Website Terms and Conditions

1.0 Services Rendered

Design

We will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design, one initial revision, and one final revision.

If you're not happy with the design at this stage, you may continue to commission us to make further design revisions at the hourly rate of $125/hr. Please note designs typically take 4 hours to execute.

Text content

Writing or inputting any text copy is not included in this contract, unless quoted above. If you’d like us to write new content or input text for you, we’re happy to provide a separate estimate for that.

Photographs

You’ll need to supply graphic files to us in an editable, vector digital format. Photographs must be in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries and style of photography/images. Included in your project or a set number of stock photos as listed above.

Technical support

We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. After that, any updates to, and management of that server will be up to you.

Changes and revisions

We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind or make decisions later when you might be better informed. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate to cover the additional work.

Prior to publication, the Client will receive a link to preview the site. Each website receives 2 rounds of revisions at no additional cost. Additional revisions thereafter are charged an hourly rate of $75/hr.

What constitutes as a round of revisions? Revisions are calculated by emails. Each email sent is a round of revisions. It is recommended to carefully review the site prior to sending over any revisions.

Errors

We can’t guarantee that our work will be error-free (we’re human!) so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

2.0 Mutual Cooperation

We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.

3.0 Charges for Services Performed

Functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 30 days will incur fee of $250 to resume work at the discretion of {company_name}.

4.0 Terms of Payment

Once work has begun on the project, the deposit (50% of total project) becomes non-refundable.

5.0 Collection Costs

In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.

Cancellation of Plans

You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you do understand that if work has begun on the project, the initial deposit of 50% of the total project cost is non-refundable. If a contract has been signed and a project lays dormant for 30 days without requested content from you, the deposit will become non-refundable, as well. You do also agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. In the event of cancellation, the full deposit may be non refundable to cover these charges. We agree to use our best efforts to minimize such costs and expenses.

Cancellation requests must be received by email.

6.0 Client and Company Responsibilities

We must collaborate in an efficient and timely manner in order to produce the professional results expected. We agree to work expeditiously to complete the Design Project no later than the estimated timeframe after the Client has submitted all necessary materials and information. All design times given are business days (does not include weekends and holidays). Work will not begin until all content is received from the Client.

I AM JONI™ is committed to responding in a timely manner to Client inquiries. We guarantee to respond to received calls & emails within 48 business hours. Text messages or direct social media messages are not an acceptable form of communication and will not be read.

I AM JONI™ is not responsible for any information received via this method. NO EXCEPTIONS.
You (The Client) agree to respond to correspondence within 48 hours of receipt. If Client fails to respond to approval/website completion emails within 5 business days, the Client is in breach of client/provider responsibilities and will lose the given deposit. If client wishes to continue the project after the allotted timeframe, a reinstatement fee of $175 will be applied and is due before the project continues.

6.1 I AM JONI™'s Responsibility

Releases.

We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).

6.2 Client Responsibility for Releases

Releases.

You guarantee that all elements of text, images, or other artwork you provide are either owned by you, or that you have permission to use them.

Then when your final payment has cleared, copyright will be automatically assigned as follows:

You’ll own the visual elements that we create for this project. We’ll give you source files and finished files, if applicable, and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.

We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.

6.3 Client Responsibility for Accuracy

You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement. Unless content writing is selected, content will not be proofread. I AM JONI™ is not responsible for grammatical errors.

7.0 Confidentiality

{company_name} acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by {company_name} on behalf of {client_name} or disclosed by {client_name} to {company_name}.

8.0 Term and Termination

8.1 Period of Agreement and Notice of Termination

This Agreement shall become effective as of the date of signature and shall continue until terminated by either party upon not less than 30 days notice in writing given by either party to the other.

8.2 Termination for Cause

Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.

In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.

8.3 Payment for Non-Cancelable Materials

Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the {client_name}, that any such materials and services, are non cancelable.

8.3 Payment for Non-Cancelable Materials

8.4 Materials Unpaid For

If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.

8.5 Transfer of Materials

Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by You, The Client to

8.3 Payment for Non-Cancelable Materials

8.4 Materials Unpaid For

8.5 Transfer of Materials

Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by You,The Client to I AM JONI™, shall transfer, assign and make available to you, The Client all property and materials in its possession or control belonging to you. You agree to pay for all costs associated with the transfer of materials.

9.0 General Provisions

9.1 Governing Law

This Agreement shall be governed and construed in accordance with the laws of the Province/State of TEXAS.

9.2 Representations and Warranties

The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.

9.3 Entire Agreement

Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.

9.4 Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.