TERMS & CONDITIONS

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Terms & Conditions

The following terms and conditions apply to all website development / design services provided by Wombat Creative Limited to the Client.

  1. Acceptance

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 quote 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 our services implies that you have read and accepted our terms and conditions.

  1. Charges

Charges for services to be provided by JM Web Design are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. JM Web Design 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 full payment of agreed upon set up fee and monthly management fees. Monthly management fees begin the following month on the 1st and will be recurring every month processing on the 1st of the month.

Payment for services is due by credit or debit card processing.

  1. Client Review

JM Web Design will provide the Client with an opportunity to review the appearance and content of the website during the (3) reviews during the design phase and once the overall website development is completed and ready to launch. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies JM Web Design otherwise within ten (10) days of the date the materials are made available to the Client.

  1. Turnaround Time and Content Control

JM Web Design will install and publicly host or supply the Client’s website within a total of 60-90 days depending on current schedule and communication. If there is a delay caused by communication, the client’s project development will be worked back into schedule. Any missing requests, content, revisions, etc not received will cause a delay in development.

During the project, JM Web Design will require the Client to provide website content; text, images, movies and sound files that have been optimized for the website. If JM Web Design has to supply images, there may be a significant delay due to research, discovery, and optimization.

  1. Failure to provide required website content:

JM Web Design is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time.

This is why we ask that you provide all the required information 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 Optimization we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

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.

  1. Payment

Invoices will be provided by JM Web Design upon processing on payments initially and monthly. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid five (5) days after the date of the invoice will be assessed a service charge in the amount of the higher of ten percent (10) per month of the total amount due.

  1. Refunds

Web design and development projects require extensive resources, consumes our time and incurs internal expenses. Therefore, once a payment or deposit is made, it is non-refundable. Our monthly management services are also non-refundable due to the staging area that we host the temporary website on during design phases.

 

  1. Additional Expenses

Client agrees to reimburse JM Web Design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, e-commerce upgrades, special plugins, etc.

  1. Web Browsers

Wombat Creative Limited 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, Safari, Google Chrome, etc.). Client agrees that JM Web Design cannot guarantee correct functionality with all browser software across different operating systems.

JM Web Design 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, JM Web Design 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.

  1. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on JM Web Design’s web server, and space, JM Web Design will, at its discretion, remove all such material from its web space/server. JM Web Design is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Any checks returned for insufficient funds will be assessed a return charge of $55 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay JM Web Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by JM Web Design in enforcing these Terms and Conditions.

  1. Termination

Termination of services by the Client must be requested and received within thirty (30) days prior to the first of the month and will be effective on receipt of such notice. Telephone or Text requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full immediately.

  1. Indemnity

All JM Web Design services may be used for lawful purposes only. You agree to indemnify and hold JM Web Design harmless from any claims resulting from your use of our service that damages you or any other party.

  1. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants JM Web Design 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 JM Web Design permission and rights for use of the same and agrees to indemnify and hold harmless JM Web Design 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 JM Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

  1. Domain Names

JM Web Design 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 JM Web Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

  1. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or 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.

  1. Social Media Management

Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. JM Web Design will honor 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.

  1. Governing Law

This Agreement shall be governed by English Law.

  1. Liability

Wombat Creative Limited 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 Wombat Creative Limited 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.

  1. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,