Terms of Engagement

Responsibilities

Jonah & Associates Limited agrees to deliver the requested work in a timely manner and shall conform to the standards as agreed mutually. Jonah & Associates Limited charges for design work based on time, so any changes to agreement once work has commenced, may result in changes in the fees already stated. In particular cases, where a job / service requires work beyond our normal business hours and turnaround time, there may be additional fees involved, over and above our standard costs. The client also understands that work, which is halted after a job has begun, will be billed on the basis of what has been completed to that time. Where work is performed by other parties as designated by the client, Jonah & Associates Limited cannot be held liable for their performance, although Jonah & Associates Limited shall make its best effort to work with these other parties.

Confidentiality

We regard client confidentiality as of paramount importance. We will not disclose any confidential information obtained from a client or a prospective client unless required or authorized by that party, or by the law.

Ownership

The client understands that all files, web pages, graphics and programming work, except those provided by themselves, are the property of Jonah & Associates Limited until any and all fees are paid in full at which time the client retains ownership. In the case of any programming (scripting) work, which includes shopping carts, banner rotation programs, database programs and the like, the client understands that they do not have any rights to duplicate, resell or give away any programs created by Jonah & Associates Limited. Programs created by Jonah & Associates Limited may be used on other websites unless purchased by the client outright.

Copyright

All work performed by Jonah & Associates Limited is copyrighted by Jonah & Associates Limited. The client understands that they have rights only to web publication. Any other reproduction by means of printing and/or transferring to other media may be considered copyright infringement. Copyrights may be purchased outright by the client or subject to limited use. The client also understands that all works, expressly marked or not, are protected by copyright laws. Jonah & Associates Limited will take no responsibility for ensuring material supplied by the client has been authorized for reproduction. The client further warrants that they either own or have properly licensed/obtained copyright(s) or copyright permission to any work which they have supplied for use/reproduction, and the client agrees to assume full legal and financial responsibility for any copyright suit or action which may take place regarding materials they have supplied.

Proofreading

Jonah & Associates Limited responsibility for typographical, pricing, or other such errors shall be strictly limited to correcting such errors if they are pointed out to us during timely proofreading and site testing phase. It is the client’s responsibility to proofread all work and to ensure that it is (a) satisfactory, (b) correct as to size, content etc, (c) suitable for intended use, and (d) within proper copyright and other restrictions before the website is opened to the public.

Offensive/ Libelous Material

The client will not use the Web Site, nor any other service provided by Jonah & Associates Limited to publish any material that may be construed as Defamatory, Offensive or Libellous to any other third party. Jonah & Associates Limited shall not be held liable for any material published through its services, JONAH & ASSOCIATES maintain full indemnity from any claims arising from any defamatory, obscene material, or any other breach of rights on the clients sites. The client is fully responsible the content of their Web Site, and any other data transmitted through JONAH & ASSOCIATE’S Services, and JONAH & ASSOCIATES will not undertake to monitor or control client data in respect to any content therein. Furthermore, the client agrees to indemnify Jonah & Associates Limited in respect of any claims brought against Jonah & Associates Limited arising from the content of their website or use of any other services, whether it be for defamatory comments, infringements of rights, or any other offense.

Loss of Earnings

Jonah & Associates Limited will not be held liable for any loss of business incurred due to the failure of any of its services. This includes, but is not restricted to, loss of turnover, sales, revenue, profits or indirect consequential or special loss. JONAH & ASSOCIATES offer a service level agreement that will reimburse the client any monies paid to Jonah & Associates Limited for any failed services, strictly on a pro-rata basis. No other claims will be entertained. Jonah & Associates Limited will not be held responsible for the fraudulent use, or any other misuse, of any material held on our computers, in particular any Credit Card information held thereon.

Portfolio

To maintain our portfolio credentials, and the integrity of any applicable copyrights, Jonah & Associates Limited maintains the right to place a small logo/text on the client’s website which will link back to Jonah & Associates Limited website. Jonah & Associates Limited also maintains the right to reproduce the client’s website in our portfolio and in any marketing materials.

Hosting Contracts

Domain Name and website Hosting contracts are charged out by Jonah & Associates Limited on an annual basis. Should a client wish to transfer hosting of either a domain name or website to an alternative ISP at any time, Jonah & Associates Limited are happy to do so subject to the account being fully paid up to the date of the transfer request, and a formal transfer request being lodged by an authorized client contact. Please note that Jonah & Associates Limited automatically renew all domain names as they expire, so should a client not wish to renew a domain name, and avoid a new annual hosting charge, then they must alert Jonah & Associates Limited to this fact before the expiry of the existing contract. The same also applies to website hosting.

Payment

For existing clients, with sound payment track record, most work is carried out on a Payment on Delivery basis. However, Jonah & Associates Limited reserve the right to request an advance deposit of up to 50% of the estimated design/ development fees before proceeding with any work. Once the client makes the final payment, their website will be made available online. Jonah & Associates Limited terms of engagement are strictly 15 days payment from date of invoice.

Overdue Payment

Jonah & Associates Limited terms of engagement are strictly 5 days payment from date of invoice. Payment after 5 days can only be accepted by special arrangement with the Accounts Department or with 18% interest on the overdue amount will be automatically charged every 15 days if the amount exceeds $500 or every 5 days if its below $500. Should the client fail to pay for any work/services supplied after 5 days of invoicing, Jonah & Associates Limited reserves the right to terminate the supplied services, to freeze any ongoing design/ development work, and refer to Baycorp or other debt collection agencies. Once an account becomes 15 days overdue, Jonah & Associates Limited standard policy is to suspend all Internet Services supplied to that client. Jonah & Associates Limited shall make best efforts to alert a client to any such overdue payments and service shutdown, typically via email, but it remains the clients responsibility to ensure all accounts are fully paid up within Jonah & Associates Limited’s payment terms. In the addition to full payment of all overdue invoices, an additional $150 (+ GST) re-connection fee will be levied to re-establish any terminated services. Re-establishment can only be authorized once cleared payment has registered within Jonah & Associates Limited’s bank account.

Limitation of Liability / Legal Disclaimer

JONAH & ASSOCIATES LIMITED

– will not be liable for indirect, special or consequential damages, or any loss of revenue or profits, arising in connection with the projects that we undertake.
– is not liable for any sort of loss or consequential results from any advice given on behalf of our company from any of our staff
– is not responsible for any server side problems incurred due to server down time, hosting issues, ISP down time, or Acts of God.
– reserves the right to delay or stop any project development for any reason without liability.
– will notify the client immediately of any changes of project status, and make appropriate arrangements. If a project in progress is canceled by us – the client will be refunded the deposit minus any billable hours.
– is not responsible for any damages incurred from hacking, hackers, illegal activity, nor any changes made to web sites created and maintained by us – without prior permission.
– is not responsible for any changes made by the client that causes the website to malfunction and will charge the client for any new changes after the final payment/revision has been for the project.
– will not imply to correct any damages or changes made, however, we can and will repair any damages incurred to the Clients Web Site(s) using the current pricing guidelines set by Jonah & Associates.