Terms of Service
Last Updated: July 8, 2025
1. Agreement to Terms
By using our website, www.jandnwebdesign.com (the "Site"), or engaging our web design and development services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Site or our Services. These Terms constitute a legally binding agreement between you ("Client," "you") and J&N Web Design, LLC ("Company," "we," "us").
2. Scope of Services
We provide custom web design, development, maintenance, and related services as outlined in a specific project proposal or statement of work ("Proposal"). The Proposal, once agreed upon, will detail the scope, features, timeline, and cost of the project and is incorporated into these Terms by reference.
Any work falling outside the scope of the agreed-upon Proposal will be considered an "add-on" and may incur additional charges and timeline adjustments, which will be agreed upon in writing before work commences.
3. Client Responsibilities
To ensure a successful project, you agree to provide the following in a timely manner:
- Content: All text, images, logos, and other materials ("Client Content") required for the project.
- Feedback and Approvals: Timely feedback and approvals at each stage of the project. Delays in providing feedback may result in project timeline extensions.
- Access: Necessary access to domain registrars, hosting accounts, or other third-party services required for the project.
You represent and warrant that you own all rights to the Client Content or have obtained the necessary licenses to use it.
4. Payment and Fees
Fees for our Services will be detailed in the Proposal. Unless otherwise specified, our standard payment structure is as follows:
- A non-refundable deposit (typically 50%) is required before project commencement.
- The remaining balance is due upon project completion, prior to the launch of the website or delivery of final files.
All payments are due within 15 days of the invoice date. Late payments may be subject to a late fee. We reserve the right to suspend work or withhold delivery of the final project if payments are not made on time.
5. Intellectual Property
Client Content: You retain all ownership of your Client Content. You grant us a limited, non-exclusive license to use, reproduce, and display the Client Content solely for the purpose of performing the Services.
Our Work Product: Upon receipt of final payment, we grant you a worldwide, royalty-free, non-exclusive license to the final website design and code we create for you. You are free to use, modify, and display it for your business purposes.
Our Intellectual Property: We retain ownership of all of our pre-existing intellectual property, including our source code, tools, methodologies, and proprietary know-how. You may not reproduce, modify, or distribute our proprietary tools or code outside the scope of the final website we deliver to you.
6. Confidentiality
Both parties agree to keep all confidential information, including business strategies, client lists, and project details, private and not to disclose it to any third party without prior written consent, except as required by law.
7. Limitation of Liability
To the maximum extent permitted by law, J&N Web Design, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or goodwill, arising from your use of the Site or our Services.
Our total liability for any claim arising out of or relating to these Terms or our Services is limited to the total amount of fees you paid to us for the Services in question.
8. Term and Termination
Either party may terminate a project if the other party commits a material breach of these Terms and fails to remedy the breach within 14 days of written notice. Upon termination, you agree to pay for all work completed up to the date of termination. We will deliver all completed work upon receipt of payment.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to its conflict of law principles.
10. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Site or our Services after such changes constitutes your acceptance of the new Terms.
11. Contact Us
If you have any questions about these Terms of Service, please contact us:
J&N Web Design, LLC
Martinsburg, WV 25401
Email: gannj@jandnwebdesign.com
Phone: 681-247-9893
Contact Page