Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website and services of Jones Web Development, a Missouri company ("Jones," "we," "us," or "our"). By accessing our website, submitting a contact form, or entering into a Web Development Agreement or similar written contract with us, you agree to these Terms.

If you have signed a Web Development Agreement with us, that agreement (including Exhibit A and other exhibits) controls for the specific project to the extent it differs from these Terms. If you do not agree to these Terms, please do not use our website or services. We may update these Terms from time to time; continued use after changes constitutes acceptance of the revised Terms where permitted.

We provide web development and related services as described in your written agreement. Project scope, deliverables, and specifications are defined in Exhibit A (or an equivalent statement of work) attached to or referenced in your contract.

We use reasonable efforts to complete work by the project completion date in your agreement, provided you meet your obligations and deadlines under that agreement.

Services you request that fall outside Exhibit A are additional services and are billed at the hourly rate stated in your Web Development Agreement unless we agree otherwise in writing.

Unless your signed agreement states otherwise:

• You pay the total project fee set in your agreement. A deposit of 50% of the total project fee is due when you sign. The remaining 50% is due on launch day and must be paid before the website goes live.
• Payments not received within 30 days of the invoice date incur a late fee of 5% of the outstanding balance per month.
• You are responsible for all sales, use, and excise taxes and any other similar taxes, duties, and charges imposed by any federal, state, or local authority on amounts you pay under your agreement.

You are responsible for providing all text, images, logos, and brand assets required for the project within 7 days of contract signing unless we agree otherwise in writing. Delays in delivering content beyond that period may result in timeline adjustments at our discretion.

You also agree to:

• Provide accurate information when you contact us or engage our services
• Supply timely feedback and approvals as agreed in your project
• Ensure you own or have the necessary licenses for all materials you provide ("Client Materials")
• Use deliverables lawfully and in line with any license terms we specify
• Maintain the confidentiality of any credentials or access we provide

Your project includes up to two (2) rounds of revisions at no additional cost, as described in your Web Development Agreement. Additional revision requests beyond those rounds are billed at $75 per hour and invoiced separately.

Work outside Exhibit A is treated as additional services and may be quoted or billed at the hourly rate in your agreement.

Upon final payment of all fees owed to us for the project, we assign to you all right, title, and interest in the final website design and code created specifically for you (the "Work Product"), consistent with your signed agreement.

We retain all rights to pre-existing code, tools, frameworks, and proprietary methods used in performing the services. We grant you a non-exclusive, non-transferable license to use those items only as embedded in or necessary to use the Work Product.

You represent that you own or have the necessary licenses for Client Materials. You grant us a limited license to use Client Materials solely to perform the services.

We may include a "Developed by Jones Web Development" link in the footer of your site and may feature the project in our professional portfolio, unless we agree otherwise in writing.

Both you and we agree to keep non-public information received from the other party confidential and to use it only to perform obligations under your agreement. This duty survives termination of the agreement.

We warrant that the Work Product will perform substantially in accordance with the specifications in Exhibit A for thirty (30) days following delivery, as set out in your Web Development Agreement.

Except as expressly provided in a written agreement between us, we provide services "as is" and disclaim all other warranties, whether express or implied, including warranties of merchantability and fitness for a particular purpose, to the extent permitted by law.

In no event shall we be liable for any indirect, incidental, special, or consequential damages, including loss of profits, even if advised of the possibility of such damages.

Our total liability under your Web Development Agreement or these Terms shall not exceed the total fees paid by you to us under that project or engagement, except where such a limitation is prohibited by applicable law.

Either party may terminate your Web Development Agreement if the other party breaches a material term and fails to cure that breach within thirty (30) days of written notice.

If you terminate without cause, or the agreement ends because of your breach, you forfeit the deposit in full. If work completed at termination exceeds the value of the deposit, you agree to pay for all documented work completed through the termination date, at the agreed project rate.

If the agreement ends because of our breach, we refund the deposit in full within fourteen (14) days of termination.

We may suspend or limit access to our marketing website for conduct that violates these Terms. Provisions that should survive termination (including confidentiality, intellectual property, limitation of liability, and indemnity, where applicable) survive.

You agree to indemnify and hold Jones Web Development harmless from any claims, damages, or expenses arising out of your use of the Work Product or any breach of your representations and warranties.

You may not misuse our website (for example, by attempting unauthorized access, introducing malware, or scraping in violation of our policies or applicable law).

These Terms and, unless your signed agreement provides otherwise, your Web Development Agreement are governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict-of-law principles.

If you have executed a Web Development Agreement with us, that agreement (together with Exhibit A and any other exhibits) constitutes the entire agreement between the parties regarding that project and supersedes prior or contemporaneous understandings about its subject matter, except as these Terms apply to general website use and future engagements not yet covered by a separate contract.

We may revise these Terms by posting an updated version on this page and updating the "Last updated" date. Material changes may also be communicated where appropriate. Your continued use of our website or services after changes constitutes acceptance of the revised Terms.

Our collection and use of personal information is described in our Privacy Policy.

For questions about these Terms of Service, please contact us:

• Email: contact@joneswebdev.com
• Website: Contact Form