Standard terms and conditions regarding the products and services of Jarod Thornton & Adopt the Web (Web Services Provider) are detailed below. By placing an order and making a deposit or payment with Jarod Thornton & Adopt the Web, you confirm that you are in agreement with and bound by the terms and conditions below.
All projects require a deposit to schedule. Payment is collected via check in person, by mail or through the secure billing system via Visa, Mastercard, American Express, ACH, and Paypal. All deposits are non-refundable and are used as a guarantee to block out hours for your project.
If a scheduling problem occurs (client late delivering assets etc), Jarod will make the best effort to rebook your scheduled hours with another client and reschedule with you with no penalty, but without enough advance warning may not be able to reschedule your project. The final 50% payment will be due upon project approval and prior to delivery of the final source files and transfer of ownership.
Jarod Thornton & Adopt the Web will carry out work only where an agreement is provided either by email, telephone, mail or fax. Jarod Thornton & Adopt the Web will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Jarod Thornton & Adopt the Web and the client, this includes telephone and email agreements.
Disclaimers and limitations on liability
Jarod Thornton & Adopt the Web shall not be responsible for URLs dropped or excluded by a search engine for any reason.
Jarod Thornton & Adopt the Web shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Client’s receipt of the Account Service data. Jarod Thornton & Adopt the Web shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
Jarod Thornton & Adopt the Web do not represent or warrant that Customers’ URLs will achieve a favourable position, or any position, within a particular search engine unless SEO service is purchased and rendered. Furthermore Jarod Thornton & Adopt the Web cannot guarantee or warrant any SEO service for any length of time beyond the scope of service agreement.
Jarod Thornton & Adopt the Web do not warrant or represent that the use or the results of the use of the materials available through the Jarod Thornton & Adopt the Web Services or from third parties will be correct, accurate, timely, reliable or otherwise.
You expressly agree that use of the Jarod Thornton & Adopt the Web Services provided hereunder is at your sole risk. These Services are provided on an “as is” and “as available” basis. Jarod Thornton & Adopt the Web expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside Jarod Thornton & Adopt the Web’ control and could result in a breach of security. Accordingly, Jarod Thornton & Adopt the Web cannot guarantee that Your Account Service data information will be free from corruption or piracy. You hereby expressly waive any claim against Jarod Thornton & Adopt the Web arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of Jarod Thornton & Adopt the Web.
To the maximum extent allowed by law, Jarod Thornton & Adopt the Web and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, Jarod Thornton & Adopt the Web will not have any liability for any losses arising because the Jarod Thornton & Adopt the Web Services are not operational or accessible. This section does not limit liability for bodily injury of a person.
The Client on behalf of their Business is engaging Jarod Thornton & Adopt the Web, located in Lexington, Kentucky, known as “Web Services Provider”, in a partnership, as an independent contractor for the specific purpose of developing and/ or improving a web site/ or presence. The Client hereby authorizes “Web Services Provider” to gather information, render services and deliver products as outlined by the dated and approved quote or invoice with deposit as required be agreement. This may include publication of business related information as disclosed by the Client to web search engines, directories and indexes as well as social networks and media.
Per the Clients request for handling their domain name, Jarod Thornton & Adopt the Web and third party providers will only work with Internet Corporation for Assigned Names and Numbers (ICANN) Accredited Registrars. If Web Services Provider is chosen to be the Registrar on behalf of the Client the domain will be under ownership by the Client. If at anytime the Client wishes to discontinue the partnership with Web Services Provider and requests ownership of the domain, the Clients account must be in good standing, paid in full. Requirements must be met for transferal of the domain to another registrar. See Jarod Domain Registration Agreement
Website Design & Development.
Websites deployed on client behalf after March, 2012 are included within our WordPress Multisite Network (WMPU). Existing and new Client web projects are exclusively built and hosted within this framework. Client “website” consists of basic elements standard for a modern website such as document type declarations, head, body, graphics / images, verbiage and any relevant meta-data. Websites are built with compatibility for modern web browsers and mobile devices. Websites do not include mobile optimization or outdated browser compatibility. Additional optimization and compatibility requirements must be addressed or otherwise implied within the original scope of the project and itemized on the approved quote / invoice.
Web Services Provider, acting as the agency responsible for delivery of project workflow, reserves the right to attribution of Client deliverable in the form of portfolio listing, project presentation and titled credit line visible in website footer. Where Web Services Provider is contracted by a third party agency for website design and development, right to attribution also applies except where an existing Non-disclosure Agreement has been signed by both parties. Unless otherwise specified, all work performed by Web Services Provider warrants the right for attribution. In special circumstances where third-party graphic designers, programmers, partner / affiliate collaboration, attribution rights include that of the third-party. Request for attribution removal in any form online or otherwise, must be submitted to Web Services Provider. Client reserves the right to this request, however a small removal fee may billed to Client’s account and invoiced accordingly.
GNU Public License
Our websites are setup, designed and developed within WordPress. WordPress is an open source software and grants certain freedoms for it’s use, copy, and distribution. Under this license, all work performed on Client behalf in relation to a website within standalone WordPress or any WordPress (WPMU) network is owned by Client. This license does not include Web Services Provider hosting environment, email servers, software running behind the scenes or otherwise anything except that which is used for the website via WordPress. If hosting includes cPanel licensing all data on the cPanel user is covered under this agreement.
Web Services Provider offers state-of-the-art hosting services at competitive rates and renders this service exclusively to its Client. If the Client wishes to have the web site hosted on a different providers server Client agrees Web Service Provider is not responsible for maintaining server status or site up time. If there arises a need to have the server, including the database or site installation maintained Client agrees to Web Services Provider’s current rate hourly rate.
Content Provision and Deadlines.
The Client agrees that copy, images, forms and requested information will all be delivered/ communicated in a timely manner to meet Client’s set deadline. Client agrees that all provisions are original content and Client has legal right to use any copy, images and information. Web Services Provider will not be held responsible for copyright infringement from content provided by Client. In the event that provisions are not made in a timely manner Client understands the deadline may be compromised and agrees that Web Services Provider will not be held responsible. Additionally in the event that budget requirements are not met, business related matters arise in regard to staffing, a natural disaster renders equipment unusable, the Internet crashes indefinitely, or an act of God leaves humanity in chaos, Web Services Provider will not be held responsible for loss of service and/ or discontinuation of project.
Cross Browser Compatibility.
Web Services Provider guarantees compatibility in all major supported and modern browsers including Internet Explorer (IE) v. 9 – 11, Apple Safari, Mozilla Firefox and Google Chrome. As major support drops for outdated browsers i.e. IE v. 8 Client agrees that certain elements of their web presence may not display properly in unsupported browsers. While Web Services Provider takes pride in developing cross browser compatible sites it cannot make provisions for out dated and unsupported browsers.
The following terms and conditions govern all Paid Advertising Orders for print, digital and preprint (insert and direct mail) advertising placements fulfilled by Jarod Thornton & Adopt the Web, entities that publish and/or distribute such advertising. Each Order and these terms and conditions together constitute the agreement (“Agreement”) between the client and Jarod Thornton & Adopt the Web. The terms and conditions apply to all Orders entered into after the Effective Date listed on an order’s invoice, and may be updated from time to time. The terms and conditions do not apply to brand publishing projects, such as social media management, website development, or creation of Sponsored Content, Advertorial Content, or Work for Hire Content, each as defined below at Section 16.
The Term of this Paid Advertising Agreement is defined in each Order, either expressly as “the Term” or as the timeframe of the advertising campaign, or on a month-to-month basis by default.
Advertising Content. Jarod Thornton & Adopt the Web may reject or edit at any time any of Client’s advertising. All advertising based on any order are solely at the option of Jarod Thornton & Adopt the Web, and does not include any particular position purchased or suggested by Client outside of this order and agreement. Failure to meet position requests will not constitute cause for adjustment, refund, rerun, termination or cancellation of the Agreement.
Ownership. Each party owns all advertising copy which represents the creative effort of that party and/or utilization of creativity, illustration, labor, composition or material furnished by it including all copyrights. Neither party may use in any manner, nor allow third parties to use in any manner, advertising copy owned by the other party in any other advertising medium without the owning party’s written consent.
Advertisement Agreement. Jarod Thornton & Adopt the Web has contracted with one or more media advertising networks for the advertisement or distribution of advertising as described in an order or as otherwise ordered by client (collectively, “Orders”). All terms and conditions of this Agreement shall apply to every advertisement and/or distribution of an advertisement on clients behalf (each, an “Ad”). No terms of an Order or other communication from Jarod Thornton & Adopt the Web that contradict or are inconsistent with the terms and conditions of this Agreement shall be binding on Jarod Thornton & Adopt the Web, unless in writing and signed by both parties.
Termination. Jarod Thornton & Adopt the Web may reject any advertising order and/or immediately terminate this Agreement upon notice to Client for any of the following reasons: (a) if Client fails to make payment by the date specified in Jarod Thornton & Adopt the Web’s invoice; (b) if Client fails to perform any obligations of this Agreement; (c) if a petition in bankruptcy or for reorganization under the bankruptcy or insolvency laws is filed against Client; (d) if Client ceases doing business or Jarod Thornton & Adopt the Web believes Client is likely to cease doing business; or (e) in the opinion of Jarod Thornton & Adopt the Web, the credit of Client is impaired. If this Agreement is terminated for any of these reasons, Client will remain liable for the lesser of the short rate or volume advertising requirement.
Costs and Payment
Web Services Provider agrees to absorb any costs associated with provisioning custom fonts, stock photography, domain name, custom programming, graphic design, related software or any other required assets to the web project based on the scope of approved project quote. In return Client agrees to make payments when due, set forth by aforementioned dated and signed contract titled Web Proposal with the Client’s invoice number. Discounted prices may be withdrawn or collected against if invoices are not paid in full by due date, and these costs may be drawn against existing balance, deposit, or ad spend accounts where applicable. Web Services Provider reserves the right to collect payment in full, post project completion, broken into multiple payments or as it sees fit, however standard conditions apply. Standard conditions require that half payment be posted prior to this form being completed, submitted and approved. The remaining balance is due when the web site/ project is in it’s final stages of completion. Final stages of completion would be defined as 75% or better completed with a working version of the site live on the Internet and a “few minor tweaks” remaining for the final product. Discounts are applied at the sole discretion of Web Services Provider and determined on an individual by individual basis.
Web Services Provider warrants refunds under certain circumstances dependent on services rendered. Refunds are typically pro-rated over the course of the service agreement. If every attempt has been made to resolve any outstanding conflict with services rendered or funds provided and neither party is able to reach a fair and affordable agreement Client and Web Services Provider reserve the right to obtain legal counsel to seek compensation.
By submitting the Landscape Builder, Name Planting, Keyword Planting, Social Bloom or any other form you agree to the Terms of Service as outlined in this Agreement and acknowledge your participation in this contractual agreement. Web Services Provider reserves the right to reject this form and the dated and signed contract titled Web Proposal with the Client’s invoice number if these terms are not satisfied.