• Glossary of Terms
  
  
• "Client" is the company, firm, body or person purchasing the Services from JCMS Web Design.
• "Contract" means the contract, subject to these conditions, for the provision of the Services between JCMS and the Client.
• "JCMS" means Joomla Content Management Systems and any subsidiary or agent of JCMS through which the Services are sold.
• "Order" means a purchase order in respect of the Services completed or agreed by the Buyer and submitted to JCMS, together with all documents referred to in it.
• "Quotation" is an agreed piece of work (incorporating these conditions) provided by JCMS to the Buyer in respect of the Web Design and other Services. No contract will come into existence until JCMS' written acceptance or order form has been completed and signed on behalf of the client and the order acknowledgement has been signed on behalf of JCMS.
• "Services" means the subject matter of each Contract between the Client and JCMS, being the work and/or services or any of them to be performed by JCMS for the Client pursuant to the Order.
• "Specification" will be determined in the quotation and summary given to client for approval before commencement of services.
  
  

1. Authorisation

The CLIENT is agreeing JCMS Web Design, as an independent contractor for the specific project of developing a World Wide Website to be installed on the CLIENT’s web space located on an ISP’s web server. If JCMS is not hosting the website then the CLIENT hereby provides JCMS with ftp access that need to be accessed for this project.
Should the CLIENT choose to host the website with a 3rd party ISP it is the clients responsibility to ensure that the hosting account meets the technical requirements of the website and the client agrees to liaise with the ISP regarding all support matters.
The client also agrees to allow JCMS to use the website and screenshots as a reference in their advertising and marketing material.

2. Fees

The website includes the number of pages and features specified in the SPECIFICATION and/or QUOTATION. Whereby the CLIENT requires additional standard web pages beyond the original number of specified in this CONTRACT, the CLIENT agrees to pay £25.00 per additional standard web page. There will be no reduction in cost if the client chooses to reduce the number of pages once development has commenced. Where additional custom programming is required this will be charged at the appropriate rate specified from the current price list. Payment for additional work is due on instruction.

3. Payments and Payment Methods

All services agreed to in this CONTRACT shall be sold for the price specified in the QUOTATION. Payment by bank transfer or debit/credit card via PayPal or standing order. Bank and PayPal details are shown on all invoices and statements. Payment by cheque and postal order is only acceptable by prior agreement. Only once a payment is cleared funds will it be deemed received.
Preferred payment methods are: Bank transfer, Standing Order, Cash, PayPal and debit or credit card via PayPal

4. Payment Terms

Unless otherwise stated the following standard terms apply.
Joomla, Virtuemart or other Content Management System (CMS) and E-Commerce development projects

4.1. A minimum deposit of fifty percent (50%) of the design and development project cost and the total amount of design fees and hosting is required to on instruction to commence work.
4.2 Fifty percent (%) is payable once the site content has been input and the site is put on-line in a draft directory of JCMS for the CLIENT’s viewing. There is then a period of up to 7 days during this which the site is made available for testing and correcting.
4.3 The cost of purchasing any third party components or images is payable on instruction. Alternatively the client may purchase these independently and provide them to JCMS no later than 7 days before commencement of the project.3. Warranties.

5. Warranties

JCMS represents and warrants to the CLIENT that they have the ability to perform the services required by this CONTRACT; that JCMS will perform said services in a professional, competent and timely manner; that JCMS has the power to enter into and perform this CONTRACT; and that the performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any laws. However, the CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet the CLIENTS satisfaction.
The CLIENT represents and warrants to JCMS that it will provide the material as required in a professional, competent and timely manner; that it has the power to enter into this Agreement; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any laws.

6.Template development projects

6.1.1. A minimum deposit of fifty percent (50%) is payable on instruction
6.1.2 When the template is complete it will be installed on a test server for viewing. There will be a period of 5 days during which minor changes to styling will be made.
6.1.3 The final fifty percent (50%) is payable on completion and before the template in handed over

Modules and Component development or modification projects

Either as a sole project or part of a larger project
6.2.1. A minimum deposit of fifty percent (50%) is payable on instruction
6.2.2 The final fifty percent (50%) is payable on completion and before the component in handed over or installed on the live server

All other training, consultancy and development services

Full payment on instruction unless otherwise detailed in the quotation or project proposal.

7. Maintenance

This CONTRACT does not include any maintenance or security updates. Web page and website maintenance will be the responsibility of the CLIENT. If a maintenance service agreement is entered into between JCMS and the CLIENT, it will be contained within its own document and not connected to this CONTRACT. However, this CONTRACT does include minor modifications and corrections requested within a two-week period up to an average of 10 minutes per page, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the CLIENT or an agent other than JCMS attempts to update the CLIENT’s pages during this time, time to repair the website or pages will be assessed at the hourly rate of £25.00 per hour and is not included as part of the modification time.

8. Additional Expenses

With the prior written permission or acceptance of the quotation the CLIENT agrees to reimburse JCMS for any additional expenses necessary for the completion of the work. Examples would be purchase of scripts, software, special fonts, stock photography and images.

9. Additional Services

Any revisions, additions or redesign the CLIENT desires JCMS to perform that is not specified in the quotation (Specification) shall be considered “additional” and will require a separate payment. Full payment is required on instruction.

10. Completion Date

JCMSand the CLIENT must work together to complete the website in a timely manner. Much of this depends on receiving the appropriate images, text and payments from the CLIENT on time. We agree to work expeditiously to complete the website in a professional and timely fashion. If however the completion of the site has been delayed due to the client not supplying data, text, images or payments then the balance of the project will become due 14 days after we have completed development of the website structure, programming and pages minus any content or material not provided by the CLIENT. JCMS reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. JCMS will be responsible for the final results of the project.

11. Copyright and Trademarks

The CLIENT represents to JCMS and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to JCMS for inclusion in the web pages are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements and will hold harmless, protect and defend JCMS and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.

12. Limited Liability

The CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical material and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material avocation illegal activity and any infringement of privacy or libel.
The CLIENT hereby agrees to indemnify and hold harmless JCMS from any claim resulting from the CLIENT’s publication of material or use of those materials. The CLIENT hereby agrees to indemnify and hold harmless JCMS in any claim resulting from the submission of illegal materials. If JCMS shall acquire an Internet domain name on behalf of the CLIENT, then in such case the CLIENT hereby waives any and all claims which it may have against JCMS for any loss, damage, claim or expense arising out of or in relation to the registration of such domain name in any on-line or off-line network directories, membership lists, or registration lists, or the release of the domain name from such directories or lists following the termination of the providing of this service by JCMS for any reason.

13. Copyright to Web Pages

Copyright to the finished, assembled work of web pages, templates, websites, source code and instruction manuals produced by JCMS are owned by JCMS. Upon full and final payment of this CONTRACT, the CLIENT is assigned rights to use as a website, the design, graphics and text contained in the finished, assembled website. Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the CLIENT, and remain the property and copyright of their respective owners.

Re-selling, distributing or re-using any templates, source code, designs, layouts, or graphics is prohibited without the prior written permission of JCMS and/or the respective owners. The CLIENT is assigned the rights to use the template on one website only. The CLIENT may keep one backup copy for recovery purposes only.

50% of the original template development charge will become payable by the CLIENT for every additional use of the template whether on a website owned and/or controlled by the CLIENT or not.

Modification of the template by the client or a 3rd party does not effect these terms.

14. Non disclosure

JCMS, except as directed by the CLIENT, or if required to do so by law, will not at any time during or after the term of this CONTRACT disclose any Confidential Information to any person whatsoever.

15. Cancellation and Refund Policy

In the event that work is postponed or cancelled at the request of the CLIENT, the CLIENT will forfeit any deposit paid under this AGREEMENT. JCMS shall have the right to bill pro rata for work completed to the date of that request and for any software, scripts images or other items purchases for the project, while reserving all rights under this CONTRACT. If additional payment is due, this shall be payable within 7 days of the CLIENT’s notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by JCMS and JCMS shall own all rights to the work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.

A client can cancel their hosting with JCMS at anytime. In such circumstances the client will forfeit the remainder of their annual hosting fees. Should the client wish for JCMS to transfer the domain name and or the website to another provider a fee of £95 will become payable. If the client does not wish to retain the site or the domain, JCMS may sell the site and or domain name and the fees will be retained to cover the disposal. Note where a client wishes for JCMS to transfer a site their maybe 3rd party fees payable on top of the £95 (e.g. where a license module is included in the package and a transfer fee applies).

16. Payment of Fees

In order for JCMS to remain in business, payments must be made promptly. Invoices are due upon receipt. If payment is not received within 7 days JCMS reserves the right to stop work until full payment of the project has been received. If an amount remains outstanding thirty days after its due date, an additional five percent (5%) above the Bank of England base rate, penalty will be added for each month the invoice remains outstanding. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process.

Where any invoice is in dispute or payment has not been made within the above timescales this is known as a 'problem period'. In this case all outstanding invoices will become payable with immediate effect. While JCMS does not wish this to have an effect on a clients business or reputation we request that during this time no modifications to the site in question or access to the back office is made by the client and or any 3rd party. If this request is breached during the 'problem period' and or the bill remains unpaid JCMS reserves the right to remove login access to the site and or remove the clients web pages and websites from viewing on the internet and block email accounts until any outstanding payment is made in full. In addition to any interest and other charges that become payable JCMS will make a charge to cover the costs of re-instating the work or services. The cost of this charge will will be based upon the work required but will be a minimum of £35.

17. Updates and Support Services

All requests and acceptances must be in writing via email. If no maintenance or support contract exists JCMS is not bound to carry out any maintenance or support services requested by the CLIENT.

The following rates apply:

During normal weekday office hours

• Standard site updates, template tweaks, component installation and site maintenance and support work required to be carried out during normal office hours with a minimum of 3 working days notice £25.00 per hour. Minimum charge 15 minutes. Payment required on instruction.
• Component development, modification, updates and support required to be carried out during normal office hours with a minimum of 3 working days notice £45.00 per hour. Minimum charge 15 minutes. Payment required on instruction.

Out of hours or emergency and short notice

• Site updates, template tweaks, component installation and site maintenance and support requested to be carried out at short notice or during the evenings and weekends £70.00 per hour. Minimum charge 1 hour. Payment required on instruction.
• Component development, modification, updates and support requested to be carried out at short notice or during the evenings and weekends £90.00 per hour. Minimum charge 1 hour. Payment required on instruction.

18. Entire Understanding

This CONTRACT constitutes the sole agreement between JCMS and the CLIENT regarding the Web Design and Development Service. It becomes effective when the CLIENT instructs JCMS to commence work. This CONTRACT shall be governed and construed in accordance with the laws of the United Kingdom. The parties agree that if any part, term or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.