The Website (www.jsmconsultancy.co.uk) is owned and operated by JSM Consultancy Ltd (“JSM Consultancy”).
These ‘Terms and Conditions’ form a contract between ‘JSM Consultancy Ltd’ and the ‘Client’, acceptance of which is agreed from the moment the ‘Client’ signs the Website Design/Hosting Agreement, which is provided when invoiced.
These Terms and Conditions should be read carefully before signing the Website Design/Hosting Agreement. By signing the ‘Client’ agrees to become bound by these terms and conditions and the terms and conditions of the Website Design/Hosting Agreement. If the ‘Client’ does not agree to all the terms and then they may not use JSM Consultancy’s services.
JSM Consultancy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. JSM Consultancy may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Payments and Renewals.
General Terms. By signing up for Services you agree to pay JSM Consultancy the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. JSM Consultancy reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be cancelled by you at anytime on thirty (30) days written notice to JSM Consultancy.
By selecting a product or service, you agree to pay JSM Consultancy the one-time and/or monthly or annual subscription fees indicated on sign up (additional payment terms may be included in other communications).
Annual subscription payments will be charged on a pre-pay basis on the day you sign up for a service and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Automatic Renewal. Unless you notify JSM Consultancy before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be cancelled at any time by submitting your request to JSM Consultancy in writing 30 working days prior to the renewal date.
Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on JSM Consultancy’s Web space, JSM Consultancy will, at its discretion, remove all such material from its web space. JSM Consultancy is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay JSM Consultancy reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by JSM Consultancy in enforcing these Terms and Conditions.
JSM Consultancy, unless otherwise agreed, will provide basic website maintenance until services are withdrawn. This includes ensuring the smooth running of the website, prevention of malware and spam, update requirements for software and plugins and basic changes to content that take no longer than 30 minutes to complete. If new pages and content are to be added to the website, this will be charged separately and will be agreed upon before changes take place. Where changes are taking place over a longer period of time a monthly maintenance fee can be agreed upon to keep costs down.
The Client is entitled to access and make changes to their own website once this has been set up. JSM Consultancy will provide technical support, within reason, to ensure the client is sufficiently trained to make changes to the content management system.
JSM Consultancy cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
By submitting Content to JSM Consultancy for inclusion on your Website, you grant JSM Consultancy a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website. If you wish to delete content, JSM Consultancy will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the content may not be made immediately unavailable.
JSM Consultancy has the right (though not the obligation) to, in JSM Consultancy Ltd’s sole discretion (i) refuse or remove any content that, in JSM Consultancy Ltd’s reasonable opinion, violates any JSM Consultancy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in JSM Consultancy Ltd’s sole discretion. JSM Consultancy will have no obligation to provide a refund of any amounts previously paid.
The Client will own the website that JSM Consultancy designs, along with any visuals that are provided with it.
The Client has the legal right to all elements of text, photographs, and anything else that is provided and will not hold JSM Consultancy responsible for any third-party claims
If the Client’s website is to be installed on a third-party server, JSM Consultancy must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
JSM Consultancy Ltd adheres to the GDPR and will ensure that all information provided is strictly confidential. This includes your proprietary information (things like trade secrets, know-how, or any other confidential information that is not publicly available). JSM Consultancy won’t sell your proprietary information to a third-party.
JSM Consultancy makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that JSM Consultancy cannot guarantee correct functionality with all browser software across different operating systems.
JSM Consultancy cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and is live/or handed over to the client. As such, JSM Consultancy reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
JSM Consultancy may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of JSM Consultancy. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
A link to JSM Consultancy Ltd’s website will appear in either small type or by a small graphic at the bottom of the Client’s website. This will be in keeping with the design of the website. If a client requests that the design credit be removed, a fee of 5% of the development charges will be applied. The client also agrees that the website developed may be presented in JSM Consultancy’s portfolio
Search Engine Optimisation (SEO)
Where clients sign up for our SEO services, once they have signed the ‘SEO Agreement’ they are bound by these terms and condition. The client agrees to pay JSM Consultancy the figure stated on the ‘SEO Agreement’ and make prompt payments in conjunction with these terms and conditions (please refer to payments and renewals). The clients agrees to give JSM Consultancy one months written notice to cancel their agreement. The client understands that JSM Consultancy will not refund any outstanding subscription fees.
JSM Consultancy Ltd will use specialist premium plugins to allow them to enhance the clients visibility in search engines. The client agrees and understands that once subscription is cancelled that JSM Consultancy will remove all said plugins and software from the clients website.
JSM Consultancy hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of JSM Consultancy to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
This Agreement shall be governed by English Law.