General Contract Terms and Conditions
We’re so excited to work with you! Please review our Terms and Conditions below. These “rules” are meant to protect both you and us during our contractual agreement so we both know the parameters of the work to be completed. It’s just good business. If you have any questions or concerns at any time, please contact us. We are always here to help.
GENERAL WORKING AGREEMENT – This document defines the terms and conditions of the working relationship between Charles L. Boozer, owner of JAAC Inc. Web Design (hereinafter “JAAC Inc.”) and the Payer (hereinafter “CLIENT”).
All projects or services that JAAC Inc. may be contracted to produce or provide for CLIENT will be subject to the following:
PROPOSAL – Proposal is only an estimate and subject to change if modifications are made. Full payment is due before work can begin unless another agreement has been made. Under any given circumstances, this initial upfront payment is non-refundable.*
PAYMENT METHODS – Payments can be made by cash, cashier’s check, money orders, or by PayPal. We do not accept personal or business checks. We accept the following payment types via PayPal; MasterCard, Visa, American Express and Discover. Sign up for a Free PayPal account now by clicking here.
JAAC Inc. reserves the right to refuse completion or delivery of work until past due balances are paid. Balance must be paid in full within 3 business days upon CLIENT’S satisfactory approval that the project has been completed or there will be a 10% late payment fee assessed to the total final cost of the project. CLIENT’S website may not be published until balances are paid in full. Final payments that exceed 7 days will result in cancellation of services rendered. JAAC Inc. will begin work upon CLIENT’S approval of the quote when the payment is made in full. CLIENT’S approval (written or oral) will constitute a binding agreement between JAAC Inc. and CLIENT. NOTE: Client approvals via Emails, text messages and other forms of electronic communications also constitute a binding agreement between JAAC Inc. and CLIENT.
WORKING/BILLING PHASES – Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. If for any reason the project is canceled by the CLIENT, the initial upfront payment will not be refunded and any extra fees incurred must be paid in full immediately. If the designer is waiting on pertinent information required for the site (information, pictures, logos, graphics, approval on layout, etc.) from the CLIENT or third party hired by the CLIENT, and JAAC Inc. is unable to proceed with the project due to this nature within 14 days, the contract is VOID and payment will not be refunded, subject that JAAC Inc. makes reasonable efforts to follow up with the CLIENT to ensure that CLIENT is fully aware that JAAC Inc. is awaiting pertinent information from the CLIENT. Reasonable efforts include but are not limited to the following:
- Phone Call
- Text Message
OUT-OF-POCKET EXPENSES – Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, laminating, illustrations, separations, business card creation, software, or customized graphics. Expenses are itemized on each invoice. If a consultant or supervisory services are required in out-of-town locations, JAAC Inc. will bill lodgings, meals, entertainment, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates. JAAC Inc. will make reasonable efforts to inform CLIENT of anticipated out-of-pocket expenses beforehand when possible.
HOW CONTENT MAY BE SUBMITTED – All content including logo, photos, and text must be submitted electronically via Email (contact us for the correct email address). Text must be selectable as actual text rather than as flattened images. Both text and photos/graphics must be clearly labeled with the name of the page on which it will be displayed. Content may not be submitted via fax or paper copies. Exceptions to this policy must be approved in advance and will incur a surcharge.
HOW MUCH CONTENT MAY BE SUBMITTED PER PAGE – Due to webpage load time considerations and the flat rate charged for web pages, there is a limit on what can be included in a single webpage. A webpage can hold the equivalent of about 2 and ½ pages of the content that would typically fit on an 8 ½” x 11” piece of paper. If the content is straight text without any pictures, tables, graphs, etc., this equates to a maximum of 2000 words. If there are pictures, or tables, etc., then less text will fit. Additionally, a webpage may include up to a maximum of six photos on a page. A photo gallery page with limited text may contain up to 20 photos. If a CLIENT’S content does not fit within these parameters, one or more additional webpages should be purchased unless otherwise agreed upon.
REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by JAAC Inc. after a quote has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, JAAC Inc. will submit a proposal revision memo to the CLIENT, and a revised additional fee must be agreed to by both parties before further work proceeds. CLIENT is allowed up to 3 major revisions before additional charges for programming will be incurred at the rate specified herein unless otherwise agreed upon. Major revisions include any changes to the layout. The CLIENT is allowed a total of 5 minor revisions after the design have been approved or the theme has been installed unless otherwise agreed upon. If a situation occurs that the CLIENT has approved the layout and work is completed on the website, and then a major reconstruction is requested after a theme has been applied and programmed, the work requested will be quoted and charged accordingly. Minor revisions include changing written content, background color (background images are excluded from minor changes) or replacing pictures, and adding or deleting links. If the Client needs additional revisions, the cost is $29 / hour for minor revisions, and $39 / hour for major revisions, including, customizing plugins and changing themes. All revisions and other copy changes requested after mechanicals are completed and website is published are billed at our standard hourly rates of $49 per hour. CLIENT is responsible for testing every aspect of the website and carefully reviewing all works performed by JAAC Inc. JAAC Inc. is not responsible for revisions and alterations made by CLIENT after the project has been delivered and or published. CLIENT may request JAAC Inc. to provide ongoing support and consultation, which will be quoted accordingly.
TURNAROUND TIME – It is anticipated that a basic website (Home page plus up to 3 additional pages) will take up to 30 days to complete unless otherwise stated and agreed upon. Knowledge of your deadlines is essential to provide an accurate estimate. If a project date is moved up with late notice, a fee will be assessed to the final cost of the project. If the project needs to be completed within 2 weeks of signed contract, a 30% fee will be assessed to the final cost of the project. If the project needs to be completed within 1 week of signed contract, a 50% fee will be assessed to the final cost of the project.
NATURE OF COPY – CLIENT agrees to exercise due diligence in its direction to JAAC Inc. regarding the preparation of materials and must be able to substantiate all claims and representations. CLIENT is responsible for all trademarks, service mark, copyright and patent infringement clearances. CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials JAAC Inc. prepares.
ERRORS AND OMISSIONS – It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. JAAC Inc. is not liable for errors or omissions. CLIENT’S approval or that of an authorized representative is required on all mechanicals or projects prior to release to implementation. Please be sure to check all spelling and graphical errors on website.
HOSTING AND DOMAIN NAME REGISTRATION – JAAC Inc. will refer CLIENT to a selected hosting company. CLIENT will secure hosting account and domain name registration with the selected hosting company. If CLIENT already owns a domain name, JAAC Inc. will transfer to the selected hosting company. CLIENT will continue to be responsible for domain name registration fees. The hosting company will bill the CLIENT monthly, semi-annually, or annually at current rates unless another agreement is made. Failure to renew will result in the cancellation of CLIENT services.
RIGHTS OF OWNERSHIP – Once a website has been completed by JAAC Inc. and the total amount has been paid in full by the CLIENT, JAAC Inc. will release all usernames, passwords, files, content, and pictures to the CLIENT.
WEB DESIGN CREDIT – All JAAC Inc. custom web design clients will have a “This website was proudly built and developed by JAAC Inc. Web Design” link on their website in the footer of every page. This is non-negotiable. By hiring JAAC Inc. to work on the website, CLIENT agrees to this, and the CLIENT understands that this link may not be removed without the express written consent of JAAC Inc. CLIENT may pay JAAC Inc. a fee of $500 to have this link permanently removed. Should you have a new layout designed for your site by a company other than JAAC Inc., you may remove the credit from your website.
TERM AND TERMINATION – The term of this agreement will continue for work in progress until terminated by either JAAC Inc. or the CLIENT upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, JAAC Inc. will promptly do so, provided you hold us harmless for any cost incurred as a result and initial upfront payment will not be refunded. If a specific item is canceled after work is rendered, the CLIENT will still be responsible for costs specified on the quote. Upon termination of this agreement, JAAC Inc. will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold JAAC Inc. harmless for any loss or expense (including attorney’s fees) and agree to defend JAAC Inc. in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to ascertains made against CLIENT and any of its products and services arising from the publication of materials that JAAC Inc. prepares and you approve before publication.
PRODUCTION SCHEDULES – Production schedules will be established and adhered to by both CLIENT and JAAC Inc., provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the CLIENT or JAAC Inc. Where production schedules are not adhered to by the CLIENT, final delivery date or dates can be adjusted accordingly.
JAAC INC. OBLIGATIONS – JAAC Inc. shall perform and complete all tasks outlined in the Scope of Work section in the proposal. JAAC Inc. will promptly return CLIENT’S phone calls and respond to all Emails in a timely fashion. Before the website is published, JAAC Inc. shall allow CLIENT access to website software only during normal working hours for inspection, modifications, and maintenance. NOTE: JAAC Inc. is not responsible for any inadvertent disclosure of information which occurs in the ordinary transmission of information between JAAC Inc. and CLIENT, specifically during any required handling of the information by any third parties.
NO GUARANTEES – JAAC Inc. makes no representations or guarantees as to the amount of traffic to the CLIENT’S site or interest generated in the CLIENT’S site. JAAC Inc. makes no representations and does not guarantee an increase in CLIENT’S sales, nor does JAAC Inc. promise top listing in any search engine or directory. JAAC Inc. will use their best efforts to perform under the contract and makes no representation or guarantee that the site will be accessible by all browsers and operating systems.
ACCESSIBILITY, USABILITY, CROSS-PLATFORM ISSUES – JAAC Inc. will do their best to make sites as accessible, usable, and cross-platform as possible. CLIENT understands that some site features will cause a website to not meet these standards 100%. The CLIENT understands that no website will look and function identically all browsers and operating systems and that any attempt to do so is futile.
ONGOING MAINTENANCE AND SUPPORT – Are subject to the above Terms and Conditions and are paid on a yearly, monthly or hourly basis depending on the agreement details as stated in the original estimate(s).
SERVICE PLANS – CLIENT agrees to pay JAAC Inc. the aggregate monthly fee based on the service plan billing option selected. Payments are due on the 25th. of each month. Failure to pay invoices will result in service(s) being suspended. We will send out a payment reminder approximately 7 days after due date, and if payment is not received within 48 hours thereafter, your account will be terminated. There will be a $4.95 late fee assessed for payment received after the 25th. of each month.
CONSULTING – Advice provided by the JAAC Inc. is provided in good faith. Any CLIENT acting on the advice does so at the CLIENT’S own risk and agrees to indemnify JAAC Inc. against any damage or loss resulting from acting upon such advice.
THIRD PARTY VENDORS – Third party vendors may have separate terms of service agreements. JAAC Inc. cannot be held liable for disputes with third party vendors. JAAC Inc. cannot be held responsible for the lack of functionality or any other aspect of third party services.
CONFIDENTIALITY – JAAC Inc. understands that we will be working with confidential CLIENT information and will only release this information to parties directly involved in website creation. CLIENT authorizes JAAC Inc. to release information to third parties requiring access for site creation. This includes, but is not limited to, website and email address, user IDs, passwords, trade information, and banking information should the CLIENT request an online shopping cart. Upon website completion, CLIENT will change any banking passwords JAAC Inc. has had access to. If CLIENT chooses not to retain JAAC Inc. for ongoing maintenance and support, CLIENT will change cPanel, FTP, email, and any other passwords JAAC Inc. has had access to. CLIENT will hold JAAC Inc. harmless should breach of security occur if CLIENT has not changed business passwords.
ELECTRONIC COMMERCE LAWS – The CLIENT agrees that the CLIENT is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the web design project or any other services contemplated herein, and will hold harmless, protect, and defend Charles Boozer and JAAC Inc. and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the CLIENT’S exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
ADDITIONAL PROVISIONS – The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of Florida applicable to agreements entered into and performed in the State of Florida. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If JAAC Inc. must retain attorneys to collect our invoices, JAAC Inc. will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.
No provision of this Agreement may be waived, except by an agreement in writing by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other provision.
This Agreement shall be binding upon the parties, their successors, and assigns.
This Agreement may be amended, altered, or revoked at any time, in whole or in part, by the written agreement of the parties hereto.
Throughout this Agreement, the singular shall include the plural, the plural shall include the singular, and the masculine and neuter shall include the feminine, wherever the context so requires.
The headings of Paragraphs are included solely for the convenience of reference. If any conflict between the headings and the text of this Agreement exists, the text will control.
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect any other provision of this Agreement. On the contrary, such remaining provisions shall be fully severable, and this Agreement shall be construed and enforced as if such invalid provision had never been inserted in this Agreement.
Any changes made to JAAC Inc.’s Terms and Conditions will be posted on this page. Changes will be made without notice. It is the responsibility of the CLIENT to stay up-to-day with any changes made to JAAC Inc.’s Terms and Conditions.
You may contact us anytime. If there are any questions regarding our Terms and Conditions, please contact us at any time.