Terms of Service

Consultant agrees to deliver services on dates specified in signed Agreements with Clients. Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in contracted services and market analysis. Client delays could result in significant delays in delivery of finished work and services.

The Client will be setup with a secure, online account that retains all invoices, Agreements and other important information. This portal will also allow payments to be made online. Invoices will be sent via email and include hyperlinks to PDF files back to the Client’s online account. Please ensure that your organization can receive email and that the email address, sales@jdog.net, is not blocked in your junk or spam folders.

All payments are due within 15 days of billing. If payment is not received in 30 days of the billing, a late fee of $10 will be charged and compounded monthly. Should a payment continue to be late, JDog Enterprises reserves the right to freeze all work and unpublish the Client’s website until accounts are settled.  

Payments can be made by Clients using a Credit Card at:  https://my.freshbooks.com/

Clients may also send checks payable to:
JDog Enterprises
18941 Hummingbird Dr.
Penn Valley, Ca 95946

The Client and JDog Enterprises (The Consultant), may disclose confidential information to each other for work facilitated.  Such information shall be so identified in writing at the time of its transmittal and shall be safeguarded and not disclosed to third parties by the receiving party.

Confidential information shall not include information that:

• Is already known to the party to which it is disclosed
• ​Is or becomes part of the public domain without breach of this Agreement
• Is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement

Upon completion, JDog Enterprises will ensure all website files are uploaded to a host and will maintain these and any other files used to create the website for the Client. These files become the exclusive property of the Client. However, these files are partially based on a non-exclusive code base created and maintained by JDog Enterprises and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies do not become the property of the Client, only the finished files themselves. In addition, the deliverables may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies are expressed or implied.

JDog Enterprises will require a point of contact during the Agreement for clarifying requirements for design, key features, usability and maintenance issues. JDog Enterprises requires this person be available to answer questions arising from the project within 24 hours on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions on the account.
Name:
Phone:
Email:

A client-approved estimate describing the Work that is required of the Consultant for the Client and the cost of each service requested will be attached to a Service Agreement and will need to be signed prior to any work being performed.

JDog Enterprises will provide patches and fixes for any bugs or issues included in the scope of this Agreement within the grace period of no more than 30 days following the date of project completion as defined by the date the client signs off on the deliverables. All fixes outside of the project scope or after the grace period are the responsibility of the client. All projects involving the placement, editing and arrangement of content or design will have no warranty past the completion of the project.  Another Agreement may be negotiated should further support be necessary. JDog Reporting is typically sent via email and can be accessed by the client through a unique URL. It is the responsibility of the client to download and maintain these reports.

Any invoice disputes will be addressed directly though https://my.freshbooks.com/ and will be handled promptly using this system.  If a Client is dissatisfied with any work performed by JDog Enterprises as listed on an invoice  provided by JDog Enterprises for any reason, they may request a refund for that service. Before a refund is granted, JDog Enterprises will make every effort to correct the problem

If the Client wishes the Consultant to create work which is not specified in the original DESCRIPTION OF WORK,  additional expenses and work, (charged @ $150/hour), will be added to the final invoice .  The Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.  Ultimate approval and control of Services remains with the Consultant and no additional cost will be incurred by the Client due to outsourcing unless mutually agreed upon by both Consultant and Client.

If the Client wishes the Consultant to create work which is not specified in the original DESCRIPTION OF WORK,  additional expenses and work, (charged @ $150/hour), will be added to the final invoice .  The Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.  Ultimate approval and control of Services remains with the Consultant and no additional cost will be incurred by the Client due to outsourcing unless mutually agreed upon by both Consultant and Client.

JDog Enterprises retains the right to use the Client within its roster. A link to the Client website/application website will be placed on the JDog Enterprises website as part of its business portfolio. JDog Enterprises also reserves the right to include a “created by link” (small JDog Logo) on the Client’s website. See Example:

Links | Privacy Policy |Admin | 

​The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

Client Agreements are valid for the calendar year they are signed and shall remain in effect for the duration of services that have been specified.  When services require renewal, both parties may review and amend the Agreement and decide whether or not to renew. If neither the Client nor the Consultant changes the Agreement, all existing services (i.e. Hosting, Domain renewal, etc.) will be renewed and the Client shall be charged for those services.  Either party may terminate the Agreement by giving a 30 day,  written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, the Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under the Agreement.  If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by the Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.The Client may publish or disclose information regarding the Work and shall acknowledge the support of the Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior approval from the Consultant. The Consultant will not use the name of the Client, in any advertising or publicity without the prior approval from the Client.

The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; and (b) any use made by the Client of the output of the Software or any reliance thereon. The Client agrees that any liability of JDog Enterprises relating to this agreement and the services performed shall be limited to the number of fees actually received by JDog Enterprises, from the Client under this agreement regarding the services in question. In no event shall JDog Enterprises be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales.

All rights not expressly granted hereunder are reserved to Consultant; including but not limited to all rights in sketches, comps, or other preliminary materials developed by the Consultant. The Client and Consultant are independent parties and no Agreement between them shall constitute either party as the employer, principal or partner with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either expressed or implied, on behalf of the other.

Due to the nature of the business model, JDog Enterprises is not set up to support on-call services. JDog Enterprises will make every effort to reply to inquiries within 48 hours except where The Client has been previously notified of a period of limited availability. JDog Enterprises will respond in good faith but cannot guarantee any specific action within a given time frame.

JDog Enterprises is NOT responsible for downtime, poor performance, or loss of data caused by the Hosting Provider. Additionally, JDog Enterprises is not responsible for any bug caused by changes on the Host after the Client accepts ownership or their website, including but not limited to updates to operating systems, compile systems, code libraries, and languages, or any changes resulting from security violations.

JDog Enterprises maintains internal backups of active project code and design files. This backup system is not intended as a solution for The Client, rather as a code archive.  While the JDog Enterprises backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the Backup and Restoration of their Finished Product(s) and any associated data they produce and upload to their website.