Terms of Service
Sep 07, 2009
Jonathan H Logan will create a custom web site tailored toward Your reasonable expectations. Custom site creation may consist of open source coding. The service will include an initial interview, presentation of the initial design (25% completion), a round of revisions (50% completion) and final walk through.
Jonathan H Logan will require all content copy and high quality images for inclusion in your custom site before project start. All material must be supplied in an electronic file format and transmitted to Jonathan H Logan electronically via email or file upload. Content can, by prior arrangement, be faxed hard copy format. Content delivered in hard copy format may incur additional fees for electronic conversion. Jonathan H Logan is not responsible for delays in custom website completion due to delays in the transferring of required content. Jonathan H Logan, in its sole discretion, may require you to re-submit images should they determine that the images are not of high enough quality. Jonathan H Logan will not begin construction of Your website until all requested materials and assurances of rights have been received from You. All materials provided should be copies and not original material. Jonathan H Logan will not return any materials provided by You in the design process. Jonathan H Logan will strive toward your satisfaction, but does not guarantee that all of your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services stated in the work order. Your publication of the website is acknowledgment of Your satisfaction with the Services and releases Jonathan H Logan from any obligation for further revisions or alterations.
Changes to Submitted Text
Final text must be submitted prior to project start. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be additional, billed at the hourly rate per service addendum.
Changes requested by the client beyond the scope of work expressed in the work order will be billed at an hourly rate and executed only upon order on a service addendum. This rate shall also govern additional work authorized beyond the maximums specified in the service agreement for such services as general Internet orientation education, web page design, editing, modifications, art, photo, graphics services, and helping clients learn how to use their own web page editor.
Maintenance and Hourly Rate
If the client or an agent other than Jonathan H Logan attempts unsuccessful updating the client's pages, time to repair webpages will be assessed at the hourly rate of 50.00 USD per hour, and is not included as part of maintenance.
If the client does not choose to use web hosting provided by Jonathan H Logan, all maintenance will be charged at the hourly rate of 50.00 USD.
If the client decides that they would like to use web hosting provided by Jonathan H Logan the first maintenance fee will be collected 30 days after the project is finished. Within those first 30 days the client will not be charged for changes to text, images, or if any technical problems are found and the problem is a direct result of the produce work. The client will be charged at the hourly rate of 50.00 USD during the first 30 days for all enhancements and upgrades made to the produced work as requested by the client.
Once maintenance fees have been collected the client will be allotted one cumulative hour of work made to the website free of charge per month. If the client exhausts the one cumulative hour of work, the client will be charged at the hourly rate of 50.00 USD for each subsequent hour of work. Enhancements and upgrades made to the produced work as requested by the client are not include in the allotted one cumulative hour of work. The client will be required to pay at the hourly rate of 50.00 USD for all enhancements and upgrades made to the produced work as requested by the client.
Payment of Fees.
Fees to Jonathan H Logan are due and payable on the following schedule: 50% upon signing this contract and 50% when the web pages or custom graphics have been constructed according to the client's original work order. If the total amount of this contract is less than $150.00 USD, the total amount shall be paid upon signing this contract. All payments will be made in US funds via PayPal to sales@jonathanhlogan.com.
Initial Payment and Refund Policy
If the client halts work and submits the request to Contact Us , work completed shall be billed at an hourly rate, and deducted from the initial payment along with transaction fees. 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 this initial payment will be refunded unless written application is made within 7 days of signing the service agreement. All payments will be made in US funds via PayPal to sales@jonathanhlogan.com
Web Hosting
The client understands that any web hosting service requires a separate contract with a web hosting service. Jonathan H Logan can recommend or assist in the selection of a hosting service with the creation of your new site. Client must obtain a hosting service which allows Jonathan H Logan full access to the website, full FTP and control panel access. The client further understands that if the web hosting service's operating system is not compliant with the custom website, they must switch to a compatible web host. No hosting is included unless expressed in the service agreement. Jonathan H Logan is not liable for any service agreements drawn between Client and hosting service, hostgator.com or any other likeness.
Legal Issues
Jonathan H Logan 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 webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client and web hosting service. In no event will Jonathan H Logan 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 Jonathan H Logan 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.
Copyrights and Trademarks
The client represents to Jonathan H Logan and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Jonathan H Logan 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 Jonathan H Logan and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Copyrights to Web Pages
Copyright to the finished assembled work of web pages produced by Jonathan H Logan is owned by Jonathan H Logan. Upon final payment of this contract, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Full rights to graphics created solely by Jonathan H Logan can be furnished upon separate agreement. Jonathan H Logan retains the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
