Terms and Conditions
The named client hereinafter referred to as "client" is appointing J D Web Designs as an independent
contractor for the specific web design project of developing and/or improving a web site hereinafter referred to as "web design project"
which may be installed via J D Web Designs' account on an Internet Service Provider (ISP), to access this account and authorizes J
D 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.
An acceptable use policy is part of these terms and conditions of hosting
any information associated with the domain name. This is necessary because the proliferation of abusive electronic mail and practices
generated by a minority of the Internet users can interrupt services. The exhibit with the description of the acceptable use policy
is posted on our website and the exhibit is part of these terms and conditions.
Copyright and Trademarks
The client unconditionally
guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to J D 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 and defend J D Web Designs and its subcontractors from any claim or suit 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 30 day period, and up to an average of one half hour per regular web site, including making minor changes to a sentence or
paragraph. It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new
pages, guest books, navigation structure changes, repairs or web design projects delivered by the client via media storage. The period
of 30 days begins on the date the client’s web design site has been published to the hosting service or 45 days from the date this
agreement was signed, which ever comes first.
J D Web Designs and the client must work together to complete the
web design project in a timely manner. J D Web Designs agrees to work expeditiously to complete the web design project no later than
30 days after the client has submitted all necessary materials. If the client does not supply J D Web Designs with complete text and
graphic content for this web design project within 60 days of the date this agreement was signed, the entire amount of the agreement
becomes due and payable. If the client still has not submitted all the required contents within 90 days after signing this agreement,
an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is
published or the client cancels the web design project in writing.
The web site design project delivery shall
be completed upon receipt of the payment associated with delivery. Delivery may be accomplished by publishing, electronic transfer,
or physical media. The client understands that J D Web Designs shall be providing hosting services in connection with this web design
project. Hosting services may require a separate contract. The client will be solely responsible for all hosting service charges.
The client assumes all responsibility for the use and functionality of the web design project.
If the web design project
agreement includes publishing, J D Web Designs will make a good faith effort to accommodate the client's request of publishing in
a timely manner, using FTP to publish the site.
Electronic Commerce Laws
The client agrees that the client is solely responsible
for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend J D Web Designs and its subcontractors
from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce, if this service is
provided within the web design project.
Web Design Project Copyright
Original web site content specifically requested by the client
and designed under work for hire shall be the intellectual property of the client once final payment under this agreement and any
additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs
that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of
their respective owners. J D Web Designs and its subcontractors retain the right to display graphics and other web design elements
as examples of their work in their respective portfolios.
Payments must be made promptly based on the agreed schedule.
Delinquent bills can be assessed a $25 charge if payment is not received within 10 days of the due date. If an amount remains delinquent
30 days after its due date, an additional 5% penalty can be added for each month of delinquency. J D 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 incurred by that process. This agreement becomes effective only when signed by an authorized representative
of J D Web Designs. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement
was entered into in Los Angeles, California, US and any dispute will be litigated or arbitrated in Los Angeles, California, US. Please
pay on time. All payments will be made in US $ funds via PayPal.com.
J D Web Designs does not warrant 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 any representative of J D 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 or any other circumstances beyond
our control, any lost profits, lost savings or other incidental, consequential 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 site visitor's computer or Internet software, even if J D Web Designs has been advised
of the possibility of such damages.
This agreement constitutes the sole agreement between J D Web Designs and the
client regarding this web design project. Any additional work not specified in this contract must be authorized by a written or e-mail
request. All prices specified in this contract will be honored for 3 months from date offered. Acknowledgement of agreement after
that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements
between the parties.
This agreement may be modified or amended if the amendment is made in writing and is signed by
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the
remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid
or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written,
construed, and enforced as so limited.
Waiver of Contractual Right
The failure of either party to enforce any provision of this
agreement shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance
with every provision of this agreement.
Any notice, direction or other communication given under this Agreement shall
be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed
to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to email@example.com
or an authorized representative, in the case of notice to you, at the e-mail address provided by you in this agreement, in your WHOIS
record for the website domain name or as updated from time to time. Mail shall be sent to J D Web Designs, 545 E Raborn St, San Dimas,
California 91773 and to you at the mailing address provided in this agreement or as updated in writing. Any e-mail communication shall
be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery
was made prior to 4:00 p.m. Pacific Standard Time and otherwise on the next business day. Any communication sent via regular mail
shall be deemed to have been validly and effectively given 5 business days after the date of mailing.