Terms of Service
The following Terms and Conditions of Service apply to all projects and services provided by Jennifer Johnson / JennJ Designs (here in after referred to as JennJ Designs and all customers are referred to as the client or clients).
By accessing the Jenns Designs website and/or purchasing any product, downloading any files, or using any of my services you have agreed to be bound by the following terms and conditions, privacy policies and licensing agreements outlined on this page.
Please read all information carefully as it will affect your legal rights and obligations.
Refusal of Service: JennJ Designs reserves the right to refuse service to anyone or any organization for any reason.
Contracted Work: JennJ Designs agrees to produce project materials (the “contracted work”) at the request of the client for the fees agreed upon in advance as well as the delivery of the contracted project and all elements by the agreed-upon deadline set forth at the start of the project.
Website and Blog Design Terms & Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the project proposal with JennJ Designs. All information will remain completely confidential and will not be disclosed or shared in anyway with anyone for any reason except to provide the necessary and agreed upon services outlined within the job agreement before specified and agreed upon by the client.
The client also authorizes JennJ Designs to publicize their completed Website or Blog to Web search engines, as well as other Web directories and indexes, if this is included within the scope of the project.
For any website or blog design project, a proposal shall be provided to the client which outlines the general scope of the project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work that arises or that is added after the project starts per the client’s request will incur additional costs. All prices specified in this contracted project will be honored for 1 month…after which continued services after that time will require a new agreement.
Clients will provide all text to be used on all web / blog pages, unless otherwise negotiated. Client agrees to provide copy and any other submissions within a timely manner.
Website / Blog and Browsers: JennJ Designs will verify the design and functionality of all website designs on the following internet browsers: all current (up to date) versions of Firefox, Chrome, and Safari. Should an update or up-version of any of these browsers result in the corruption of the website in part or in whole, the client understands that any revisions or corrections will be made at the client’s expense, and be billed at JennJ Designs current hourly rate as this is outside of JennJ Designs control.
Project Delays: Sometimes due to illness, injury, or other events beyond JennJ’s control, such as: fire, theft, computer failure, and any acts of God may result in a delay of unpredictable length. Should any delays ever happen JennJ will contact the client immediately and make arrangements acceptable with client to get their project completed ASAP.
Confidentiality: JennJ Designs acknowledges that she may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. JennJ agrees to protect the confidentiality of the client’s proprietary information and all physical forms thereof, whether disclosed before this agreement is signed or afterward. Unless strict confidentiality is requested by client in advance of the establishment of this contract, JennJ can display materials and final work created for clients on the JennJ Designs website in the portfolio or for advertisement as examples of services offered.
Payment: Client agrees to pay JennJ Designs 50% of the total project estimate before any services are started or provided, and the remaining total of the project cost is to be paid before any workable and or unwatermarked files will be delivered.
If the parameters of the project change, or if it involves more time or expense than originally estimated, JennJ will inform the client and they can renegotiate the project cost at that time.
JennJ Designs is responsible for the payment of all federal, state, and/or local taxes with respect to the services she performs for the client as an independent contractor. However the JennJ Designs is not an employee, affiliate, or partner of the client or their business or organization but operates solely in the role an independent contractor. As such JennJ Designs will provide graphic, website and blog design services under your direction and to your specifications; however, JennJ Designs retains the right to decide the manner and means and time frame that the said services are accomplished (within the agreed project contract).
Delinquency: Late fees will incur on invoices that are past 1 month old after the completion of any work at a rate of 10% per month, until all outstanding balances are paid in full.
If collections services should have to be employed the client agrees to pay all fees incurred in that process on top of the balance previously due.
Default: An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned check. JennJ Designs shall be entitled to remove JennJ Designs and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the amount contracted to JennJ Designs.
Customers whose accounts become default agree to pay all JennJ Designs reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Client Approval: Upon acceptance of the contracted project the client accepts responsibility for any further processes in which this work is used (e.i. book printing, printing of ads, flyers, etc.) unless otherwise agreed upon beforehand with JennJ Designs.
JennJ Designs is not responsible for errors occurring in this work or projects related to this work after final acceptance of the final work and the payment for said project by the client.
Stock Photography: JennJ Designs agrees to provide up to 5 stock photos during the web design process. Any photos acquired by JennJ Designs for inclusion in the client’s website remain the property of JennJ Designs and may be used in multiple, separate projects unless arrangements are made between JennJ Designs and the client before completion of the project. Should the client require full ownership of the provided photography, these terms must be disclosed in writing and agreed upon before the close of the project.
Copyrights and Trademarks: By supplying text, images and other data to JennJ Designs for inclusion in the clients website or other medium of work the client declares that it holds the appropriate copyright and/or trademark permissions for all materials provided. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. The client represents to JennJ Designs and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to JennJ Designs for inclusion in any project are owned by the client, or that the client has permission from the rightful owner of such elements for use in thier project, and the client will hold harmless, protect, and defend JennJ Designs from any claim or suit arising from the use of such elements furnished by the client.
Any software, code, plugin or other third party material used on a website blog or any other medium remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, and not that of JennJ Designs.
Should JennJ Designs, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow JennJ Designs to remove and/or replace the file on the site. The customer also agrees to fully indemnify and hold JennJ Designs free from harm and in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permission.
Ownership: You, the client, have ownership of the final design for use in any media application that is beneficial to you or business / organization. JennJ Designs retains the right to use the final design, or any versions of the design created in the process, within printed and online portfolios, including promotional materials such as newsletters and advertisements.
The client also gives JennJ Designs permission to use client’s full name and/or website address, for testimonial purposes on JennJ Designs website, or other business related media.
The client understands that it is the client’s responsibility to copyright the design at (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm) should they wish for it to be copyrighted legally and not that of JennJ Designs.
If a choice of design drafts are presented and one is chosen for your project, only that selected design is deemed to be given by JennJ Designs as fulfilling the contracted work. All other drafts and designs remain the express property of JennJ Designs and can be sold to other clients unless specifically agreed upon in writing by JennJ Designs before the end of the specified project in question.
Cancellation: Both parties understand that Client or Designer may terminate the service at any time if, for any reason, if the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, the client is responsible for payment for all expenses incurred and any work done towards the completion of the project based upon the percentage of the project completed that is determined by JennJ Designs up until the time of the agreed upon cancellation of the project. In the event of cancellation, JennJ Designs retains ownership of all copyrights and original work created for the project.
Performance Liability: JennJ Designs does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will JennJ Designs be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if JennJ Designs has been advised of the possibility of such damages.
Acceptance of Terms: Client promises to pay for all services rendered by JennJ Designs as agreed upon before the start of the project. Note that these terms are considered legally binding on all projects agreed too either by written email or via spoken agreement by phone.
All clients please make sure that you understand all of the terms and agreements outlined on this page before the start of any project.
Should you have any questions or concerns regarding any of these terms, please contact me before the project is contracted and any work begins.
By submitting a deposit payment to JennJ Designs, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business.