JAM Inc

A 50% deposit of total project cost is required to engage the project. 25% due upon successful demonstration of completed system and associated contracted services. Depending on the complexity of the engagement, further payments may be required upon the successful completion of specified milestones. Otherwise, remaining balance is due upon formal project completion, client sign-off and user training. Final website product will be transferred to production server for public access upon receipt of project balance.

All content for the web site is to be provided by the Client unless specifically agreed to in writing.

JAM Inc.  will only use materials that are in accordance with copyright laws and the Client will not provide material to JAM Inc.  for use in a web site design that violates such laws.

JAM Inc.  shall not be held liable for the accuracy of any information supplied by the Client and contained in Client's website. 

JAM Inc. offers credit card and PayPal methods as alternative means for paying for services. This is done as a convenience to the Client and does not provide any additional relief to the Client from honoring any contract for services. Client acknowledges and specifically agrees that a "charge back" for services rendered is an unlawful means of obtaining a refund for the provision of professional services. If Client has a billing dispute with JAM Inc., the Client must settle such dispute with JAM Inc. directly without initiating any credit card or PayPal dispute procedure. Any charge back or PayPal dispute will incur an automatic US$250 (two-hundred-fifty dollar) service fee, without exception, for which Client will be held fully responsible.  JAM Inc. gladly accepts business and/or personal checks without any such restrictions.

JAM Inc.  requires written approval of overall project specifications ("Design Specs") by the Client before any work begins. Modifications or additions to the design specs after approval has been given and development has begun are not included in the initial agreement and will be billed at an hourly rate. Client will be notified before any additional work is performed.

The cost estimates agreed upon by JAM Inc. and Client are based on the requirements specified in the accepted proposal. Any change in the requirements or delays in communication will have a direct impact on the cost of the project.

Cancellation - The Client or JAM Inc. may cancel this engagement for any reason given five (5) days' written notice to the other party. The Client will be entitled to a pro-rated refund for any uncompleted work for which payment has been made. "Uncompleted Work" is defined as any work product (specified in the initial agreement or from subsequent client requests) that has not been substantially completed or submitted for Client review. JAM Inc. agrees to deliver all contracted web design materials to the Client which are related to the engagement and for which the Client has submitted payment. Client agrees to pay JAM Inc. for all Services provided to Client by JAM Inc. prior to cancellation. In the event that any invoice becomes overdue for 30 days or more, JAM Inc reserves the right to stop work without any further communication.

In the event that any invoice becomes overdue for 30 days or more, JAM Inc. reserves the right to stop work without any further communication.

JAM Inc.  sends all invoices via email only and all invoices are due upon presentation.

JAM Inc. will not give out Client’s confidential information, including but not limited to names, addresses and trade secrets. JAM Inc. agrees to take reasonable precautions to prevent unauthorized disclosure of confidential information.

JAM Inc. (or its licensors) retains all right, title and interest in the source code used in the creation and operation of Client's web site. This Intellectual Property is made available to the Client for perpetual use within one specified web site owned by Client. Unless otherwise agreed to in writing, you may not distribute or authorize third parties to distribute any of the JAM Inc. Intellectual Property without the prior written consent of JAM Inc.  Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such Intellectual Property is expressly forbidden except as permitted in this Agreement.

This Agreement is effective as of the Effective Date and shall continue unless terminated; JAM Inc. may terminate this Agreement after five(5) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay JAM Inc. for all Services provided to Customer by JAM Inc. prior to termination. 

JAM Inc. warrants that the Web site will materially conform to specifications or acceptance criteria agreed to by the parties when delivered to Customer and for a period of one (1) year thereafter (the "Warranty Period") and that JAM Inc. will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. JAM Inc. warranties and representations hereunder will not extend or apply to any Web site modified by any party other than JAM Inc.  In the event that Customer discovers an Error in the Web site during the Warranty Period, JAM Inc.'s sole responsibility will be to use reasonably commercial efforts to correct such Errors. "Error" means any reproducible error, problem, or defect resulting from (i) an incorrect functioning of the Background Technology that materially affects the functionality of the Web site or (ii) any failure of the Website delivered to Customer to materially meet the specifications or acceptance criteria. All warranty claims not made in writing within the Warranty Period shall be deemed waived. JAM Inc. warranty obligations are personal to Customer and may not be extended to any third party.

JAM Inc. will make every attempt to provide support for Internet Explorer Version 6x (IE6), however JAM Inc.  does NOT warrant that its work product will display, render or function correctly on Microsoft IE6. IE6 is an obsolete, outdated, defective and non standards-compliant browser platform. Free upgrades for newer supported versions of Internet Explorer are available from the Microsoft.com website.

Client agrees not to circumvent JAM Inc. to deal independently with JAM Inc. employees, partners or sub-contractors, known to client by virtue of working with JAM Inc., except as expressly agreed to in writing by Client and JAM Inc. .

Except as expressly provided in this Agreement, the Services and Customer Web sites are provided "as is," and JAM Inc.  expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non infringement, merchantability, and fitness for a particular purpose. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Websites provided by JAM Inc.  to a Customer will be deemed accepted when delivered.

JAM Inc. is not responsible for any damage, loss, or injury resulting from, hacking, tampering, or other unauthorized access to your website or any related software.

These terms and conditions apply to custom web design. Other projects or services may be bound by separate terms and conditions.

This Agreement shall be deemed to have been made in the State of Florida and its validity, construction, performance and breach shall be governed by the laws of the State of Florida applicable to agreements made and to be wholly performed therein. The courts located in the City of Miami-Dade shall have exclusive jurisdiction over all disputes between Client and JAM Inc. pertaining to this Agreement and all matters related thereto.