Please read these
terms and conditions carefully, and keep for future reference.
J&C Ranch Web Design and/or John and/or Cynthia Underwood (hereinafter
referred to as “The Company”)
provides Web Site Design, Maintenance & Updates and other similar
services, (hereinafter referred to as the
The Company reserves the right to suspend or cancel a customer's
access to any or all Services provided by
The Company when the Company decides that the account has been
inappropriately used or that these Terms and Conditions have been
broken in whole or part. These Terms and Conditions supersede all
previous representations, understandings or agreements, unless
specifically agreed otherwise by both Parties. All work is
carried out by The Company on the understanding that the client has
agreed to The Company terms and conditions.
The Customer agrees that it shall defend, indemnify, save and hold The
Company harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable
legal fees asserted against, its agents, its
customers, officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any product
sold by the Customer, its agents, employees or assigns. The Customer
agrees to defend, indemnify and hold harmless The Company against
liabilities arising out of any injury to person or property caused by
any products sold or otherwise distributed in connection with The
Company limited; any material infringing or allegedly infringing on
the proprietary rights of a third party or causing a copyright
infringement and any defective products sold to customer from The
1.3 Governing Law
This agreement shall be governed by the laws of Hays County in the
State of Texas.
2.0 Web Site Design Services
All web design services provided by The Company to the Customer are
subject to the following terms and
2.1 Scope of Work and Price Agreement
Charges for Services and what is included for Services is provided at
the bottom of this document and on
the Home Page of The Company website at www.jcranchwebdesign.com. The
Company reserves the right to change prices at any time. Every
endeavor will be made to notify the Customer of any price changes.
Notifications will be made by email. The Customer must maintain a
current email address with the Company. The Company assumes no
liability for emails not received by the Customer.
2.2 Payment Clause
All services for new websites to be prepared and/or designed by The
Company require a deposit of $150.00
before work can commence.
Services provided for existing customers for maintenance and updates
are billed at the rate shown on the Home Page of The Company website
at www.jcranchwebdesign.com. Invoices are provided for each new
quarter on or about the 25th day of the third month of current
quarter. Payments are due by the 15th of the 1st month of the billed
quarter or a $10.00 (Ten Dollars) late fee will apply.
Accounts unpaid 30 (thirty) days after the date of invoice will be
considered in default. The Company will remove, without obligation of
notification, all material and graphics from the host server and
internet. This will include the removal of the Customer link to
various other related business websites.
The Company is not responsible for any loss of data incurred due to
the removal of the service. Removal of such material does not relieve
the Customer of the obligation to pay any outstanding charges assessed
to the Customer's account. Customers with accounts in default agree to
pay The Company reasonable expenses, including legal fees and costs
for collection by third-party agencies, and removal of Customer link
to various other related business website incurred by The Company in
enforcing these Terms and Conditions.
Upon receipt of amount due in full, The Company will completely
restore all material to the host server and
internet. The Customer will be responsible for any costs occurring for
the time spent to upload those files to the host server and internet
as well and any other service such as re-adding the Customer’s link to
other business related websites.
The Company and the Customer have the right to Termination of services
at any time. Written notice is required of termination.
If the Customer account is in good standing and there is no default on
any invoices or account, all web site
content, i.e. text and images provided by, or entered into the system
by the customer and/or their clients, remains the property of the
customer. The Customer can freely download all materials and graphics
from the host server and internet.
Master files for graphics designed by The Company remain the property
of The Company.
The Customer retains the copyright intellectual property rights to
data, files and graphic logos that are provided by the Customer, and
grants The Company the rights to publish and use such material. The
Customer must obtain permission and rights for the use of all
information, content, images or files used on the web site and in
other graphic design media that are copyrighted by a third party.
Should The Company, 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 The Company to remove and/or replace the file on the site
without notice. The Customer agrees to fully indemnify and hold The
Company free from harm in any and all claims resulting from the
customer in not having obtained all the required copyright, and/or any
other necessary permissions.
The Company retains the copyright on any page design, layout, and
graphics designed and/or furnished by The Company until written notice
is provided to relinquish said rights.
2.6 Changes to Site
You have 2 weeks (14 days) from launching of the website within which
to request minor amendments /
enhancements to the website and to correct errors free of charge.
Thereafter all changes done by The Company are currently charged at
the rate agreed to.
2.7 Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement
assumes that any text will be provided by the Customer in electronic
format (ASCII text files delivered on disk or via e-mail) and that all
photographs and other graphics will be provided by the Customer and
will be of sufficient or appropriate quality print suitable for
scanning or, alternatively, electronically in .gif or .jpeg format.
The Customer agrees to supply The Company with all necessary
materials, electronic, or otherwise, required to create and complete
the project, and to supply them in a timely manner.
Images must be of a quality suitable for use without any subsequent
image processing, and The Company will not be held responsible for any
image quality which the client later deems to be unacceptable. The
Company cannot be held responsible for the quality of any images which
the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action,
including, but not limited to, photography and art direction,
photography searches, media conversion, digital image processing, or
data entry services.
Although the Company will, upon request, return to the Customer any
images or printed material provided for use in creation of the
Customer's Web site, such return cannot be guaranteed and it is the
responsibility of the Customer to retain the original or a back-up
copy or to employ suitable Disaster Recovery procedures.
2.8 Post-Placement Alterations
The Company cannot accept responsibility for any alterations caused by
any other party to the Customer's web site once installed. Such
alterations include, but are not limited to additions, modifications
or deletions. Content should not include any text, images or other
data which it deems to be immoral, offensive, obscene or illegal. All
advertising material must conform to all standards laid down by all
relevant advertising standards authorities.
The Company also reserves the right to refuse to include submitted
material without giving reason. Any images and/or data that The
Company does include in all good faith, and then finds out that it
contravenes these Terms and Conditions, the customer is obliged to
allow The Company to remove the contravention without hindrance, or
penalty. The Company is to be held in no way responsible for any such
data being included.
3.0 Web Site Services
All web site support provided by The Company to the Customer are
subject to the following terms and conditions and supplement our
standard terms and conditions above.
The Company reserves the right to refuse services to anyone should it
decide that the account has been used inappropriately or otherwise.
The Company will not allow any of the following content:
Illegal Material - This includes copyrighted works, commercial audio,
video, or music files, and any material in violation of any
International, National, or Local Government regulation.
Adult Material - Includes all pornography, erotic images, or otherwise
lewd or obscene content. The designation off "adult material" is left
entirely to the discretion of The Company.
The Customer will be held responsible for all the content in their
website and for any claims or damages resulting from its content.
The Company will not be responsible for any damages your business may
suffer. The Company makes no
warranties of any kind expressed or implied for services we provide.
The Company disclaims any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting from delays,
copyright infringements, non-deliveries, wrong delivery, and any and
all service interruptions caused by The Company and its employees or
third parties. The Company reserves the right to revise its policies
at any time. We reserve the right to cancel your account at any time
without notice. We reserve the right to amend and update these Terms
and Conditions at any time without notice.
Design, Hosting and Maintenance Charges
Development of your web site is only
$200.00 for a home page plus three additional pages, to display your
choice of photos and text. This price also includes a hit counter, if
desired, and personally designed navigation buttons.
Additional page development: One time charge of $25.00 per page if
using the same background and design.
If you already have a web site, but are not happy with it, we can
re-build your site, to your specifications. Contact us for a quote on
~ Hosting ~
Hosting is putting your web site on a server that is connected to the
internet. Web site hosting is available for $25.00 a month, payable
quarterly, in advance. We will obtain the domain name of your choice
(providing it's available), if requested. If we obtain your domain
name for you, we will renew it annually and include the cost of the
domain name in the next invoice. At this time, domain names are billed
at $15.00 annually.
~ Maintenance ~
There are three options for updating web pages (maintenance), which
includes scanning photos, adding photos, changing or adding text,
keeping your web site up to date and fresh:
1. Maintenance with Hosting:
If we host your web site, maintenance will be $10 per month (payable
quarterly, in advance) for unlimited changes. No hourly fee
2. Maintenance with No Hosting:
If we do not host your web site, we will do "maintenance only" for $20
per month (payable quarterly, in advance) for unlimited changes. No
hourly fee added.
3. Hourly Maintenance
If you only plan on making a few changes per year and do not wish to
pay quarterly during periods when you're not making changes,
maintenance can be billed at a rate of $25 per hour, with a 30 minute
minimum, whether we host your site or not.
Routine maintenance will usually be completed within 24 to 48 hours.