Terms & Conditions

Websites

All content for the web site is to be provided by the Client.

Jmichael Marketing will only use materials that are in accordance with copyright laws and the Client will not provide material to Jmichael Marketing for use in a web site design that violates such laws.

Jmichael Marketing shall not be held liable for the accuracy of any information supplied by the Client and contained in Client’s website.

Jmichael Marketing and Client shall agree to a schedule of deadlines before commencing work on a project. Meeting project deadlines will be dependent on the provision of content/information for the project by the Client. Failure by Client to provide content/information promptly will result in project delays or cancellation.

The cost estimates agreed upon by Jmichael Marketing and Client are based on the requirements specified in the accepted agreement. Any change in the requirements or delays in communication will have a direct impact on the cost of the project.

If the client’s project is to be installed on a third-party server, Jmichael Marketing must be granted temporary read/write access to the client’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. Jmichael Marketing cannot be held responsible if the project is unsuitable for the server.

A valid cancellation will take place if the same is communicated in writing (with authorized signature of Client) and is mutually agreed upon or full and final payment having been received by Jmichael Marketing with respect to project.

A link to ‘http://www.theclientssite.com’ will be applied to Jmichael Marketing’s online portfolio for the purpose of the design credit.

Jmichael Marketing does not warrant that the functions contained in the 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 Jmichael Marketing 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 project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or project visitor’s computer or Internet software, even if Jmichael Marketing has been advised of the possibility of such damages.

Advertising

Jmichael Marketing does not accept responsibility for any loss or damage caused by:
(a) an error, inaccuracy or omission in the publication of the advertisement:
(b) for any failure to publish an advertisement on the date or dates specified by the client:

The client shall be responsible for checking an advertisement on each occasion before it is published.

SEO/ SEM

You acknowledge and agree that Jmichael Marketing makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results. Jmichael Marketing does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query. Jmichael Marketing does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.

Payments

All payments to Jmichael Marketing are non-refundable.

Invoices will be provided by Jmichael Marketing upon completion of the project. Invoices are sent via email. If the client wishes to have a hard copy they can request it be sent by the US Postal Service. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be deemed late.
No late fees are applicable, however, Jmichael Marketing will only publish a client’s website or provide the website source files once payment is completed.

Third Party Applications

We may provide links to third party websites. Those links are provided as a service to our clients. We do not sponsor or endorse those third parties, nor do we control their activities. You should review any website terms and conditions, privacy policies, and other disclosures that those sites provide before interacting with those third parties. Jmichael Marketing will not be held liable for a breach in third party programs, websites, or terms and conditions.

Privacy

Jmichael Marketing will not give out Client’s confidential information, including but not limited to names, addresses and trade secrets. Jmichael Marketing agrees to take reasonable precautions to prevent unauthorized disclosure of confidential information.

Miscellaneous

The signed Marketing Agreement is effective as of the Effective Date and shall continue unless terminated; Jmichael Marketing may terminate this Agreement after five (5) days’ written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay Jmichael Marketing for all Services provided to Customer by Jmichael Marketing prior to termination.

Jmichael Marketing reserves the right to change or modify any of the terms and conditions contained in the Marketing Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Jmichael Marketing may make changes or modifications to referenced policies and guidelines without notice to you.