TERMS AND CONDITIONS
1.1 ‘JERRY DEFOE’, ‘JERRY DEFOE, LLC’ or ‘the company’ means JERRY DEFOE, LLC, 4676 Commercial St SE, Salem, OR 97302
1.2 ‘Client’ means any individual, company, partnership, organization or other body who instructs the company to provide any products or services.
1.3 Placing an order with the company or use of the companies website constitutes full agreement with and acceptance of these terms and conditions.
1.4 This agreement shall apply to any and all services or products ordered by a client from the company.
2.1 The client will wherever possible be provided with a full quotation for products and/or services ordered, in writing either by post, fax or e-mail. All quotations are valid for a period of 30 days from the date of issue unless otherwise stated.
2.2 Any deviation in products or services required by the client will be subject to additional charge. JERRY DEFOE, LLC will always inform the client of any additional charges involved and will not be initiated unless and until proper approval is obtained from client.
3. PAYMENT TERMS & CREDIT ACCOUNTS
3.1 All products and services ordered from JERRY DEFOE, LLC are due for payment immediately with either the issue of an invoice or receipt with the exception of clients using our credit accounts. Credit account invoices must be settled in full within thirty days of the issue date. Products, software and services remain the property of the company until full payment is received & cleared. Orders for services (eg design, development, customization, etc) will require a minimum retainer before work commences.
3.2 Any invoice queries must be notified to the company in writing within 5 working days of receipt of the invoice.
3.3 Any overdue payments may result in suspension and/or termination of any services supplied to you by the company including website provision, hosting, e-mail etc. A fee will be chargeable to reinstate these services. JERRY DEFOE, LLC will not be liable for any loss or damage as a result of such a suspension or cancellation.
3.4 The company reserves the right to charge interest on any overdue amounts at 1.5% per month. JERRY DEFOE, LLC also reserves the right to recover from the client any costs associated with debt collection and recovery including reasonable administration fees, legal fees, court costs etc.
3.5 The company will record details of any overdue accounts and use this information to assess the continued provision of a clients’ credit account. This information may also be reported to the credit reference agencies. The company reserves the right to suspend and/or rescind any credit account at its sole discretion.
3.6 Applications for credit accounts must be made using a credit account application form available on request from the company.
3.7 Payments must be made in US dollars payable to ‘JERRY DEFOE, LLC’. Payments made which are subsequently returned or refused by your paying authority (eg bank, PayPal etc) will be subject to a charge of $25 plus any bank charges we are levied with. This is in addition to any interest charges due under section 3.4 above.
4.1 JERRY DEFOE, LLC will take every care of artwork, software, files etc. sent to us for use in completing the client’s order. However we cannot guarantee their safety and it is recommended that clients keep copies wherever possible.
4.2 All data accessed or stored on systems and/or components returned under warranty or undergoing assessment, repair, maintenance or upgrade should be considered at risk. JERRY DEFOE, LLC cannot be held responsible for the integrity of such data although all reasonable precautions will be taken. It is therefore the client’s responsibility to ensure that suitable backup provisions are maintained and that sensitive data is removed.
4.3 Any items supplied by the client to JERRY DEFOE, LLC will be assumed to be the clients own property and as such free from any copyright conditions or restrictions of use. The client will indemnify JERRY DEFOE, LLC against any liabilities, damages, claims, offence and disputes etc resulting from use of items so supplied.
4.4 JERRY DEFOE, LLC will only provide services and products for legitimate, lawful purposes and reserves the right to refuse to provide any products or services at its sole discretion without disclosing a reason.
5. SUPPLY & DELIVERY
5.1 No goods, software or services shall be supplied by JERRY DEFOE, LLC on a trial basis.
5.2 Photographs etc of any products or services featured in any company publication are for illustration purposes only. Minor variations do not entitle the customer to rescind the contract.
5.3 JERRY DEFOE, LLC does not warrant the suitability of any goods, software or services supplied. It is the clients’ responsibility to ensure that goods, software or services are fit for the proposed use prior to ordering.
5.4 Any software configuration or re-configuration, installation or virus removal carried out by us and demonstrated to the client as working correctly is from that time considered a completed task. If a similar fault occurs thereafter, this will be treated as a new job or change order and will be chargeable accordingly.
5.5 While every effort will be made to honor delivery dates & times, these should be treated as an estimate only. No liability can be accepted by the company for any failure to deliver within these estimated times.
5.6 The company will accept no liability for shortages or damage to goods, software or services unless these are notified in writing to the company by the client within five working days of receipt of the goods.
5.7 If for any reason the client is unable to accept delivery of any goods, software or services ordered at the time when they are due and ready for delivery, the goods, software or services will be returned to the company and a $25.00 surcharge will be levied. Further arrangements for delivery will then be made at the sole expense of the client. The date of the original invoice will not be amended.
6. LICENCE & WARRANTY
6.1 All software supplied by JERRY DEFOE, LLC to clients is licensed under the GNU GENERAL PUBLIC LICENSE (http://www.gnu.org/licenses/gpl.html)
6.2 All services provided and software developed by JERRY DEFOE, LLC are distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
7.1 Requests for the cancellation of any order, by a client, must be made in writing to the company at the address above. Upon such a request the client agrees to pay to the company any and all amounts due at the time of cancellation. Any unused amount of retainer at the time of cancellation will be returned to client within thirty days thereof.
7.2 Clients wishing to cancel, or move to another provider / company, any services in use, i.e. web hosting services, etc., may do so giving thirty days notice in writing to the company at the address above. Normal service charges will continue to accrue until such time as these conditions are met and all fees are paid in full. Any additional transfer fees outside the control of the company are the sole responsibility of the client.
8.1 The company shall under no circumstances be liable for any clients’ loss whether direct, indirect or consequential howsoever caused.
8.2 Goods, software and services supplied by the company are, wherever appropriate subjected to an anti-virus test prior to supply to the client. However no guarantee as to the viral status of such goods, software or services shall be made or implied. It is therefore the clients’ responsibility to ensure that all goods, software or services supplied by JERRY DEFOE, LLC are screened in accordance with current best practice guidelines prior to use.
8.3 Through our website you are able to link to other websites which are not necessarily under the control of JERRY DEFOE, LLC. We are not responsible for the nature, content or availability of these sites. The inclusion of any links to such sites does not necessarily imply a recommendation or endorse the views expressed within them.
9. FORCE MAJEURE
9.1 In the event that JERRY DEFOE, LLC is prevented from carrying out its obligations under a contract with a client as a result of any cause beyond its control such as, but not limited to, acts of God, war, strikes, lock outs, flood, failure of third parties etc., JERRY DEFOE, LLC will be relieved of its obligations under such contract for as long as such fulfilment is prevented.
10.1 These terms and conditions do not affect and are in addition to the clients’ statutory rights.
10.2 If any part of this document is held to be illegal, invalid or unenforceable, the validity of the remaining provisions shall not be affected in any way.
10.3 Waiver of any part of these terms and conditions by the company for a client shall in no way affect the rights of the company in any way.
10.4 Any notice or demand issued by the company to a client will be given in writing and delivered to the last known address of the client by first class mail and shall be deemed to have been served forty eight hours after posting.
10.5 The Laws of the State of Oregon shall govern any contract between the company and any client to which these terms and conditions apply. The parties therein shall submit to the jurisdiction of the Oregon Courts.
10.6 These terms and conditions are effective as from the 3rd of December 2009 and replace any and all previous versions of the same. E&OE.
LAST UPDATED : 12/03/2009