Terms Conditions

Terms and Conditions

TERMS AND CONDITIONS AGREEMENT
(Revised January 01,2008)

Web Site and Hosting Terms and Agreement

Welcome to ClicktoJam Hosting Service Agreement. Please take a minute to review our agreement below.
NOTE: BY USING THIS WEB SITE & SERVICES, YOU WILL BE ACCEPTING THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS HOSTING SERVICE OR PROGRAMS.

This service agreement applies to any and all services you, the client request to be performed by ClicktoJam Company (hereby known as “JAM, CtoJ”). There are no refunds on Jam’s contracts or products & services.

A) JAM designers agree to provide timely and accurate service. All services will be performed or implemented after a contract is signed for those services on or in the contract. JAM is not responsible for third party designers and programmers that are not contracted by ClicktoJam.

B) JAM is not responsible for service interruptions or the inaccessibility of websites due to server hardware/software failure, net congestion, and outages caused by weather, natural disaster, acts of God, or circumstances beyond our own control.

C) JAM is not responsible for detecting, correcting, or refusing to display information or materials supplied to us by any client who consists of and / or enables the practices of fraudulent activities, inaccurate information, misrepresentation of products or services, wrongful use of copyrighted materials, libelous or slanderous information and / or claims, or any unlawful criminal acts.

D) JAM is not responsible for any problem arising out of a gift or prize. JAM is not responsible for clients that do not read the terms and agreement or read and sign the email updates on the terms and agreement.

E) Domain Name
JAM will be the administrative of your domain name and will manage your domain on our servers. Under WHOIS we are the registration and the service provided by directNIC. JAM manages the contact on the registration, administrative, and technical. JAM will need a request from the client to change the contact information, and make a transfer of a domain name from JAM. (See Ea. on how to transfer your domain ). JAM will not be responsible for misrepresentation of ownership or fraudulence related to ownership of domain name acquired by client. The client is restricted from moving, redirecting, canceling or otherwise altering the functionality of any domain name obtained by or through JAM for any reason without JAM’s written consent. On the transfer of the domain name if JAM has to call out side of the USA JAM will bill you for the calls making the transfer to ClicktoJam server.

Ea. Domain Name Transfer
1) You put in the order to have your domain and website transfer away.
2) We make all the changes on the administrator and send you an authorization code to the email that we have on file.
3) Then the new hosting service makes the transfer on thier end.
4) Then you will get an email of the transfer and you will okay the transfer, then you are done.
5) Transfer’s are done within 5 days, and transferring your website within 10 days.

Eb. Hosting Service
JAM is a hosting Company, administrative of domains, department stores, server technical, any and all JAM websites, and websites designed for or by ClicktoJam.

1. Engagement
Client here by agrees that JAM will provide certain services in connection with JAM’s planning, preparing and placing of client’s web designer / domain name / hosting and/or their service provided as follows:
A) JAM services are limited to those listed on contract.
B) Client must submit a notice of changes to site in writing to your designer.
C) All clients will be billed immediately on signing contract.

2. Exclusivity
A) JAM holds exclusive rights to all hosted web sites; we will advertise ClicktoJam text logo.
This is a sample:
© 1996 yourbusinessname.com. All Rights Reserved.
Development & Hosting by Clicktojam.com, CtoJ or Hosting by Clicktojam.com.

3. Billing Payments must be paid prior to designing website or service creation. All payments must be in United States currency, checks, money order, and businesses outside the US, charges or adjusted to equal United States exchange rate. JAM does not pro-rate bills at anytime. If you do business online there is a 5.5% + .45 per sale transaction. The contract start date will be effective upon signing of the contract. All JAM prices and services are subject to change with out notification. Paper Payments - An invoice statement will be mailed out on a monthly or yearly billing cycle that is due by the 15^th of the each month or each year. If payment is not made on time there is a late fee of 15% added each month. Credit Card - If you signed up online your credit card will be billed and would be billed on that day you sign up with your credit card. *Note that your credit card statement will have “2checkout” or paypal on your billing invoice that is CtoJ Credit Card Company. e-Billing Service - You can pay your bill by ClicktoJam e-Bill service. By using e-Bill you agree to stop receiving monthly paper bills, and will pay your bill online through the website. To use e-Bill you must accept the terms of agreement. There is a 15% per transaction service fee. Your credit card will be billed on an month to month, yearly, with a one time fee and you can stop the service at anytime. Bounced Check - If you pay your invoice with a bad check you will have to pay these fees; all of the bank & CtoJ fees, and also 15% of the amount of the invoice. There is also a fee of $45.00 for the stop payment, the account closing and or no funds in this account. You will get a statement via mail and email to pay the due payment amount in full. Client MUST pay the amount by Money Order Only. If payment is not made on the due date you will be turned over to the District Attorney’s of Bad Check Enforcement Program. Suspended/Collection - All clients have 30 days to make their payments.
Paper Payments; if you do not make the payment with in 30 days we will send you a friendly reminder letter. If you still have not made a payment after 60 days you will receive a 30 day notice to pay or quit service before suspending website. At that time if payment is still not in the office we will suspend the website. If your service is temporarily disconnected, you will be required to pay a non refundable security deposit of $200.00 and all outstanding charges for your basic service before your hosting service will be reinstated. A reconnection fee of $100.00 per web site / domain name will apply. ClicktoJam will be sending out a certified letter by law to information you that your website had been suspended and your hosting account will be sent to the collection service; Commercial Trade Bureau is the agency that we work through. JAM will bill you for the collection charges; $50.00 service fee and a 25.5% legal services fee. If you signup by credit card when you unsubscribe your account we will disconnect your account.
(See #5 for more information).

Billing Questions
Call us first at 661.832.0435, or write: Billing Service, P O Box 70794, Bakersfield, CA 93387, or visit http://www.clicktojam.com/contractus. If you have complaints about JAM write the Consumer Complaints at P O Box 70794, Bakersfield, CA. 93387.

4. Indemnity
Client agrees to hold JAM harmless for any claims made by contracted client in regards to their submission of information or said ownership of product or service. All attorneys’ fees, court costs, losses, liabilities, damage or a judgment remains the sole legal and financial responsibility of the contracted client.

5. Default
The clients have the right to stop the hosting service presence of the contract, 30 days after the contract has been signed. The client can’t stop the payments that are paid by mail; client must pay remaining billing of contracted length. JAM reserves the right to terminate a contract at any time. Client will be charged for services provided thru the month of the contract is terminated. All clients must wright a letter on your company letter head saying why your business or company is terminating your contract with ClicktoJam Technology Systems Services. An the letter we need to know why our service did not work for your business or company, Stop all service as of this date, signed, Transfer website and domain name to the new company or ISP server with name and number. If you have a balance due you will pay the amount with in 30 days of this letter. On the website ClicktoJam will transfer all information to the new company after getting this letter not before then. If you call ClicktoJam office to for the transfer we will still need this letter signed and dated from your company before transferring a way from ClicktoJam. Contracts terminated for non-payment will be billed for full amount of contract. In the event of default, venue shall be sent to Bakersfield Superior Court, Kern County; JAM is entitled to all court costs, reasonable attorney fees and all collection agency fees: 25% for full service and 35% for litigation. Certified mail fee will be based on postal service rate at the time. We will un-suspend the account but if the website and account is terminated, JAM is not responsible for the client account.

6. Notices
Any notice is required by this agreement or given in connection with it shall be in writing and shall be given to the appropriate party by mail, email and / or fax. Again JAM is a hosting business that offers third party programming, services, and products from ClicktoJam shopping outlet. JAM has the right to suspend the website at anytime, or if payment is not made with in 60 days, (See #3c, 3b for more information).

7 General
Throughout the shopping mall and hosting web site, we may modify, update, or discontinue services to provide consumers a safe and easy way to purchase product from the world’s top name brand merchants. We are offering world-class service and changed things up a bit to improve your shopping experience. You may view and download material displayed on the website, provided you retain all copyright, trademark and other proprietary notices displayed on the materials.

7a. Links
The Company displays links to services sponsored by third parties. ClicktoJam is not responsible for the content or operation of third-party sites, services, any services or products that they offer.

8. Client Participation
If Client elects to design or change thier own website ,make his/her own additions,or changes, as directly to their site then JAM will not be responsible for misdirected links, errors or bad connections as a result of that client. If the client would like JAM to fix the errors, we have a service fees; trip charge if we have to come out, or if you need tech support. If you need to clean-up or redesign your website contact your designer. If the client needs JAM to clean-up the website errors, (See #12 for more information).

9. Renewal
If you have a one or two year agreement, you will get a renewal letter two months before the contract is up for renewal. Sign the renewal contract and send back with your payment. If you do not sign the renewal contract or send us a letter to stop service we will adjust you’re next billing cycle. Clients that signed up online can cancel or stop service anytime. Clients must keep their billing information current at all times to the billing department by email or mail. You can upgrade your hosting service at anytime; call ClicktoJam office for more information on the best deal in town for your business.

10. Cancellation
JAM reserves the right to cancel service of an account at anytime without notice and without a refund, in the event that:
1) The account violates our service agreement & policy.
2) Payment for hosting service are not received within the billing cycle, (See #3c for more information).
3) Client may be canceled or termination by the hosting department, website files is removed from the server within 24 hours after the cancellation date. (See Content Management Below #12, 13 for more information).

11. Software / Multimedia Distribution
Accounts cannot be used to distribute "cracked" versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files (i.e. music files or MP3s). Sites that contain links to pirated software or illegal contraband are also prohibited.

12. Policy Violation
Client’s account that is used unlawfully or is in violation of the service agreement, JAM reserves the right to terminate the account without notice and without refunds. Files that violate the service agreement are subject to deletion without notice. Client’s violating the service agreement will be held responsible for damages to JAM, including but not limited to, JAM systems, servers, connectivity, reputation, business, service, network, operations or equipment and may be assessed a $500.00 clean-up fee. This clean-up fee is a one time service fee you will be billed for. Tech support is billed out by the hour. Our designer will make your minor changes on your website. If JAM work on your site we will send you a work order invoice for the services that we do via email or mail to be signed and send back to the office to fix/correcting errors, tech support, changes on the website. The client that is in violation with JAM server, (software) and policy agreement is determined by JAM. What constitutes an agreement violation is the sole discretion of JAM.

13. Website Content Management
JAM is not responsible for website management or files lost or damaged by users. Website management is the responsibility of the client. Client-maintained backup of all site files are recommended and should be maintained outside of JAM facilities. System backups are intended to be used in the event of system failures and are not intended to be accessed to restore files to individual sites. A fee of $400 is applicable should a client require any files from our backup systems or upgrade service. We cannot guarantee that the files contained in our backup systems will be the most current copies available for a given site. Backups are rotated frequently so retrieval requests should be made within one week of deletion to ensure files are available for restoration. (See clean-up fee of $500. See #12 for more information)

14. Indemnification / Disclaimer
JAM Company does not guarantee that our services will be uninterrupted and will not be held liable for any claims resulting from the use or the inability to use JAM services including, but not limited to, service interruptions, Internet connectivity problems, unauthorized access to JAM severs, domain name registration problems, DNS, Internet bandwidth, congestion, power failures and natural disasters. By using JAM Company, the client agrees to indemnity and hold JAM network harmless against any liabilities arising out of defective products sold to customers from JAM servers, personal injury or property damage caused by products or services sold or distributed from JAM servers, any material that infringes or allegedly infringes on the rights of a third party available from JAM servers, and any material that libels or allegedly libels a third party available from JAM servers.

15. Third parties Programming
ClicktoJam is a hosting & e-store Company that works with third parties programming like DSL, Telecommunication, and the Shopping Mall. All contracts for third party services & programs are prepaid and are nonrefundable on all third party services. JAM is not responsible for FREE third party programs, popup advertising, banner advertising, or advertising messages. If you want to put a STOP, to the advertisements, call your sales executive for more information. JAM is not responsible for Client’s third parties Designer’s, Domain Name and their services.

16. Non-Profit Organization and Promotional Packages
This agreement is for all organization’s that will advertise ClicktoJam at all there events. Organization’s agrees on; Banner ad sign space, all advertisements, advertised as an event sponsor, flyer ads with stand – up, business cards, ad poster space, full membership package in the organization with advertising, advertising label logo on the window, T-Shirts, Website, Advertising booklet, food service, gift certificates or credit.

17. Clients Work Order Invoice
All work orders are done on a first come, first serve basis. How the work order invoice works is, the client must sign before work is done or if the client signs the terms and conditions it supersedes the work order signing. The client can make up order for research, buying, selling of products & services and etc. After the work is due you will have 30 days to make the payment on the invoice. If you are late there is a late fee per month, but after 60 days you will be sent to Collections ASAP. (See 3c for more information)

18. Special Offers
All special offers are only good for new contracts only. After the client’s contract ends, JAM will modify the price on the hosting service. All specials are only good for one year.

F. Final Agreements
This agreement supersedes all prior understandings or agreements. By signing this agreement, the contract will cover all invoices, work orders and etc. if client does not sign. Only in further writing that is dually executed by both parties may modify this agreement. By signing this agreement I fully understand its content and acknowledge that I am legally authorized to enter into this agreement and will be held to its content.

I have Read and Understand the Terms & Conditions Agreement.

If you have any questions regarding this agreement please contact us.

ClicktoJam
P O Box 70794
Bakersfield, CA 93387