Terms and Conditions (T&C)

Website Development Terms

1. Scope of Work: NJ Productions (NJP) will provide website development services as outlined in the client-approved estimate. This includes the number of pages, design elements, and any agreed-upon features. Any additional work outside the estimate will be billed separately based on a new estimate or at the hourly rate provided.

2. Client Responsibilities: The client is responsible for providing all content (text, images, etc.) and access to necessary accounts and domains. NJP is not responsible for ensuring the legality, accuracy, or compliance of client-supplied content, including but not limited to data privacy, copyright, and intellectual property laws. Delays in receiving this information may extend the project timeline.

3. Timeline

   • Pre-Development Phase: NJP will commence the development of the website upon receipt of the 50% down payment and a completed intake form. The client must provide all required content, images, and domain access within 4 weeks from the date of down payment to avoid delays in the development timeline.
   • Development Phase: Following the receipt of all required materials and information, NJP will deliver the first draft of the website within 4 weeks. The client will then have 30 days to review and provide feedback or request changes.

4. Acceptance: The client will have 30 days to review the website after receiving the first version. If no feedback is provided within 30 days, the website will be deemed accepted as per the agreed specifications. However, the website will not be made live until NJP receives explicit confirmation and final payment, if applicable.

5. Publishing the Website: Once the client has accepted the website and final payment has been received, NJP will publish the website live on the agreed domain. NJP will not publish the website without explicit confirmation and payment.

6. Project Fees: A 50% deposit is required to begin development. The remaining balance is due before website launch unless otherwise agreed. In cases where there are delays in receiving the required content, images, or access from the client beyond the specified 4-week window in the pre-development phase, NJP reserves the right to initiate monthly hosting fees 90 days after the down payment is received. This is to cover the ongoing reservation of resources for the client's project. In cases where delays are caused by the client and the website is not approved or launched within 60 days of NJP delivering the first draft, NJP reserves the right to begin charging the monthly hosting fee starting on the 60th day.

7. Early Termination: If the client wishes to terminate the agreement before the 12-month term, they may do so by paying the remaining balance for the entire 12-month term. After this, services will transition to a month-to-month basis, cancelable with 30 days' notice.

8. Ownership and Third-Party Software:

   • NJP Ownership: NJP retains ownership of all custom code, design elements, and any other deliverables developed for the website. The client will only own the content and images they provide. NJP retains the right to use any code or designs in future projects.
   • Client Ownership: The client retains ownership of all content provided by them. The client is responsible for ensuring compliance with applicable laws.
   • Third-Party Software and Plugins: Any third-party software, plugins, or licenses used (e.g., WordPress plugins) are not transferred to the client, even upon purchase of the website for $250. The client is responsible for paying to maintain and update licenses for third-party software after transfer.

9. Additional Features and Services: Any additional features or custom services beyond the standard website development scope, such as forums, online ordering systems, or other custom functionality, will be detailed in the approved client estimate. These additional services will be governed by the terms outlined in this agreement, along with any specific terms mentioned in the estimate.

10. Force Majeure: NJP will not be liable for delays or failure to perform services due to events beyond its reasonable control, including natural disasters, wars, strikes, pandemics, or any other force majeure. If such events cause delays for more than 30 days, either party may terminate the agreement with written notice.

Web Hosting and Maintenance Terms

Our 'Website Standard Hosting Plan', formerly known as 'Web Starter Plan'

1. Services Provided:

   • Website Hosting: NJP guarantees a minimum uptime of 95.9%, barring events outside of NJP's control.
   • Backups and Security: NJP will provide regular backups and basic security measures, such as SSL encryption (DNS management by NJP required for SSL).
   • Support and Maintenance: The client will receive up to one (1) hour of basic support per month (with a maximum of four requests as each request is rounded up to the nearest increment of 15 minutes), including minor content updates, error fixes, or adjustments. Support exceeding one hour will be billed separately at $100/hour, either monthly or when a certain amount of accrued time is reached. Errors made by NJP with updates will not count towards basic support time.
   • Analytics and DNS Management: NJP will set up Google Analytics, Google Search Console, and Bing Webmaster Tools for your website. NJP will also manage DNS settings unless the client requests otherwise.
   • Storage Limits: NJP will provide up to 1 GB of storage for website files, content, images, and videos as part of the hosting package. Additional storage may incur additional monthly fees.

2. Client Responsibilities:

   • Content and Access: The client must provide all necessary content and access for NJP to perform services. The client is responsible for ensuring that any content provided complies with copyright, ADA, and other applicable laws.
   • Contact Information: The client must ensure all contact and billing information is accurate and up-to-date.
   • Indemnification: The client agrees to indemnify and hold NJP harmless from any claims, losses, or damages resulting from third-party claims related to content provided by the client, including but not limited to intellectual property, copyright, and data privacy violations.

3. Domain Ownership: NJP may purchase and manage domains on behalf of the client. If NJP purchases the domain, it will retain ownership and responsibility for renewing the domain unless the client requests a transfer. Transfer of domain ownership can be done at no additional cost after 12 months or upon service termination. The client will be responsible for any fees or management tasks related to the domain after transfer, including renewals and DNS management, unless otherwise agreed upon.

4. Authorized Contacts: The client may appoint up to three (3) authorized contacts, each with equal authority to make decisions regarding services, including service changes, terminations, or requests for additional work. All communications will be handled equally for any authorized contact. The client must inform NJP in writing of any changes to these authorized contacts.

5. Payment Terms:

   • Monthly Fee: Hosting fees will be billed monthly (by default) from the date of website launch (or as per the development terms in case of delays). Payment is due within 30 days of the invoice date. A Client may request to have payments be less frequent (such as quarterly or annually); however, in these cases, no refunds will be issued if services are terminated before the end of the prepaid period. Paying for an extended period (e.g., quarterly or annually) constitutes an agreement to extend the contract for that period, and the Client will be responsible for the entire prepaid amount even if services are ended prematurely. This applies even after the initial 12-month contract period.
   • Late Payments: A 10% late fee may be applied to payments not made within 30 days. NJP may suspend services if invoices remain unpaid for 60 days.
   • Domain Fees: NJP will cover domain renewal fees if NJP owns the domain. The client will be responsible for any additional domain-related expenses.
   • Billing Cycle: Hosting fees are billed in advance, with the invoice issued on the 15th of the month and covering services for the following month. Clients may request to switch to less frequent billing cycles (e.g., quarterly or annually), but no refunds will be provided if services are terminated before the end of the prepaid period. Paying in advance constitutes an agreement to extend the contract for that period.

6. Website Content and Changes:

• • Dynamic Pages Definition: Dynamic pages are those that feature regularly updated content or elements that change based on user interaction, such as blog entries, event listings, product catalogs, and customer testimonials. These pages are designed to allow for frequent updates and additions without requiring extensive technical skills.
  • Client Admin Access: Clients may request to have limited front-end editing access to dynamic pages to allow for routine updates and content management. This access is designed to empower clients to manage ongoing content needs independently while ensuring the structural integrity and security of the website. Clients can add, modify, and delete content within the predefined templates of these dynamic pages. This is a great way to avoid exeeding the basic support limit in a given month of one (1) hour.
  • Static Pages: Static pages, such as 'About Us', 'Contact Information', and 'Legal Disclaimers', typically do not change often and are maintained by NJP to ensure consistency and compliance with design standards and legal requirements. Requests for changes to static pages beyond the initial setup will be handled by NJP and may incur additional fees if beyond the scope of the original contract.
  • Modifications and Custom Work: Any additional work, such as new pages, large design changes or new fucntions/features, will be billed separately. NJP will provide an estimate for additional work.
  • Changes Request Process: The client may request website changes via email or phone. Most requests will be completed within 2 weeks, with an average response time of 1-2 business days.
  • Provision of Access: NJP will provide the necessary training or tools to manage dynamic pages effectively. Detailed documentation or training sessions will be provided during the website handover phase.

1. Term and Termination:

   • Initial Term: The initial term is 12 months from the date of website launch. After 12 months, the agreement automatically transitions to a month-to-month basis, cancelable with 30 days' written notice. Clients who opt to pay for services in advance (e.g., quarterly or annually) agree that no refunds will be provided in the event of early termination, and the contract will remain in effect for the duration of the prepaid period.
   • Cancellation Process: If the client cancels after the initial term, NJP can provide a backup of the website for a $250 transfer fee. If NJP manages the domain, it will be transferred to the client at no additional cost.

2. Liability and Warranties:

   • NJP will take reasonable measures to safeguard client data but is not responsible for data loss or breaches resulting from client-supplied content or unauthorized access to client-provided accounts.
   • Limited Warranty: NJP will provide services to the best of its ability but does not guarantee that the website will be error-free or meet all expectations. NJP will address any issues upon notification.
   • Limitation of Liability: NJP will not be liable for any loss of data, revenue, or other damages resulting from the use or inability to use the hosting service, except in cases of gross negligence.

3. Amendments and Updates: NJP reserves the right to amend these terms at any time. Clients will be notified of significant changes via email, and continued use of services will imply acceptance of the updated terms.

4. Notices: All notices, communications, and requests required under this agreement, including those for service changes, cancellations, and approvals, can be provided via email to the designated contact addresses. Email communication will be considered "in writing" and legally binding once sent and received by the respective party. All notices shall be deemed delivered upon receipt by the receiving party.

5. Dispute Resolution: Any disputes arising out of or relating to these terms shall be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved amicably, it will be subject to the jurisdiction of the courts in Allen County, Indiana.

(depreciated) PREMIUM Web Hosting and Maintenance Terms

This section applies to clients grandfathered into the “Premium” plan.

All Web Development and Hosting Terms as outlined above apply to the Premium Plan, with the following additional features included in this upgraded package:

Additional Services Provided:

1. Extended Support:

   • Clients receive up to 3 hours of support per month (standard support is 1 hour). Support requests beyond this limit will be billed at $100/hour.

2. Monthly Article Development (Optional):

   • Clients can opt for a 600-900 word article to be written and published on their website each month. NJP will propose a topic based on industry expertise, which the Client must approve by the 20th of the prior month. Once approved, NJP will draft the article by the 27th and provide 1 week of lead time for Client review and feedback before publishing.

   • Alternatively, if the Client prefers to choose their own topic, they must submit the topic details via email by the 20th of the prior month, including relevant background information, objectives, or key points. NJP will follow the same timeline, providing a draft by the 27th and allowing 1 week for feedback prior to publishing.

3. Expanded Authorized Contacts:

   • Clients may designate up to 10 authorized contacts (standard plan allows 3). Additionally, Clients can assign varying levels of access control for each contact, if required.

4. Analytics Dashboard:

   • Clients receive access to a custom analytics dashboard, providing insights into website performance, SEO, and traffic data. A monthly summary will also be emailed for review.

5. Additional Domain Redirection:

   • Clients may request up to 2 additional domains managed by NJP to redirect to the primary domain. These domains are subject to the same renewal and DNS terms outlined in the standard Web Hosting section.

6. SEO Keyword Optimization:

   • NJP will optimize the website’s keyword data using Google research to improve search rankings and visibility. This process may involve adjusting content on webpages. NJP will automatically process up to one webpage per month, prioritizing existing pages until all have been optimized. Any new pages added by the Client will be queued for future optimization.

7. Business Listings:

   • NJP will list the Client’s business information (name, address, phone number, services, and more) on at least 80 platforms, improving online visibility and search engine presence.

8. Custom Landing Pages:

   • Clients can request custom landing pages for third-party marketing or advertising campaigns. These pages can be tailored to specific user segments or audiences.

9. Test Environment for Website Changes:

   • For large website changes, Clients have the option to have these performed in a test environment before going live, ensuring changes are reviewed and tested thoroughly.

10. Dynamic QR Codes:

    • Clients may request the creation of up to 5 customized dynamic QR codes with tracking and analytics. Additional QR codes are available at $5 per code per month.

Google Workspace Business Emails

NJP provides administration and support for Google Workspace Business Emails, billed monthly in advance for the following month. This service is generally only available to clients who are already enrolled in an NJP web hosting plan. Clients can choose their desired Google Workspace plan, which will be outlined in the approved estimate. Pricing for Google Workspace services will be based on the selected plan, and any upgrades or downgrades to the number of users can be requested directly through NJP based on Google Workspace’s available options.

1. Google Workspace Account Setup and Administration:

   • NJP will act as the Google Workspace reseller and set up the client’s Google Workspace account, unless the client already has a Google Workspace account.
   • If the client already has a Google Workspace account, they must grant NJP reseller access. By granting reseller access, NJP will automatically become a Super Admin of the account. As a Super Admin, NJP will have full administrative control, which includes the ability to add/remove users, manage all features, view emails and data, and adjust security and access settings. Clients understand that NJP, as a Super Admin, will have unrestricted access to the entire Google Workspace environment.
   • NJP will be responsible for billing the client for Google Workspace services and managing account settings as needed.

2. Eligibility for Service:

   • This service is typically only available to existing NJP web hosting clients. Exceptions may be made at NJP's discretion, subject to approval.

3. Initial Email Setup:

   • The initial number of email accounts included in the service will be established at the beginning of the agreement, as indicated in the approved estimate. This number can be adjusted by contacting NJP as outlined above.

4. Adding/Removing Email Accounts:

   • The client can request to add or remove email accounts at any time by contacting NJP via email.
   • Changes to the number of email accounts (whether added or removed) will be reflected in the client’s next billing cycle.
   • If the client requests the removal of an email account, all associated data (emails, contacts, calendars, files in Google Drive) will be permanently deleted. Alternatively, the client may request to suspend an email account, but billing will continue for the suspended account until its deletion is confirmed. It is important that the client backs up any important data before requesting NJP to have an account deleted.
   • The number of active email accounts will determine the client’s monthly bill, adjusted accordingly for the next invoice.

5. Support for Google Workspace Features:

   • NJP will provide limited email support to assist the client with using Google Workspace features. This includes adding/removing users, resetting passwords if password reset tools were not configured for a user, explaining features of Google Workspace, and providing resources to troubleshoot issues. This support does not include extensive troubleshooting or custom configurations beyond basic usage assistance.

6. Responsibilities and Limitations of Liability:

   • By granting NJP Super Admin access, the client understands that NJP has full authority over the Google Workspace account, including, but not limited to, adding or removing users, viewing account data, managing security settings, and making configuration changes.
   • NJP may take actions to address or improve account security (e.g., adjusting settings, suspending users) at its discretion, but NJP is not obligated to proactively monitor or manage the client’s account security unless explicitly requested as part of a separate agreement. Any actions taken will be within NJP’s administrative authority to maintain account stability or resolve service-related issues.
   • The client remains responsible for ensuring their use of Google Workspace complies with all applicable data privacy, security, and usage laws. NJP will not be held liable for any misuse, unauthorized access, data breaches, or other issues arising from the client’s use or mismanagement of their Google Workspace account.
   • NJP's role is limited to administrative tasks and basic support. It is the client's responsibility to regularly monitor and manage the security of their account unless additional security services are provided through a separate agreement.

For clients utilizing NJP’s Google Workspace email services without a web hosting plan, the following authorization roles and responsibilities apply:

Authorized Contacts:

• Any individual designated as a Super Admin within the Google Workspace account is automatically considered an authorized contact with full administrative authority. This role has the ability to request changes, add or remove users, upgrade or downgrade plans, and terminate services.
• Only Super Admins have the authority to request the addition of another Super Admin. No other user can request or approve changes to the list of authorized Super Admins.
• Super Admins will serve as the main point of contact for all communications related to email services and account management. All requests regarding the Google Workspace account, including changes to user roles, must come from a Super Admin.

Adding or Changing Authorized Contacts:

• To add or remove a Super Admin, a request must be made by an existing Super Admin via email. Only Super Admins can authorize the promotion of other users to Super Admin status.
• Non-Super Admins may not request or authorize any changes to administrative roles.
• Any changes to the list of Super Admins must be submitted in writing by an existing Super Admin, and NJP will only act on requests from authorized Super Admins.

Google Workspace Administration:

• NJP will provide administrative support for Google Workspace, including adding or removing accounts upon request from a Super Admin.
• NJP reserves the right to verify the identity and role of any individual making requests regarding the email services.

Note: If you are also a web hosting client with NJP, the web hosting authorized contact structure supersedes this section and applies to all services, including email management.