Acceptance Of Terms
Your access to and use of JMSC Web Design’s Website “the website” is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
In these Terms and Conditions We, Us and Our refers to JMSC Web Design and You and Your refers to you, the Client.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision.
Changes To Website
JMSC Web Design reserves the right to:
– Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that JMSC Web Design shall not be liable to you for any such change or removal; and
– Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Links To Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
- All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to JMSC Web Design or otherwise used by JMSC Web Design as permitted by law.
- Full details of our Copyright Policy can be found on our copyright page.
Disclaimers And Limitation Of Liability
- The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- To the extent permitted by law, JMSC Web Design will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
- JMSC Web Design makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of JMSC Web Design for death or personal injury as a result of the negligence of JMSC Web Design or that of its employees or agents.
You agree to indemnify and hold JMSC Web Design and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against JMSC Web Design arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable
These Terms and Conditions shall be governed by and construed in accordance with the law of USA and you hereby submit to the exclusive jurisdiction of the USA courts.
Website Design, Graphic Design & Miscellaneous Work:
- Once any work is approved by you, no more changes can be made.
- Any changes after approval may be charged.
- Once any work is complete, we will not make any free changes.
- Any changes requested by you will be charged.
- Text must be provided by you, unless agreed otherwise.
- We reserve the right to change any prices or quotes provided, at any time.
- We reserve the right to use any work carried out by us for you in any of our marketing campaigns.
- Any websites we make will include links to our website.
- Deposits are non-refundable.
- Stock images are from istockphoto.com or www.depositphotos.com and must be a maximum charge of two credits per image. You may choose 5 per website unless otherwise agreed. Any additional images requested by you, or any of a higher value than two credits may result in additional charges.
- Once we have completed the job and you have fully approved it, we expect payment within 10 working days.
- If you become unavailable without notice for a period longer than 3 months or you do not send all information regarding changes to any work within 3 months, and therefore we cannot complete the work, we will deem the job complete and no refund of any payments will be made, a final invoice will be issued and full payment for the whole job will be due immediately.
- All time scales for job completion are a guide only and any extra time taken to complete the job does not allow you the right to a refund.
- Any images and text provided by you must be your own or you must have the right to use them. We take no responsibility for consequences resulting from images and text being used illegally.
- We do not offer any printing services.
- Our graphic design is strictly design, we do not agree to print.
- If you do not pay us in full and on time we may remove your website from the internet, remove any links, withhold any files from you, and even use your website or domain name for our own benefit. We may pass your debt on to debt collectors.
- All payments made to us are none refundable
- In the event that a Domain expires, JMSC Web Design will hold the expired Domain for up to 30 days as a courtesy and not as an obligation (contractual or otherwise). 30 days after expiration, the Domain will be placed in Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a domain & hosting renewal fee for the current year.
Hosting and Domain
- The free domain name we offer with each website must be available to purchase.
- Free hosting and domain name supplied with each website is supplied for 12 months starting from the date your domain name is purchased.
- When your hosting and domain name is due to run out we will inform you by email within 14 days of renewal.
- For renewal of hosting and domain after the initial 12 months the cost is $100 per website.
- If we cannot get in touch with you and the renewal date passes we may take your website offline until we can reach you.
- A cost may be incurred for reinstalling the site back to its live status.
- All websites will be hosted on a shared hosting account.
- FTP login details & Cpanel login details will not be given to anyone.
Transferring of Websites & Domains:
- If you would like the site hosted by someone else there may be a fee charged for transferring domain name and website files.
- Transferring of domain name to us or from us may incur a cost.
There is a 500 hourly email limit per domain. This limit is also applied towards mailman. If you send over this amount in any hour most of the e-mails will bounce back with an undeliverable error.
Many of our servers have a 60 pop checks per hour limit per e-mail address. If you go over this you’re likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. To prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes. Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solutions. Note: dividing one large list into smaller lists to get below this limit is not allowed.
Mailing Lists Rules
- Anytime you’re sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you’re using does not allow you to throttle you must switch to something else. If you do not throttle and you try sending 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.
- Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads.
- You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it. This is spam and will result in termination of the offending account.
- Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.
- Any mailing list MUST comply with all guidelines set forth by the United States.
These can be found at: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
- No Direct SMTP mailers are allowed. An example of this is DarkMailer. Any mail should be relayed through the local MTA (localhost:25) for further delivery by the server and not done directly by scripts.
- The exact amount of email addresses included in each website package is 3. Additional email addresses will be charged.
- Once final payment for a website package is made to us, the job is considered complete. As a result of this any email addresses required after completion will be charged even if you the client has not chosen 5 email addresses.
- We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read mail policy above for our generalised mail policy. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organisation or entity listed in the ROKSO may be hosted with us. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of JMSC Web Design.
- We will link your ecommerce site to a merchant account which must be set up and provided by you. We are in no way affiliated to the merchant provider or are in no way responsible for any problems you may encounter with your merchant account.
- If you allow us access to your merchant account we will endeavour to ensure no problems are caused. If problems do occur from us accessing your merchant account, it is at your own risk, and we are not responsible.
- We require carrying out a test transaction on all ecommerce websites. This must be carried out by you. The test amount may vary due to the minimum transaction value set by your merchant account provider.
- We will upload 20 products to your website for you. This will include product image, description and price. All product information must be given to us on a spreadsheet in a format which is compatible with Microsoft Excel. All images must come in a separate folder and have a code which matches it to the product description and price. Images must be provided to us in either of the following formats – jpg, gif, or png.