Payment: Client agrees to pay JSMedia entire purchase
price ($300, or $400 with hosting and domain registration) immediately
after client has approved that initial requirements of html files
have been made, and/or Client’s Web site has been published
online. If payment is not received within 7 business days of publish
date, JSMedia will take the client web site offline until entire
agreed purchase payment is made. Html files will only be electronically
delivered, upon request, once entire purchase price has been received
(html files will be made available for viewing prior to purchase).
Client agrees to pay $63.25 per hour for maintenance and updates
to Web site during the 12 month hosting period, if applicable. If
payment for maintenance and updates is not received within 7 business
days of publish date, JSMedia will take the maintenance and updates
offline until entire agreed purchase payment is made. Payments can
be made securely through PayPal by sending an email request to jason@jsmediacenter.com.
Updates: Maintenance and updates include adding/editing/deleting
textual content, links, and/or up to 5 photos on existing pages.
Also includes email set up (adding a new email address to your account
for example). Client agrees to send all desired regular updates
one time each month. JSMedia then agrees to make all requested updates
to Web site within seven days.
Web site Content: Client agrees to accept full responsibility
for content of Web site, including seeking and obtaining legal permission
for any content that may require such. Client also agrees to accept
full responsibility (financial or otherwise) for any legal action
taken for violation of copyright of content materials. JSMedia assumes
the right to refuse to post any material from Client that may be
viewed as pornographic, inappropriate, or offensive in nature.
Termination of Services: Either Client or JSMedia
has right to terminate this contract and thus end services. This
may be done by providing written or electronic (email) notice to
the other party. Client agrees to pay the full amount due for services
rendered for any month in which services were provided. Client agrees
to pay JSMedia the cost of shipping Web site files to Client, if
Client so desires. This will be done on CD mailed to Client. JSMedia
assumes no responsibility for training or providing instruction
to use or place those files on another server.
Due Dates: JSMedia will make every effort to meet
agreed upon due dates. The Client should be aware that failure to
submit required information or materials may cause subsequent delays
in the production. Client delays could result in significant delays
in delivery of finished work.
Grant of Rights: Upon receipt of full payment, JSMedia
grants to the Client exclusive rights to the finished work.
Reservation of Rights: All rights not expressly
granted hereunder are reserved to JSMedia, including but not limited
to all rights in sketches, comps, original digital files or other
preliminary materials.
Additional Usage: If Client wishes to make any additional
uses of the work, Client agrees to seek permission from JSMedia
and make such payments as are agreed to between the parties at that
time.
Permissions and Releases: The Client agrees to indemnify
and hold harmless JSMedia against any and all claims, costs, and
expenses, including attorney’s fees, due to materials included
in the work at the request of the Client for which no copyright
permission or previous release was requested or uses which exceed
the uses allowed pursuant to a permission or release.
Web site Hosting: JSMedia is authorized to enter
into contracts with third parties to carry out the purposes of this
agreement, and shall be primarily liable to those parties for payment
due there under. JSMedia shall exert a good faith effort to prevent
any loss to Client resulting from failure of proper performance
by those third parties, but JSMedia shall not be liable to Client
by reason of any default of those third parties or other parties
who are not JSMedia’s employees. Server space for the hosting
of Client’s Web site will be secured with a third party Web
Hosting Provider and shall be billed by and payable to JSMedia on
an annual basis. Client agrees to pay all subsequent Web site hosting
invoices within 30 days of receipt of invoice.
Impossibility of Performance: Client acknowledges
and agrees that JSMedia cannot guarantee the absence of service
interruptions by the Web Hosting Provider caused by Acts of God
or other circumstances beyond its control including, but not limited
to, telecommunications problems, of the Internet backbone, of any
Internet servers, of my or my customers' computers, or of my or
my customers' Internet software.
Additional Services: Any work which the Client wishes
JSMedia to create which is not detailed in the initial requirements
which accompanies this agreement will be considered an additional
service. Such work will be billed at the hourly rate of $63.25+
tax, if applicable, and will be added to the amount specified in
the accompanying Web site package. Before any such work is started
additional charges will be fully communicated to the client, before
being incurred.
Client’s Role and Commitment: Client shall
supply, in a timely manner to ensure timely completion of work,
all copy, all graphics and photos to be included in the Web site.
Client understands that failure to do so will result in prolonged
completion of the site. If only a portion of content for pages is
supplied to JSMedia and Client does not complete supply of content
for Web site completion, Client agrees to allow “Page completion
in progress” to be posted on applicable page(s) and agrees
to pay for completion of initial requirements for Web site.
Cancellation: In the event that work is postponed
or cancelled at the request of the Client, JSMedia shall have the
right to bill for work completed through the date of that request,
while reserving all rights under this Agreement. If additional payment
is due, this shall be payable within thirty days of the Client's
notification to stop work. In the event of cancellation, the Client
shall also pay any expenses incurred by JSMedia and JSMedia shall
own all rights to the work. The Client shall assume responsibility
for all collection of legal fees necessitated by default in payment.
Revisions: Client may request up to three rounds
of revisions in order to complete initial requirements of Web Site.
After three rounds of revisions, JSMedia’s hourly rate for
maintenance and updates will be applied.
Copyright Notice: Copyright notice in Client’s
name shall be published with the work. A link back to JSMedia’s
Web site shall also accompany this.
Authorship Credit: Authorship credit in the name
of JSMedia shall accompany the work when it is reproduced. If the
finished work is used as a contribution to a magazine or for a book,
authorship credit shall be given unless specified to the contrary
in the preceding sentence.
Ownership and Return of Work: The ownership of original
artwork, including sketches and any other materials created in the
process of making the finished work, shall remain with JSMedia.
Code of Fair Practice: The Client and JSMedia agree
to comply with the provisions of the Code of Fair Practice, a copy
of which may be obtained from the Joint Ethics Committee, P.O. Box
179, Grand Central Station, New York, New York, 10017.