Terms And Polices

I. PRIVACY POLICY

We dislike spam as much as you do. We will never share your information with third parties unless required to do so by law or requested by you. The information we collect from you will be used to maintain your services with us and to represent the quality of our work to others, such as in our online portfolio.

II. OWNERSHIP OF WEBSITE DESIGN

Upon completion of a custom website design and full payment of web design and development fees, the client is the owner of the commissioned website. The client may continue to use the commissioned website to promote the client’s company or organization regardless of whether he/she chooses to continue further services with Jolly Creative Agency. The client does not have the right to resell the design or development to other companies. The client does have the right to add pages onto the existing site or have another company add pages onto the existing site using the commissioned website design/development. The client does not have permission to reuse pieces of our work in a redesigned website that gives another company design credit.

III. OWNERSHIP OF WEBSITE DOMAIN NAME

Website domain names are leased from domain name registration companies. When Jolly Creative Agency registers a domain name for a client, that registration will be made in the client’s name. Upon full payment of any outstanding fees, the client has the right to use that domain name regardless of whether he/she chooses to continue further services with Jolly Creative Agency. Domain name renewal and renewal fees are 100% the responsibility of the client. If the client chooses to have Jolly Creative Agency renew the domain name on behalf of the client, an additional service fee will apply. Clients are advised to closely monitor the renewal date of a registered domain name and to verify that the renewal of said domain name has been completed. Jolly Creative Agency cannot be responsible for expired domain names.

IV. OWNERSHIP AND COPYRIGHT

All text and photos used as content in a commissioned website must be provided by the client (unless the client has hired Jolly Creative Agency for content development). The client must have ownership or written permission to use all content he/she provides for use. It is up to each client to ensure his/her design and/or content does not infringe on any trademark, service mark, or copyright. Jolly Creative Agency cannot be and is not responsible for intellectual property infringements on behalf of clients. Also, Jolly Creative Agency cannot be and is not responsible for submitted content. Clients should not mail irreplaceable photos or documents or send content that must be returned.

V. PROJECT INITIATION

The initiation of a web design or development project requires a signed or electronically submitted signed Project Agreement Contract, payment of half of the initial web design/development fees (or payment in full if the entire project is $1,000 or less), plus the client logo and/or any other web content that is required to be used in the design. (Web content is the textual, visual or auditory content that is encountered as part of the user experience on websites.)

VI. PROJECT TIMLINESS REQUIREMENTS FOR CLIENTS

Projects can be hindered if the client does not provide feedback or required elements in a timely manner, such as feedback on a design mockup, requested sitemaps, text to be used as content on the web pages, images for either the design or for the content, the client’s logo, appropriate account login information, etc. For that reason, if Jolly Creative Agency is waiting for content or other pieces of information, the client will be notified. If the client fails to handle the requests within ten business days, then Jolly Creative Agency will take any or all of the following steps to keep the project moving forward in a timely manner:

MOCKUP FEEDBACK – If the client does not give feedback on the design mockup within ten business days, by default, the mockup is approved. Later, if the client wishes to change the design, additional charges may apply.

SITEMAPS OR PAGE NAMES – If the client fails to provide the requested list of web pages within ten business days, by default, Jolly Creative Agency will assign page names. If the client later wishes to change these page names, additional charges may apply.

CLIENT LOGO – If the client fails to provide a copy of an existing logo within ten business days, a substitute logo or company name graphic may be used. If the client later wishes to change the substitute logo or company name graphic, additional charges may apply.

PHOTO TO USE IN DESIGN – If the client has requested the design include a particular photo, and the client fails to provide the required photo within ten business days, a substitute photo may be used. If the client later wishes to change the substitute photo additional charges may apply.

HOME PAGE TEXT – Jolly Creative Agency will provide a content writer for home page text. If, for a period of ten business days, the client fails to be available for a telephone interview with the writer, then the writer will compose the initial text without having interviewed the client, that text will be automatically used, and the client may change it later himself using the content management system (CMS). If the client is available for an initial interview in a timely manner, then the writer will also provide one round of revisions after the initial text has been written. If, for a period of ten business days, the client fails to offer any feedback on the home page text provided, then by default, that text is approved, and the client may change it later himself using the content management system (CMS).

TEXT AND OPTIONAL IMAGES FOR ALL OTHER WEB PAGES – Unless the writer has been hired for additional pages, it is the client’s responsibility to provide content for all other pages in the website. If the client provides all text (and optional photos) within ten business days, then Jolly Creative Agency will add that content to the website. If the client fails to provide content for those pages within ten business days, then Jolly Creative Agency will complete those pages with simple placeholder text such as, “ABC Client offers many XYZ Services. For more information, please contact ABC Client.” The client will have the ability to add more complete content later using the content management system (CMS).

OTHER ELEMENTS OR ADMINISTRATIVE DUTIES – There may be other elements required such as passwords for existing domain names, etc. Regardless of what element may be required, if the client cannot or will not provide the required element or information within ten business days, Jolly Creative Agency reserves the right to make substitutions, leave elements out, or take other actions in order to complete the project.

ANY OTHER DELAYS – If more than 30 days have passed since the client signed the initial Project Agreement Contract and there has been no communication from the client, Jolly Creative Agency will consider the project complete in its entirety and bill for the completed project.

VII. HOW CONTENT MAY BE SUBMITTED

All content must be submitted electronically via email (contact us for the correct email address). Text must be selectable as actual text rather than as flattened images. Both text and photos/graphics must be clearly labeled with the name of the page on which it will be displayed. Content may not be submitted via fax or paper copies. Exceptions to this policy must be approved in advance and will incur a surcharge.

VIII. HOW REVISIONS TO A WEBSITE DESIGN ARE HANDLED

The web design mockup and or mood board or wireframes, describe the look a commissioned web design project will achieve. Design preferences, such as the look of the site, the color scheme, the functionality, etc., should be specified at that time, prior to approval and commencement of any online development. If the client develops preferences or changes his/her mind after the completion of the work, adjustments will be made by the hour at $95.00 per hour.

IX. DESIGNS FOR SUB PAGES

Unless otherwise specified in the design contract, subpages of any website will use the same design as the home page. Mockups are not provided for sub pages. Formatting requests for sub pages will be considered but will not be guaranteed. If the client requires specific looks or formatting for sub pages, this request should be made at the time of the initial contract and may incur additional fees.

X. PAYMENT POLICIES PROJECT FEES

A non-refundable deposit of one-half of the initial website design and development fees is due upon project initiation. Upon project completion, the remaining balance is due in full within ten (10) business days. Depending on project size or timeline a third payment midway through project may be required.

GOING LIVE – Once the remaining balance is paid in full, the completed website will be moved from the staging server to the client’s server so the website will go live.

LATE FEES – Final payment must be made on or before due date (within ten business days from issued invoice date.) Late Fees: After due date an additional 10% of total outstanding balance will be added to the sum due for every 10 days of delinquency. Payment not received within 30 days of due date will be considered a closed account, thus nullifying the work agreement, entitling the client to no Rights to said work(s) and no refunds. Balances that are not paid within 30 days will be reported to a credit bureau. Balances that are not paid within 60 days will be turned over to a collections agency.

WEBCARE℠ MONTHLY RECURRING FEES – You agree to allow Jolly Creative Agency to charge your Credit Card on the date your Agreement is received by Jolly Creative Agency. This will be your start date for WebCare℠ services. You agree that you will be charged recurring payments each month from the start date under this Agreement. In the event that Jolly Creative Agency is unable to withdraw the monthly fee for any reason, Jolly Creative Agency may terminate your service within 30 days of the date that the monthly fee was due and you will remain obligated to pay Jolly Creative Agency for any unpaid amounts. All monthly fees are non-refundable.

WEBCARE℠ TERMINATION – You may terminate your monthly WebCare℠ services at any time on or before the last day of the month. To terminate your service please send your written request to WebCare℠ Support at webcare-support@jollycreativeagency.com. In such an event, all your recurring monthly website services with Jolly Creative Agency will cease at the end of your monthly service cycle. Jolly Creative Agency reserves the right to terminate this Agreement if you breach the terms of this Agreement or any other agreement into which you have entered with Jolly Creative Agency. In the event that Jolly Creative Agency terminates your services, you will not be refunded any balance.

XI. BILLING ERRORS

If a billing error is noticed, the client should immediately contact Jolly Creative Agency. Refunds of overpayments will be made for up to a maximum of three months, so clients are urged to check billing statements regularly. Refunds of more than three months will not be processed. Additionally, Jolly Creative Agency reserves the right to bill clients for accidental undercharges for a maximum of up to three months.

XII. LICENSE OF RIGHTS/COPYRIGHT

Subject to Designer’s portfolio rights below, Designer grants to the Client the exclusive, perpetual and worldwide rights to reproduce, display, distribute, and create derivative works based on, the selected final design in all media. All preliminary, unused, and in-progress artwork remains the property of the Designer and no rights to use such preliminary works are granted here under. Under U.S. Copyright law, Designer retains all copyright in and to the preliminary works and the final design.

XIII. PORTFOLIO RIGHTS

Designer retains the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs in Designer’s portfolio and website, and third party trade publications or exhibits, solely for the purpose of promoting or exemplifying Designer’s work, and the right to be credited with copyright ownership and authorship of the designs in connection with such use.

XIV. SEARCH ENGINE GUARANTEE

Most every client would like his/her website to rank high in search engine results for selected keywords, yet search engine results are determined by a multitude of constantly changing factors, third party search engines, and the amount and quality of competition on the world wide web. Jolly Creative Agency guarantees certain search-engine friendly techniques will be used in the creating of each custom website, such as keywords in the title bar at the top of the browser, the meta tags in the hidden coding behind the scenes, and alternate text behind some images. If the keyword placement in these three areas is not to the client’s liking, Jolly Creative Agency will change these three items to the client’s choices one time for free. Subsequent or additional changes will be billed at the standard hourly rate. Jolly Creative Agency cannot be held responsible for search engine results.

XV. QUALITY GUARANTEE

We take pride in offering high quality services and professional customer service. While we make an effort to ensure every aspect of our service is to the client’s liking, we cannot control every variable. It is up to each client to regularly test the functionality of his/her website and any other product or service to ensure everything works as desired. If any problem is discovered or error has been made, please report the problem to us immediately so we may take appropriate action. We cannot be and are not responsible for any perceived loss of revenue under any circumstances. Changes resulting from a client’s error and/or problems related to third party vendors or technology, such as hosting servers or browser software may result in additional charges.

XVI. TERMINATION OF SERVICES

If the client changes his/her mind about doing work with Jolly Creative Agency during the course of the initial web design or development phase, the client will be responsible for the amount of work already completed. Depending on the amount of work completed at the time of cancellation, this may mean owing additional fees. In order to protect clients from unintentional service interruption, clients wishing to terminate any services must request the service termination in writing.

XVII. THIRD PARTY VENDORS

Third party vendors may have separate terms of service agreements. Jolly Creative Agency cannot be held liable for disputes with third party vendors, regardless of whether or not the service is part of a reseller agreement or referral. Jolly Creative Agency cannot be held responsible for lack of functionality or any other aspect of third party services.

XIII. REFUSAL OF SERVICE

Jolly Creative Agency does not accept projects that promote hate, intolerance, abuse, discrimination, pornography, animal exploitation, or any other unethical practice. Jolly Creative Agency reserves the right to decline to do business with any client for any reason.

XIV. CHANGES TO TERMS OF SERVICE

Jolly Creative Agency reserves the right to change these terms of service at any time for any reason.