Jackson’s Web Design Services Terms & Conditions

• Parties. This agreement is between Jackson’s Web Design Services(JWDS) and the (CLIENT).

• Right of Refusal. JWDS has the right to refuse services to anyone. JWDS does not discriminate against gender, race, and or background.

• Minimum Age Requirement. JWDS customers must be at least 18 years of age to purchase services.

• Account set-up. JWDS will setup the account after we have received Clients payment and JWDS and/or our payment partner(s) have screened the order(s) to ensure that all info is in accordance with all state and federal guidelines. It is the Clients responsibility to provide JWDS with an email address, which is not @ the domain(s) you are signing up under. Set-up includes design, domain (must agree to terms), hosting (must agree to terms), and billing for site (terms below).

• Privacy. JWDS does not publish your private information, including government name, social security number, address, email address, phone number, credit / bank account information and or user names and passwords. CLIENT can rest assure that sensitive information will be safe with JWDS. Information collected is for account set-up, site updates, and billing purposes only.

• Fees. JWDS has the right to update fees for services at any time without notice.

• Billing for the site. JWDS will set up billing for the website CLIENT’s in which have membership areas will be set up with an account through trusted merchant service providers. JWDS will give CLIENT access to view stats / emailed stats at least once a month (depends on the account setup). If CLIENT sings up/ have their own merchant account that works with the services of JWDS. JWDS must have access to login to view stats.

• Web site maintenance/ updates.  This agreement allows for 1 scheduled web site maintenance to pages over a 1 month period, up to an average of one half hour per update, which includes updating links, uploading pictures to members area (if your have a members area), adding new models (pictures and pages) 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, adding store items, discussion webs, navigation structure changes, and attempted updates by CLIENT repairs. Anything not listed herein wanting to be included in the update will be decided by JWDS.  The period of 1 month begins on the date the CLIENT’s web design site is available to be published to CLIENT's hosting. Major page code, graphics and/or additional changes will be charged at the time of the change according to current fees. A separate maintenance agreement will be created between JWDS and the CLIENT with in the 1st month of service. Which will include the dates and or days in which content must be submitted as well as changes are to be made, all other conditions will be stated in the maintenance agreement.

• Copyrights and Trademarks.  The CLIENT unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Marty J. Jackson and/or JWDS 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 Marty J. Jackson and JWDS 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.

• Ownership. JWDS agrees to sign over all rights associated with ownership and usage of materials developed by JWDS to the customer upon acceptance of the final product designs and receipt of final payment (see below) for the given materials. Until that time JWDS retains and reserves all rights to any content created by JWDS as set forth by the Copyright Laws of the United States of America (Title 17 U.S.C., et seq., and the Digital Millennium Copyright Act). Once full payment has been received by JWDS, all rights to the final product(s), full and unrestricted, will be released to the customer for use in all media and in all markets, for an unlimited period of time.  JWDS retains and reserves the rights to use any and all content developed by JWDS for display and self-promotional purposes, regardless of ownership.

• Final payment. The CLIENT agrees to pay JWDS for the design if the CLIENT decides to move the custom design to another company for updates and or hosting. The price of the site will be based upon the amount of current normal prices. Only after final payment is made will the CLIENT have full rights as stated in ownership.

• Payments. The CLIENT agrees to supply appropriate payment for the services received from JWDS, in advance of the time period during which such services are provided. All charges are shown in US Dollars. Payments are to be made in US dollars. JWDS accepts the following types of payment:

·            Money Order
·            Credit Card (VISA, MasterCard, American Express, Discover)
·          PayPal

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. Additional services are to be paid prior to the work being started, no exceptions.

Included. JWDS is offering CLIENT a custom design (including coding of the following html, java, css, and pre-installed scripts), yearly domain registration, maintenance, and web hosting to accommodate the content of the site and it’s possibilities. Terms for maintenance and hosting will follow the agreed contract. Additional services are available at additional rates. 

Late Payment. CLIENT agrees to pay their original setup fee plus the normal monthly fee to re-assign service. In the event a payment is not received JWDS will suspend the account unless penalty and monthly fee are paid for directly by CLIENT but no longer than 2 days (for member area clients) 14 days (for non members area clients), which ever comes first. At the time of no action by the CLIENT all content provided to and designed by JWDS will be retained with full ownership. JWDS then will offer the rights for the design not the content provided at the cost of current rates. If CLIENT makes the 2/14 day deadline and later they are late a second time the same rules will apply. If the CLIENT’s at any time after that will be to JWDS discretion that the CLIENT’s account with JWDS be terminated indefinitely without notice nor the option to pay in full for the design and all content submitted to and designed by JWDS will be retained with full ownership.

• Assignment of Web Design Project. JWDS 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 being completed on time.

• No returns. JWDS will not return collected fees for services. All payments are final.

• No Partnership or Agency. Nothing in this agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between parties, nor shall either party have the right, power or authority to create any obligation or duty, expressed or implied, on behalf of the other party hereto. It being understood that the parties are independent contractors completely separate from one another. JWDS is strictly outsourced only to create, host and or maintain the site. All fees collected from products of that site are solely that of the CLIENT. JWDS provides neither advice nor participation in the conduct of the CLIENT’s business. JWDS are not further involved in the CLIENT’s business in any way.

• Excused Performances. JWDS shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, health, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond JWDS 's reasonable control. In the event of any such delay or failure, JWDS shall defer performance of the Services to a date and time mutually agreeable.

• Completion date.  JWDS and the CLIENT must work together to complete the Web Design Project in a timely manner. JWDS agree to work expeditiously to complete the Web Design Project no later than 30 days after CLIENT has submitted all necessary materials. If the CLIENT does not supply JWDS with complete text and graphics content for this Web Design Project within 14 business days of the effective date this agreement, the entire deposit amount of the agreement shall be retained by JWDS as liquidated damages and the contract shall become null and void, at JWDS' option, unless the Web Design Project is cancelled in writing by the CLIENT prior to 10 business days after the effective date of the agreement.      

• Arbitration. Any dispute arising under this agreement shall be resolved by binding arbitration in the city of Sacramento and under the rules of the American Arbitration Association.

• Process. CLIENT agrees to all terms, digitally signs agreements including release and pays deposit. CLIENT is to provide all content for the design that includes domain name (www.anamehere.com) ideas, current domain/ hosting information if already with a company, any links to other sites, logo, pictures of themselves / guest, as well as all text for the design along with any notes / ideas within the time stated under the completion date. Up to two layouts will be provided by JWDS once all material is collected. The CLIENT is to choose one in which can then be modified with minor changes. Once the changes have been made JWDS will then go through the necessary steps to complete the site according to terms within the completion date. Once complete the payment for the first month will be due along with the maintenance agreement digitally signed before the site is goes through the going live process.

• Non-Disclosure. CLIENT agrees not to disclose any information covered by all agreements.