Terms of Service
The following terms and conditions govern all services and products available at or through the website (taken together, the Website). The Website is owned and operated by jMyWeb, a sole-proprietorship. Additional services not listed below will be provided at our standard hourly rate.
Please read this Agreement carefully before entering into a services agreement with jMyWeb, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not enter into a services agreement with jMyWeb.
CLIENT is engaging jMyWeb for the specific project of maintaining, enhancing, developing and/or re-developing their online property(ies) for the estimated total price as outlined in our proposal.
Deadlines and Deliverables
CLIENT agrees to properly convey the information that needs to be changed or added and will submit all requests via email to jMyWeb via electonic (e-mail), or printed format. jMyWeb will attempt to respond to “CLIENT” within 24 hours of receiving said requests on weekdays and 48 hours on weekends, via email or phone. Requests made after 3:00pm PST may not be received until the next business day unless prior arrangements have been made. jMyWeb will attempt to adhere to all quoted deadlines for the deliverables in these requests. In the event that “jMyWeb” has any issues in delivering on a quoted deadline, “CLIENT” will be notified via email or telephone the reasoning for any change.
If we are designing your website we’ll create designs for the look-and-feel, layout and functionality of your website. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at our standard design rates.
Because of the nature of web design and programming work, websites always appear differently on different computers. Screen resolution, operating system, and browsing software are just a few examples of variables that may affect the way a website looks. The client must be aware of these possible variations and jMyWeb will not be held responsible for them.
We are not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at our standard copy writing or content input rate.
Copyrighting and/or Copy Editing
Copyrighting and/or copy-editing are not considered as part of the design process and are billed in addition to the agreed-upon design fees. CLIENT is encouraged to write copy for any and all web site pages and other online promotional pieces. In the event that CLIENT decides to write copy for the CLIENT web site, all text will be provided to jMyWeb in “Microsoft Word” format and spell checked, for incorporation into the HTML coding of the CLIENT web site. All photos/graphics, database and editorial content will be provided via email attachment or link to online storage service like Dropbox, Box.com, etc.
Agreement Terms and Acceptance
Term and Termination
This Agreement shall be effective as of the time frame CLIENT signs up for services. This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by jMyWeb immediately if (i) CLIENT fails to pay any fees hereunder; or (ii) if CLIENT fails to cooperate with jmyweb.com or hinders jMyWeb’s ability to perform the services hereunder.
Website Support Period
You will receive email support for 30 days after your site is deployed (put live). jMyWeb encourages you to use this time to carefully, and, in the case of a WordPress site, load your information and process several test entries to become familiar with your new design’s functionality. After 30 days, there will be a charge for support depending on the frequency and complexity of your questions/edits. The support period is limited to the trouble shooting and fixing of items/content/functionality as specified in the initial proposal. Support or additional training requirements will be considered new work and invoiced at the applicable rate.
Payment of Fees
Payments can be made by check, credit card or PayPal (plus Paypal processing fees) at agreement acceptance. CLIENT agrees to pay jMyWeb any and all fee(s) as billed in accordance with this Agreement. The fee(s) must be received prior to the start of any Maintenance Services.
The CLIENT further agrees that, in the event of any termination of this agreement by CLIENT, no refunds shall be given under any circumstances whatsoever. The CLIENT further agrees to pay upon cancellation the amount of any cancellation fees or other amounts due to jMyWeb as provided in the agreement.
Late Payment of Fees
Payment is due and payable upon presentation of an invoice. Delinquent bills will be assessed a $75 charge if payment is not received within 30 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 3% penalty will be added for each month of delinquency. The grant of any license or right of copyright is conditioned on receipt of full payment. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by jMyWeb in that process. jMyWeb may discontinue or suspend service to CLIENT until payment is made. This Agreement becomes effective only when signed by jMyWeb. Regardless of the place of signing of this Agreement, CLIENT agrees that for purposes of venue, this agreement was entered into in San Diego, California, and any dispute will be litigated, arbitrated, or mediated in San Diego, California.
CLIENT shall indemnify and hold harmless jMyWeb (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by jMyWeb as a result of any claim, judgment, or adjudication against jMyWeb related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by CLIENT to jMyWeb (the “CLIENT Content”), or (b) a claim that jMyWeb’s use of the CLIENT Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, jMyWeb must: (i) give CLIENT prompt written notice of a claim; and (ii) allow CLIENT to control, and fully cooperate with CLIENT in, the defense and all related negotiations.
Relationship of Parties
jMyWeb, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. CLIENT does not undertake by this Agreement, or otherwise, to perform any obligation of jMyWeb, whether by regulation or agreement. In no way is jMyWeb to be construed as the agent or to be acting as the agent of CLIENT in any respect, any other provisions of this Agreement notwithstanding.
Recovery of Hacked Websites
Recovery of hacked websites is not included, as websites can be hacked at any time and we do not have control over this. We recommend that you use strong passwords for all websites and hosting accounts, at all times.
If any dispute arises under this Agreement and the amount in controversy exceeds $5,000.00, then such dispute shall be submitted to non-binding mediation in San Diego, California. CLIENT and jMyWeb will each select a mediator. The two so selected mediators shall select a third mediator, and that third mediator shall hear and determine the controversy and render his or her decision. If any action or proceeding is commenced to construe this Agreement or to enforce the rights and duties created hereunder, then the party prevailing in that action or proceeding shall be entitled to recover its costs and fees in that action, as well as the costs and fees of appealing and enforcing any judgment entered therein.
Either party may cancel this agreement. If CLIENT cancels agreement, fees paid to date are non refundable. If either party breaches its obligations under this agreement, and such breach is not cured within ten (10) days following the date on which the other party (the “non-breaching party”) delivers to the breaching party written notice specifying the breach, then at the election of the non-breaching party this Agreement shall terminate at the expiration of that 10-day period. Such election shall be made by the non-breaching party’s delivering to the breaching party, within five (5) days after the end of that 10-day period, written notice of termination. Notwithstanding any termination hereunder, (a) CLIENT shall remain liable to pay jMyWeb the costs and fees that have accrued under this Agreement prior to the effective date of termination, and (b) all rights and duties of the parties shall survive the termination of this Agreement.
CLIENT authorizes jMyWeb to use CLIENT’s name, web site, web site logos and CLIENT testimonials for any and all advertising and promotional purposes in jMyWeb brochures, newspapers and magazine advertisements, and on jMyWeb web site as part of a design portfolio presentation.
This Agreement constitutes the entire understanding between the parties. Only an instrument in writing signed by both parties can modify the terms of this agreement. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. It is intended that each paragraph of this Agreement shall be viewed as separate and divisible, and in the event that any paragraph shall be held to be invalid, the remaining paragraphs shall continue to be in full force and effect.
This Agreement shall be binding on, and inure to the benefit of, the parties’ heirs, successors, assigns, and personal representatives. This Agreement shall be governed by the laws of the State of California.
About credit cards data processing
Please keep in mind that for security reasons, jMyWeb always:
Prevents unauthorized access, maintains data accuracy, and ensures the correct use of information, through appropriate physical, electronic, and managerial procedures to safeguard and secure the information it collects online and offline.
Hires the services of reliable third party companies to manage credit card information and payment gateway secured encryptions for the websites of its clients. Such companies charge fees per transaction and/or fees per month for which the client is responsible. Most such companies offer various fee plans to best suit the needs of the client’s business depending on the volume of the client’s online transactions.
About this site
All prices appearing on this site are subject to change without notice. These prices are solely informative and jMyWeb is not necessarily committed to them for your project. To receive a free quote for your project, please contact us!