These Terms and Conditions govern the products and services provided by Jarod Thornton & Adopt the Web, assumed names of Emajen, LLC (“Web Services Provider”). By placing an order, making a deposit, or making a payment, you confirm your agreement to the following terms and conditions:
Payments and Scheduling
- Deposits: Projects may require a non-refundable deposit to reserve hours for your project. Deposits guarantee scheduling and are applied to your final balance.
- Payment Methods: We accept payments via check (in person or by mail) or through our secure billing system using Visa, Mastercard, American Express, or ACH.
- Hourly Billing: Work is billed at our standard or agency rates outlined in our Pricing Sheet. Rates are subject to change without notice.
- AI-Assisted Workflow Fee: To enhance efficiency, accuracy, and service quality, we incorporate AI-powered tools and automation into our workflow. This includes, but is not limited to, content generation, data analysis, optimization, and other AI-enhanced processes that improve project outcomes. A 15% AI-Assisted Workflow fee is applied to applicable services to account for these technological enhancements. This fee reflects the added value provided by AI-driven efficiencies and is not an optional charge.
- Rescheduling: If a scheduling issue arises (e.g., delays in providing assets), we will attempt to rebook your hours with another client and reschedule your project. However, rescheduling is not guaranteed without sufficient notice.
General Terms
- Services will only be provided where an agreement is made in writing, via email, telephone, or other communication.
- Clients must be 18 years or older to engage services.
- An order, invoice, or agreement constitutes a binding contract between the client and Web Services Provider.
Disclaimers and Limitations of Liability
- Search Engine Rankings: Web Services Provider does not guarantee specific search engine rankings unless explicitly outlined in a Search Engine Optimization (SEO) service agreement.
- Service Interruptions: We are not liable for delays or failures caused by factors outside our control, including but not limited to acts of God, technical failures, or third-party service issues.
- Use of Services: Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
- Data Security: While we take precautions to protect your data, we cannot guarantee absolute security and are not liable for data breaches or loss unless caused by gross negligence.
Authorization
By engaging Web Services Provider, you authorize us to gather necessary information, render services, and deliver products as outlined in your approved quote or invoice. This may include publishing business information to search engines, directories, social networks, and other online platforms.
Domain Registration
- Domains registered on your behalf are owned by you, provided your account is in good standing.
- Domain transfers require accounts to be paid in full and compliance with applicable registrar policies.
Website Design and Development
- Websites are built for modern browsers and mobile devices with standard mobile optimization.
- Cross-browser compatibility is guaranteed for major browsers. Compatibility with outdated browsers (e.g., Internet Explorer 8) may not be supported.
- Web Services Provider reserves the right to attribute credit for design work in the website footer unless otherwise agreed upon.
Content and Deadlines
- Clients must provide content (e.g., text, images, forms) in a timely manner. Delays may impact project timelines.
- Clients are responsible for ensuring they have the legal right to use all provided content. Web Services Provider is not liable for copyright infringements resulting from client-provided materials.
Paid Advertising
- Ownership: Both parties retain ownership of their respective advertising copy and creative work. Written consent is required for reuse.
- Ad Funding: Clients may fund campaigns via credit card or deposit. A 3% Trust Account funding fee applies. Remaining funds will be refunded after paying any outstanding invoices.
Billing and Refunds
- Invoices: Payments are due upon receipt. Work may pause if invoices are overdue by five business days.
- Refunds: Refunds may be issued on a prorated basis, depending on services rendered.
Overages Policy
Web Services Provider uses third-party services such as SendGrid and Twilio for email delivery, messaging, and other communication needs. These services are included in your hosting or service plans up to a certain threshold. Any usage beyond the allocated limits will incur overage fees as described below.
Twilio Overage Billing
Twilio services are billed based on usage. Overage costs include a 50% markup on base costs. Below is a breakdown of current Twilio pricing, including markup:
| Service | Units | Cost |
|---|---|---|
| Programmable Messaging (SMS) | Per message sent | $0.0065 |
| Programmable Voice | Per minute used | $0.0193 |
| Phone Numbers | Per number per month | $1.73 |
| Gather Speech Recognition | Per 15-sec interval | $0.03 |
| Voice Recordings | Per recorded minute | $0.0038 |
| Studio Workflows | Per workflow | $0.00 |
- Usage is billed monthly and will appear as a separate line item on your invoice.
- Applicable sales tax will be added where required.
SendGrid Overage Billing
SendGrid services are included with basic hosting plans, covering up to the limit specified in your hosting agreement. Any overages are billed at $0.00195 per email.
- Overages are calculated monthly and invoiced at the end of each billing cycle.
- SendGrid overage fees apply only to the number of emails sent above the plan limit.
Overage Billing Terms
- Overages are invoiced monthly and due upon receipt.
- Usage reports for Twilio and SendGrid are available upon request for transparency.
- Clients will be notified if their usage approaches the threshold to prevent unexpected charges.
- Web Services Provider reserves the right to adjust overage rates with 30 days’ notice to clients.
By using services that rely on SendGrid and Twilio, you acknowledge and agree to these overage terms and associated costs.
Acceptance
By making a payment, you confirm your acceptance of these Terms and Conditions. Web Services Provider reserves the right to cancel services if terms are not satisfied.
