These Master Terms & Conditions (“Terms”): (a) are incorporated into, and constitute material terms and conditions of, each service agreement, work order, proposal, and statement of work (each, a “Service Agreement”) entered into by JK Consultants, a Maryland (“JK Consultants”) and its customer (“Customer” or “you”); and (b) apply to all services provided by JK Consultants to Customer (collectively, the “Services”). Any capitalised terms that are not specified herein will have the meaning assigned to them by the applicable Service Agreement. In the event of a discrepancy between these Provisions and the terms of a Service Agreement, the Service Agreement’s terms will take precedence. Some of these Terms, for example,
SCOPE OF SERVICES
In accordance with the provisions of the applicable Service Agreement, American JK Consultants will execute the Services stated therein (the “Services”). Midway through a Service Agreement, the scope of services may need to be changed. In that instance, the parties will enter into a good-faith negotiation over a modification order. Customer has seven (7) days from receipt of a proposed change order to accept it, unless otherwise agreed or indicated in the applicable Service Agreement or the applicable change order; if not accepted within that timeframe, a new change order will be necessary. Neither party is bound by any modification order until both parties have signed it. A signed modification order will alter the original Service Agreement and become a part of it after both parties have signed it.
TYPES OF SERVICES
Website design and development, management of website and application hosting, search engine optimization and marketing consultation, pay per click marketing consultation, social media marketing consultation, analytics consultation, and copywriting are just a few of the services offered by JK Consultants.
Website Design & Development Specific Terms
Website design and development, management of website and application hosting, search engine optimization and marketing consultation, pay per click marketing consultation, social media marketing consultation, analytics consultation, and copywriting are just a few of the services offered by JK Consultants.Should Customer require more Services beyond the Project Completion Date, JK Consultants will supply them at JK Consultants’s relevant hourly rate(s), and JK Consultants may request advance payment(s) or deposit (s).
Management of Hosting
JK Consultants serves as a liaison between the customer’s website and the hosting firm, managing the connection (such as Amazon Web Services or Rackspace, by way of example only). Both these Rules and the JK Consultants Acceptable Use Policy (the “AUP,” as revised from time to time and incorporated herein by reference) as well as the terms of the appropriate hosting provider govern the Services. Customer acknowledges that bandwidth speeds may vary, and that JK Consultants is not responsible for third-party networks or facilities that may be required for site hosting and operation (unless specifically stated otherwise in the particular Service Agreement).
Hosting Service Level Agreement (SLA)
JK Consultants, its service providers, and subcontractors must take commercially reasonable steps to safeguard Customer’s Website(s) and email against unplanned outages. Unplanned service disruptions can occur from time to time, and such interruptions do not constitute a default by JK Consultants under the Service Agreement, however Customer may be entitled to a credit limit under the terms and circumstances outlined below.When there is an unplanned service interruption, as acknowledged by JK Consultants or its vendors or subcontractors, that lasts more than thirty (30) minutes, a credit allowance equal to JK Consultants’s then current fee for one month of web hosting service will be given, upon Customer’s written request made within thirty (30) days of the service interruption. Even if numerous unforeseen service disruptions occur throughout a calendar month, the customer is only eligible for one credit limit. For any service disruption lasting less than thirty (30) minutes, the customer will not be given a credit allowance.For intentional service disruptions arranged by JK Consultants or JK Consultants’s hosting suppliers, no Credit Allowance will be granted. The Customer’s sole and exclusive recourse for unforeseen service disruptions and the inability of JK Consultants or its vendors or subcontractors to deliver shared web hosting services shall be the issue of a credit allowance by American JK Consultants.
Third Party Services
Customer recognises that JK Consultants employs and incorporates the services of a number of third party vendors (“Third Party Vendors”) to provide additional website hosting services to the Customer. Customer recognises and accepts that any services provided by Third Party Vendors are subject to their terms and conditions.Customer also understands and acknowledges that if any Recurring Service with JK Consultants is terminated, Customer may not be able to transfer third-party services without entering into a separate agreement with the Third Party Vendor(s) and/or making significant changes to Customer’s website design in order for it to function properly.
FEES
The prices for Services are set out in the applicable Service Agreement, as updated by any modification order(s), and are billed and paid in US dollars. Payments paid to JK Consultants in instalments are non-refundable.
Unless otherwise specified in the applicable Service Agreement, (a) recurring charges are due on the first day of each month following the launch of Customer’s website; (b) fees for recurring Services must be paid prior to the start of the service period; (c) fees for recurring Services are subject to change at any time in JK Consultants’s sole discretion upon ten (10) days prior notice to Customer by email; (d) invoices and sales receipts shall be sent via email; (e) invoices and sales receipt
Customer authorises JK Consultants to charge Customer’s credit card for any monies payable to JK Consultants if Customer completes a “Credit Card Authorization Form.” If JK Consultants is unable to charge Customer’s credit card for any reason, Customer will be notified via email and will have five (5) days to supply a valid credit card before Services are deactivated and/or cancelled.
Customer shall be responsible to JK Consultants for a returned check charge of Thirty-Five Dollars ($35.00) if any check issued to JK Consultants is returned for insufficient funds, and may be forced to pay for future services with certified money. All applicable sales, use, gross receipts, excise, access, value addition, and other local, state, and federal taxes or charges imposed on the provision or use of the Services are the responsibility of the Customer. Payments not received within fifteen (15) days of the invoice date or other due date indicated in the Service Agreement will be considered late and will be subject to interest at the rate of one and one-half percent (1.5%) per month or the maximum legal rate, whichever is lower, from the due date. If Customer requires extra equipment to utilise the Services, such as monitors, computers, software, or other devices, Customer shall be entirely responsible for purchasing and maintaining such equipment.Customer may not resell any part of the Services to anyone else without JK Consultants’s prior written consent, which JK Consultants may provide or deny at its sole discretion.
