Compatibility
Designing a website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Just In Time Design represents and warrants that the web site we design for you will work in:
- Mozilla / Firefox (Current version)
- Chrome (Current Version)
While Just In Time Design will make reasonable efforts to design a fully-functional website, Just In Time Designs warranty does not cover INTERNET EXPLORER or older, AOL, text-based browsers or requested special effects that we have advised you against.
Accessibility for People with Disabilities
Just In Time Design's standard is to meet at least half the currently recommended guidelines set forth by the Web Accessibility Initiative (WAI) [http://www.w3.org/WAI] for website development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our websites are available to all visitors.
Assignment of Development Project
Just In Time Design reserves the right, and you hereby agree, to assign subcontractors to this Development Project to insure that the terms of this agreement are met as well as on-time completion.
Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, videos, music, designs, trademarks, or other artwork furnished to Just In Time Design for inclusion in the Development Project 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, indemnify and defend Just In Time Design and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Copyright to the finished Development Project will be owned by Just In Time Design. The Client will be assigned rights to use the Development Project, once final payment under their statement of work agreement and any additional charges incurred have been paid. 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. Just In Time Design and its subcontractors retain the right to display elements of the Design Project as examples of their work in their respective portfolios. All World Wide Web Sites will contain a copyright/legal statement footer with a link to www.justintimedesign.com. Clients are not allowed to remove this link for the life of the website. In the event that a client wishes to grain copyright of the final development project, the client will need to pay a fee of $500.
Content Management System
Just In Time Design develops websites using a state of the art content management system. Unless a website management plan has been purchased, all content and site updates will be the sole responsibility of the Client.
Maintenance, Upgrades & Support
Completed websites are the responsiblity of the client including, but not limited to content and site updates, CMS upgrades, hacked websites, ect. Just In Time Design provides on-going website management plans. The Client may choose one of the on-going website management plans to keep their site up to date with both content and security.
Project Delivery
The final development project will be delivered to the client via publish to a web server or via CD/DVD (additional fee will apply for CD/DVD). Final Payment will be due prior to delivery of the Development Project. The Client understands that Just In Time Design provides hosting services. At the clients request, the World Wide Web Development Project can be hosted with a separate Internet Service Provider as long AS LONG AS SERVER REQUIREMENTS ARE MET. The Client agrees to select a hosting service which allows Just In Time Design full access to the Client's account via FTP (File Transfer Protocol) as well as full access to a database on the web server. The Client will be solely responsible for any and all hosting service charges. Just In Time Design will charge a fee of $100 per hour, in addition to the contract price, to troubleshoot any issues that may arise from the use of a hosting service other than Just In Time Design (Notice: troubleshooting fee does not apply to websites which are hosted by Just In Time Design).
Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Development Project or any other services contemplated herein, and will hold harmless, protect, and defend Just In Time Design and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Payments
Payment for services shall be made in accordance with the conditions contained in the development contract. The Client and Just In Time Design agree that the services described in the development contract , and the Package Price, shall be completed according to the terms within the contractual agreement. Credit Card and Check will be accepted for payment for development services. Checks MUST be made payable to: “Just In Time Design”. If sending a check via Postal Mail, the client MUST use priority mail with a tracking number.
Payments must be made promptly based on the terms of this Development Project. Just In Time Design reserves the right to remove any World Wide Web Development Project from viewing on the Internet until the client is up-to-date on the agreed payment plan or final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by Just In Time Design. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement will be entered into Will County, Illinois, and any dispute will be litigated or arbitrated in Will County, Illinois and the Client hereby consents to the personal jurisdiction of the Illinois State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the World Wide Web Development Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars. In the event that the client dose not provide all textual and graphic content within a reasonable amount of time, as determined by Just In Time Design, there will be an additional fee of $200 to extend the contract to allow for more time to develop content.
Legal Notice
Notwithstanding anything to the contrary contained in the contract, neither Just In Time Design nor any of its employees or agents, warrant that the functions contained in the Development Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Development Project is with the Client. In no event will Just In Time Design be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the Development Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if Just In Time Design has been advised of the possibility of such damages.
