Information and Disclaimers
Jam uses reasonable care to make sure that the information appearing on this Site is accurate and up-to-date. However, errors and omissions do occur and the user should not take the accuracy of the information for granted but should check directly with Jam. None of the material contained in this Site is to be relied upon as a statement or representation of fact.
Jam has no control over the use to which the information may be put by the user and accordingly shall not be liable for any loss of profits or contracts or any indirect or consequential loss or damage arising out of or in connection with the use of such information.
Jam cannot and has not reviewed all of the sites linked to this Site and cannot be liable for their content. Users link to other sites at their own risk and use such sites according to the terms and conditions of use of such sites.
Any material or information transmitted to or posted to this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or stored or used by Jam or its affiliates for any purpose whatsoever including not limited to developing, manufacturing and marketing products. Do not post or transmit to or from this Site any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material which could give rise to any civil or criminal liability in the territory to which this Site relates.
The copyright in all material provided on this site (“Site”) is held by Jam or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Jam Communications Ltd or the copyright owner.
Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without Jam’s permission, “mirror” any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trade marks and logos (the Trademarks) used and displayed on this Site are registered and unregistered trademarks of Jam and others and may not be used in any advertising or other publicity materials in relation to the distribution of any information or materials obtained from this Site without the prior written consent of the Trademark owner. The Jam, JamComm, JCMS and TraficMax logos and the “Technology that means business” and “The Power to Connect” slogans are all either registered trademarks or unregistered trade marks of Jam Communications Ltd in the UK and other countries.
Terms and Conditions for work
The following standards of contract apply to all work carried out by the Company unless specifically amended in writing by a Director of the Company prior to, or at any point during the commencement of work.
The terms do not include any terms agreed between the Company and the Customer which will form express terms of the contract.
In these Terms:
“the Company” is Jam Communications Ltd, referred to as ‘Jam’
“the Customer” is the person, company, authority or other body who instructs the Company to carry out the work
“Contract” means any quotation, estimate of the company or order accepted by the Company and these Terms
“Customer Materials” means the Customer’s originals, artwork samples, software files or other materials supplied to the Company
“Intellectual Property” means all patents trade and service marks, registered and unregistered designs, copyright know-how, confidential information, trade or business names, applications for the foregoing and any other similar protected rights
“Services” means the products and or services supplied under the Contract
Quotations by the Company are valid for 60 days from date of issue.
2. Payment terms:
Once a fixed price has been agreed 33% is payable as an advance payment on signing of contracts, a second 33% payment at the time of site handover, and the remainder paid following handover from receipt of invoice. All invoices must be paid no later than 30 days from invoice date. Interest becomes payable after 40 days from the invoice date at a rate of 4% per day. The 33% advance payment is not a deposit and as such is non refundable. VAT will be added to all invoices at the prevailing rate. For site work costing a total of less than £2000, 50% is payable as an advance; and for work under a total of £1000, 100% is payable in advance.
The Company owns all copyrights to the design, content and functionality of the website developed until full and final payment is received. The Company retains copyright in accordance with the law. Upon settlement of all invoices the Customer is given a full conditional license to copy and use the Services produced by the Company. The use shall be restricted to that for which the Services are supplied and not for any other purpose. The Intellectual Property vested in the software remains the property of the Company. The Company retains copyright of any material contained in any presentation made in competition with any other agency in the event of its presentation being unsuccessful or any other material produced speculatively by the Company and not used, whether or not in competition with another agency.
Once a fixed price has been agreed and the creative concept supplied by the Company you have agreed the price, design, and schematic for your site, subject to any agreed amendments under term 7.
Following discussions between the Company and the Customer, and depending on the requirements of either the Company or the Customer, the Company will supply a contract detailing the site design, specifications, timing, price and the Terms & Conditions detailed here (although the Company reserves the right to amend the Terms & Conditions shown here, and which will be used in the Contract for signing, at any time) for both parties to sign.
6. Brief and Site Build:
The Company will use its reasonable endeavours to build your web site as quickly and professionally as possible. The Customer will be asked to furnish information to help in this process and you will be requested to send a written “Brief”. If the Customer does not supply the requested information in a timely manner, then the Company cannot be responsible for any delays that may occur.
The pages will be built using text and images supplied by the Customer. The Company will not enhance text or write copy, create images for you unless specifically requested by the Customer, and if needed will need to be imagery which the Company can source for free, otherwise will have to agree additional charges with the Customer.
The Contract is based on a set maximum number of pages (a page is the screen equivalent of A4 paper) and/or pages with specified characteristics and navigation. If, up to and including, the final hand over, the Customer requests additional pages or functionality over and above the originally specified number, or a change of specification for existing pages, or a change in navigation, then an additional cost will be incurred. This will amount to £200 per page or such other sum agreed in advance between the Customer and the Company.
8. Examples of changes:
Examples of changing page specification include (but are not limited to) changing pages from static to dynamic, including additional script, including additional animations, including additional dialogue boxes, and significant changes to the page design, functionality and layout.
The Company will carry out all necessary corrections free of charge. Corrections include spelling, omission of words, incorrect inclusion of words, use of the wrong image in the right place, the right image in the wrong place, missing pages and missing features as included in the original specification.
Corrections do not include amendments. Amendments include but are not limited to alteration of the wording, alteration of the positioning of images, alteration of the positioning of script, dialogue boxes, applets, alteration of the style and/or positioning of buttons or other navigational tools. The Company understands that the Customer may wish to make some minor amendments when the Customer sees the complete site for the first time after having agreed the initial design concept. The Company will therefore give the Customer amendments to pages totalling a maximum of 15% of the number of pages on your site free of charge (the minimum is amendments to one page). Thereafter amendments will be charged at £200 per page or some other sum as agreed between the Company and the Customer.
Please note for the sake of clarity that amendments do not include anything additional or significant or fundamental. These are changes as referred to above.
10. Force majeure:
The Company shall not be liable for any failure to perform the Contract due or principally due to any circumstances beyond its control including but not limited to inability to secure labour, materials, supplies or transport, scarcity of fuel power or components, breakdowns in machinery, fire, storm, flood or Act of God, war, civil disturbance, strikes, lock-outs and industrial action in whatsoever form.
11. After handover:
The Company’s responsibility for the functionality of the website ends after 1 month of the Customer’s usage, following Customer testing and handover of the site. During this period any code changes must be agreed and carried out by the Company. Code changes carried out by any other party will negate this clause.
12. The Company does not accept any liability or responsibility for the accuracy of your site content as all script and images are provided by you and checked by you.
13. The Company does not accept any liability or responsibility for any changes made to any part of your site in any way by you, any member of your staff, or any third party.
14. The Company does not accept any liability whatsoever for incidents arising from or in any manner related to, content material, which is input, published or posted on your area of the Internet or World Wide Web.
15. If this Contract involves the supply of a pre-existing product or service, you will be advised of this in the Quotation. On full and final payment, you will be granted a licence to use the product or service in accordance with the terms of the Licence Agreement, which you will be required to sign. Ownership and all rights in the product or service will pass to the client except where this is not permissible under the terms of the Licence.
16. Ownership of any World Wide Web site or any similar installation, built using the product or skills of The Company and customised according to the style, trademarks and data or other information provided by the Customer, shall be transferred to and remain the property of the Customer. This transfer will be enacted following full payment of any and all agreed charges. In consideration of this the Company will place a small link to the The Company’s site on your home page. This will take the form of the words Website Design by Jam.
The Agreement may be terminated forthwith by written notice from either party if: (i) the other commits any material breach of any of the terms of the Agreement and, if capable of remedy, shall have failed within 30 days after the receipt of a request in writing from the other party so to do, to remedy the breach (such notice to detail the breach and to contain a warning of such party’s intention to terminate); or (ii) the other becomes insolvent or bankrupt or is otherwise unable to pay its debts as they fall due.
18. Governing Law:
These Terms and Conditions and any questions, disputes or other matters relating to them shall be governed by and determined in accordance with the laws of England.