BY PURCHASING ONE OF OUR PRODUCTS OR SERVICES YOU AGREE TO THESE TERMS
Agreement between user and LJD Media, LLC. LJD Media, LLC (“LJD Media,” “we,” “us,” or “our”) including ljdmedia.com, seriouslysimple.co, soulsabbatical.co, and truthandbeautystudios.com (the “Websites”).
Please note :
- All projects estimated to exceed $1000 USD will require a contract signed by both parties before the project will commence.
- All items under $1000 USD do not require a specific contract setup and will be governed by the terms of this page and terms defined on the website sales page.
- All ongoing/maintenance work for clients once an initial project is complete will be billed at an agreed upon hourly rate.
For all projects [including projects that do not require a contract]: Unless otherwise agreed upon, the contractual period between is made effective as of [DATE OF PURCHASE] by and between [Client NAME] (“CLIENT”) and LJD MEDIA, LLC (“LJD”) of 412 N Main St, Suite 100; Buffalo, WY 82834, USA
DESCRIPTION OF SERVICES
All project terms and deliverables and timelines are reflected in the project contract or on the website sales page (for all projects under $1000 USD).
For all website projects, LJD shall provide any necessary support and/or correct errors CLIENT reports within seven (7) days of publication of the website, and there will be no additional charges for these corrections.
Services under this contract do not include ongoing technical support for any items unrelated to the terms of reference. Email issues and general PC/Network issues should be directed to CLIENT’S technical support team. Correction of any technical issues not related to the Services of this Contract may be declined or billed at LJD’s regular hourly rate at LJD’s sole discretion.
CLIENT understands that upon completion and installation of the site on CLIENT’s web space, CLIENT assumes responsibility of complete web space maintenance. LJD will not maintain the site, nor will it manage the site.
Future work related to the above services (i.e., “maintenance work”) will be billed and paid via detailed Invoice. Since the maintenance work will be an extension of the services which are the subject of this Contract, no new Contract will be required.
Payment shall be made to LJD Media, LLC, via Paypal or Stripe.
CLIENT agrees to pay LJD in accordance with the agreed upon payment schedule.
All payments are in USD. LJD shall publish the website on CLIENT’s web space when site development is complete and full payment from CLIENT has been tendered to LJD.
In addition to any other right or remedy provided by law, if CLIENT fails to pay for the Services when due, LJD has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
Final payments due must be paid in full before the website is published to CLIENT’S web space.
If LJD receives a chargeback or payment dispute (i.e., PayPal Dispute) from a credit company or bank, the project and/or service will be suspended without notice. A $50.00 chargeback fee (issued to recover fees passed on to LJD by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, contact LJD to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from LJD is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand the LJD refund policy prior to making a payment or entering in to this Contract.
For all projects, the entire project must be completed within the allotted timeframe. In the event of extenuating or challenging circumstances the CLIENT may request to have the project put on hold. If the project is put on hold, per CLIENT’s request/instruction, at any time during the timeframe, a Re-Start fee commensurate with the size of the project (typically $250 for One-Day Websites, $500+ for larger, custom projects) will be paid before LJD will resume work on the project. In the event a project is temporarily halted within the standard timeframe, the count will also temporarily halt.
ADDITIONAL EDITING AND CHANGES
Any requested changes to the description of services stated above shall constitute additional editing and may incur additional charges or fees as deemed necessary by LJD. All additional changes must be submitted and approved by both parties in writing by approved Written Change Order form. If a Written Change Order form is executed to accompany this Contract, a copy must be attached to this Contract.
Non-exhaustive list of examples of editing and changes that will incur additional fees:
- Addition of pages, graphics, or any significant features
- Any graphic, page design template or page design requiring more than two (2) rounds of revisions
- Revisions to text content provided ready for publication
- Changes to finalized elements
- Significant changes in plan, increase in scope or direction of the project
- Change to the layout once the layout has been chosen and design is underway
This Contract will terminate automatically upon completion by LJD of the Services required by this Contract.
If cancellation occurs within 48 hours of purchase, CLIENT is entitled to a full refund. After 48 hours, the following outlines the LJDrefund policy.
For all custom projects: If CLIENT cancellation occurs prior to commencement of work on the project, CLIENT shall be entitled to a 50% refund of the fee paid. Because time for your project is reserved upon initial payment, full refunds are not granted under any circumstances after the 48 hour timeframe has passed.
If CLIENT cancellation occurs after commencement of project, fees will be refunded as follows:
- If cancelled between days 1-15, 40% refund.
- If cancelled between days 16-30, 25% refund.
- If cancelled between days 31-90 (and beyond), no refund.
If LJD cancels prior to commencement of project, LJD shall refund 100% of the fee paid. If LJD cancels after commencement of the project, any remaining pre-paid balance shall be refunded and outstanding Invoices cancelled.
WORK PRODUCT OWNERSHIP
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by LJD in connection with the Services will be the exclusive property of CLIENT. Upon request, LJD will execute all documents necessary to confirm or perfect the exclusive ownership of CLIENT to the Work Product.
The Client is solely responsible for the editorial content of the material included on the website. Any material content provided by LJD will be copyright free, and not copied from any other website. The Client agrees that it will defend and indemnify LJD from any suit, demand, or claim resulting from the editorial content of the website. CLIENT shall check all copy from LJD.
The CLIENT represents to LJD and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to LJD for inclusion in The Client’s web site are owned by CLIENT, or that CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend LJD and its subcontractors from any claim or suit arising from the use of such elements furnished by CLIENT.
A link to LJD will appear in either small type or by a small graphic at the bottom of CLIENT’s website. If a graphic is used, it will be designed to fit in with the overall site design. If CLIENT requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total project charges are less than $5,000.00, a fixed fee of $500.00 will be applied.
REPRODUCTION OF PRODUCT
Upon successful completion of all compensation terms and outstanding balances owed to LJD, CLIENT is granted full rights to the completed Project. Layered Photoshop files for each individual element on the site will not be transferred. Cloning of the completed site is strictly prohibited.
LJD retains the right to reproduce the Project in any form for marketing, future publications, competitions or other promotional uses.
CLIENT may not reproduce or otherwise use design mock-ups, drafts, sketches etc. created by LJD during work on the Project but not included into the final version of the Project. Such artwork belongs solely to LJD who may use it at her own discretion.
LJD, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of LJD, or divulge, disclose, or communicate in any manner, any information that is proprietary to CLIENT. LJD and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
LJD shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in LJD’s community and region, and will provide a standard of care equal to, or superior to, care used by website designers similar to LJD on similar projects.
The occurrence of any of the following shall constitute a material default under this Contract:
- The failure to make a required payment when due.
- The insolvency or bankruptcy of either party.
- The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
- The failure to make available or deliver the Services in the time and manner provided for in this Contract.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have five (5) business days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by mediation administered by the American Arbitration Association in accordance with its Commercial Mediation Rules and judgment on the award rendered by the mediator(s) may be entered in any court having jurisdiction thereof.
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
This Contract may be modified or amended in writing, if the writing is signed by both parties obligated under the amendment.
This Contract shall be construed in accordance with the laws of the State of Wyoming of the United States of America.
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
For more information about our full website usage terms and conditions. If you have any questions regarding these terms and conditions, you may contact COMPANY by email at firstname.lastname@example.org.