Terms and Conditions
The following terms and conditions apply to all services provided by JCM Website Design.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quotation then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of services by JCM implies that you have read and accepted our terms and conditions.
Charges for services to be provided by JCM are defined in the quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days and JCM reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total is due upon completion of the work.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Joanne Mountcastle and sent to 5 Rose Bank, Burley in Wharfedale, LS29 7PQ. Bank details will be made available on invoices.
3. Client Review
JCM will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies JCM otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Usual turnaround time is 2-3 weeks for the first draft. The Client reviews the first draft and the issues feedback and amendments were appropriate and the website becomes live when the Client has approved the design.
During the project, JCM will require the Client to provide relevent website content; text, images, movies and sound files.
5. Failure to provide required website content:
JCM is a small business and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
We ask that you provide all the required information for your website in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date your self.
Invoices will be provided by JCM upon completion but before publishing the live website. Invoices are sent via email and are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed and a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
7. Additional Expenses
The Client agrees to reimburse JCM for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
JCM makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that JCM cannot guarantee correct functionality with all browser software across different operating systems.
JCM cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, JCM reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Termination of services by the Client must be requested in a written notice with one month’s notice. If a Client wishes to move their website files an admin charge of £45 will be charged and files will be released once the fee has been paid.
All JCM’s services may be used for lawful purposes only. You agree to indemnify and hold JCM harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants JCM the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting JCM permission and rights for use of the same and agrees to indemnify and hold harmless JCM from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to JCM that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
12. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on a memory stick or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .jpeg or .png format. Although every reasonable attempt shall be made by JCM to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
13. Design Credit
A link to JCM will appear in small type at the bottom of the Client’s website. If a client requests that the design credit be removed, a nominal fee of £200 will be applied. The Client also agrees that the website developed for the Client may be presented in JCM’s portfolio.
14. Access Requirements
If the Client’s website is to be installed on a third-party server, JCM must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
15. Post-Placement Alterations
JCM cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
16. Domain Names
JCM may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of JCM. The Client will receive an invoice approximately 30 days prior to the renewal date which must be paid before the renewal date. At least 30 days notice before a renewal date must be given if the Client no longer wishes to own their domain name. If not, the Client will still be liable for the renewal fees.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
18. Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. JCM will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
19. Governing Law
This Agreement shall be governed by English Law.
JCM hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of JCM to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.