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Jamaica Website Design and Hosting-HB Jamaica

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Terms & Conditions       

 HB Jamaica desire is to delight the client. One way is to make clear our understandings with each other. These are the terms of our agreement together:

1. Authorization. The above-named client is engaging  HB Jamaica as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the client's web space on our web hosting service's computer or another of the client’s choosing. The client hereby authorizes HB Jamaica to access this account, and authorizes the web hosting service to provide  HB Jamaica with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes  HB Jamaica to publicize their completed website to Web search engines, as well as other Web directories and indexes.  HB Jamaica includes the following elements in their Standard Website Packages:

 

E-mail Accounts.  Words of text supplied by the client (200 words per page approximate maximum if not supplied via diskette or email.)
 

Links to external pages, according to package purchased.

Photos and other misc. graphic images supplied by client (up to an average of 3 included per page in standard websites)  HB Jamaica has graphic images on file that the client may include on their web site at no additional cost.

 

Minor updates and changes to existing web pages for customer who host their site with us as long as it is within their purchased plan. This does include any MINOR modifications and tweaking to work out backend database bugs and functionality, insertion/removal of text and images. This does not include adding features past the scope of this project outlined in Planning Worksheet which is outline in this agreement. For client's not hosting with us:  Once the client approves the site and it's launched at their domain name, no additional updates will be allowed for free.

KeyPhrase Optimization & Meta Tag Generation will be set up on all static pages on a one-time basis, if the client submits the key words and description by email.  HB Jamaica will, however, submit the URL of all client site to Yahoo, Google and MSN at no additional cost.

2. ALL Website Packages. The content (text and graphics) of the web pages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet or Order Form" . The Client has chosen and agreed to pay for the plan chosen as noted on the official invoice or paragraph 13 of this agreement.  Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the hourly rate or the Client may upgrade to another plan and pay the additional cost associated with the upgrade. Within the eCommerce packages, each item is counted by the amount of different prices to be entered within the database.  Cost of plan chosen WILL NOT vary as long as the Client stays within the perimeter of the original chosen plan.  Please note that normal page length will not exceed 11 x 14 without additional cost.  All content management website with a database requires a 2 year minimum hosting agreement before the website is allowed for any transfers to another hosting company. All hosted Versions of HB Jamaica Ecommerce Websites are properties of HB Jamaica. Upon ending the terms of the hosted period, clients may reinstall their hosting plan to continue with the Ecommerce hosting .Please note that HBJamaica brands all of its websites designed including external hosted packages.  Though you may have ownership rights to the site and may make any changes necessary to the site, the branding of the site will remain unless an additional fee is paid.  Unauthorized removal of HBJamaica's branding will result in automatic suspension of website until branding removal fee is paid.
 
3. Maintenance and Hourly Rate. This agreement includes minor web page maintenance to regular web pages for customers hosting with us. It does not include removing nearly all the text from a page and replacing it with new text. The update period commences upon the date the client's web site is officially published to the web and all monies paid. Once the client’s site has been published to their domain name, design work will incur an additional cost, however customers may use their FREE update hours towards maintenance at no additional cost. (see paragraph 13) The updates will be completed within 24 hours unless otherwise indicated to the Client. All update requests MUST be submitted by email in the exact wording to be added to the site. Images to be replaced MUST be submitted in its final format as a .jpg file.  HB Jamaica will not change any text or images without client incurring additional charges. Customers not hosting with us will not receive any free updates.

4. Changes to Submitted Text. Please send us your final text. You are fully responsible for submitting all the text information for your website. We will not reword any of your text submitted. If you require our service of rewording or originating the text for your website, please notify us.

5. Completion Date.  HB Jamaica and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website within __1-2.5___weeks from the point of receiving ALL information (complete text and graphic content) and payments for this website project. This project completion date is affected by the date the initial deposit is received, as well as  HB Jamaica receipt of complete text and graphic content from the client. The completion date counting will begin after  HB Jamaica has received ALL information (complete text and graphic content) and payments for this website project. If the client does not supply  HB Jamaica complete text and graphics content all web pages contracted for within four weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within six weeks after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published.

6. Payment of Fees. Fees to  HB Jamaica are due and payable on the following schedule: 50% upon signing this contract, 50% when the web pages have been constructed and proofed according to the client's original written specifications unless other arrangements have been agreed upon. The web site will be published on the World Wide Web once all monies due are paid. All monthly hosting charges must be prepaid (minimum 3 months in advance based on the Client’s chosen plan).  Payment options are available upon request for two year agreements only..

  
The pre-paid hosting charges are non-refundable since that area of our server has been reserved for the client for that period. After approval of site, all payment made are non-refundable.  All domain registration fee is non-refundabel.  Hosting prices are subject to change at the end of your pre-paid period with notice. Renewed hosting period will be subject this agreement.
PLEASE MAKE YOUR PAYMENT IN A TIMELY MANNER AT JAMAICA NATIONAL BILL PAY. We accept Cash, Cheques, and all major credit cards via PayPal including EChecks. ALL CHEQUE PAYMENTS WILL BE MADE IN JA FUNDS MADE OUT TO THE TRADESMAN HB Jamaica.

7. Legal.  HB Jamaica does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages 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  HB Jamaica 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  HB Jamaica has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

8. Copyrights and Trademarks. The client represents to  HB Jamaica and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to  HB Jamaica for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend  HB Jamaica and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

9. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend  HB Jamaica and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. Client agrees not to send any Spam email.


10. Payment of fees
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In order for  HB Jamaica to remain in business, payments must be made promptly. Delinquent bills will be assessed a $1,500 charge if payment is not received within 10 days of the due date. HB Jamaica reserves the right to remove web pages from viewing on the Internet until final payment (including late charges) is made.  If an amount remains delinquent 30 days after its due date, an additional fee of $3,000 will be assessed and 15% penalty will be added for each month of delinquency and the website will be "turned off from public viewing with a Splash Page stating that the web site is undergoing routine maintenance. Any statement from the client that payment will not be made in the future, then HB Jamaica reserves the right to "turn off " the web site at any given time past the actual due date. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Please pay on time. Please note that hosting fee calculation will begin upon the launching of the framework to the client’s domain name.


11. Ownership of Website.

11.a Content Management Systems.

1. Hosted Version CMS WEBSITES. (Any Website Designed By HB Jamaica with Content Management Panels)
Customers contracted to HB Jamaica  Hosted Version Ecommerce and Website  Plans, may purchase the rights and branding of the website if desiring to transfer to an external Host at any time. Purchase price will reflect HB Jamaica full cost of the Package. Upon paying for ownership of your website (contract price, all past due amounts and fees, etc), one copy of the website will be given to you within 7 business days by email zipped (at the client's request only) at no additional cost. Product will be considered received when website is loaded to the domain name instructed and authorized by client.Additional request will result in a charge. The client account must be in good standing and current before the website is given to the client.

 

2.External Hosted CMS WEBSITES 
Clients choosing to have their Website design and host externally will attrack external hosted prices. All websites design by HB Jamaica is branded by HB Jamaica, branding removal is available for external hosted plans at a one time cost of US$250.00. Upon paying for ownership of your website (contract price, all past due amounts and fees, etc), one copy of the website will be given to you within 7 business days by email zipped (at the client's request only) at no additional cost. Product will be considered received when website is loaded to the domain name instructed and authorized by client. Additional request will result in a charge. The client account must be in good standing and current before the website is given to the client.


HOSTED VERSION  NONE CMS WEBSITES

None CMS websites design by HB Jamaica must have a minimum of consecutive 2 years hosting on our  Hosting Server prior to receiving their website zipped and emailed for free. After two years of hosting, administrative panels except the cpanel and editing software within the cpanel such as the html editor, etc will be given to the customer upon request for free. Only one copy will be given to the client upon written request from the client.  Additional copies will incur a cost. Client has full ownership of domain name and website once their account is in good standing.


12. Sole Agreement.
The agreement contained in this "Web Site Design Agreement" constitutes the sole agreement between  HB Jamaica, its subcontractors, and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for one month after anticipated completion after all parties sign this contract and contract is paid in full. Continued services after that time will require a new agreement.


If the client halts work and applies by registered letter for a refund within 30 days of signing this contract, to  HB Jamaica, The Trade Centre, Phone (876) 979-0771, work completed shall be billed at the hourly rate stated above ($2,500 per hour), and deducted from the refundable portion of the payment. The balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of the initial 50% deposit will be refunded unless HB Jamaica has not begun working on the site. No portion of additional payments will be refunded unless written application is made within 30 days of signing this contract.  No refund on Domain Registration Fee.