurate estimation. If the project deadline is rescheduled with insufficient notice, a 20% fee will be added to the final project cost. Additionally, if the project needs to be completed within 2 weeks of the signed contract, a 30% fee will be applied to the final project cost.
NATURE OF COPY – CLIENT must exercise due diligence in providing us with clear instructions for the preparation of materials and must be able to provide evidence for all claims and representations. CLIENT holds the responsibility for obtaining all necessary clearances for trademarks, service marks, copyright, and patent infringement. Additionally, CLIENT is accountable for arranging any required legal clearances for materials prepared by JAAC INC. prior to publication.
ERRORS AND OMISSIONS – The CLIENT bears the responsibility of thoroughly examining proofs for accuracy in all aspects, including spelling and technical illustrations. JAAC INC. cannot be held accountable for any errors or omissions. Prior to implementation, the approval of the CLIENT or an authorized representative is mandatory for all mechanicals or projects. Kindly ensure to meticulously review all spelling and graphical errors on the website.
HOSTING AND DOMAIN NAME REGISTRATION – JAAC Inc. Web Solutions assumes the role of an exclusive hosting provider. Under the purview of this arrangement, CLIENT is entrusted with the acquisition of their domain, coupled with the responsibility of securing hosting services through JAAC INC. In cases where the CLIENT possesses an existing domain, JAAC INC. facilitates a seamless transfer to JAAC INC’s hosting platform. CLIENT is expressly accountable for the financial obligations associated with domain registration fees, systematically billed by the domain name company on an agreed-upon periodic basis—be it monthly, semi-annually, or annually. The vital significance of adhering to timely renewals is underscored, as any lapse may precipitate the cessation of services. For all matters pertaining to hosting and domain affairs, CLIENT is encouraged to engage with the JAAC INC. team for guidance and assistance.
RIGHTS OF OWNERSHIP – Upon completion of a website by JAAC INC. and full payment by the CLIENT, all usernames, passwords, files, content, and pictures will be transferred to the CLIENT.
ATTRIBUTION LINKS – JAAC INC. retains the right to include an attribution link in the footer of the CLIENT’S website. The CLIENT is required to maintain the attribution links and wording as provided. In the event that the attribution links are removed without the knowledge of JAAC INC., a fee of $500 will be charged to the Client and must be paid immediately, unless otherwise agreed upon prior to the website’s publication.
RIGHTS TO DISPLAY AND PUBLICIZE WORK – JAAC INC. retains the right to showcase various elements of our creative process, encompassing preliminary sketches, ongoing design drafts, and the finalized project, in our portfolio. This may extend to presentations on websites, features in magazine articles and books, across diverse social media channels, and in advertisements, or through any means that serves the interests of JAAC INC. This provision allows us to exhibit our expertise and highlight the collaborative efforts between JAAC INC. and our valued clients.
TERM AND TERMINATION – This agreement will remain in effect until either JAAC INC or the CLIENT terminates it with a written notice of thirty (30) days. If you instruct us to cancel, terminate, or temporarily suspend any previously authorized purchase, JAAC INC will promptly comply, provided that you hold us harmless for any resulting costs and the initial upfront payment will not be refunded. If a specific item is canceled after work has been completed, the CLIENT will still be responsible for the costs specified in the quote. Upon termination of this agreement, JAAC INC will transfer all property and materials under our control and for which you have made payment to the CLIENT. The CLIENT agrees to indemnify and hold JAAC INC harmless for any loss or expense, including attorney’s fees and agrees to defend JAAC INC in any actual lawsuit, claim, or action arising from our working relationship. This includes any claims made against the CLIENT or its products and services resulting from the publication of materials prepared by JAAC INC and approved by the CLIENT before publication.
PRODUCTION SCHEDULES – Both CLIENT and JAAC INC. will establish and follow production schedules, with the understanding that neither party will be held responsible for any liability, penalty, or additional expenses resulting from delays caused by circumstances such as war, riot, civil disorder, fire, labor disputes or strikes, accidents, power outages, equipment failures, delays in shipment by suppliers or carriers, government actions or directives, acts of nature, or any other factors beyond the control of either the CLIENT or JAAC INC. In cases where the CLIENT deviates from the agreed production schedules, the final delivery date or dates may be adjusted accordingly.
JAAC INC.’S RESPONSIBILITIES – JAAC INC. is committed to performing and completing all tasks outlined in the SCOPE OF WORK section of the WEBSITE DEVELOPMENT PROPOSAL and the WEBSITE MANAGEMENT PROPOSAL. JAAC INC. will promptly respond to CLIENT’S phone calls and Emails in a timely manner. Prior to the website being published, JAAC INC. will grant CLIENT access to the website software during normal working hours for inspection, modifications, and maintenance. It is important to note that JAAC INC. cannot be held responsible for any unintentional disclosure of information that may occur during the ordinary transmission of information between JAAC INC. and CLIENT, particularly when handled by third parties.
NO GUARANTEES – JAAC INC. does not provide any assurances or guarantees regarding the level of traffic or interest generated on the CLIENT’S site. Additionally, JAAC INC. does not guarantee an increase in the CLIENT’S sales, nor does it promise a top listing on any search engine or directory. While JAAC INC. will make every effort to fulfill its obligations under the contract, it cannot guarantee that the site will be accessible on all browsers and operating systems.
ACCESSIBILITY, USABILITY, CROSS-PLATFORM ISSUES – JAAC INC. is committed to ensuring accessibility, usability, and cross-platform compatibility for websites. We strive to make sites as accessible, usable, and cross-platform as possible. However, it is important for our clients to understand that certain site features may prevent a website from meeting these standards completely. We acknowledge that no website can appear and function exactly the same across all browsers and operating systems, and any endeavor to achieve this is impractical.
WEBSITE MANAGEMENT – Website management encompasses various tasks but does not involve creating new websites or sub-domains, adding extra webpages, customizing third-party software, or writing content. The duration of website management contracts is typically 30 days (approximately 4 and a half weeks) for a maximum of 8 hours or 365 days (around 52.1 weeks) for a maximum of 96 hours unless otherwise agreed upon. These hours are meant to be evenly distributed throughout the contract period and are subject to JAAC INC.’s availability. Unused hours do not carry over to the next month or contract period. Any hours exceeding the allotted amount will be invoiced at a rate of $69 per hour. Payment for the upcoming month’s services must be made in full by the 25th of each month. Failure to do so will result in immediate termination of services. To provide maintenance, JAAC INC. will require the CLIENT’S WordPress username and password.
CONSULTING – The advice provided by JAAC INC. in the field of consulting is given in good faith. If any CLIENT decides to act upon this advice, they do so at their own risk and agree to compensate JAAC INC. for any damage or loss that may arise from following such advice.
CONFIDENTIALITY – JAAC INC. acknowledges the importance of maintaining the confidentiality of CLIENT information. They will only disclose this information to parties directly involved in the creation of the website. CLIENT grants JAAC INC. permission to share information with third parties who require access for the purpose of site creation. This may include website and email address userids and passwords, trade information, and banking details if online shopping is requested by the CLIENT. Once the website is completed, CLIENT will change any banking passwords that JAAC INC. had access to. In the event that CLIENT decides not to continue using JAAC INC. for website management, CLIENT will change all passwords, including FTP, email, and any others that JAAC INC. had access to. CLIENT agrees to hold JAAC INC. harmless in the event of a security breach if CLIENT has not changed their business passwords.
SUBCONTRACTING ACKNOWLEDGMENT AND CONSENT CLAUSE – CLIENT acknowledges and agrees that JAAC INC. maintains the authority to subcontract any portion of the project specified in the agreement, either partially or entirely. This subcontracting may involve the involvement of third-party contractors, vendors, or service providers, among other possibilities. The CLIENT also comprehends that JAAC INC. will carefully select subcontractors and will bear complete responsibility for overseeing and finalizing the project. This clause is an essential component of the agreement, and the CLIENT hereby grants consent to these subcontracting arrangements.
ELECTRONIC COMMERCE LAWS – The CLIENT acknowledges their sole responsibility for adhering to all relevant laws, taxes, and tariffs pertaining to the Web Design Project or any other services mentioned herein. Furthermore, the CLIENT agrees to indemnify, safeguard, and defend Charles Boozer and JAAC INC. and its subcontractors against any claims, lawsuits, penalties, taxes, fines, or tariffs resulting from the CLIENT’S engagement in electronic commerce on the Internet and/or any failure to comply with said laws, taxes, and tariffs.
ADDITIONAL PROVISIONS – The legality and enforceability of this contract shall be construed in accordance with the laws of the State of Florida that are applicable to agreements made and executed within the State of Florida. This contract represents our complete understanding and shall not be altered in any way except through a duly executed agreement. In the event that JAAC INC. is compelled to engage legal counsel to recover outstanding invoices, JAAC INC. shall be entitled to reasonable attorney’s fees, court expenses, and interest at the highest rate allowed by law.
Any waiver of a provision in this Agreement must be made in writing by the party waiving it. Waiving one term or provision does not mean that any other provision is waived.
The parties, their successors, and assigns are bound by this Agreement.
The parties may amend, alter, or revoke this Agreement, either in whole or in part, by a written agreement.
In this Agreement, the singular includes the plural, the plural includes the singular, and the masculine and neuter includes the feminine, as required by the context.
The headings of Paragraphs are provided for convenience only. In case of any conflict between the headings and the text of this Agreement, the text will prevail.
In the event that any provision of this Agreement is deemed invalid by a court of competent jurisdiction, such invalidity shall not impact the validity of any other provision within this Agreement. Conversely, the remaining provisions shall remain fully separable, and this Agreement shall be interpreted and enforced as if the invalid provision had never been included.
Kindly note that any revisions to JAAC INC’S TERMS AND CONDITIONS will be posted on our website. These updates will be applied without prior notification. It is the CLIENT’s responsibility to remain informed about any modifications made to JAAC INC’S TERMS AND CONDITIONS.
If you have any inquiries regarding our Terms and Conditions, please do not hesitate to contact us.