The following terms & conditions will apply to all projects for the provision of services by JMA Web Design and will supersede any other documentation or communication. There will not be any variation to these terms and conditions unless agreed in writing by JMA Web Design. The following terms & conditions will not affect an individual’s statutory rights as a Consumer. JMA Web Design reserves the right to refuse any order or request for services without providing a reason. These terms & conditions shall be construed in accordance with the Law of England.
Acceptance of Terms
Your access to and use of this website (http://jmawebdesign.com) 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 this 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 this Website (http://jmawebdesign.com).
JMA Web Design strictly reserves all rights to all text, images, graphics, logos, examples of designs and all content on this website. ©2016 JMA Web Design.
Any content including all text, images, graphics, logos, portfolio examples that are taken, copied or used by another individual or business in any way would be considered as breaking this copyright law and may result in legal prosecution. Routine searches through search engines are conducted to find any websites that may have taken any content from this website.
Limitation of Liability
JMA Web Design will not be held responsible for any loss or damage sustained by the client as a result of the use of materials supplied by JMA Web Design. All works created by JMA Web Design will be considered approved for use by the client prior to being employed for use in any way. The maximum liability of JMA Web Design under any circumstances shall not exceed the paid amounts relating to any respective order.
If any term or provision of these terms & conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms & conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes to Terms & Conditions
JMA Web Design reserves the right to change these terms & conditions at any time. If an order has already been placed before the new terms and conditions are presented then the terms and conditions that were presented at the time of a client placing an order will be the terms and conditions that apply to that order. Any orders placed after the new terms and conditions have been presented will be subject to the latest terms and conditions.
Samples featured in any of JMA Web Design’s online portfolios are selected to show a diversity of styles and may not represent the final version of any given design as selected by our clients.
Certain logos are featured on this website that are intended to represent the company to which they refer and may not directly represent our own work. For example payment icons, logos presented for services used by JMA Web Design and company logos used within graphic or website design projects that may have been created by another designer.
JMA Web Design reserves the right to change or remove (temporarily or permanently) this Website or any part of it without notice. JMA Web Design shall not be liable to an individual, business or company for any such change or removal.
For online orders / orders of design packages, details and specifications of the service will be displayed prior to placement of the order. The Client is requested to review these specifications to ensure that all details, fees, payment and any other terms are acceptable.
For bespoke quotations and orders placed over the telephone clients are expected to review the quotation and these business terms to better understand what is included with the service. Clients should ask if there is anything they are unsure about with regards to what is included with the service.
Copyright For Logos Created For Clients
On JMA Web Design receiving the payment for a logo design in full the copyright to the design is automatically transferred to the client.
JMA Web Design retains the right to display logos created in an online or paper based portfolio.
All work supplied by JMA Web Design is believed to constitute original work, and is prepared in good faith that it does not infringe the rights of any other party. JMA Web Design cannot provide an absolute guarantee that any specific works do not infringe upon existing third-party rights, inadvertently, by coincidence or otherwise. JMA Web Design is unable to guarantee that any work supplied to the client is suitable for any particular purpose and would strongly recommend that the client conduct relevant research prior to the approval or use of any prepared work.
All preliminary work and materials produced by JMA Web Design for the purposes of developing any work remain the sole property of JMA Web Design (excluding any incorporated materials supplied by the client).
Any unauthorized usage of copyrighted materials created by JMA Web Design will be actively pursued through legal channels.
By approving any final work whether verbally or in writing, the Client assumes all responsibility for the subsequent usage of the chosen work.
JMA Web Design retains the right to re-use any original material that does not form part of any final approved work.
Examples of work
JMA Web Design may wish to use examples of developmental or final completed work prepared for the Client as a part of our future marketing materials. JMA Web Design may also wish to use relevant sections of correspondence attributed to the Client as reference or testimonial material. If the client provides in writing a request for such examples of work or correspondence not to be used, JMA Web Design will acknowledge the client’s request and refrain from using the material. If the material has already been printed or presented on the internet in some form then JMA Web Design reserves the right not to acknowledge the client’s request.
Time To Deliver Artwork
As JMA Web Design offer unlimited revisions on some logo and design packages there can be no set time frame in which to deliver. JMA Web Design will however deliver the first design concepts within 14 days or provide a refund and the project be cancelled. JMA Web Design does aim to provide the initial visual for logo design concepts within 4 business days but this is not guaranteed.
For other projects such as website design projects or graphic design projects initial visuals will be provided within 14 days or a refund will be provided and the project cancelled. No fixed time limit can be applied to website design or graphic design projects though due to an unknown amount of required amendments to a design or website.
If a Client asks for a refund then a refund will be provided unless work has already begun on a project. Refunds will not be provided if the amount of design time already spent on a project (charged at £25 per hour) exceeds the costs of any payments made. JMA Web Design may, at its discretion, offer a full or partial refund to the Client under certain circumstances where no formal right to refund exists.
Termination of order
The client is allowed to terminate the order; however, time spent upon a client’s order will still be collectable by JMA Web Design.
Explanations of Terminology Used :
A logo concept is definable as a logo design featuring one or more of the following:
Typography, Symbol, Icon, Illustration
The client has the right to ask for logo design concepts once an order has been placed and a payment has been made.
JMA Web Design will create further logo concepts but may refuse to provide further logo concepts if more than 20 hours of design time has been spent on a project. All design concepts will relate to one name specified by the client.
A client is the individual, business or company that has requested any work to be provided by JMA Web Design.
Unlimited Revisions For Logo & Design Projects
JMA Web Design provides unlimited revisions for logo and design projects. An unlimited number of revisions may be requested by a client and these revisions will be provided unless the total amount of time spent on a logo or design project exceeds 20 hours of design time.
If a client requests further logo design concepts JMA Web Design will usually provide these unless a total amount of design time exceeds 20 hours of design time, at which point JMA Web Design reserves the right to refuse to provide further logo design concepts.
The client is expected to provide clear and detailed feedback on any logo design concepts when requesting further changes to allow JMA Web Design to work efficiently on the development of the client’s logo or design project.
JMA Web Design encourages the client to take as much time as they need to deliver accurate feedback on a design. If JMA Web Design are unable to contact the client and the client does not contact JMA Web Design, then the order will expire after 37 days of no contact between the two parties.
Acceptance of any final works whether verbal or in writing shall be deemed to represent the final stage of the work process. Any subsequent work requested by the client in relation to the order may be separately chargeable at the discretion of JMA Web Design. In this circumstance any further fees will be advised to the Client in advance of the work being undertaken.
IMPORTANT! Failure to Provide Required Website Content
To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject other work and enquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information in advance. On any occasion where we cannot progress your website because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. Also, if your job involves Search Engine Optimisation 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 four weeks 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 (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.
Website hosting can be provided to clients who require it. Basic Hosting for a website costs £150 per year but the first year of hosting may be offered to a client free of charge if this is included within a package or quotation.
JMA Web Design will contact the client 4 weeks before the renewal date. The hosting renewal charge must be received within 10 days of the hosting expiry date. We reserve the right to deactivate any website when the hosting has expired and the client has not paid the renewal charge. We reserve the right to charge an administration fee of £65 for reactivating the website/hosting.
If the client does not use JMA Web Design hosting services, then the management and hosting of the domain name are the full responsibility of the client.
If the client does not wish to renew the hosting the site files and associated data can be made available to the client on request and the domain name can be transferred to the client’s registrar account. Should the client instruct us to upload and configure the site and domain name to a third party server this work will be subject to charge.
JMA Web Design will not be held responsible for any loss or damage sustained by the client as a result of a website being hosted as part of the service provided by JMA Web Design.
Domains for use with a website can be registered by JMA Web Design for clients who require this. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable time-frame.
The cost of one .com or .co.uk domain name is usually included within the website design package costs but if a client requires more than one domain or requires a domain name other than a .com or .co.uk domain then these will be charged at an additional amount for which the client will receive a quotation for.
It is the responsibility of the Client to renew their domain names when due. If a domain name expires JMA Web Design cannot be held liable for this. However, JMA Web Design will make reasonable effort to contact the Client regarding domain renewal.
If the Client has paid for a hosting package with JMA Web Design and he renews his Hosting with JMA Web Design, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and JMA Web Design cannot be held liable for this.
JMA Web Design will not be held responsible for any loss or damage sustained by the client as a result of a domain being registered as part of the service provided by JMA Web Design.
Amendments To Websites
If a client has ordered a content management (CMS) website then they will be able to make certain changes themselves to a website. If a client has not ordered a CMS website or requires changes to additional areas of a website that they need assistance with, such changes can be made at an additional cost. A quotation for this work will be provided to the client before any work is completed.
Website Advance Payment
An advance of 50% of the total cost of the website project is required before work can commence. After work commences this is non-refundable. The remaining balance is due once the project has been completed. Once final payment has been received the website will be made live.
JMA Web Design owns all design and code of the website until final payment has been received in full.
The website is provided to and accepted by the client as a fully functioning, completed work. JMA Web Design is not responsible for future support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an on-going support package is negotiated.
If a website provided by JMA Web Design fails or is damaged for any reason including technology fails, website hacks or viruses then JMA Web Design will attempt to resolve the issue for a client if a maintenance package is purchased for the website in question. No guarantee can be offered for repairing a damaged website though as the extent of the damage may be too great to resolve in extreme cases.
JMA Web Design does keep multiple backups of all websites to help resolve any issues with a damaged website but restoring backups can result in a loss of data in the form of pages or elements of a website created after the date of the creation of the most recent backup.
Updates To CMS Platforms
If a client wishes to update a particular CMS platform such as WordPress, Joomla, this can be provided but if a website fails due to a website being incompatible with a newer version of a CMS platform then restoring an older version of a CMS platform may be the only resolve unless a client is willing to pay for additional developments to a website to allow compatibility between a website and a newer CMS platform.
Access To Clients Accounts
In certain situations clients may provide account details to JMA Web Design so that we may access a domain name or hosting account. This information will be treated as confidential. Clients should change any passwords provided to us once we have accessed an account for them so as to keep the account as secure as possible.
JMA Web Design will not be held responsible for any loss or damage sustained by the client as a result of JMA Web Design accessing a client’s account as part of the service provided by JMA Web Design.
JMA Web Design Credit
As the websites we design for clients are our portfolio, we reserve the right to include a credit link back to the jmawebdesign.com website from the websites that we design for clients. If clients do not want to show this link we can remove this link for you for an additional fee of £150.
As part of our website service the creation of up to 5 email accounts may be included. JMA Web Design will create these email accounts and provide setup details for clients but clients may need I.T support if technical issues are encountered with their email software.
JMA Web Design will not be held responsible for any loss or damage sustained by the client as a result of JMA Web Design providing a client with any email accounts for personal or business use as part of the service provided by JMA Web Design.
SEO (Search Engine Optimisation)
By using the JMA Web Design SEO services including any of the SEO packages on this website, the client understands and accepts that no compensation can be made for websites not showing for certain search results within the search engines such as Google. How the search engines display their results is beyond the control of JMA Web Design so no compensation can be paid in the event of a search engine no longer showing a particular website for a particular search term.
JMA Web Design offers a refund if no improvements can be seen from any of the SEO packages / campaigns. If JMA Web Design is unable to show any improvements through statistics / data taken from SEOMoz, Google Analytics, Google Webmaster Tools or recorded website visit statistics then the refund will be provided. The refund on any SEO services cannot exceed more than 3 months’ worth of SEO. If a client has reordered any of the SEO packages / SEO services a full refund cannot be provided on all previous SEO orders. The refund will only ever apply to a maximum of 1 SEO order not all of the SEO orders combined. So if one SEO order fails to provide search engine improvements then a refund will be provided on that order only and not for any previous orders where improvements in search results had been shown or existed at any time.
The client also understands and accepts that improvements in rankings are in no way guaranteed over any given length of time due to the search engines such as Google changing the way in which they choose to rank website results. JMA Web Design has no control over such changes so cannot provide a guarantee on such results.
By agreeing to these terms and conditions your statutory rights are not affected. JMA Web Design reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.