Terms And Conditions

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Terms And Conditions

Part I.

    This site is owned and operated by Jolly Moon (referred to as "Jolly Moon," "we," "us," or "our" hereafter).

    No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted or re-distributed in any way, except that bonafide clients may download one copy of the materials of their WebSite on any single computer for their non-commercial use only, provided that you keep intact all copyright and other proprietary notices.

    Modification of these materials or use of these materials for any other purpose is a violation of Jolly Moon's copyright. The use of any our material on any other web site or networked computer environment is prohibited.

    Under no circumstances, up to and including, but not limited to, negligence, or non-ability to perform shall Jolly Moon, be liable for any special or consequential damages that result from the use of, or the inability to use, the materials your WebSite or this site, even if Jolly Moon's authorized representative has been advised of the possibility of such damages.

    In no event shall Jolly Moon have any liability to a client for damages, losses, causes or other actions (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this site or upon contract.

     Jolly Moon will do everything reasonably possible to rectify and disagreement or discrepancy in performance of creating or manipulating your WebSite. Every effort humanly possible will be utilized to maintain your personal and private information.

Part II.

All services provided by Jolly Moon are subject to the additional following:

Acceptance

Payment of the retainer or deposit for your project is an acceptance of our terms and conditions.

Charges

 Charges for services to be provided by Jolly Moon are defined in the project quote that the client receives via email. All WebSite design services require a non-refundable retainer of 20% (unless otherwise specified) which is required prior to commencement of work, and will be applied to the final billing of the project. Jolly Moon will invoice on completion of the project. In the event that the project departs from the intended agreed compilation and requires further time for execution, billing will be twice monthly, on the 1st and 15th for actual hours at an hourly rate of $50.00 per hour. Due net ten (10). Once final payment for the project is received, the WebSite will be launched live on the Internet and all files will be released to the client. A late charge of 10% will be assessed to payments not received by due date and for each billing period (10 days) payment is overdue. No checks.

Shopping Cart

eCommerce Shopping Cart Services
 Client is responsible for securing merchant services account or third party payment processor for the shopping cart (i.e. signing up bank merchant services, PayPal, ProPay to accept credit cards).

Database Population
 Client is responsible for adding individual items to their shopping cart (you will be taught how to add, remove and edit the shopping cart), however if Jolly Moon is requested to fulfill this portion of the project, a per item fee of $3.00 per item will be charged.

Product Photographs
 Client is responsible for photographs of products to be added to the shopping cart, if Jolly Moon is requested to fulfill this portion of the project, an hourly rate of $50 per hour will be charged.

Change of Services

 Should change of project specifications or major revisions require further time for execution, Jolly Moon will bill at an hourly rate of $50.00 per hour. Additional static website pages will be billed at $30.00 per page for total up to 10, then $40 thereafter.

 All changes must be presented in writing or by email and agreed upon by both parties. Any changes to the work that are not a part of the original agreement will need to be re-agreed upon by both parties and additional fees may be incurred.

Business Hours

 Our business hours are the normal 0900 to 1800 (9:00am to 6:00pm). If you require work after these posted hours, on weekends or holidays there will be an additional service fee of $25 per hour added to your invoice.

Copyright

 Upon full payment only, Jolly Moon grants a non-transferable, exclusive license to use all materials produced in the completed project. Jolly Moonreserves the right to add the finished design to our portfolio and use marketing techniques to further both parties interests.

Design Credit

 Jolly Moon reserves the right to add a tiny link to your finished website stating “Jolly Moon”. This link from your completed website to the Jolly Moon website is not to be removed unless both parties have consented to its removal and a non-linking license fee is paid. Please contact us for licensing information.

Content/Project Completion and/or Maintenance

 If the project is not completed within 60 days time due to missing content from the client, the balance of the website design fee will be due on 70th day from date the initial retainer/deposit was received. When you present the content needed to complete the website under the scope of the quote, your content will be added to site at no charge to you.. Content presented that was not included in the scope of the quote will be added and billed at an hourly rate of $60.00 per hour.

WebSite Hosting

Client agrees to indemnify, defend and hold Jolly Moon and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys'fees, made by any person arising out of Client's violation of this Agreement, State or Federal Securities laws or regulations, or any other person's rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Jolly Moon or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages. In no event will Jolly Moonor its third party service providers be liable to Client or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by Jolly Moon. Jolly Moon and its third party service providers will under no circumstances be liable to Client and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if Jolly Moon or its third party service providers have been advised of the possibility of such damages, resulting from: (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any user data, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. Client agrees that Client will not in any way hold Jolly Moon responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Client Services.

Indemnification

 Under no circumstances will Jolly Moon be liable for any direct, indirect, incidental, consequential or punitive damages resulting from your use of the design services, except for claims which may arise from Jolly Moon's infringement of a third party’s intellectual property rights in connection with design components created or secured by Jolly Moon. To the extent that you supply Jolly Moon with any design elements, you agree to indemnify and hold harmless Jolly Moon from and against any claim, loss or damage, including its reasonable attorneys’ fees, resulting from the use of such design element. You further agree to indemnify and hold harmless Jolly Moon from and against any claim, loss or damage, including its reasonable attorneys’ fees, resulting from the content or intellectual property appearing in, on or through your website or linked websites.

Termination

 Termination of services by the client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honored until and unless confirmed in writing. Exact starting and ending dates must be established

Notice

 These Terms and Conditions supersede all previous representations, understandings, contracts and/or agreements. The payment of a retainer or deposit constitutes agreement to and acceptance of these terms and conditions. Payment online is an acceptance of these terms and conditions. Any failure of any portion of these terms, will not prevent the balance of terms from being enforced.