By commissioning Jade Web Design to build and/or host your web site you agree you have read and agree to all terms and conditions and agree to abide by them.
1. Jade Web Design will not be held responsible for the accuracy or *legality of any information provided on any site it designed or maintains.
2. Jade Web Design will not produce any site related to pornography or any *illegal activity.
3. Jade Web Design will put credit for its work on every site produced. This helps keep our prices low by advertising on each site. Removal of Jade Web Designs credit will incure a fee set by Jade Web Design based on the size of the site. This is applicable even if a site is to be moved to a new web host at any point.
4. All maintainance and any other web site related work including changes to original quoted work will be charged at a rate of $100.00 per hour. This figure can change at any time but will only rise if extra expenses to produce sites, tax rises or inflation are incurred by Jade Web Design.
5. Jade Web Design will not be held responsible for the failure of any site caused by any entities such as hosting services, hackers, scripting failures or any other entity that may cause the site to malfunction. Normal maintainance fees will be charged to repair any problems.
6. Jade Web Design will not guarantee any site for accuracy or reliability and will not be held responsible for loss of income, data or any other potential losses that may arise from use of the web site. All web sites built are provided as is at time of settlement. Time of settlement is on completion of the job as per your original quote or decided by Jade Web Design if no written quote is available.
7. All sites hosted by Jade Web Design are billed recurrently after the first year. If you wish to cancel a hosting account at any time a request must be either emailed via your client control panel or emailed via your regular email method. If no formal request is received accounts are ongoing year to year. All hosting and domain name renewals are paid in advance by Jade Web Design so any cancellation is only applicable from the next due date of the hosting or domain renewal. No pro rata refunds are given.
8. Each account that includes web hosting comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.
9. Customer agrees that it shall defend, indemnify, save and hold Jade Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Jade Web Design, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.
10. Customer agrees to defend, indemnify and hold harmless Jade Web Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Jade Web Design server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
11. Jade Web Design will not be responsible for any losses your business may suffer due to web site failure or down time. Including loss of data or web sites. Web Site backups are a clients responibility.
12. Jade Web Design makes no warranties of any kind, expressed or implied for services we provide.
13. Jade Web Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data and any service interruptions caused by Jade Web Design and its employees.
14. By paying a deposit for work you or your representative (as laid out in the condition below) agree to work commencing at that point and you agree that you have read and understand these terms and conditions and agree to abide by them.
15. If any web site owner, web site owner employee or agent of owner or any other party acting for the owner that breaches any of these conditions and/or cancels the contract with Jade Web Design full payment of the contract is due. Full payment is sought because canceling the contract still costs Jade Web Design the quoted amount in lost work for that period.
16. Any invoices outstanding for hosting and/or web design work for more than 7 days, or fees being formally refused to be paid via either phone or email, will result in a hosting account being put into lockdown until the invoice is paid. Restoration of any suspended site currently in lockdown will incur a fee of $50. Sites will not be restored until the outstanding invoice and the $50 fee has been paid.
If a hosting account is overdue after suspension and remains unpaid for 28 days the site will be automatically deleted from the system without further warning. Jade Web Design & Hosting hold no responsibility to have backups of deleted sites. Backups are a clients responsibility.
17. Payments and progrees payments for work on web sites must be paid for on completion of that work as deemed by Jade Web Design. If changes need to be made due to a change of plans or ideas beyond the initial work these changes will incur a fee of the hourly rate as set in condition 4 of these terms and conditions.
18. Any progress payments or final payments not paid will result in the debt being handed to a debt collection agency. Any fees that this process incurs will be added to the outstanding amount. If a client cancels a job during construction of the site full payment of the web site is required.
18. No new web site will be made live for viewing by the public until the site has been paid for in full.
19. No web site and its content will be available for transfer to a new host or to be downloaded while any invoices are outstanding.
20. Jade Web Design reserves the right to change these conditions and will post said changes here.