General Work Terms and Client Responsibilities & Liabilities
The client is responsible for supplying all website content, encompassing both text and multimedia elements, to Joomlim prior to the project commencement.
The client is solely responsible for creating a comprehensive backup of their website's content before granting authorization for Joomlim to proceed with the agreed-upon work. Joomlim will not be held liable for any loss or damage to existing data under any circumstances.
The contract relieves Joomlim from any responsibilities related to data entry, web hosting, or the creation of custom artwork/graphics unless these responsibilities are explicitly defined, compensated for, and mutually agreed upon by both parties. Any artwork, images, or text generated or provided by Joomlim on behalf of the client will be considered the property of Joomlim and/or its suppliers, unless otherwise specified and mutually agreed upon.
The agreement absolves Joomlim from any obligations related to data entry, web hosting, or the creation of custom artwork/graphics unless these tasks are expressly defined, compensated for, and mutually agreed upon by both parties. Any artwork, images, or text produced or supplied by Joomlim on the client's behalf will be considered the property of Joomlim and/or its suppliers unless explicitly specified and mutually agreed upon otherwise.
Joomlim will provide the client with the opportunity to review the website's design and content during the design process and upon its completion. Joomlim will anticipate feedback from the client for a duration of 7 days concerning the work and materials presented. If the client does not provide a response within this timeframe, the materials will be deemed as accepted and approved by the client automatically.
The client retains the copyright to the data, files, and graphic logos they provide, granting Joomlim the rights to publish and utilize this material. The client is responsible for securing the required permissions and rights for the use of any copyrighted information or files owned by third parties. Furthermore, the client must furnish Joomlim with the necessary permissions and rights for using this material and agrees to indemnify and release Joomlim from any claims that may arise as a result of the client's negligence or failure to obtain proper copyright permissions. The web design and/or placement contract serves as an assurance from the client to Joomlim that all essential permissions and authorizations have been obtained, and proof of these permissions and authorizations may be requested.
Joomlim will not be held responsible for any changes or alterations made to the client's website by the client or any third party after the website has been installed or deployed. These modifications may include additions, modifications, deletions, or other changes. If any problems arise due to such modifications, Joomlim may require a one-time web development fee to address and resolve these issues.
Payments
Joomlim accepts payments via credit cards. Please be aware that we have the right to decline payments made through these methods without prior notice. Additionally, we reserve the right to modify our prices and discontinue certain payment methods at our discretion, without prior notification. If a customer terminates our service before its completion, a cancellation fee may be imposed. This fee will be based on the work completed up to the point of cancellation. Failure to pay the cancellation fee and any outstanding amounts may result in legal action, if deemed necessary.
Our project advances through several stages, and the initiation of the next stage is contingent upon receiving the agreed-upon payments for the preceding stage. Once our service is complete, the website will be uploaded to the customer area of the server for your review and approval. After you provide your consent, the website will be transferred to the destination server for hosting. It's important to note that Joomlim retains the right to delay the website upload until we have received full payment for our services. All the code and materials generated during the project will be handed over to you upon the project's completion and your final approval. Ownership of the code will be transferred to you once the final payments have been settled.
Support and 3rd-Party
After your website is launched, we provide complimentary support for the first month. After this initial one-month period, we offer personalized support packages designed to fit your individual requirements, with various pricing options available. Choosing a higher-tier support package may also make you eligible for attractive discounts. Please be aware that our support services encompass bug fixes and email assistance but do not extend to matters concerning website architecture, rule modifications, or add-ons/enhancements.
The client bears full responsibility for any third-party support, products, or services utilized or integrated into the site, including matters concerning licensing, payment, copyright, and similar considerations. It is the client's responsibility to independently arrange and secure such services, or they may opt to delegate this responsibility to Joomlim, provided that they make advance payment for any associated expenses. Please be aware that the fees charged by Joomlim do not cover any out-of-pocket costs or reimbursements related to third-party products or services.
Joomlim does not provide any guarantees or warranties regarding the accuracy or performance of third-party products or services. Any warranties or assurances related to these third-party products or services should be sought directly from the respective providers.
Joomlim does not encompass the enhancement of third-party products or services within the project's predefined scope. Any improvements or updates required for these third-party products or services will be treated as distinct assignments and might result in adjustments to the project's timeline and expenses, as determined by Joomlim.
Re-work, Enhancements/Add-ons and Billing
The incorporation of extra features or alterations to the project's initial scope will be assessed via a Change Management process, which may entail supplementary charges. If changes to the project scope occur after the wireframe sign-off stage, they could result in added expenses and potential timeline shifts. These modifications will be deliberated upon and require mutual consent from both parties before implementation.
While we make every effort to incorporate most changes within the website's budget, some alterations may be categorized as enhancements or add-ons to the system, which may lead to supplementary fees. We will provide prior notice if any of these items necessitate additional work and incur extra expenses.
If the client requests revisions, alterations, or modifications after approval and/or after advancing to the next stages of the project process, such requests will be regarded as additional work and may result in additional charges. We will discuss and reach a mutual agreement on these changes before implementing them.
The client is obligated to make payments to Joomlim in their entirety, without any deductions, discounts, or debt settlements, by the agreed-upon due dates.
Limitations of Liability
Joomlim will make reasonable efforts to deliver the Service with skill and care. However, we do not make any representations and explicitly disclaim all warranties, whether express or implied, regarding the availability, quality, accuracy, timeliness, completeness, performance, or suitability of the Service.
Joomlim hereby releases itself, along with its employees and agents, from any liability for losses or damages that may arise from inaccuracies, omissions, delays, or errors in the production of the website, regardless of whether they are the result of negligence or other factors. Additionally, we disclaim any responsibility for the loss or damage of client-provided artwork, photos, data, or content intended for the site, irrespective of whether such loss or damage occurs due to negligence or other factors.
Except in cases of death or personal injury resulting from our negligent acts or omissions, we shall not be held liable for any damages, whether arising in contract, tort, or any other legal theory, that are related to losses or damages arising from this Agreement or the operation of the Service. We shall not assume responsibility for any direct, indirect, or consequential damages in contract or tort, including but not limited to loss of profit, loss or damage to property, or claims made by third parties.
Joomlim cannot offer assurances for the services provided by third-party organizations, and we shall not be held responsible for any service failures attributable to third parties.
Approvals and Delivery
The project will be divided into multiple stages, and work on the next stage will commence only after receiving approval and the corresponding payments for the previous stage, as specified in our agreement.
Once the service, which encompasses website design and/or development, is finished, the website will be initially uploaded to the Customer area on Joomlim's server for the Client's evaluation and endorsement. Following the Client's approval, the website will be transferred to the destination server where it will be hosted. It's crucial to acknowledge that Joomlim reserves the right to postpone the website upload until complete payment has been received.
All code and materials produced during the project will be transferred to the client upon the project's successful completion and after obtaining all necessary approvals. The ownership of the code will be officially transferred to the client once the final payments have been settled.
Joomlim reserves the right to utilize the completed work and/or the final deployed product or website as references for potential clients. However, if the client wishes to limit such publication, they must communicate this to Joomlim in advance and obtain the required approvals for these restrictions.
Timescale
Joomlim will exert its best efforts to fulfill all services within the agreed-upon timeframe. The timeline will commence upon receipt of both the agreed deposit and all website content from the Customer.
Joomlim may need to extend project timescales in cases where circumstances beyond its control necessitate such an extension.
Miscellaneous
Joomlim shall not be held responsible for any losses or damages resulting from your utilization of our services. In the event that you are dissatisfied with our website or services, you retain the option to discontinue usage or access to our website at any time. These terms and conditions are governed by state laws and constitute an agreement between you and Joomlim. By accepting these terms, you acknowledge that any legal action arising from the Terms of Use will be adjudicated in the appropriate court. We retain the right to revoke any of the rights granted by these Terms of Use, and you are required to comply with any termination notice by ceasing the utilization of our website. We are under no obligation to review any information, content, messages, or communication materials transmitted to or through the website by users, and we disclaim any responsibility or liability related to such messages, information, or content.
Changes to Terms of Use
We reserve the right to add, modify, amend, or remove any part or all of these Terms at any time, with or without prior notice to you. We advise you to routinely review these Terms for any updates. Your continued usage of our website or services signifies your acceptance of the revised Terms.
How To Contact Us
If you have any queries or feedback for our Website or Services, you can email us at: support@joomlim.com.