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LegalTerms

This page contains the terms of service and usage rules of JT Services.

State of New Jersey Rev. 133A18A
TERMS OF USE
JT WEB COMPUTER SOLUTIONS LLC

Version Date: July 01, 2017
TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and JT Web & Computer Solutions, LLC and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the http://www.jtwcsinc.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). The Website provides the following service: Websites, Domains, Web Hosting, Marketing Online, Social Media, Search directories, E-Commerce, Facebook Store, Amazon Store, Ebay Store Web Based Programming | Database Developments Computer Troubleshooting | Mac OS | Windows | Linux Networking Configuration | ePBX Telephone System (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

PURCHASES; PAYMENT

Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.

RETURN POLICY

Please review our Return Policy posted on our Website prior to making any purchases.

USER REPRESENTATIONS

Regarding Your Registration

By using the Company Services, you represent and warrant that:

A.?all registration information you submit is truthful and accurate;
B.?you will maintain the accuracy of such information;
C.?you will keep your password confidential and will be responsible for all use of your password and account;
D.?you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
E.?your use of the Company Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.

GUIDELINES FOR REVIEWS

Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If you are accessing the Company Services via a mobile application, then Company grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

Terms Applicable to Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Company Services. You acknowledge that this Agreement is concluded between you and Company only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and Company, not an App Distributor, is solely responsible for the Company application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Company application is limited to a non-transferable license to use the Company application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely responsible for providing any maintenance and support services with respect to the Company application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Company application. (3) WARRANTY: Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Company application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Company application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Company application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Company, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Company application or your possession and/or use of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Company application or your possession and use of the Company application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the Company application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Company application. (8) THIRD PARTY BENEFICIARY: Company and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Website; or (ii) allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Company and/or grant Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers. By granting Company access to any Third Party Accounts, you understand that (i) Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Company’s access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any Social Network Content. You acknowledge and agree that Company may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website. At your request made via email to our email address listed below, or through your account settings (if applicable), Company will deactivate the connection between the Website and your Third Party Account and delete any information stored on Company’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services (“Submissions”) provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.

THIRD PARTY WEBSITES AND CONTENT

The Website contains (or you may be sent through the Website or the Company Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

SITE MANAGEMENT

Company reserves the right but does not have the obligation to:

A.?monitor the Website for violations of this Agreement;
B.?take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
C.?in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;
D.?in Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
E.?otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.

PRIVACY POLICY

We care about the privacy of our users. Please review the Company Privacy Policy. By using the Website or Company Services, you are consenting to have your personal data transferred to and processed in the United States. By using the Website or the Company Services, you are consenting to the terms of our Privacy Policy.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.

DISPUTES

Between Users

If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

With Company

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Company Services shall be governed and construed by the laws of the State/Commonwealth of New Jersey, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to this Website and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Hudson County County, State of New Jersey; subject, however, to the right of Company, at the Company’s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Company Services (including your visit to or use of the Website and/or the Company Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce this Agreement.

CORRECTIONS

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

DISCLAIMERS

Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does not represent or imply that Company endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

USER DATA

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Website and Company Services. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

CONTACT US

In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

JT Web & Computer Solutions, LLC
405 Kearny Ave 2FL
Kearny, NJ 07032
Email: [email protected]
Phone: (855) 622-7210
Fax: (201) 467-5656

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GENERAL INSTRUCTIONS

WHAT IS A TERMS OF USE AGREEMENT?

A Terms of Use Agreement is a written set of rules and regulations between two parties, the User and the Company, that the User must agree to follow in order to use the Company’s website and services.

WHEN IS A TERMS OF USE AGREEMENT NEEDED?

While Terms and Conditions are not required by law, any website, especially e-commerce or social networking websites or applications and any website or internet service provider that stores a User’s personal data, should consider having Terms and Conditions.

A written set of Terms and Conditions protects the Company and acts an instruction manual for its website. It allows the Company to explain things related to its service or product, including, among other things:

• how purchases, payment, and returns are handled
• ownership and use of content and intellectual property
• how Users must conduct themselves, including any prohibited behavior
• limitations on liability and disclaimers
• the Company’s privacy policy

WHO NEEDS A TERMS OF USE AGREEMENT?

Almost every website or application that provides a service or product has a Terms of Use Agreement.

Here are some examples of websites and apps that use a Terms of Use Agreement:

• E-Commerce Company – Ebay, Amazon, Target, Gap
• Social Media Website or Application – Facebook, Instagram, Twitter, Snapchat • Search Engine – Google, Yahoo, Bing
• Website or Application Providing a Service or Product – YouTube, Apple, Uber
• Gaming Website or Application – Playstation, Pokemon Go, Candy Crush

WHAT SHOULD BE INCLUDED IN A TEMS OF USE?

A simple Terms of Service should generally have at least the following:

• Who is the Company providing the service or product
• What is the service or product provided by the Company
• Where is the Company’s website
• When will the agreement terminate
• Why might the User not be granted access to the website
• How does the User agree to accept the Terms of Service

The Company can tailor the rules and regulations, or “terms of use”, according to the service or product it provides and its specific needs. The Terms of Use Agreement can be posted on the Company’s website either as a browsewrap agreement or a clickwrap agreement.

OTHER NAMES

As a reference, a Terms of Use Agreement is known by other names:

• Terms of Service Agreement
• Terms and Conditions
• User Agreement
• Statement of Rights and Responsibilities
• Disclaimer
• TOU
• ToS
• TOS
• TOC

State of New Jersey Rev. 133C579
PRIVACY POLICY
JT WEB & COMPUTER SOLUTIONS LLC

Version Date: July 01, 2017

GENERAL

JT Web & Computer Solutions (“Company” or “we” or “us” or “our”) respects the privacy of its users (“user” or “you”) that use our website located at http://www.jtwcsinc.com, including other media forms, media channels, mobile website or mobile application related or connected thereto (collectively, the “Website”). The following Company privacy policy (“Privacy Policy”) is designed to inform you, as a user of the Website, about the types of information that Company may gather about or collect from you in connection with your use of the Website. It also is intended to explain the conditions under which Company uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Website, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the beginning of this document) and review any changes since the last time you used the Website.

The Website is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Website from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Website, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction. If your use of the Website would be unlawful in your jurisdiction, please do not use the Website.

BY USING OR ACCESSING THE WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION

Users of the Website Generally

“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most website operators, Company gathers from users of the Website Non-Personally-Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol (IP) address, operating system, browser type and the locations of the websites the user views right before arriving at, while navigating and immediately after leaving the Website. Although such information is not Personally-Identifying Information, it may be possible for Company to determine from an IP address a user’s Internet service provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data. Company analyzes Non-Personally-Identifying Information gathered from users of the Website to help Company better understand how the Website is being used. By identifying patterns and trends in usage, Company is able to better design the Website to improve users’ experiences, both in terms of content and ease of use. From time to time, Company may also release the Non-Personally-Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Website.

Web Cookies

A “Web Cookie” is a string of information which assigns you a unique identification that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website. We use cookies on the Website to keep track of services you have used, to record registration information regarding your login name and password, to record your user preferences, to keep you logged into the Website and to facilitate purchase procedures. Company also uses Web Cookies to track the pages that users visit during each Website session, both to help Company improve users’ experiences and to help Company understand how the Website is being used. As with other Non-Personally-Identifying Information gathered from users of the Website, Company analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help Company, its partners and others better understand how the Website is being used. COMPANY USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

Third-Party Advertisers

We may use third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including any Personally-Identifying Information) about your visits to the Website and other websites that are contained in Web Cookies in order to provide advertisements about goods and services of interest to you. Using a tool created by the Network Advertising Initiative, you can opt out of several third-party ad servers’ and networks’ Web Cookies simultaneously. If you would like more information about this practice and to know your choices about not having this information used by these companies, please follow the following links: http://networkadvertising.org/managing/opt_out.asp, http://preferences-mgr.truste.com/, or http://www.aboutads.info/choices/. Please contact us if you would like to know the identity of the third-party advertising companies we are currently using to serve ads.

We may allow advertisers to choose the characteristics of users who will see their advertisements, and we may use any of the Non-Personally Identifying Information we have collected (including information you may have decided not to show to other users, such as your birth year or other sensitive personal information or preferences) to select the appropriate audience for those advertisements. We do not identify you to the advertiser.

Web Beacons

A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. Company may use Web Beacons on the Website and in emails to count users who have visited particular pages, viewed emails and to deliver co-branded services. Web Beacons are not used to access users’ Personally-Identifying Information. They are a technique Company may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information, including a Web Cookie number, time and date of a page or email view and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons. However, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered, permitting you to accept or decline Web Cookies on an individual basis.

Analytics

We may use third-party vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads based on your past activity on the Website, including Google Analytics for Display Advertising. The information collected may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/) and/or opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings (www.google.com/settings/ads).

Aggregated and Non-Personally-Identifying Information

We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the Website and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the Website and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

Mobile Device Additional Terms

• Mobile Device. If you use a mobile device to access the Website or download any of our applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.

• Geo-Location Information. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while downloading or using our mobile application or our services, except that it may be possible for Company to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.

• Push Notifications. We send you push notifications if you choose to receive them, letting you know when someone has sent you a message or for other service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

• Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information, such as how often you use the application, the events that occur within the application, aggregated usage, performance data and where the application was downloaded from. We do not link the information we store within the analytics software to any Personally-Identifying Information you submit within the mobile application.

SOCIAL MEDIA

We may provide you the option to connect your account on the Website to your account on some social networking sites for the purpose of logging in, uploading information or enabling certain features on the Website. When logging in using your social network credentials, we may collect the Personally-Identifying Information you have made publicly available on the social networking site, such as your name, profile picture, cover photo, username, gender, friends network, age range, locale, friend list and any other information you have made public. Once connected, other users may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your account on the Website to your account on any social networking site, you hereby consent to the continuous release of information about you to us. We will not send any of your account information to the connected social networking site without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and our collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.

We may use hyperlinks on the Website which will redirect you to a social network if you click on the respective link. However, when you click on a social plug-in, such as Facebook’s “Like” button, Twitter’s “tweet” button or the Google+, that particular social network’s plugin will be activated and your browser will directly connect to that provider’s servers. If you do not use these buttons, none of your data will be sent to the respective social network’s plugin provider. So for example, when you click on the Facebook’s “Like” button on the Website, Facebook will receive your IP address, the browser version and screen resolution, and the operating system of the device you have used to access the Website. Settings regarding privacy protection can be found on the websites of these social networks and are not within our control.

COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION

Website Registration

As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Company may collect a range of Personally-Identifying Information from and about Website users. Much of the Personally-Identifying Information collected by Company about users is information provided by users themselves when (1) registering for our service, (2) logging in with social network credentials, (3) participating in polls, contests, surveys or other features of our service, or responding to offers or advertisements, (4) communicating with us, (5) creating a public profile or (6) signing up to receive newsletters. That information may include each user’s name, address, email address and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic or relevant information as determined by Company from time to time. Users of the Website are under no obligation to provide Company with Personally-Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Website features.

BY REGISTERING WITH OR USING THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.

Company Communications

We may occasionally use your name and email address to send you notifications regarding new services offered by the Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails at the time of registration or through your account settings, though we reserve the right to send you notices about your account, such as service announcements and administrative messages, even if you opt out of all voluntary email notifications.

Company Disclosures

Company will disclose Personally-Identifying Information under the following circumstances:

• By Law or to Protect Rights. When we believe disclosure is appropriate, we may disclose Personally-Identifying Information in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Company, our users, our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce our Terms of Use or other agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

• Marketing Communications. Unless users opt-out from receiving Company marketing materials upon registration, Company may email users about products and services that Company believes may be of interest to them. If you wish to opt-out of receiving marketing materials from Company, you may do so by following the unsubscribe link in the email communications, by going to your account settings (if applicable) or contacting us using the contact information below.

• Third-Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting the Website’s functionality and supporting contests, sweepstakes, surveys and other features offered through the Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.

• Business Transfers; Bankruptcy. Company reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of Company’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.

Changing Personally-Identifying Information; Account Termination

You may at any time review or change your Personally-Identifying Information by going to your account settings (if applicable) or contacting us using the contact information below. Upon your request, we will deactivate or delete your account and contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your account activity and accordance with our deactivation policy and applicable law. To make this request, either go to your account settings (if applicable) or contact us as provided below. We will retain in our files some Personally-Identifying Information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our Terms of Use and to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your Personally-Identifying Information will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with your account.

General Use

Company uses the Personally-Identifying Information in the file we maintain about you, and other information we obtain from your current and past activities on the Website (1) to deliver the products and services that you have requested; (2) to manage your account and provide you with customer support; (3) to communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties; (4) to develop and display content and advertising tailored to your interests on the Website and other sites; (5) to resolve disputes and troubleshoot problems; (6) to measure consumer interest in our services; (7) to inform you of updates; (8) to customize your experience; (9) to detect and protect us against error, fraud and other criminal activity; (10) to enforce our Terms of Use; and (11) to do as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. In particular, we may examine your Personally-Identifying Information to identify users using multiple user IDs or aliases. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on the Website, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions and otherwise as needed to manage our business.

COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY

Company contractually prohibits its contractors, affiliates, vendors and suppliers from disclosing Personally-Identifying Information received from Company, other than in accordance with this Privacy Policy. However, third parties are under no obligation to comply with this Privacy Policy with respect to Personally-Identifying Information that users provide directly to those third parties, or that those third parties collect for themselves. These third parties include advertisers, providers of games, utilities, widgets and a variety of other third-party applications accessible through the Website. Company neither owns nor controls the third-party websites and applications accessible through the Website. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third party, or using a third-party application, whether by means of a link on the Website, directly through the Website or otherwise, and before providing any Personally-Identifying Information to any such third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary to, in those users’ discretion, protect their privacy.

SECURITY

We take the security of your Personally-Identifying Information seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures.

We are dedicated to protect all information on the Website as is necessary. However, you are responsible for maintaining the confidentiality of your Personally-Identifying Information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your account. If you lose control of your account, you should notify us immediately.

PRIVACY POLICY CHANGES

Company may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Company’s Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Users should regularly check this page for any changes to this Privacy Policy. Company will always post new versions of the Privacy Policy on the Website. However, Company may, as determined in its discretion, decide to notify users of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that users always maintain and update their contact information.

CHILDREN

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain Personally-Identifying Information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personally-Identifying Information through the Website represents to us that he or she is 13 years of age or older. If we learn that Personally-Identifying Information has been collected from a user under 13 years of age on or through the Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a member of the Website or has otherwise transferred Personally-Identifying Information to the Website, please contact Company using our contact information below to have that child’s account terminated and information deleted.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about the Personally-Identifying Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of the Personally-Identifying Information that was shared and the names and addresses of all third parties with which we shared Personally-Identifying Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.

DO-NOT-TRACK POLICY

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. The Website does currently respond to DNT browser signals or mechanisms.

CONTACT

If you have any questions regarding our Privacy Policy, please contact our Privacy Officer at:

JT Web & Computer Solutions
Attn: Privacy Officer
405 Kearny Ave 2FL
Kearny, NJ 07032
Email: [email protected]
Phone: (855) 622-7210
Fax: (201) 467-5656

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GENERAL INSTRUCTION

WHAT IS A PRIVACY POLICY?

A Privacy Policy is a document or statement that describes how a company gathers, uses, manages, and releases the information of customers or visitors to its website. By accessing the company’s website, users accept to have to having their information collected and disclosed in accordance with the company’s Privacy Policy.

WHAT SHOULD BE INCLUDED?

A simple Privacy Policy will identify the following basic elements:
• Company: The name of the company that owns the website collecting information from its users.
• Website: The URL address of the company’s website that the user will be browsing and accessing.
• User’s Information: A description of the type of information that the website collects and discloses.
• Collection, Use, and Disclosure: What information the company will collect , how they will collect and use the information, and when and to whom they will disclose the information.

WHEN IS IT NEEDED?

While there is no federal law in the United States requiring that websites establish a Privacy Policy, many states and most other countries do require a website that collects and stores any personal information from its users to have one.

In the United States, the Federal Trade Commission (FTC) regulates laws and policies regarding the privacy practices of businesses and the protection of their customers’ personal information. The FTC also helps to enforce federal laws concerning the privacy of customers’ information, including the following:
• Fair Credit Reporting Act (FCRA), which limits how companies can obtain and use a customer’s credit and background reports.
• Gramm-Leach-Bliley Act, which requires financial institutions to clearly explain their ? information sharing practices and also restricts the sharing and use of specific financial information.
• Health Insurance Portability and Accountability Act (HIPAA) created a “Privacy Rule” that establishes a national set of standards of how health care service providers can use an individual’s protected health information.
• Children’s Online Privacy Protection Act (COPPA), requires websites that target and/or collect information from children under the age of 13 to post a Privacy Policy that complies with the COPPA requirements, and also implements certain parental notice and consent requirements.

Even if your company or website is not in a jurisdiction that requires a privacy policy, the reach of your website may subject it to the laws of other states and countries. For example, California, has enacted the California Online Privacy Protection Act of 2003 (CALOPPA) which requires any website collecting personal information to have a Privacy Policy posted on its website that is easily accessible to its users. Even if your website is not run from California, CALOPPA applies to any website that collects personal information from a California resident. Therefore it is likely that your website will be subject to the CALOPPA regulations.

The European Union has more established laws regarding privacy protection, including the Data Protection Directive (95/46/EC) and the E-Privacy Directive (2002/58/EC). These directives state that personal information of European Union residents can only be transferred to countries outside of the European Union that have policies with an adequate level of protection.

Therefore, if you are a website that gathers, stores, or uses personal information and data from clients and users, you should have a Privacy Policy for your website. You also need to make sure that you adhere to the promises and disclosures set forth in that policy.

OTHER NAMES

A Privacy Policy may also be called:
Privacy Statement, Internet Privacy Policy, Website Privacy Policy, Privacy Notice, Privacy Page, Privacy Information Policy

Copyright Complaint Steps

JT Web & Computer Soluyions requires DMCA notices to be filed via fax or letter. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. This ticket system has received what appears to be a possible DMCA complaint, but one or more of the following are missing: (a) the complaint does not contain sufficient information (b) the format of the complaint is inconsistent with the requirements of the DMCA (c) the complaint has been submitted via email without proper authentication (d) full contact information is missing. We will need you to re-submit your claim, using the proper format, including sufficient details, via postal mail or fax. Instructions on how to do so follow.

It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.jtwcsinc.com/tos”) or other information sufficient to specify the copyrighted work being infringed (for example, “The copyrighted work at issue is ?Intellectual Property: Valuation, Exploitation, and Infringement Damages? by Gordon V. Smith, published by Wiley, ISBN #047168323X”).
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item.
    An example:Infringing Web Pages:
    http://www.thewebsite.com/directory/
    http://www.thewebsite.com/something/blah.html
  3. Provide information reasonably sufficient to permit us to contact you.
  4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  7. Sign the paper.
  8. If via postal mail, send the written communication to the following address:
    JT Web & Computer Solutions Inc.
    Attn: Abuse Department, DMCA Complaint
    405 Kearny Ave suite C, Kearny NJ 07032
    United States of America
    OR fax to:
    (201) 456-6767, Attn: Abuse Department, DMCA Complaint

Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification.

We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)]

If a subscriber provides a proper “counter-notice” claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual’s objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]

If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]

Domain Control, Register, Transfer

JT Web & Computer Solutions Inc., is as an Authorized Re-seller of ENOM.com.
You can see the General eNom Policies under the links below:

General eNom Policies

 

Rules and limits to send email from JTWCS servers

There is a 100 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.

Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user’s connecting IP address. If you go over this you’re likely to get a wrong password error message or an error stating “login incorrect”. If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.

Any mailing list larger than 5,000 addresses will require a dedicated server or VPS hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.

There is also a limit to the number of Mailman mailing lists permitted as follows (NOTE: This does not apply to other mailing list programs such as PHPList. This only applies to Mailman.)

  • Hatchling package: 20 Mailman mailing lists
  • Baby package: 25 Mailman mailing lists
  • Business package: 50 Mailman mailing lists
  • Reseller and Dedicated packages: Unlimited number of Mailman mailing lists

Mailing List Rules

1. Any time you’re sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 2every 15 seconds would send 450 emails within 1 hour, keeping you below the 100 outgoing email limit.) If the mailing list software you’re using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel under Fantastico.

IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server’s load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.

2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM – 8AM Eastern Standard Time, Monday through Friday.

3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

Email Scripts must be able to handle and document all information from a double opt-in list. This includes processing opt-outs (via web or email) and list removal on bounce backs. All opt-outs or bounce back removals must be handled in a timely manner, and outbound mail must be throttled on shared packages to a maximum of five hundred (500) emails per hour. If your account is found to be using a script that does not meet these requirements, HostGator reserves the right to suspend, terminate, or deactivate your script or account.

4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

5. Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at:
http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm .

6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

 

Terms of Marketing Services

By using the JT Web & Computer Solutions Marketing services, you agree to be bound by the following terms and conditions. JT Web & Computer Solutions Marketing reserves the right to change the Terms and Conditions at any time without notice, and your continued use of JT Web & Computer Solutions Marketing constitutes your consent to such changes.

  1. DESCRIPTION OF SERVICES. JT Web & Computer Solutions will provide an ongoing set of online services including website design, copy and editorial development, search engine optimization and website updates as described on the signup page for each specific service.
  2. LIMITATIONS OF SCOPE. JT Web & Computer Solutions will not be responsible for work that is beyond the scope of services set forth in the subscription plan in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties.
  3. MANAGEMENT RESPONSIBILITY. JT Web & Computer Solutions will provide certain tools, methods and resources to Client that is intended to help Client grow and build its business. However, Client is fully and exclusively responsible for its own business performance and Client satisfaction. In addition, Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to Client’s business, including without limitation, data held by Client and its Clients, information provided by Client to Clients and/or other third parties and any safeguarding and security measures that may be required. JT Web & Computer Solutions may participate in implementing needed systems services and functions, but Client is solely responsible for the final outcomes, actions taken and results produced.
  4. COPYRIGHT. All content produced by JT Web & Computer Solutions within the scope of Services including software and web code, contents, graphics and design, or material developed or licensed by JT Web & Computer Solutions for the Client as part of the Services is copyrighted by JT Web & Computer Solutions and remains the exclusive property of JT Web & Computer Solutions. Upon termination of this Agreement copyrights shall remain with JT Web & Computer Solutions. After twelve months of service and full payment if Client chooses to cancel this agreement per the conditions in Section 6 below all JT Web & Computer Solutions copyrighted content, EXCEPT software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create the Client website and newsletter can be used indefinitely by Client for their company website, newsletter and other marketing collateral. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content. In the event JT Web & Computer Solutions ceases business operations and providing the services described in this agreement all JT Web & Computer Solutions copyrighted content, EXCEPT software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create the Client website and newsletter can be used indefinitely by Client for their company website, newsletter and other marketing collateral. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
  1. LINK. Customer hereby acknowledges and agrees that JT Web & Computer Solutions shall have the right to use the name of Client, including the Client Web Site, for reference as a customer of JT Web & Computer Solutions services for referral and marketing purposes.
  2. TERM/TERMINATION. Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. JT Web & Computer Solutions will start subscription billing to Client beginning the date (“Renewal Date”) client agrees to these terms of services and it shall automatically renew for subsequent twelve (12) months periods until it is formally terminated in writing or email. Termination of this Agreement requires written or email notice delivered sixty (60) days prior to the desired date of termination. A repeated failure to make payment by date due during any period gives JT Web & Computer Solutions the option for immediate termination. Upon the expiration or termination of this Agreement for non-payment or non-performance by client, (i) all licenses granted by JT Web & Computer Solutions to Client hereunder shall automatically terminate and Client shall immediately cease its use of the licensed content and other provided marketing collateral, and (ii) Client’s right to the Services afforded to JT Web & Computer Solutions’s Clients shall automatically terminate.

 

  1. PAYMENT FOR SERVICES. Client will pay monthly fees to JT Web & Computer Solutions for a subscription to Services as described in JT Web & Computer Solutions plan in effect at the time of this agreement and for the license to use the JT Web & Computer Solutions web services, software and licensed content in conjunction with these services. Payment will be made by automatic credit card transactions. Invoices will include monthly subscription fees and any additional fees for elective or other additional Services that have been purchased by the Client. Invoices will be issued and automatic transactions processed on the Renewal Date as described in Section 6 above. JT Web & Computer Solutions reserves the right to assess and collect late-payment charges of 1.5% per month on past due balances.
  2. WARRANTY. JT Web & Computer Solutions shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in JT Web & Computer Solutions’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and JT Web & Computer Solutions disclaims, and client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. JT Web & Computer Solutions does not warrant that the software or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
  3. LIMITATIONS OF LIABILITY. Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of JT Web & Computer Solutions, JT Web & Computer Solutions’s liability to pay damages for any losses incurred by client as a result of breach of contract, negligence or other tort committed by JT Web & Computer Solutions, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent three (3) months of base fees paid under this agreement. In any case, JT Web & Computer Solutions and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, JT Web & Computer Solutions shall have no liability to client arising from or relating to any third party hardware, software, information or materials. JT Web & Computer Solutions is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though JT Web & Computer Solutions will attempt to prevent or minimize exposure to such risks.
  4. INDEMNIFICATION. Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against JT Web & Computer Solutions and its licensors arising from products or services related to this Agreement. Conversely, JT Web & Computer Solutions shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of JT Web & Computer Solutions.
  5. GOVERNING LAW. You agree that these Terms and Conditions shall be treated as though they were executed and performed in New Jersey, USA and shall be governed by and construed in accordance with the laws of New Jersey, USA (without regard to conflict of law principles). All legal proceedings arising out of or in connection with these Terms and Conditions or any other agreement related to the use of JT Web & Computer Solutions services shall be brought solely in New Jersey, USA. JT Web & Computer Solutions is located at 405 Kearny Ave, 2nd Floor, Kearny NJ 07032, USA.

 

 

Fees for Subpoena Compliance

Payment must be made to JT Web & Computer Solutions Inc., by the person or entity submitting the civil subpoena, for costs associated with subpoena compliance prior to the delivery of the subpoenaed information.

JT Web & Computer Solutions Inc. subpoena compliance costs are as follows:

  • Research – $198.00/hour
  • Federal Express – Cost as Billed
  • Copies – $.50/page
  • Compact Disc – $10.00/per CD
  • Bank Wire Transfer Fees – Court Research Costs

Any applicable taxes are due in addition to the above fees.

For credit card processing information, please contact [email protected]

Checks should be made out to JT Web & Computer Solutions Inc., and mailed to:
405 Kearny Ave suite C, Kearny NJ 07032, USA

Terms of this Agreement

  1. Overview

The above named client is engaging JT Web & Computer Solutions Inc., office located at 405 Kearny Ave Suite C, Kearny, NJ 07032, a Limited Company, as an independent contractor for specific purpose of developing and/or improving a website to be installed on the web space located on a JTWCS Server.

Hereafter, the client will be known as “The Client” and JT Web & Computer Solutions Inc. will be known as “The Company.”

The Company will establish one account on one of the many servers managed by the company. The Client hereby authorizes The Company to access this account, and authorizes the Hosting Company to provide The Company with permission to edit The Client’s web page directory, data tables and any other directories or programs that need to be accessed for this project.

1A. Authorization

In consideration of The Company being obligated to conduct an independent service for The Client, the agreement is as follows:

  • The Company hereby agrees to perform the tasks mentioned in the functional specification document named for the above named client.

1B. Independent Contractor

The Client and The Company are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither The Client nor The Company has any authority to assume or create any obligation or liability, either expressed or implied, on behalf of the other.

  1. Domain Registration

If The Client does not have the domain registration, he authorizes The Company to register one, of his choosing, once it is available. The Company will register 1 (one) domain of The Client’s choice with no extra charge during this Contract. By The Client’s request, The Company will register another domains and the charges incurred in doing so will be billed to The Client as an addition to the base price contemplated by this Contract. If The Client already has a domain name, The Company may coordinate to transfer to our current registrar service. If The Client desire a specific domain name which is already owned by another party and negotiations for said domain name must be undertaken by The Company, additional charges may apply. The Client will be contacted in advance before any negotiations of this nature are undertaken or charges are incurred.

  1. Development Requirements

Details of the requirements of the projects are listed out in the proposal document presented and the first page of this agreement.

  1. Training

The Company will provide email and telephone assistance to The Client’s designated representatives regarding management of The Client’s web site. Sometimes, however, training for groups on-site at The Client’s place of business is desired. If this is desired, the charges incurred by The Client for training and the details of what will be provided will be listed in Appendix A of this agreement.

  1. Base Package

This agreement contemplates standard branding web pages with layout, graphic creation and PHP and JavaScript, J Query, Web 2.0, JavaScript, Perl, XHTML, and Flash, which will allow this website to be compatible with the all common browsers and their versions included at a rate agreed upon in Article 8.

The Client recognizes that because of updates and development in software’s, programming languages, and technologies that it cannot be assumed that the site will be compatible with alternate servers, earlier versions of software, or technologies or versions of software which had not been released to the public at the time of this contract. Any change in the hosting facility including to a facility running the same software as is specified above, programming languages and versions as specified, server platform (or newer or older versions of the specified platform), installed server software, or newer or older versions of installed server software, or other changes by The Client to the above specifications may cause the site to require modifications, testing, or setup at additional expense to The Client.

  1. Text

Final text should be supplied by The Client unless otherwise specified in Appendix A. We suggest 200-500 words per page. Web pages of more than 1,200 words of text may be subject to additional fees for increased formatting time.

  1. Cross Browser Compatibility

Our agreement contemplates the creation of a web site viewable by all the common internet browsers like Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Safari, Opera, etc. Compatibility is defined herein as all critical elements of each page being viewable in these browsers. The Client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. The Client is also aware that as new browser versions of browsers are developed, the new browser versions may not be backwards compatible. For regular monitoring and update of sites to keep pace with these developments it is better to make a Maintenance Agreement with the company separately. Alternatively if and when time is spent to redesign a site for compatibility due to the introduction of a new browser version it will be separately negotiated and billed accordingly.

  1. Accessibility, Usability, Cross-Platform Issues.

Our designers will do their best to make sites cross-platform, accessible and as usable as possible. The Client understands that some site features will cause a website to not meet these standards 100%. The Client understands that no website will look and function identically on all browsers and operating systems.

The Client will be informed if features requested by The Client will negatively impact website accessibility, usability, and cross-platform use. The Client agrees to indemnify and hold The Company harmless against all claims with regard to these matters.

  1. Graphic Creation

It is anticipated that The Company will create, capture or receive from The Client all the graphic elements necessary to complete The Client’s website. This includes creating ancillary images, animated graphics and banner advertisements.

  1. Payment for Services

The Client agrees to pay to The Company the total amount and all consecutive monthly fee for the hosting service as described on first page of this Agreement. Payment will be made by automatic credit card transaction as authorized. The invoice will be generated and sent via email 5 days prior due date as a cortesy notification. The invoice may inclued other additional services that have been requested by the The Client’s Agreement signature. Invoices will be issued and automatic transactions processed on the Renewal Date as described on the first page. The Client must to keep the credit card information update and the Company reserves the right to assess and collect late-payment charges of $15 per month on past due balances. All services described in this agreement will be automatically discontinued after 30th day of past due with no money refund, under item 30 of this Agreement. 

  1. Website Updates and Maintenance

The package choosed by The Client includes monthly hours for website maintenance, but when the update takes more time than that, The Company will charge $198/hour as an extra time. For any drastic changes to the website including, but not limited to, changes in theme or navigational structure after having commenced development of the initial design agreed upon. Any serious updates taking longer than three workdays, will be required an estimate approbation by The Client. Any expense that over the maximum amount described on the pakage choosed, will be discussed prior 30 days with The Client.

  1. Description of Services

The Company will make available, during business hours, a telephone/email helpdesk facility to enable The Client to contact The Company in relation to requests for Maintenance Services and Technical Support Services. The Company will respond to requests for support made through the helpdesk within business hours Mon-Fri 9:30am-8pm.

Subject to Clause 15.1, upon the request of The Client through the helpdesk, The Company will provide the following Maintenance Services to The Client during the term in relation to the website in accordance with the services levels specified in the schedule:

(a)  Adding new content to the Website (where new content is provided by The Client to The Company)

(b)  Effecting minor changes to the design of the website at the direction of The Client (The Company shall determine, acting reasonably, whether any given changes is “minor”)

(c)  Effecting minor changes to the software and/or database comprised in the website at the direction of The Client (The Company shall determine, acting reasonably, whether any given changes is “minor”).

Subject to Clause [15.1], the Company will use all reasonable endeavors to attempt to:

(a)  Answer technical queries relating to the website.

(b)  Resolve faults and errors in the website (excluding faults and errors in, or caused by: (i) any hardware, or (ii) any software or system external to the Website

(c) Notified by The Client through the helpdesk, in each case in accordance with the services levels specified in the schedule.

  1. Third Party or Client Page Modification

Third Party and/or Client page modification is not allowed, only The Company’s webmaster has administrator access to the website, system database or any other programming or code. If The Client or an agent of The Client, other than The Company, attempts to get administrator access by backdoor or any other way, The Client will assuming all costs of intellectual property invasion.

  1. Additional Expenses

The Client agrees to reimburse The Company for any critical Client requested expenses necessary for the completion of the project. Examples would be:

  1. Purchase of specific fonts, photography, plugins, software or any other feature at The Client’s request

 

  1. Copyrights and Trademarks

All content produced by The Company within the scope of Services including software and web code, contents, graphics and design, or material developed or licensed by The Company for The Client as part of the Services is copyrighted by The Company and remains the exclusive property of The Company. Upon termination of this Agreement copyrights shall remain with The Company. After twelve months of service and full payment if The Client chooses to cancel this agreement per the conditions in Section 31 below, all The Company copyrighted content, EXCEPT software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create The Client website and newsletter can be used indefinitely by The Client for their company website, newsletter and other marketing collateral. This use will be restricted to The Client company use only and The Client does not have any rights to resell, license or otherwise allow 3rd party’s use of the content.

In the event that The Company ceases business operations and stops providing the services described in this agreement, all The Company copyrighted content, EXCEPT software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create the Client website and newsletter can be used indefinitely by The Client for their company website, newsletter and other marketing collateral. This use will be restricted to The Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd party’s use of the content.

  1. Warranty

The Company shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in The Company’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and The Company disclaims, and The Client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guarantee or representation related to the services. The Company does not warrant that the software or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall The Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

  1. Limitations of Liability: Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of The Company, The Company’s liability to pay damages for any losses incurred by The Client as a result of breach of contract, negligence or other tort committed by The Company, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent three (3) months of base fees paid under this agreement. In any case, The Company and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, The Company shall have no liability to The Client arising from or relating to any third party hardware, software, information or materials. The Company is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though The Company will attempt to prevent or minimize exposure to such risks.
  1. Indemnification

The Client agrees that it shall defend, indemnify, save and hold The Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with The Company’s development of The Client’s website. This includes liabilities asserted against The Company, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by The Client, its agents, employees or assigns.

The Client also agrees to defend, indemnify and hold harmless The Company against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over The Client’s website. This includes infringing upon on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. 

  1. Ownership to the Web Pages and Graphics

Copyright to the finished assembled work of web pages and graphics produced by The Company shall be vested with The Client upon final payment for the project. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of The Client for completion of this project. Rights to photos, graphics, videos, toll free number(s), database forms, and computer programs are specifically not transferred to The Client, and remain the property of their respective owners or of The Company. Developer and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios. 

  1. Design Credit

The Client agrees that The Company add a byline on the bottom of their index.html or main.html web page for establishing design and development credit. The Client also agrees that the website created for The Client may be included in The Company’s portfolio.

The Client hereby acknowledges and agrees that The Company shall have the right to use the name of The Client, including The Client’s Web Site, for reference as a customer of The Company services for referral and marketing purposes. 

  1. Nondisclosure

The Company, its employees and subcontractors agree that, except as directed by The Client, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Likewise, The Client agrees that it will not convey any confidential information obtained about The Company to another party. 

  1. Confidential Information

“Confidential Information”, as contemplated in this Contract, shall include the terms of this Contract, any services provided by The Company, the prices and fees charged under this Agreement, any other materials marked confidential by The Client and any other information conveyed under this Contract that is identified in writing as confidential at the time of its conveyance.

     24.1:   Both the parties acknowledge and agree that:

  1. The Confidential Information constitutes valuable trade secrets of the party owning such Confidential Information
  2. They will use Confidential Information solely in accordance with the provisions of this Contract
  3. They will not disclose, or permit to be disclosed, the Confidential Information of the other party to any third party without the disclosing party’s prior written consent.

Each party will take all reasonable precautions necessary to safeguard the confidentiality of the other party’s Confidential Information including, at a minimum, those precautions taken by a party to protect its own Confidential Information, which will in no event be less than a reasonable degree of care.

24.2:   Confidential Information will not include information that is:

  1. Publicly available
  2. Already in the other party’s possession and not subject to a confidentiality obligation
  3. Obtained by the other party from any source without any obligation of confidentiality
  4. Independently developed by the other party without reference to the disclosing party’s Confidential Information
  5. Required to be disclosed by order of a court or other governmental entity; provided no less than ten (10) days written notice is given to the party owning such confidential Information so that such party may obtain a protective order or other equitable relief.
  1. Completion Date

The Company and The Client must work together to complete the website in a timely manner for both parties to remain profitable. We agree to work expeditiously to complete this project according the “Time Line” steps listed on page 10 of this Agreement.

  1. Website delivery

After the website is finished and deployed (uploaded to the host server), The Client may want to update the website, such as adding pages or information to a page. These updates are not addressed by this Agreement, and must be negotiated separately between The Client and The Company. This Agreement includes the process of submitting the newly-developed site to the following search engines: Google; Bing and Yahoo, as described in the package. The Client can choose an add-on package to do this service more accurately, paying a “submittal service” under a separate agreement.

  1. Hosting Services

This Agreement is based upon the website being hosted on a The Company servers, under the conditions below:

26.1: Disk Space and Data Transfer transfer are limited, 99.99% Uptime, Domain for life, Root files and database Backup according chosen plan. We strive to maintain the website and database with integrity using the protective systems most commonly used in the market, but we are not responsible for damages and/or data theft occurred by intrusion through backdoors or other means.

26.2: Email Limit

  1. a) There is a 100 outgoing email hourly limit per domain. This limit is also applied towards the mailer. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again, so we recommend waiting at least 1 hour after this issue occurs to begin sending emails again.

26.3: Mailing List Rules

  1. a) Any mailing list over 900 email addresses isn’t allowed. We strongly recommend you to use our email mass system at “JTEmail.us” (extra charge will be apply). You can use any third party service of your choice.
  2. b) All your lists must be a Double Opt-In This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
  3. Other Electronic Commerce Business Relationships.

The Client understands that the web host, credit card processing services and any other businesses are not owned by The Company, are not parties to this contract and are separate business entities from The Company. The Client understands that The Company has no control over functionality or availability of website due to the actions or inaction of the web host server, credit card processing, online banking and any other business services The Client uses to transact business over the Internet outside of The Company. The Company makes no representations, warranties or guarantees for any recommendations of other Internet business partners.

  1. Testing and Acceptance Procedures.

The Company will make every good-faith effort to test all elements of the web site thoroughly and make all necessary corrections as a result of such testing prior to handing over the deliverables to The Client. Upon receiving the website, within 30 days, The Client shall either accept the website providing The Company with written notice of any corrections to be made and a suggested date for completion, which should be mutually acceptable by both The Company and The Client.

  1. Electronic Commerce Law

The Client agrees that The Client is solely responsible for compliance with federal and/or state laws regarding any electronic commerce conducted through their website and will hold harmless The Company and its subcontractors from any claim, causes of action, penalty, tax, and/or tariff arising from The Client’s use of electronic commerce.

  1. Terms of Termination of this Agreement

By the New Jersey Consumer Protection Law, this agreement can be canceled within 7 (seven) days after signing with writing letter and posted as certified or registered mail. The Company shall have the right to retain 50% of setup amount for administrative and agents visit costs. The Company will refund 50% within 15 business days. After the 7th day of the signing, the early termination of this agreement can be done only with a 60 days prior notice. All development payments described on first page must be paid in full and all expenses for Ad Programs that include CPC/PPC/CPM program or other Ad Program within these 60 days will be covered by The Client to The Company under the same terms as listed in Article 15 already invested in the project by the time at $198/hr. An  invoices with the total termination expenses will be billed to The Client within 10 (ten) days of notification via letter to stop the work. Final payment will be expected under the same terms as listed in Article 11 above. Upon termination of this agreement, all the elements used in the website to the ALLINONE process will be discontinued and disconnected. Files, databases, accounts opened in outsourced or third parties services will be closed and deleted. Customer acknowledges and understands that lose access to all of these elements and access, including: generated database that leads have been receiveds and connections to smartphones, tablets, desktops and laptops.

  1. Notices

All notices, requests, demands, and other communications required by, or made in connection with, this Contract or the transactions contemplated by this Contract, must be in writing and will be deemed to have been duly given on the date of delivery if mailed by certified or registered mail, postage prepaid, return receipt requested or delivered in person, addressed as follows:

If to The Client: __________________________________________

________________________________________________

E-mail: __________________________________________

Phone: __________________________________________

If to The Company:JT Web & Computer Solutions Inc.

405 Kearny Ave suite C, Kearny NJ 07032
Email: [email protected]
Phone: +1(855)622-7210

 

  1. Expiry in Certain Conditions

Not with standing anything to the contrary contained herein, the Contract shall become void and nullified in case of

  1. a) Any of the party goes into liquidation, whether voluntary or compulsory or enters into a compromise with its creditors
  2. b) Any of the Party becomes bankrupt, insolvent, retires or dies
  3. c) A decree, execution or other process is levied upon, or if an encumbrance takes possession of, or if a receiver is appointed for, any part of property of the company.
  4. d) There is any change in the constitution, organization or management of the parties to the agreement.

 

  1. Assignment

The Client will not assign or otherwise transfer this Contract, in whole or in part, nor delegate or subcontract any of its rights or obligations hereunder, without the consent of The Company which consent may be withheld, delayed or conditioned. The Company shall have the right to assign this Contract, in whole or in part, to a third party at any time upon written notice to The   Client.

 

  1. Severability

If any provision of this Contract is held to be unenforceable for any reason, such provision will be adjusted rather than voided, if possible, in order to achieve the intent of the parties to the maximum extent possible. In any event, all other provisions of this Contract will be deemed valid and enforceable to the full extent possible.

  1. Waiver

The waiver of any term or condition contained in this Contract by any party to this Contact will not be construed as a waiver of a subsequent breach or failure of the same term or condition or a waiver of any other term or condition contained in this Contract.

  1. Force Majeure

Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, failure of suppliers to perform, governmental regulations, power failure(s), earthquakes, terrorist attacks or other disaster.

  1. Counterpart and Facsimile Signatures

This Contract may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. This Contract may be executed by facsimile signature (including signatures in Adobe PDF or similar format).

  1. Arbitration

Any dispute or question which may arise at any point of time hereafter between The Client and The Company touching upon the true construction of this contract or the rights & liabilities of the parties hereto, shall be referred to the decision of a single arbitrator appointed by the company. Such arbitration shall be held in accordance with and subject to the provision of the Arbitration & Conciliation Act 1996 and or any statutory modification or reenactment thereof for the time being in force. The arbitration proceedings shall be conducted at the time and place as decided by the parties.

  1. Jurisdiction

This Contract and the rights and obligations of the parties under this Contract shall be governed by, and interpreted and be enforced in accordance with, the laws of the United States of America, State of New Jersey, without regard to conflicts of law principles. Any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement interpretation or validity thereof shall be exclusively resolved by final and binding arbitration administered under its comprehensive arbitration rules than in effect as modified by the provision of this section. The venue for such arbitration shall be in Kearny, New Jersey or such other location to which all parties may otherwise express in writing. Arbitration proceeding shall take place before a single arbitrator who shall be a lawyer and a former judge. If the parties cannot agree upon the choice of arbitrator within 20 business days of the date, a matter is submitted for arbitration the parties shall request, accept, assignment of an arbitrator. The arbitrators award shall be final and binding and judgment may be entered upon such award by any court of competent jurisdiction the foregoing dispute resolution provisions of this agreement shall not prevent the parties from seeking or obtaining preliminary injunctive or other provisional relief from a court of competent jurisdiction as provided above for the purpose of preventing irreparable injury, loss or damage pending a final resolution of the dispute, claim or controversy according to such dispute resolutions. The prevailing party in any suit or arbitration shall be entitled to an award of its reasonable attorney’s fees and cost in addition to and not in limitation of, other available remedies.

Terms of this Agreement

  1. Overview

The above named client is engaging JT Web & Computer Solutions Inc., office located at 405 Kearny Ave Suite C, Kearny, NJ 07032, a Limited Company, as an independent contractor for specific purpose of developing and/or improving a website to be installed on the web space located on a JTWCS Server.

Hereafter, the client will be known as “The Client” and JT Web & Computer Solutions Inc. will be known as “The Company.”

The Company will establish one account on one of the many servers managed by the company. The Client hereby authorizes The Company to access this account, and authorizes the Hosting Company to provide The Company with permission to edit The Client’s web page directory, data tables and any other directories or programs that need to be accessed for this project.

1A. Authorization

In consideration of The Company being obligated to conduct an independent service for The Client, the agreement is as follows:

  • The Company hereby agrees to perform the tasks mentioned in the functional specification document named for the above named client.

1B. Independent Contractor

The Client and The Company are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither The Client nor The Company has any authority to assume or create any obligation or liability, either expressed or implied, on behalf of the other.

  1. Domain Registration

If The Client does not have the domain registration, he authorizes The Company to register one, of his choosing, once it is available. The Company will register 1 (one) domain of The Client’s choice with no extra charge during this Contract. By The Client’s request, The Company will register another domains and the charges incurred in doing so will be billed to The Client as an addition to the base price contemplated by this Contract. If The Client already has a domain name, The Company may coordinate to transfer to our current registrar service. If The Client desire a specific domain name which is already owned by another party and negotiations for said domain name must be undertaken by The Company, additional charges may apply. The Client will be contacted in advance before any negotiations of this nature are undertaken or charges are incurred.

  1. Development Requirements

Details of the requirements of the projects are listed out in the proposal document presented and the first page of this agreement.

  1. Training

The Company will provide email and telephone assistance to The Client’s designated representatives regarding management of The Client’s web site. Sometimes, however, training for groups on-site at The Client’s place of business is desired. If this is desired, the charges incurred by The Client for training and the details of what will be provided will be listed in Appendix A of this agreement.

  1. Base Package

This agreement contemplates standard branding web pages with layout, graphic creation and PHP and JavaScript, J Query, Web 2.0, JavaScript, Perl, XHTML, and Flash, which will allow this website to be compatible with the all common browsers and their versions included at a rate agreed upon in Article 8.

The Client recognizes that because of updates and development in software’s, programming languages, and technologies that it cannot be assumed that the site will be compatible with alternate servers, earlier versions of software, or technologies or versions of software which had not been released to the public at the time of this contract. Any change in the hosting facility including to a facility running the same software as is specified above, programming languages and versions as specified, server platform (or newer or older versions of the specified platform), installed server software, or newer or older versions of installed server software, or other changes by The Client to the above specifications may cause the site to require modifications, testing, or setup at additional expense to The Client.

  1. Text

Final text should be supplied by The Client unless otherwise specified in Appendix A. We suggest 200-500 words per page. Web pages of more than 1,200 words of text may be subject to additional fees for increased formatting time.

  1. Cross Browser Compatibility

Our agreement contemplates the creation of a web site viewable by all the common internet browsers like Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Safari, Opera, etc. Compatibility is defined herein as all critical elements of each page being viewable in these browsers. The Client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. The Client is also aware that as new browser versions of browsers are developed, the new browser versions may not be backwards compatible. For regular monitoring and update of sites to keep pace with these developments it is better to make a Maintenance Agreement with the company separately. Alternatively if and when time is spent to redesign a site for compatibility due to the introduction of a new browser version it will be separately negotiated and billed accordingly.

  1. Accessibility, Usability, Cross-Platform Issues.

Our designers will do their best to make sites cross-platform, accessible and as usable as possible. The Client understands that some site features will cause a website to not meet these standards 100%. The Client understands that no website will look and function identically on all browsers and operating systems.

The Client will be informed if features requested by The Client will negatively impact website accessibility, usability, and cross-platform use. The Client agrees to indemnify and hold The Company harmless against all claims with regard to these matters.

  1. Graphic Creation

It is anticipated that The Company will create, capture or receive from The Client all the graphic elements necessary to complete The Client’s website. This includes creating ancillary images, animated graphics and banner advertisements.

  1. Payment for Services

The Client agrees to pay to The Company the total amount and all consecutive monthly fee for the hosting service as described on first page of this Agreement. Payment will be made by automatic credit card transaction as authorized. The invoice will be generated and sent via email 5 days prior due date as a cortesy notification. The invoice may inclued other additional services that have been requested by the The Client’s Agreement signature. Invoices will be issued and automatic transactions processed on the Renewal Date as described on the first page. The Client must to keep the credit card information update and the Company reserves the right to assess and collect late-payment charges of $15 per month on past due balances. All services described in this agreement will be automatically discontinued after 30th day of past due with no money refund, under item 30 of this Agreement. 

  1. Website Updates and Maintenance

The package choosed by The Client includes monthly hours for website maintenance, but when the update takes more time than that, The Company will charge $198/hour as an extra time. For any drastic changes to the website including, but not limited to, changes in theme or navigational structure after having commenced development of the initial design agreed upon. Any serious updates taking longer than three workdays, will be required an estimate approbation by The Client. Any expense that over the maximum amount described on the pakage choosed, will be discussed prior 30 days with The Client.

  1. Description of Services

The Company will make available, during business hours, a telephone/email helpdesk facility to enable The Client to contact The Company in relation to requests for Maintenance Services and Technical Support Services. The Company will respond to requests for support made through the helpdesk within business hours Mon-Fri 9:30am-8pm.

Subject to Clause 15.1, upon the request of The Client through the helpdesk, The Company will provide the following Maintenance Services to The Client during the term in relation to the website in accordance with the services levels specified in the schedule:

(a)  Adding new content to the Website (where new content is provided by The Client to The Company)

(b)  Effecting minor changes to the design of the website at the direction of The Client (The Company shall determine, acting reasonably, whether any given changes is “minor”)

(c)  Effecting minor changes to the software and/or database comprised in the website at the direction of The Client (The Company shall determine, acting reasonably, whether any given changes is “minor”).

Subject to Clause [15.1], the Company will use all reasonable endeavors to attempt to:

(a)  Answer technical queries relating to the website.

(b)  Resolve faults and errors in the website (excluding faults and errors in, or caused by: (i) any hardware, or (ii) any software or system external to the Website

(c) Notified by The Client through the helpdesk, in each case in accordance with the services levels specified in the schedule.

  1. Third Party or Client Page Modification

Third Party and/or Client page modification is not allowed, only The Company’s webmaster has administrator access to the website, system database or any other programming or code. If The Client or an agent of The Client, other than The Company, attempts to get administrator access by backdoor or any other way, The Client will assuming all costs of intellectual property invasion.

  1. Additional Expenses

The Client agrees to reimburse The Company for any critical Client requested expenses necessary for the completion of the project. Examples would be:

  1. Purchase of specific fonts, photography, plugins, software or any other feature at The Client’s request

 

  1. Copyrights and Trademarks

All content produced by The Company within the scope of Services including software and web code, contents, graphics and design, or material developed or licensed by The Company for The Client as part of the Services is copyrighted by The Company and remains the exclusive property of The Company. Upon termination of this Agreement copyrights shall remain with The Company. After twelve months of service and full payment if The Client chooses to cancel this agreement per the conditions in Section 31 below, all The Company copyrighted content, EXCEPT software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create The Client website and newsletter can be used indefinitely by The Client for their company website, newsletter and other marketing collateral. This use will be restricted to The Client company use only and The Client does not have any rights to resell, license or otherwise allow 3rd party’s use of the content.

In the event that The Company ceases business operations and stops providing the services described in this agreement, all The Company copyrighted content, EXCEPT software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create the Client website and newsletter can be used indefinitely by The Client for their company website, newsletter and other marketing collateral. This use will be restricted to The Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd party’s use of the content.

  1. Warranty

The Company shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in The Company’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and The Company disclaims, and The Client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guarantee or representation related to the services. The Company does not warrant that the software or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall The Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

  1. Limitations of Liability: Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of The Company, The Company’s liability to pay damages for any losses incurred by The Client as a result of breach of contract, negligence or other tort committed by The Company, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent three (3) months of base fees paid under this agreement. In any case, The Company and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, The Company shall have no liability to The Client arising from or relating to any third party hardware, software, information or materials. The Company is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though The Company will attempt to prevent or minimize exposure to such risks.
  1. Indemnification

The Client agrees that it shall defend, indemnify, save and hold The Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with The Company’s development of The Client’s website. This includes liabilities asserted against The Company, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by The Client, its agents, employees or assigns.

The Client also agrees to defend, indemnify and hold harmless The Company against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over The Client’s website. This includes infringing upon on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. 

  1. Ownership to the Web Pages and Graphics

Copyright to the finished assembled work of web pages and graphics produced by The Company shall be vested with The Client upon final payment for the project. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of The Client for completion of this project. Rights to photos, graphics, videos, toll free number(s), database forms, and computer programs are specifically not transferred to The Client, and remain the property of their respective owners or of The Company. Developer and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios. 

  1. Design Credit

The Client agrees that The Company add a byline on the bottom of their index.html or main.html web page for establishing design and development credit. The Client also agrees that the website created for The Client may be included in The Company’s portfolio.

The Client hereby acknowledges and agrees that The Company shall have the right to use the name of The Client, including The Client’s Web Site, for reference as a customer of The Company services for referral and marketing purposes. 

  1. Nondisclosure

The Company, its employees and subcontractors agree that, except as directed by The Client, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Likewise, The Client agrees that it will not convey any confidential information obtained about The Company to another party. 

  1. Confidential Information

“Confidential Information”, as contemplated in this Contract, shall include the terms of this Contract, any services provided by The Company, the prices and fees charged under this Agreement, any other materials marked confidential by The Client and any other information conveyed under this Contract that is identified in writing as confidential at the time of its conveyance.

     24.1:   Both the parties acknowledge and agree that:

  1. The Confidential Information constitutes valuable trade secrets of the party owning such Confidential Information
  2. They will use Confidential Information solely in accordance with the provisions of this Contract
  3. They will not disclose, or permit to be disclosed, the Confidential Information of the other party to any third party without the disclosing party’s prior written consent.

Each party will take all reasonable precautions necessary to safeguard the confidentiality of the other party’s Confidential Information including, at a minimum, those precautions taken by a party to protect its own Confidential Information, which will in no event be less than a reasonable degree of care.

24.2:   Confidential Information will not include information that is:

  1. Publicly available
  2. Already in the other party’s possession and not subject to a confidentiality obligation
  3. Obtained by the other party from any source without any obligation of confidentiality
  4. Independently developed by the other party without reference to the disclosing party’s Confidential Information
  5. Required to be disclosed by order of a court or other governmental entity; provided no less than ten (10) days written notice is given to the party owning such confidential Information so that such party may obtain a protective order or other equitable relief.
  1. Completion Date

The Company and The Client must work together to complete the website in a timely manner for both parties to remain profitable. We agree to work expeditiously to complete this project according the “Time Line” steps listed on page 10 of this Agreement.

  1. Website delivery

After the website is finished and deployed (uploaded to the host server), The Client may want to update the website, such as adding pages or information to a page. These updates are not addressed by this Agreement, and must be negotiated separately between The Client and The Company. This Agreement includes the process of submitting the newly-developed site to the following search engines: Google; Bing and Yahoo, as described in the package. The Client can choose an add-on package to do this service more accurately, paying a “submittal service” under a separate agreement.

  1. Hosting Services

This Agreement is based upon the website being hosted on a The Company servers, under the conditions below:

26.1: Disk Space and Data Transfer transfer are limited, 99.99% Uptime, Domain for life, Root files and database Backup according chosen plan. We strive to maintain the website and database with integrity using the protective systems most commonly used in the market, but we are not responsible for damages and/or data theft occurred by intrusion through backdoors or other means.

26.2: Email Limit

  1. a) There is a 100 outgoing email hourly limit per domain. This limit is also applied towards the mailer. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again, so we recommend waiting at least 1 hour after this issue occurs to begin sending emails again.

26.3: Mailing List Rules

  1. a) Any mailing list over 900 email addresses isn’t allowed. We strongly recommend you to use our email mass system at “JTEmail.us” (extra charge will be apply). You can use any third party service of your choice.
  2. b) All your lists must be a Double Opt-In This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
  3. Other Electronic Commerce Business Relationships.

The Client understands that the web host, credit card processing services and any other businesses are not owned by The Company, are not parties to this contract and are separate business entities from The Company. The Client understands that The Company has no control over functionality or availability of website due to the actions or inaction of the web host server, credit card processing, online banking and any other business services The Client uses to transact business over the Internet outside of The Company. The Company makes no representations, warranties or guarantees for any recommendations of other Internet business partners.

  1. Testing and Acceptance Procedures.

The Company will make every good-faith effort to test all elements of the web site thoroughly and make all necessary corrections as a result of such testing prior to handing over the deliverables to The Client. Upon receiving the website, within 30 days, The Client shall either accept the website providing The Company with written notice of any corrections to be made and a suggested date for completion, which should be mutually acceptable by both The Company and The Client.

  1. Electronic Commerce Law

The Client agrees that The Client is solely responsible for compliance with federal and/or state laws regarding any electronic commerce conducted through their website and will hold harmless The Company and its subcontractors from any claim, causes of action, penalty, tax, and/or tariff arising from The Client’s use of electronic commerce.

  1. Terms of Termination of this Agreement

By the New Jersey Consumer Protection Law, this agreement can be canceled within 7 (seven) days after signing with writing letter and posted as certified or registered mail. The Company shall have the right to retain 50% of setup amount for administrative and agents visit costs. The Company will refund 50% within 15 business days. After the 7th day of the signing, the early termination of this agreement can be done only with a 60 days prior notice. All development payments described on first page must be paid in full and all expenses for Ad Programs that include CPC/PPC/CPM program or other Ad Program within these 60 days will be covered by The Client to The Company under the same terms as listed in Article 15 already invested in the project by the time at $198/hr. An  invoices with the total termination expenses will be billed to The Client within 10 (ten) days of notification via letter to stop the work. Final payment will be expected under the same terms as listed in Article 11 above. Upon termination of this agreement, all the elements used in the website to the ALLINONE process will be discontinued and disconnected. Files, databases, accounts opened in outsourced or third parties services will be closed and deleted. Customer acknowledges and understands that lose access to all of these elements and access, including: generated database that leads have been receiveds and connections to smartphones, tablets, desktops and laptops.

  1. Notices

All notices, requests, demands, and other communications required by, or made in connection with, this Contract or the transactions contemplated by this Contract, must be in writing and will be deemed to have been duly given on the date of delivery if mailed by certified or registered mail, postage prepaid, return receipt requested or delivered in person, addressed as follows:

If to The Client: __________________________________________

________________________________________________

E-mail: __________________________________________

Phone: __________________________________________

If to The Company:JT Web & Computer Solutions Inc.

405 Kearny Ave suite C, Kearny NJ 07032
Email: [email protected]
Phone: +1(855)622-7210

 

  1. Expiry in Certain Conditions

Not with standing anything to the contrary contained herein, the Contract shall become void and nullified in case of

  1. a) Any of the party goes into liquidation, whether voluntary or compulsory or enters into a compromise with its creditors
  2. b) Any of the Party becomes bankrupt, insolvent, retires or dies
  3. c) A decree, execution or other process is levied upon, or if an encumbrance takes possession of, or if a receiver is appointed for, any part of property of the company.
  4. d) There is any change in the constitution, organization or management of the parties to the agreement.

 

  1. Assignment

The Client will not assign or otherwise transfer this Contract, in whole or in part, nor delegate or subcontract any of its rights or obligations hereunder, without the consent of The Company which consent may be withheld, delayed or conditioned. The Company shall have the right to assign this Contract, in whole or in part, to a third party at any time upon written notice to The   Client.

 

  1. Severability

If any provision of this Contract is held to be unenforceable for any reason, such provision will be adjusted rather than voided, if possible, in order to achieve the intent of the parties to the maximum extent possible. In any event, all other provisions of this Contract will be deemed valid and enforceable to the full extent possible.

  1. Waiver

The waiver of any term or condition contained in this Contract by any party to this Contact will not be construed as a waiver of a subsequent breach or failure of the same term or condition or a waiver of any other term or condition contained in this Contract.

  1. Force Majeure

Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, failure of suppliers to perform, governmental regulations, power failure(s), earthquakes, terrorist attacks or other disaster.

  1. Counterpart and Facsimile Signatures

This Contract may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. This Contract may be executed by facsimile signature (including signatures in Adobe PDF or similar format).

  1. Arbitration

Any dispute or question which may arise at any point of time hereafter between The Client and The Company touching upon the true construction of this contract or the rights & liabilities of the parties hereto, shall be referred to the decision of a single arbitrator appointed by the company. Such arbitration shall be held in accordance with and subject to the provision of the Arbitration & Conciliation Act 1996 and or any statutory modification or reenactment thereof for the time being in force. The arbitration proceedings shall be conducted at the time and place as decided by the parties.

  1. Jurisdiction

This Contract and the rights and obligations of the parties under this Contract shall be governed by, and interpreted and be enforced in accordance with, the laws of the United States of America, State of New Jersey, without regard to conflicts of law principles. Any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement interpretation or validity thereof shall be exclusively resolved by final and binding arbitration administered under its comprehensive arbitration rules than in effect as modified by the provision of this section. The venue for such arbitration shall be in Kearny, New Jersey or such other location to which all parties may otherwise express in writing. Arbitration proceeding shall take place before a single arbitrator who shall be a lawyer and a former judge. If the parties cannot agree upon the choice of arbitrator within 20 business days of the date, a matter is submitted for arbitration the parties shall request, accept, assignment of an arbitrator. The arbitrators award shall be final and binding and judgment may be entered upon such award by any court of competent jurisdiction the foregoing dispute resolution provisions of this agreement shall not prevent the parties from seeking or obtaining preliminary injunctive or other provisional relief from a court of competent jurisdiction as provided above for the purpose of preventing irreparable injury, loss or damage pending a final resolution of the dispute, claim or controversy according to such dispute resolutions. The prevailing party in any suit or arbitration shall be entitled to an award of its reasonable attorney’s fees and cost in addition to and not in limitation of, other available remedies.

Office Location

Questions? Call sales at 1(855) 622-7210
[email protected]
www.jtwcsinc.com

SMS: 347-746-2272
Fax: (201) 467-5656
Skype: macpcsolutions
Whatsapp: (201) 719-3886
Business Hours? Usually we work overtime
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  • Monday - Friday 9am - 8pm
  • Saturday 10am - 3pm
  • Holidays Closed
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