Terms & Conditions
The contents of this Website are subject to and protected by: Copyright ©2015 JB Media Force. ALL RIGHTS RESERVED.
JB Media Force hereby authorizes you to view, copy, download, and print documents that are available on this site, subject to the following conditions.
- The documents may be used SOLELY for personal, non-commercial and informational purposes;
- The documents may NOT be modified and any materials that are copied must remain intact;
- Copyright, trademark, and other proprietary notices may not be removed;
- You may not reproduce, copy, or redistribute the design or layout of any JB Media Force website page(s), individual elements of the Web site design, portfolio or logos without the express written permission of JB Media Force;
- No intellectual property or other rights in or to this Website or its contents are transferred to you.
- This Website and the material on this Website may not be modified, copied, distributed, republished, downloaded, uploaded or commercially exploited in any manner without the prior consent of JB Media Force. Permission is granted only when certain limited criteria are met.
- To request such permission, please send your request to the address below.
- You are prohibited from posting on or transmitting to this Website any defamatory, discriminatory, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. JB Media Force will fully cooperate with any law enforcement agency, authority, or court order requesting or directing JB Media Force to disclose the identity of anyone posting such materials.
1570 E. Edinger Ave, Ste 4
14742 Beach Blvd. #127
Santa Ana, CA 92705
La Mirada, CA 90638
WEBSITE DESIGN & DEVELOPMENT
|The client is engaging JB Media Force as the independent contractor for the specific project of developing and/or improving a website to be installed on the client's web space on an Internet Service Provider's computer. The client hereby authorizes JB Media Force to access this account, and authorizes the Internet Service Provider to allow Self Publishing, Inc. with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes JB Media Force to submit their completed website to Web search engines. JB Media Force also has the ability to gather information regarding the clients competitors, business methods, and company history in hopes of offering them a better Website.|
|The client understands that any web hosting services require a separate contract with the web hosting service. JB Media Force isn't responsible for any damages caused to you or your site due to the web hosting provider. JB Media Force does not offer web hosting but can offer recommendations to 3rd party providers, making the process easier. The client agrees to select a web hosting service which allows JB Media Force full access to the website via FTP.|
|Changes to Submitted Text|
|Time required to make substantive changes to client-submitted text after the Web pages have been constructed will be additional, billed at a per instance basis unless you have signed up for the website maintenance package that can be subscribed before asking for any specific changes. Our websites are mostly content management systems that come with instruction manuals that allow you to make these changes yourself (saving you the additional cost).|
|Copyrights and Trademarks|
|The client represents to JB Media Force and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to JB Media Force for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Self Publishing, Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. For any other photos that are requested by the client (that aren't provided), an additional cost will be involved because JB Media Force will be purchasing "stock photography" to avoid any legal penalties.|
|Copyright to Web Pages|
|While your site is in development JB Media Force owns the Copyright to all the pages. Once your site is completed and you have paid the balance of your invoice, the copyrights are then transferred to you, thus making you fully responsible for all legalities concerning this. The only clause is that JB Media Force does not permit you to resell our work without consulting us first (before the start of the project).|
|Assignment of Project|
|JB Media Force reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.|
|Post Placement Alterations|
|JB Media Force cannot accept responsibility for any alterations made by third parties to the client's pages once placed. Such alterations include, but are not limited to, additions, modifications, or deletions. If any such change is made causing some kind of issue with the website, the client is then responsible to pay for these changes as this is an additional expense which could have been avoided if a 3rd party hadn't touched the existing materials.|
|Refusal to Service|
|JB Media Force reserves the right to refuse service for any material that the JB Media Force feels is not legal, moral or in the best interest of JB Media Force but JB Media Force is not responsible for the content of any materials. If at any point, JB Media Force refuses service, we reserve the right to not disclose why this choice has been made.|
|Errors and Omissions|
|JB Media Force will use good faith to ensure pages authored by us are free of errors however, JB Media Force may not be held responsible for any errors that may arise in the course of authoring any pages. JB Media Force does not accept any liability for losses or damages arising from errors within any page or if web search submissions are not accepted. It is the client's responsibility to proof their own pages for errors and inform JB Media Force of those along with any others changes in layout requested by the client. This process must begin immediately after the pages are posted to the web host for the client to view. Self Publishing, Inc. will correct minor text changes at no charge for 30 days from the date the site is posted to the web hosts' server. After 30 days, changes will be charged on a per instance basis.|
|Payment of Fees|
|Payment to Self Publishing, Inc. is due and payable on the following schedule. One half upon agreement; the balance when the web pages have been constructed according to the client's original written specifications. Advertising the pages to web search engines occur only after the final payment is made. All payments will be made in US funds. Payments must be made promptly. Delinquent bills will be assessed a $100 charge if payment is not received after the due date as well as repeated warnings. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. JB Media Force reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process (including all attorneys' fees and court costs). This agreement becomes effective only when signed by Self Publishing, Inc. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Orange County, California and any dispute will be litigated or arbitrated in Orange County, California.|
|Either party may cancel this agreement upon written notification, however any charges incurred to the date of receipt of notification shall be immediately due and payable. Charges shall be for any work in progress, contracted services fees, or software purchases for the purpose to suit the client's needs. After the website has reached the developmental stage, the website MAY NOT be cancelled under any condition unless the client pays the full bill.|
|Notwithstanding anything to the contrary contained in this contract, neither JB Media Force nor any of its employees or agents warrants that the functions contained in this web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of this web design project is with the Client. In no event will JB Media Force be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, you or your site visitor's computer or internet software, even if JB Media Force has been advised of the possibility of such damages.|
|Self Publishing, Inc. reserves the right to append a small hyperlink to JB Media Force's home page at the bottom of each page unless the client pays a 10% fee (10% of the full cost of the project) asking for the removal of this. Removing any credit that is due for the website after the website is developed will result in legal litigation.|
|The agreement contained in this document constitutes the sole agreement between JB Media Force and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.|
|Self Publishing, Inc. and the client must work together to complete the website in a timely manner. If the client does not supply JB Media Force complete text and graphics content on all web pages contracted for within four weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within one month after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.|
|Initial Payment, Cancellation and Refund Policy:|
|Before a project can be started, the Client is required to pay a 50% deposit to show commitment towards the project. After the full scope of the project as per the contract or proposal given to you by JB Media Force is completed, you are responsible to pay the remaining 50% before the website goes live onto your domain URL.|
|Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.|
|JB Media Force reserves the right to unveil any of the following policies mentioned in the terms & conditions at any time. If anyone is in violation of one or more of the terms & conditions mentioned in this client-contractor agreement, he/she will be responsible for the reprimands that will follow. Failure to do so gives JB Media Force the full authority to use as much of the legal realm as necessary.|
SEARCH ENGINE OPTIMIZATION (SEO)
|The JB Media Force Search Engine Optimization (SEO) Terms are listed hereunder. The customer accepts the Terms and conditions (hereunder), attached to any document that refers or accept these terms electronically, by signing them. These Terms and Conditions regulate Search Engine Optimization campaign(s) proposed by JB Media Force (hereunder), in the scope of this document, described in your Search Engine Optimization Campaign, executed by and between JB Media Force and Client. All parties hereby agree and acknowledge:|
|JB Media Force reserves the right to update the terms & conditions listed in any of the following sections at any time without giving any notice to the public. JB Media Force reserves the rights to modify ad description and wording to comply with any Policies related to Search Engine Optimization (SEO) Advertising.|
JB Media Force will create Customer's Local Business Listing in the contracted search engines as well as optimize and promote Customer's website through Internet Search Engines and/or Social bookmarks and/or Web directories and/or Link Building Services and/or Article/Blogs Distribution (as states in the contract). JB Media Force may take up to thirty (30) calendar days from the payment date to process the data entry and to activate contracted service for the client, but it will usually be done in a much more prompt fashion.
For activation of Local Business Listings, Customer must supply JB Media Force with activation code received in the mail or by phone in order to activate the listing (search engine specific). The Customer is also responsible to provide JB Media Force with any other information in regards to the search engine optimization that can better the ranking for your website. Failure to do so can result in a lack of rankings or a drop in rankings. JB Media Force reserves the right to refuse Local Business Listing creation with specific keyword within first thirty (30) days after activation due to inability to fulfill Local Business Listing due to reasons unrelated to JB Media Force may substitute the keywords to generally accepted keywords or by modifying spelling to fulfill the contractual obligation under Local Business Listings and SEO Package. The Local Business Listings will only be advertised in a single geographical area and placed according to Customer's specific industry. Local Business Listing Advertising in additional geographical areas can be created under a new Advertising Package.
JB Media Force is not responsible for accuracy of information provided by the customer. JB Media Force does not guarantee the appearance on the ad outside the country of the advertised geographical location, due to language and regional settings. JB Media Force does not guarantee specific position(s) of the Customer's website in the search engines, but doing all reasonable and legitimate effort to move Customer's Local Business Listing and website to the highest position possible in the Search Engine Results. Images and Video content supplied are not guaranteed to appear due to possibility of technical issues unrelated to JB Media Force. JB Media Force does not guarantee appearance of the ad, if URL supplied by customer is not in working condition, as it will be automatically filtered out by the search engine.
Website Submission services do not guarantee inclusion of customers website in the submission results due to difference in search engine performance regulations and search algorithms.
Directory submission services do not guarantee acceptance to the directory for various reasons not related to JB Media Force.
Reports for campaign development are available upon request or if otherwise mutually agreed by JB Media Force and client, which is explicitly stated on the agreement.
Customer grants JB Media Force permission to utilize an automated software programs to retrieve and analyze websites associated with the Campaign for ad quality and serving purposes. JB Media Force may reject or terminate any Campaign at any time for Customer's failure to provide payment.
|Search Engine Marketing Campaign is subject to automatic renewal under same terms and conditions as specified in original agreement for the same duration as specified in original contract, Payment information specified in the contract will be used for purpose of payment for renewal and for monthly campaign payments. JB Media Force will provide a warning or message to the client (1) month prior to the automatic renewal (after the terms due in the contract) to notify them of the option of renewing or cancelling.|
After the agreement has been signed and the SEO campaign has been initiated, the Client may not cancel the contract or the search engine optimization campaign without providing a termination fee. The termination fee is stringent to how far the said Client is in their SEO campaign and will have to follow the terms that will be listed in the search engine optimization contract.
If a customer does choose to terminate their SEO campaign amidst a contract, they are due to pay the termination fee that will be CLEARLY listed in the original SEO contract signing period.
At any time JB Media Force may modify the Campaign and/or its Terms, including change in the price initially charged by JB Media Force for the Campaign by giving the Customer a one-week notice (hereinafter, the Notice of Change) with no liability to JB Media Force, its partners, appointees or affiliates. Should the Customer choose to continue with the Campaign at the end of the one-week period since the Notice of Change was delivered to the Customer, it is understood by the parties to this agreement that the Customer has accepted the Change to the Terms and accepted such changes.
Prohibited Uses; License Grant; Representations and Warranties
Customer shall not advertise personally and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice. Customer represents and warrants that it holds and hereby grants JB Media Force all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in formulating the keywords and advertisement needed for JB Media Force to operate Internet's advertising campaigns for Customer in connection with this Agreement.
Customer represents and warrants that all Customer information is complete, correct and current; and Customer's Services or product will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights, including, without limitation, intellectual property rights. Violation of the foregoing may result in immediate termination of this Agreement or customer's account without notice and may subject Customer to legal penalties and consequences.
|Customer represents and warrants that it is authorized to act on behalf of and has bound to this Agreement any third party for which Customer advertises.|
|Customer shall be responsible for all charges up to the amount of Search Engine Marketing Campaign, or as set in the contract, and shall pay all charges in U.S. Dollars. In case of declined/missing payment, all work on customer's account will be temporary suspended and customer must provide alternative payment within 14 days of the email notification. If payment is not provided within 14 days, the account will be cancelled and JB Media Force reserves the right to revert the customer's website to pre contract state and cancel or suspend all listings. JB Media Force reserves the right to a legal action against the Customer for any outstanding balances especially in the case of a breach of contract. Customer is responsible for paying all taxes, government charges, and reasonable expenses and attorneys fees JB Media Force incurs collecting outstanding amounts.|
|Customer also agrees and covenants to indemnify and save JB Media Force harmless from and against any and all third party claims, demands, actions and causes of action which may be made or brought against JB Media Force or the Customer or both in respect of SEMC or breach thereof, as well as Campaign conducted by JB Media Force, and from and against all damages, loss, cost, including legal costs on a solicitor and client basis, liability or expenses which the Customer may suffer or incur as a result of or in respect of the Campaign.|
The Agreement is governed by laws of California, USA. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other applicable agreements, terms and conditions applicable to the subject matter hereof. Any conflicting or additional terms contained in additional documents (e.g. reference to a purchase order number) or oral discussions are void. Each party shall not disclose the terms or conditions of these Terms to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with a government law, rule or regulation. Customer may grant approvals, permissions, extensions and consents by email. Any notices to JB Media Force must be sent to your service member with read receipt confirmation.
Notice to Customer may be effected by sending email to the email address specified in Customer's account, and is deemed received when sent. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of the SEMC will remain in full effect. Customer may not assign any of its rights hereunder and any such attempt is void.