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Terms of Service
Client Information:Authorization. You (hereinafter referred to as "Client") are engaging Jackie O’Neill of JON Web Designs.com. (Hereinafter referred
to as "JON Web Designs"), as an independent contractor for the specific purpose of designing, re-designing or editing a web site
(hereinafter referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider (ISP)/Web
Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service", or provided as a zip file or on CD at the Client's option.
The Client hereby authorizes JON Web Designs to access this account, and authorizes the Hosting Service to provide JON Web
Designs with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part
of the Client's service agreement/level. The Client also authorizes JON Web Designs to submit the completed Web Design Project to
major Web Search Engines.
Development. JON Web Designs performs freelance/contractor work remotely from a home office. JON Web Designs is fully
skilled to perform the project work and has the adequate skills to perform web design work. Browser Compatibility - JON Web
Designs represents and warrants that the web site we design for you will work in: • Microsoft® Internet Explorer versions 3 and up
and Netscape Navigator/Communicator version 3 and up While JON Web Designs will make reasonable efforts to design a fully-
functional web site, JON Web Designs' warrantee does not cover AOL, text-based browsers or requested special effects that we have
advise you against.
Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks,
or other artwork furnished to JON Web Designs for inclusion in the Web Design Project 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, indemnify and defend Jackie O’Neill
and JON Web Designs and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit,
threatened or actual, arising from the use of such elements furnished by the Client.
Web Site Maintenance. This agreement allows for minor web site maintenance to pages over a 1 month period, up to an average of
one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include
replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation
structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via zip file. The period of 1 month
begins on the date the Client's web design site is available to be published to Client's hosting service or 30 days from the date this
agreement was accepted online, which ever comes first. If the Client's web design package includes database access using Active
Server Pages (ASP), then very minor page code changes will be accepted under this web site maintenance plan, major page code
and/or database structural changes will be charged at then hourly rates. If new requests are added or more designs are requested then
this project may need a new quote and may take longer to complete or cost client more.
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
Jackie O’Neill and JON Web Designs 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.
Web Design Project Copyright. The Client will be assigned rights to use the Web Design Project as a web site, once final payment
under this agreement and any additional charges incurred have been paid. Rights to actual computer programs, software applications
used and source code are specifically not transferred to the Client, and remain the property of their respective owners. JON Web
Designs retains the right to display a sample of clients Web design elements as examples of JON Web Designs’ portfolio. All Web
Design Projects will have a small text link to JON Web Designs' Design Services Web Site at the bottom of the webpage.
Completion Date. JON Web Designs and the Client must work together to complete the Web Design Project in a timely manner.
We agree to work expeditiously to complete the Web Design Project no later than 90 days after Client has submitted all necessary
materials. If the Client does not supply JON Web Designs with complete text and graphics content for this Web Design Project within
45 days of the effective date this agreement, the entire deposit amount of the agreement shall be retained by JON Web Designs as
liquidated damages and the contract shall become null and void, at JON Web Designs' option, unless the Web Design Project is
cancelled in writing by the Client prior to 45 days of the effective date of the agreement.
Project Delivery. The final web site design project will be published to the Client's hosting service upon receipt of final payment or
delivered via CD by mail or email in a ZIP file upon the receipt of full payment. The Client understands that JON Web Designs does
not provide any hosting services in connection with this Web Design Project unless offered within the quote.
Payments. Payments must be made promptly based on the terms of the Web Site Design Project Quote which is provided to client
via email link. JON Web Designs reserves the right to remove any Web Design Project from viewing on the Internet until final payment
is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by
that process. This agreement becomes effective only when quote has been accepted by client and client pays initial deposit. The Client
agrees that for purposes of venue, this agreement was entered into in Brick, New Jersey, and any dispute will be litigated or arbitrated
in Ocean County, New Jersey, and the Client hereby consents to the personal jurisdiction of the New Jersey State Courts. Furthermore,
the Client waives any right to or claim of sovereign immunity.
Payment Schedule. JON Web Designs requires a deposit up front and then the balance is due just prior to project completion or
posting live to the web. Upfront deposit is determined per project; client deposit amount will be shown when quoting for the project.
JON Web Designs accepts regular checks & money orders via mail. By making a deposit you are accepting JON Web Designs’ quote
and the agreement terms on this page. All amounts must be in U.S. Dollars. On some occasions a payment plan on the balance due may
be accepted by JON Web Designs but must be requested by client prior to project acceptance and start and must be confirmed and
arranged by JON Web Designs prior to start of project.
Refunds. If you make a deposit payment and then cancel the project before JON Web Designs begins working on your project then
JON Web Designs will refund your deposit via paypal.com payment within 60 days. Deposits are non refundable once the project has
started or is in progress.
Web Hosting. Client can choose to host website with JON Web Designs or with another Hosting service.
Search Engines. JON Web Designs does not guarantee where the clients' website ranks in search engines and directories.
Assignment of Web Design Project. JON Web Designs reserves the right, and you hereby agree, to assign subcontractors to this
Web Design Project to insure that the terms of this agreement are met as well as on-time completion.
Accessibility and Validation. JON Web Designs develops web site and web pages so the content and functions built into the
web site are available to the majority of visitors. JON Web Designs does not guarantee the sites to be error free or to pass any 3rd
party validation or disability compliance check tools. If Client needs the web site coding to pass W3C or Disability complains and
validations the client must request to JON Web Designs that disability compliance or validation coding be including in the quotation as
an add-on service.
Teaching. While JON Web Designs does advise client in the web design project, it is not JON Web Designs’ responsibility to teach
the client about web design and development techniques, practices or coding.
Legal Notice. Not withstanding anything to the contrary contained in this contract, neither JON Web Designs nor any of its
employees or agents warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire
risk as to the quality and performance of the Web Design Project is with the Client. In no event will Jackie O’Neill and/or JON Web
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 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 JON Web Designs has been advised of the possibility of such damages.
Indemnification. The Client shall indemnify JON Web Designs and Jackie O’Neill against and hold JON Web Designs and Jackie
O’Neill harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities including attorney's fees,
claimed by any person, organization, association or otherwise arising out of, or relating to, the web pages and the web sites creation or
hosting, use, possession, operation and/or condition. The provisions of this paragraph shall survive the termination of this agreement and
terms of service.
This Agreement. This agreement constitutes the sole agreement between JON Web Designs and the Client regarding this Web
Design Project. Any additional work not specified in the quote or any other amendment or modification to this contract must be
authorized by a written request signed by both Client and JON Web Designs.
This Agreement constitutes the entire understanding of the parties.
