Terms & Conditions | Jerry R Cole Consulting Group, LLC

Services performed by Jerry R Cole Consulting Group, LLC are subject to the following terms and conditions:

Payment Schedule
Payment terms vary based on project size. Charges incurred in excess of the payments in the schedule below will be invoiced separately, but as an addendum to your contract and due within NET 15 terms. A 15% monthly service charge is payable on all overdue balances. Deposits are non-refundable.

For Projects Less Than $1,000

Retainer deposit, due prior to work starting:	100% of estimate
The 1st of each month after:	Any additional charges incurred

For Projects Between $1,000 and $15,000

Retainer deposit, due prior to work starting:	50% of estimate
Project end date:	Balance of estimate
The 1st of each month after:	Any additional charges incurred

For Projects $15,000 and Above

Retainer deposit, due prior to work starting:	30% of estimate
After design stage and prior to development stage, or if no design stage is included in this estimate, when 1/2 of the work is completed:	40% of estimate
Project end date:	Balance of estimate
The 1st of each month after:	Any additional charges incurred

Default in Payment
Client shall assume responsibility for all collection of legal and collection fees necessitated by default in payment.
Estimates
If this form is used for an estimate or assignment confirmation, the fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. Client’s approval shall be obtained for any increase in fees or expenses that exceed the original estimate by ten percent (10%) or more.
Expiration
The prices set forth in agreement are valid for 30 days. If printing is a component of the attached proposal, printing prices are not guaranteed until paper has been ordered. Jerry R Cole Consulting Group, LLC shall inform Client promptly if any variations in costs or outside expenses are anticipated.
Expenses
Unless explicitly defined in the project budget, Client shall reimburse Jerry R Cole Consulting Group, LLC for all expenses arising from this assignment, including but not limited to the purchase of fonts, stock photography, shipping, modules, and the payment of any sales tax due on this assignment. All invoices for expenses are payable upon receipt.
Plugins & Themes
Jerry R Cole Consulting Group, LLC reserves the right to use plugins and design themes throughout the course of the project. If Client requests a specific plugin, Jerry R Cole Consulting Group, LLC is not responsible if plugin does not meet the desired outcome. Additional fees may apply if alternate plugins are required.
Digital Services Plan
Jerry R Cole Consulting Group, LLC provides a set of technical services that it deems necessary in order to effectively operate an active website. These services are bundled into various Digital Services Plans. Services include, but are not limited to hosting, content delivery network and daily back-ups. These plans are offered to Jerry R Cole Consulting Group, LLC website clients as an additional annual fee. Should clients choose to avail of Jerry R Cole Consulting Group, LLC’s Digital Services Plan, an invoice will be generated in the month preceding the first day of each new year. Payment for the invoice is due prior the first day of each new year. If payment is not received on time, an interruption and/or cancelation of the Digital Services may incur. If Client chooses to host their site with a separate hosting provider, Jerry R Cole Consulting Group, LLC will not be considered party to their agreement nor are we responsible for compatibility or backups with the hosting provider.
Progress Reports
Jerry R Cole Consulting Group, LLC shall contact or meet with Client on a mutually acceptable schedule to report all tasks completed, problems encountered, and recommended changes. Jerry R Cole Consulting Group, LLC shall inform Client promptly by telephone or email upon discovery of any event or problem that may delay the development of the work significantly.
Design Revisions
Jerry R Cole Consulting Group, LLC will provide a maximum 3 rounds of revisions to design files it produces. Additional revisions will be performed at Jerry R Cole Consulting Group, LLC’s rate of $100 p/hour.
Changes
Client shall be responsible for making additional payments for changes to the original assignment requested by Client and as defined by the agreed upon wireframes. Changes will be performed at Jerry R Cole Consulting Group, LLC’s rate of $100 p/hour. However, no additional payment shall be made for changes required to conform to the original assignment description. Client shall offer Jerry R Cole Consulting Group, LLC the first opportunity to make any changes. Any explicit work effort that is not defined as either a Jerry R Cole Consulting Group, LLC responsibility or Client responsibility will be considered a Client responsibility by default. Where the implementation approach of a defined requirement is not explicitly defined, Jerry R Cole Consulting Group, LLC shall manage the implementation architecture decision. If an alternative architecture is desired, Jerry R Cole Consulting Group, LLC may, in its sole discretion, require a Change Order.
Rush Requests
Emergency Change Orders that need to start within 2-business days are considered rush requests. Rush requests are billed at two times Jerry R Cole Consulting Group, LLC’s standard hourly rate. As of January 1, 2015 the rush request hourly rate is $200 p/hour.
Milestones
Jerry R Cole Consulting Group, LLC projects are organized into milestones. In order to transition to the next milestone, the Client must review and approve by signature the work related to that milestone. Changes to approved work will be performed at Jerry R Cole Consulting Group, LLC’s rate of $100 p/hour. However, no additional payment shall be made for changes required to conform to the original assignment description.
Dependencies
The project may be dependent on additional vendors, in which case the proposed schedule may be adjusted based on other vendors’ schedule, delays, or dependencies, in which case, by signing this document; Client agrees to not hold Jerry R Cole Consulting Group, LLC liable for such changes in scope, schedule, fees, or cost changes. This is an estimated range based on information available at the date of estimation and will be solidified when/if Jerry R Cole Consulting Group, LLC is chosen as the vendor and upon completion of specifications discovery, architecture documentation, and wire-framing stage if such discovery stages are deemed necessary by Jerry R Cole Consulting Group, LLC. At the time of total cost solidification, payment milestones (and amounts) as well as the proposed schedule may change.
Content Acquisition
Content required for the project including text, photos, and videos are required prior to starting design. Jerry R Cole Consulting Group, LLC will provide a Content Organization Worksheet (“COW”) to Client to assist with collecting and organizing content. Client to return the COW to Jerry R Cole Consulting Group, LLC within 30 days of receipt. Failure to return a 100% completed COW within 30 days will result in a management fee of $500. If content is not received after 60 days, Jerry R Cole Consulting Group, LLC will choose to either perform copywriting services at Jerry R Cole Consulting Group, LLC’s rate of $100 p/hour or will terminate the project.
Testing & Acceptance Procedures
Jerry R Cole Consulting Group, LLC will make every good faith effort to test all deliverables thoroughly and make all necessary corrections as a result of such testing prior to handing over the deliverables to Client. Upon receipt of deliverables, Client shall accept the deliverables and make the milestone payment set forth herein or provide Jerry R Cole Consulting Group, LLC with written notice of any corrections to be made and a suggested date for completion that should be mutually acceptable to both Jerry R Cole Consulting Group, LLC and Client.
Browser Support – Web Standards
Jerry R Cole Consulting Group, LLC is committed to developing websites that are easily accessible and consistent across supported browsers and platforms and adheres to the following industry best practices:
- Develop websites and applications using W3C web standards
- Avoid technologies that are only supported by certain browser types (e.g., ActiveX)
- Avoid programming implementations that are only supported by certain browser types (e.g., CSS extensions)
Browser Support – Browsers & Devices
To maximize its ability to successfully support customer needs, Jerry R Cole Consulting Group, LLC uses statistical data from web visitors and industry data to identify the browsers most commonly used. Jerry R Cole Consulting Group, LLC validates against and fully supports use of the following browser/platform combinations:
- Google Chrome for Windows and Mac OS
- Firefox for Windows and Mac OS
- Apple Safari for Mac OS
- Internet Explorer 9.0 and higher for Windows
- Safari for iPhone 5.0 and higher
- Native browsers for Android 4.0 and higher
Website Maintenance
Jerry R Cole Consulting Group, LLC agrees to provide Client with reasonable technical support and assistance to resolve technical issues during the post launch support period of 14 days after website acceptance at no cost to Client. After the expiration of the post launch support period, Jerry R Cole Consulting Group, LLC agrees to provide Client with reasonable technical support and assistance to maintain and update the website for the rate of $100/hour, billed . Maintenance shall not include the development of enhancements to the originally contracted project. No guarantee of speed or functionality are made after this 14 day period.
Enhancements
If Client wishes to modify the product, Jerry R Cole Consulting Group, LLC will be given first option to provide a bid to perform such enhancements.
Confidential Information
Jerry R Cole Consulting Group, LLC acknowledges and agrees that the source materials and technical and marketing plans or other sensitive business information, as specified by Client, including all materials containing said information, which are supplied by Client to Jerry R Cole Consulting Group, LLC or developed by Jerry R Cole Consulting Group, LLC in the course of the project are to be considered confidential information. Information shall not be considered confidential if it is already publicly known through no act of Jerry R Cole Consulting Group, LLC.
Design Credit & Portfolio
Client agrees that Jerry R Cole Consulting Group, LLC may display discreet design and development credit on the finished website for Jerry R Cole Consulting Group, LLC and/or its contractor(s). Client agrees that designs created by Jerry R Cole Consulting Group, LLC and/or its contractors are permitted to be displayed for portfolio purposes and entered in design competitions.
Ownership & Return of Content
Client retains ownership of all original work (artwork, content, source code, database structure, etc.) whether preliminary or final. This includes original files (.psd, .ai, .php, .html, etc.) of any logo, layout or promotional piece that can be adapted for use outside of the contract. Due to licensing restrictions, Jerry R Cole Consulting Group, LLC does not transfer ownership of any fonts. Fonts may be acquired on behalf of Client at an additional cost if so desired. All tangible materials in all circumstances remain the property of Jerry R Cole Consulting Group, LLC. Upon payment of all fees and expenses, Jerry R Cole Consulting Group, LLC will transfer all rights and ownership to the Client for all approved final materials created by Jerry R Cole Consulting Group, LLC for the project.
Cancellation
In the event of cancellation of this assignment, ownership of all copyrights and any original artwork shall be retained by Jerry R Cole Consulting Group, LLC, and a cancellation fee for work completed, based on the prorated portion of the next payment and expenses already incurred, shall be paid by Client. If the project is billed on an hourly basis or percentage based on the time estimate for the entire project, a 50% of project cancellation fee is due once the project has been finished, whether delivered to the client or not. If the project is on an hourly basis and project is canceled by the client, the client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation. Jerry R Cole Consulting Group, LLC retains the right to cancel or suspend a project for any reason. A sixty (60) day notice of agreement termination by Jerry R Cole Consulting Group, LLC or Client is required for retainer agreements.
Client Approval Process
Jerry R Cole Consulting Group, LLC asks that the Client designate a single representative that correlates all feedback to us. Additionally, each item has a limit of revisions a Client can make. This is put into place to help consolidate a Client’s list of edits into rounds or revisions, making our approval process more efficient. Jerry R Cole Consulting Group, LLC will allot 2 business days for a Client to deliver revisions.
Timing
The attached proposal assumes a launch schedule as outlined above starting on the date of receipt of signed project approval. Project’s extending beyond the time frame specified due to non-receipt of content or delays in approval process will be subject to appropriate schedule adjustments and an additional monthly management fee of $500 p/month. In addition, if project materials or feedback are not received in a timely manner (within 2 business days), the completion dates may be adjusted forward based on when resources are available to resume work.
Early Termination
Lack of communication received from Client for more than 90 days will be recognized as a cancellation of the project. A $1,000.00 re-activation fee will be required to reactivate the project.
Copy-Protection
Client will properly display a copyright notice on the website. In the event of a reported or discovered copyright infringement by another party, Client will take reasonable action to protect and defend the copyrighted work. Copyright infringement includes, but is not limited to, duplication or alteration of the final website, which is the subject of this agreement.
Alterations
Any electronic alteration of original art (color shift, mirroring, flopping, combination, cut and paste, deletion) creating additional art is prohibited without the express permission of Jerry R Cole Consulting Group, LLC. Jerry R Cole Consulting Group, LLC will be given first opportunity to make any alterations required. Unauthorized alterations shall constitute additional use and will be billed accordingly.
Beyond Original Use
Jerry R Cole Consulting Group, LLC shall be given first option at compiling the work for systems beyond their original use.
Unauthorized Use
Client will indemnify Jerry R Cole Consulting Group, LLC against all claims and expenses arising from all uses for which Client does not have rights or authority to use.
Warranty of Originality
Jerry R Cole Consulting Group, LLC warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that Jerry R Cole Consulting Group, LLC has full authority to make this agreement; and that the work prepared by Jerry R Cole Consulting Group, LLC does not contain any scandalous, libelous or unlawful matter. This warranty does not extend to any uses that Client or others may make of Jerry R Cole Consulting Group, LLC’s product that may infringe on the rights of others. Client expressly agrees that it will hold Jerry R Cole Consulting Group, LLC and its executers, agents, employees, partners, and contractors harmless for all liability caused by Client’s use of Jerry R Cole Consulting Group, LLC’s product to the extent such use infringes on the rights of others.
Third-Party Contracts
Jerry R Cole Consulting Group, LLC may contract with other individuals or companies acting on behalf of the Client to provide additional services such as writing, photography, illustration, printing, programming and fabrication.
Limitations of Liability
Client agrees that it shall not hold Jerry R Cole Consulting Group, LLC or his/her executors, agents, employees, partners, nor contractors liable for any incidental or consequential damages which arise from Jerry R Cole Consulting Group, LLC’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Jerry R Cole Consulting Group, LLC or a third party. Furthermore, Jerry R Cole Consulting Group, LLC disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.
Typographical Errors
Client has the responsibility to proofread and examine all work produced during the project. Client is ultimately responsible for any typographical, spelling, grammatical, copy, photographic, illustrative, layout or other errors discovered after printing or reproduction, or for any work or services performed by any party selected by the Client. Typographical revisions needed post submission will be performed at Jerry R Cole Consulting Group, LLC’s rate of $100 p/hour.
Indemnity
Although the attached proposal may or may not include estimates from other companies, by signing this contract, Client agrees to hold harmless and completely and fully indemnify Jerry R Cole Consulting Group, LLC, its officers, directors, employees, members and agents, individually and without limitation in regards to any and all liability, claims, suits, proceedings, demands, losses damages or expenses of any name or nature resulting in any way, or in any manner connected with designers or design companies.
Dispute Resolution
Any disputes in excess of $4,000.00 (maximum limit for small claims court) arising out of this agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. Client shall pay all arbitration and court costs, attorney’s fees and legal interest on any award of judgment in favor of Jerry R Cole Consulting Group, LLC.