Template Website Development

Terms & Agreements

(Subscription Based)

PostcardMania hosts this type of website product. The monthly hosting/subscription fee is not optional. You cannot access or move the site files elsewhere or host the site elsewhere. PCM will maintain ownership rights to the site and any files & documents created for the site including images, text, code files, etc.

Monthly billing starts when your site goes live. 

• If you fail to continue to make the hosting/subscription payments each month, your website will be taken down.
• If the payments were then continued within 6 months of a cessation of monthly payments, we would be able to re-publish the site.
• If the payments were not continued within 6 months of a cessation of monthly payments, the site would no longer be available for re-publishing.
• We will take reasonable precautions where possible and will make reasonable efforts to help you keep your site functional, however we have the right to discontinue your subscription and take your site down if we so choose.
• Once your site is live, 2 hours of basic edits are included with your monthly subscription fee. Any additional or advanced edits cost $75/hr.

A domain name is not included. However, we can assist your with purchasing and setting up a domain name (using your provided credit card information). Domain names usually cost approximately $10-$15/year.

General Website Development

Agreement, Policy, Terms & Conditions

Introduction & Terminology

The use of the terms “PCM,” “PostcardMania,” “we,” “our” and “us” in the following document refer to Joy Rockwell Enterprises, Inc. D.B.A. PostcardMania, located at 2145 Sunnydale Blvd., Building #102, Clearwater, FL 33765.

PostcardMania provides various marketing products and services including, but not limited to, direct mail marketing, web site design, email marketing, consultation and evaluation.

The use of the terms “you,” “your,” “company” and “customer” in the following document refer to any person or company or agent authorized to represent your company who orders, requests or uses any of PostcardMania’s web design services.

As a web design customer, you agree to be bound by the following.

Authorization & Permission

You hereby grant PostcardMania permission to access your hosting and directory accounts and information and to use them and change them as needed to provide the services you have requested.

You hereby grant PostcardMania permission to publicize your information and the information we create for you to web search engines, web directories, indexes, PCM portfolios, web sites, web pages, publications and any other places we deem necessary or appropriate.

You agree to provide the logins and passwords we require when they are requested and necessary for us to provide you with the services you have ordered.

Trademarks & Copyrights

You guarantee that you have permission to use any text, images, etc. provided by you, your company or anyone authorized to represent your company to PCM and that PCM and its subcontractors will not be held liable for any claim or suit arising from the use of such elements.

Project Quotes, Timelines & Completion Dates

While we do strive to provide you with the most accurate timelines and completion dates possible, these are in no way guaranteed. Timelines and completion dates are subject to change due to factors that may or may not be under our control.

You understand and agree that we are not responsible for any consequences due to inaccurate timelines or completion dates. PCM will not be held liable for any loss of potential or actual revenue as a result of delays for any reason.

Subcontractors

PCM reserves the right to assign projects or parts of projects to subcontractors if we so choose.

Errors & Interruptions

PCM does not offer any guarantees regarding a lack of interruptions or errors or any consequences thereof and will not be held responsible if any interruptions or errors occur.

Payment Policies

All prices stated are understood to be in US currency.

All payments must be received prior to any work being commenced.

Additional requested updates and changes will be billed at $75 per hour unless quoted otherwise.

All script, text and design will become property of the customer upon completion of the project. However, we reserve right to use any scripts, text and design created for you in any other projects PCM undertakes without exception.

Laws Affecting Electronic Commerce

Governments sometimes enact laws and levy taxes affecting electronic commerce. You agree that you are fully and solely responsible for complying with such laws and will hold harmless, protect and defend PCM and its subcontractors from any claim, suit, etc. arising from your exercise of electronic commerce.

Refunds

PostcardMania does not issue refunds. Please refer to our warranty section.

Order Cancellation

PostcardMania realizes that sometimes it may become necessary for a customer to cancel their order. Therefore, the following policy regarding order cancellations applies: Any order cancelled prior to approval form being signed will receive a company credit which can be used for any future product or service. The credit amount will be based on the amount of product/service already delivered, but may or may not include a $150.00 order cancellation fee. No company credit will be issued after the approval form has been signed, as PostcardMania will have incurred all of its costs by that time.

Returns for Credit

Because each order produced is a custom job no order may be returned for credit under any circumstances.

Warranty

PostcardMania at its sole option will correct any project that contains errors or mistakes or where we have failed in your written instructions. Claims for errors must be made by the customer in writing within (10) days after delivery. PostcardMania’s sole liability shall be limited to the correction of any defective order or portion and in no case shall include special or consequential damages including customer expenses, profits or profits lost.

Lawful Purpose

PostcardMania reserves the right to refuse service to anyone if we so choose.

Indemnification

You agree to defend, indemnify, save and hold PCM harmless from any demands, liabilities, losses, costs, claims, etc. that may arise as a result of the product including but not limited to:

Injury
Infringed proprietary rights of third party
Copyright infringement
Defective products sold through site
Loss of revenue
This agreement shall be governed by the State laws of Florida and the Federal laws of the United States of America.

Disclaimer

PCM not responsible for any damages that may occur as a result of our products or services.

SEO, search engine optimization, techniques and results are in no way guaranteed.

In no event will PCM be liable to you or to any third party.