TERMS AND CONDITIONS

It is important that you as a client to have read and agreed to the terms and conditions before agreeing to a contract. We reserve the right to change these terms and conditions at any time in the future. If you have any queries please consult the terms and conditions below.

Agreement of contract
Your verbal, written, or email conformation, together with payment of the deposit, shall be deemed a contractual agreement and commissioned us to do the website. You also give us approval for work to start.

Cancellation
Once the client has commissioned us to create their website or part of their website the client has three days to decide not to proceed from the time the agreement was agreed. After three days a cancellation charge of 20% of the total package cost may be incurred. Cancellation will also exclude any rights you have to the domain name if purchased by us.

We will email you once you have informed us (by telephone, email or post) of your wish to cancel the website development. Any material sent to us in the creation of the website will be returned by recorded delivery.

Copyright
The supplier - JC Digitalmedia Production retains all rights to the intellectual property of all aspects of the website design, graphics, photographs, programming code until the total fees have been paid and cleared by the bank.

Client's copyright responsibility
It is the client's responsibility to ensure that materials e.g. graphics, photographs, text, logos, company or business name, trademarks, music files, audio and video supplied have been checked or researched and is not used by anyone else or infringes anyone else's copyright or intellectual property.

Policy on materials used
The supplier - JC Digitalmedia Production does not take responsibility for any copyright infringements caused by materials described above (but not limited to) submitted by the client. We also reserve the right to refuse any material of a copyright nature unless proof is given of permission to use such materials.

We will also refuse to use material of any illegal or inappropriate nature in website design. Materials includes (but not limited to) adult content, including pornography or otherwise lewd or obscene material.

The Client accepts full responsibility of all materials (Manuscripts/Text write-ups, images, video, audio, and graphics) supplied and absolves and indemnifies the supplier - JC Digitalmedia Production of any liability in the use of the material to create the website and will assume full responsibility for any violations and or legal action which may arise at any time in the future.

Use of Images
Images supplied or produced by us or a third party are obtained from licensed sources and the images may also be sourced as free from copyright restrictions. The uses of the images are for website use only. Should a client wish to use an image for (but not limited to) publicity, brochures, posters, advertising, any sort of printed publication. The client should check with us first to ensure that the images are allowed for such use.

The Client accepts full responsibility if they use images supplied by us for the uses listed above (but not limited to) and absolves and indemnifies the supplier - JC Digitalmedia Production of any liability in the use of the images and will assume full responsibility for any violations and or legal action which may arise at any time in the future.

Concepts of development
We will design 1-2 concepts as agreed between the client and us of a website, logo or trademark, which will be used to mock up a home page (index). This concept will then be used to design the rest of the website. Once the client has agreed a concept either verbal, write or email confirmation. That is deemed the concept for the whole website and work can begin.

Alterations
Should the client change their mind or wish to make significant alterations to the original concept or to the agreed contract. We reserve the right to charge the client an additional amount to cover the new changes, alterations, alternatives that the client now requires, to the website.

Alterations of the agreed job specifications shall be done in writing and conformed by both parties. Otherwise, the original specifications shall prevail.

Production Lead-time
Schedules shall be established and adhered to by both parties and neither shall incur liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of Government or civil authority and acts of God or causes beyond the control of customer or printer.

Project Delivery
The final web site design project will be published to the Client's hosting service upon receipt of final payment or delivered via CD upon the receipt of full payment. The Client understands that the supplier - JC Digitalmedia Production does not provide any hosting services in connection with this Web Design Project. Hosting services require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service which allows the supplier - JC Digitalmedia Production full access to the Client's account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.

General Website Design
All quotes of website designed are valid for 30 days. From the date they are sent to the client. After 30 days we reserve the right to amend the details, and fee of the quote.

All website are designed to W3C (World Wide Web Consortium) validation standards where possible and are designed to the client's specification. It is the client's responsibility to ensure that the website and the workings of the content comply with any online trading regulations and Laws. It is also their responsibility to ensure that the workings of the content continue to comply with any future changes to trading regulations and Laws with regards to accessibility of selling online in relation to their individual business or trade.

We can't guarantee a completion date of a website due to limiting factors and unforeseen circumstances. The client should allow a minimum 2 weeks from concept to completion, larger website (more than 10 pages) will take longer.

Liabilities
We can't be held liable for any costs incurred, compensation or loss of earnings whilst the website is being developed. We can't be held liable for work carried out by a third party or agent on your behalf. We can't be liable or involved in any dispute between a third party agent and a client or site owner.

Search Engine Optimization (SEO) and website promotion
The finished website will be SEO to the best of our ability if it has been agreed in the quote. Website promotion to the major search engines will be done if it has been agreed in the quote. The client is then responsible for any ongoing SEO and website promotion above what is agreed in the quote. Should the client wish to have ongoing SEO and website promotion carried out separate agreements will have to be arranged.

We can't guarantee, whilst making the website search engine friendly the client's natural search engine ranking. When redesigning a website it must be pointed out that it will affect the natural search engines ranking position possibly to a detrimental position. This will however pick up over time (Possibly 2 years).

Website Management
Once a website is completed, there is a period of 14 days when changes can be made to a website free of charge. After 14 days we reserve the right to charge the client for any changes to the text or pictures, which are not subject to their maintenance plan (see below).

There are three website classifications and maintenance plans:

1. First is a static website where the client's website stays the same year in year out. Changes to these websites will be charged either by the hour or half hour.

2. Second is a monthly change to text or pictures on any page only, once in a calendar month. Any changes not made in a calendar month cannot be carried over to the next month. Changes to navigation will be charged as per the price list and is excluded from changes to text and pictures. Further changes that the client wishes to make to the text or pictures in a calendar month will be charged either by the hour or half hour.

3. Third is a yearly plan where the client is charged on an annual basis. Any other further changes that the client wishes to make will be charged either by the hour or half hour.

Website Control
The client is given full access to files and email facilities so they can manage their website. This is done through a "control panel". Access to this control panel is with a username and unique password. It is important that the client keeps this secure and should not be passed to a third party.

A completed website is fully functional should any changes be made to the original code of the website be made without our knowledge and he website ceases to function in any way we reserve the right to charge to reinstate the original website.

Payment
The initial fee paid at the start of work is deemed to be the deposit. Once the client has given their verbal, written, or email conformation of work to start and the paying of the deposit. The deposit is not refundable.

Staged payments may be put in place for various stages of the project these are for larger jobs and put into the quote to which the client agrees to. Payment must be made once stage has been completed. Once the payment is made progress will commence on the next stage of work.

Once a website is completed an invoice will be sent be email and in the post. The client has 14 days from the date of the invoice to pay. Payment can be either by check or cash. Checks should be made payable to "JC DIGITALMEDIA PRODUCTION".

Overdue Accounts shall be charged a monthly interest of 2.5% per annum until its settlement. In case of a lawsuit, an additional sum equal to 25% of the unpaid amount shall be collected as attorney’s fees. Legal actions arising out of this transaction shall be settled according to the laws of the Republic of the Philippines and will be instituted in the courts of Cebu City.

Non payment of an invoice
After 14 Days I will contact you by email and or telephone. Should payment not be received after 7 Days the website will automatically be deactivated from the Internet and a deactivation of Php 500.00 fee will be required in addition to the final fees to have the website restored.