Terms and Conditions
Termination
Client may cancel at any time. To do so, Client must contact JNS at info@jellynecksolutions.com and request cancellation, being sure to include the domain name. This email must be sent from the account holder's email address on file. Client is entitled to a refund of unused monthly fees, excluding partially-used months. Upon termination, Client may request the site content that was either supplied by or subsequently added by the Client. If applicable, rights to website design are defined in the "Design" section below.
Design
Depending on what the Client desires, one of the following will apply.- Client website will be built on top of an existing JNS design template which contains pre-determined fonts, colors, layout, and in some cases imagery. Any design personalization above and beyond that of the design template will be supplied by Client (including, but not limited to logos, photos, flash movies, etc). JNS may at their discretion offer additional design assistance, but is not required to do so. Client may switch between designs at any time.
- Client website will be designed by JNS to Client specifications. A design mockup will be supplied by JNS. Client is entitled to no more than two rounds of revisions. Subsequent revisions will be subject to additional fees. JNS will attempt to satisfy all design requests, however, in rare situations, a request might not be possible, at which time JNS will notify Client of the limitation(s) and propose alternative ideas. Total design time shall not exceed eight hours unless otherwise agreed upon by both parties. The design (excluding Client content, logos, etc) will become property of JNS and may be offered to other clients that wish to use the design template. JNS assumes full rights to the design template and may use it at its discretion. Use of the design is strictly limited to JNS sites and may not be used, transfered or referenced by any other party.
- Client website will be designed by JNS to Client specifications. A design mockup will be supplied by JNS. Client is entitled to no more than two rounds of revisions. Subsequent revisions will be subject to additional fees. JNS will attempt to satisfy all design requests, however, in rare situations, a request might not be possible, at which time JNS will notify Client of the limitation(s) and propose alternative ideas. Total design time shall not exceed eight hours unless otherwise agreed upon by both parties. The design will be property of the Client and not used by any other JNS websites. Client retains full rights to the design. JNS agrees to limit usage solely to the Client and will supply html code and all imagery related to the design template upon request. Additionally, in the event of cancellation of the site, JNS agrees to retire the template so that no other clients may use it, even if Client does not continue to use it (excluding self-promotion, see "Promotional Consent" section below).
- JNS will create a design template from the existing Client web design. Although reasonable attempts will be made to use the same look and feel, there may be instances where the design and/or layout and/or functionality will differ due to the differences between web platforms and/or web technologies. The design will be property of the Client and not used by any other JNS websites. Client retains full rights to the design. JNS agrees to limit usage solely to the Client and will supply html code and all imagery related to the design template upon request. Additionally, in the event of cancellation of the site, JNS agrees to retire the template so that no other clients may use it, even if Client does not continue to use it (excluding self-promotion, see "Promotional Consent" section below).
Domain Name
Depending on what the Client desires, one of the following will apply.- JNS will reserve one domain name on behalf of Client for a period of one year and automatically renew for as long as the site is under JNS management. Client will own the domain as the official registrant. JNS will be the technical and administrative contacts. JNS will make a reasonable attempt to register a requested domain name, however, domain names are not guaranteed to be available. When the domain name comes up for renewal, JNS will automatically renew it for another year. An annual renewal fee will be charged to the Client at the then-current rate (currently $25). JNS reserves the right to refuse registration of a domain name if it feels it is inappropriate. Client may request an account transfer or registrar transfer at any time. A one-time fee of $25 will be charged by JNS for registrar transfers.
- JNS will transfer registrars of an existing domain name that is already owned by Client to the registrar used by JNS for a fee of $25. Upon successful transfer, JNS will automatically renew it for as long as the website is under JNS management. When the domain name comes up for renewal, JNS will automatically renew the domain name for another year. An annual renewal fee will be charged to the Client at the then-current rate (currently $25). Client will continue to own the domain as the official registrant. JNS will be the technical and administrative contacts.
- Client will purchase and/or maintain a domain name and be responsible for renewing it for as long as Client desires. JNS will supply configuration settings to Client so that Client can update these settings at the domain registrar OR JNS will log in to the domain registrar and update the configuration settings at Client's request. Client is solely responsible for all maintenance and renewal of the domain name.
SEO (Search Engine Optimization)
JNS offers the following SEO features at no additional cost.
- Dynamic XML sitemap
- Dynamic robots.txt file with location of XML sitemap
- To avoid duplicate content penalties, all secondary domain names are permanently redirected (301 redirect) to an agreed-upon primary domain name.
- Search-engine-friendly URL's.
- Keyword and description meta tags
- Unique page titles
- Spider-friendly navigation links
- Hierarchically-structured page content (using tags, unordered lists, etc)
- Clean, W3C-validated HTML
- Cross-browser compatibility
- Use of alt and title attributes
- Google analytics integration
- Dynamic RSS feeds (RSS 1.0, RSS 2.0, Atom)
- Simple integration of social networking links and widgets.
- Search engine submission to Google, Bing, Yahoo! and Ask.com
Note: Although JNS provides these SEO features, neither JNS nor any other company can guarantee specific results on any search engine.
Promotional Consent
In order to promote services to other clients, JNS may reference the site as a sample of capabilities. Such references may include (but are not limited to) web, print and verbal communications. Self-promotion may continue even after cancellation or termination of this agreement. If Client wishes to be excluded from such promotions, Client must provide a written request to JNS.
Proprietary Content
The Client will own and retain full rights to all supplied content including text, images and pdf files. This includes content supplied initially for the site creation, as well as anything added by the Client thereafter. JNS owns all other files and proprietary code. JNS owns all rights of the platform upon which the Client site is built.
Bandwidth and File Storage
The media library is a convenient storage area where all uploaded images and pdf documents reside for use on web pages. Client is allowed a total of 100MB of media library files to be hosted on JNS servers. If this limit is exceeded, a surcharge may be billed to Client at $5 per month. Size of all other files is not counted against allowance. Bandwidth of media library files is not to exceed 200MB per month (approximately 2.3GB per year). If this limit is exceeded, a surcharge may be billed to Client at $5 per month. Bandwidth of all other files is not counted against allowance.
E-Commerce
Depending on what the Client desires, one of the following will apply.
- JNS will purchase and configure an SSL certificate so that transactions can be securely transmitted to the merchant processor gateway via use of "https" protocol. A dedicated IP address will also be included. JNS will configure tax and shipping costs. Client will be responsible for configuring payment gateway (including, but not limited to, response messages/emails). JNS will add up to ____ products to Client website (including item attributes such as name, item #, price, photo, and categorization). Client will be responsible for adding additional products, however, JNS will attempt to automate product setup as much as possible to save time for Client. At no point can the number of unique products exceed 500. JNS will place a test transaction after the site is live using a real credit card. JNS may also periodically place test transactions for the purpose of quality assurance. Client will need to immediately void any test orders so credit card does not get charged and order does not get fulfilled.
- JNS will configure either Paypal and/or Google Checkout on website. Because checkout process will be hosted by Paypal and/or Google, Client is responsible for configuring accounts at Paypal and/or Google (including, but not limited to, taxes, shipping costs, response messages/emails). JNS will add up to ____ products to Client website (including item attributes such as name, item #, price, photo, and categorization). Client will be responsible for adding additional products, however, JNS will attempt to automate product setup as much as possible to save time for Client. At no point can the number of unique products exceed 500.
- Not applicable. Website will not be e-commerce.
Terms
- Client may not use website to spam in any way, shape or form.
- Client agrees that all content on website is either Client's own property or that Client has permission to have it on the site.
- Under no circumstances, including negligence, shall JNS, its officers, agents or any one else involved in creating, producing or distributing JNS services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use of JNS services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to JNS records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on JNS Server service.
- Client agrees that it shall defend, indemnify, save and hold JNS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against JNS, its agents, its customers, resellers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless JNS against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with JNS equipment; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold using JNS services.
- JNS may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue to change the services offered.
- This Agreement shall be governed and construed in accordance with the laws of the State of Illinois and of the Internet.
Acceptable Use
- JNS reserves the right to suspend or cancel a customer's access to any or all services provided by JNS, where JNS decides that the account has been inappropriately used. JNS reserves the right to refuse service and/or access to its network to anyone.
- Websites must not contain Warez, copyrighted or other illegal material. The onus is on the Client to prove that Client owns the rights to publish material.
- JNS forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banners advertising any adult website(s), child pornography, and distribution of adult website passwords. Clients whose accounts are found in violation of this policy may, at the discretion of JNS, have their account(s) terminated without notice.
- Client may not store Social Security Numbers or Credit Card info in the database or anywhere else on the website. Violation of this term, whether known or not to Client, may result in substantial penalties by JNS or Client's customers.
- JNS will make every reasonable attempt to ensure up-time of the website, however, shall not, in any event, be liable for interruptions of Service or down-time of the Services, whether planned or unplanned.