Terms of Service
Welcome to JayDoolan.com (“I,” “me,” “my”). These Terms of Service (“Terms”) govern your access to and use of my website, services, and products (collectively, the “Services”). By using my Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use my Services.
Please read these Terms carefully before accessing or using my Services.
1. Services Provided
1.1 Scope of Services: I offer WordPress development services, including but not limited to custom theme and plugin development, website design, website maintenance, and other related services as agreed upon with you.
1.2 Proposal and Acceptance: Before I start any work, I’ll provide you with a detailed proposal outlining the scope, timeline, and costs of the Services. Your acceptance of the proposal and payment of the initial deposit constitutes an agreement to these Terms.
1.3 Modifications to Services: I reserve the right to modify or discontinue, temporarily or permanently, any Service (or any part thereof) with or without notice at any time. You agree that I shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
1.2 Proposal and Acceptance: Before I start any work, I’ll provide you with a detailed proposal outlining the scope, timeline, and costs of the Services. Your acceptance of the proposal and payment of the initial deposit constitutes an agreement to these Terms.
1.3 Modifications to Services: I reserve the right to modify or discontinue, temporarily or permanently, any Service (or any part thereof) with or without notice at any time. You agree that I shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
2. Client Responsibilities
2.1 Provision of Materials: You agree to provide me with all necessary content, materials, and information required to perform the Services in a timely manner. You are responsible for ensuring that all such materials are accurate, complete, and up-to-date.
2.2 Approval and Feedback: Your timely feedback and approvals are crucial to the progress of the project. Delays in providing feedback or approvals may result in delays in the completion of the Services.
2.3 Access and Permissions: You agree to provide me with the necessary access and permissions to your WordPress site, hosting account, and any other relevant resources to perform the Services. I am not liable for any delays or issues caused by a lack of access or permissions.
2.2 Approval and Feedback: Your timely feedback and approvals are crucial to the progress of the project. Delays in providing feedback or approvals may result in delays in the completion of the Services.
2.3 Access and Permissions: You agree to provide me with the necessary access and permissions to your WordPress site, hosting account, and any other relevant resources to perform the Services. I am not liable for any delays or issues caused by a lack of access or permissions.
3. Payment Terms
3.1 Fees: You agree to pay the fees for the Services as outlined in the proposal or invoice I provide. All fees are non-refundable unless otherwise specified in these Terms or agreed upon in writing.
3.2 Deposit: A non-refundable deposit of 50% of the total project cost is required before I begin work. This deposit will be applied towards the total project cost.
3.3 Payment Schedule: The remaining balance will be invoiced according to the payment schedule outlined in the proposal. Payment is due within 14 days of the invoice date. Late payments may incur interest at a rate of 10% per month. 3.4 Additional Costs: You are responsible for any additional costs incurred as a result of changes to the project scope, third-party services, or additional features requested by you that were not included in the original proposal.
3.2 Deposit: A non-refundable deposit of 50% of the total project cost is required before I begin work. This deposit will be applied towards the total project cost.
3.3 Payment Schedule: The remaining balance will be invoiced according to the payment schedule outlined in the proposal. Payment is due within 14 days of the invoice date. Late payments may incur interest at a rate of 10% per month. 3.4 Additional Costs: You are responsible for any additional costs incurred as a result of changes to the project scope, third-party services, or additional features requested by you that were not included in the original proposal.
4. Intellectual Property
4.1 Ownership of Deliverables: Upon full payment of all fees, I will transfer ownership of the final deliverables to you. However, I retain the right to use any code, designs, or other deliverables created during the project for my portfolio and promotional purposes.
4.2 Third-Party Materials: If I use any third-party materials or software in the course of providing the Services, you will be responsible for obtaining the necessary licenses and complying with all applicable terms and conditions.
4.3 Pre-Existing Intellectual Property: Any pre-existing intellectual property that I bring to the project, including but not limited to frameworks, libraries, and tools, shall remain my property. You are granted a non-exclusive, non-transferable license to use such intellectual property solely in connection with the Services.
4.2 Third-Party Materials: If I use any third-party materials or software in the course of providing the Services, you will be responsible for obtaining the necessary licenses and complying with all applicable terms and conditions.
4.3 Pre-Existing Intellectual Property: Any pre-existing intellectual property that I bring to the project, including but not limited to frameworks, libraries, and tools, shall remain my property. You are granted a non-exclusive, non-transferable license to use such intellectual property solely in connection with the Services.
5. Confidentiality
5.1 Confidential Information: Both parties agree to keep confidential any information that is disclosed during the course of the project that is identified as confidential or that should reasonably be understood to be confidential. This includes, but is not limited to, business strategies, proprietary information, and customer data.
5.2 Exceptions: The obligation of confidentiality does not apply to information that (a) is or becomes publicly available through no fault of the receiving party, (b) was already in the possession of the receiving party without restriction at the time of disclosure, (c) is independently developed by the receiving party without use of the disclosing party’s confidential information, or (d) is required to be disclosed by law.
5.2 Exceptions: The obligation of confidentiality does not apply to information that (a) is or becomes publicly available through no fault of the receiving party, (b) was already in the possession of the receiving party without restriction at the time of disclosure, (c) is independently developed by the receiving party without use of the disclosing party’s confidential information, or (d) is required to be disclosed by law.
6. Warranties & Disclaimers
6.1 Performance Warranty: I warrant that the Services will be performed in a professional manner consistent with industry standards. However, I do not warrant that the Services will be error-free or that any defects will be corrected.
6.2 Disclaimer of Other Warranties: Except as expressly provided in these Terms, the Services are provided “as is” and I disclaim all other warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2 Disclaimer of Other Warranties: Except as expressly provided in these Terms, the Services are provided “as is” and I disclaim all other warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. Limitation of Liability
7.1 No Liability for Indirect Damages: In no event shall I be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with the Services, even if I have been advised of the possibility of such damages.
7.2 Limitation of Liability: My total liability to you for any claim arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to me under these Terms.
7.2 Limitation of Liability: My total liability to you for any claim arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to me under these Terms.
8. Indemnification
8.1 Indemnification by Client: You agree to indemnify, defend, and hold harmless me and my affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Services, (b) your breach of these Terms, or (c) your violation of any third-party rights.
9. Termination
9.1 Termination by Either Party: Either party may terminate these Terms at any time for any reason by providing written notice to the other party.
9.2 Effect of Termination: Upon termination of these Terms, you will be responsible for payment of all fees for Services performed up to the date of termination. I will deliver to you any work completed prior to termination, and you will have no further rights to the Services.
9.2 Effect of Termination: Upon termination of these Terms, you will be responsible for payment of all fees for Services performed up to the date of termination. I will deliver to you any work completed prior to termination, and you will have no further rights to the Services.
10. Miscellaneous
10.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.
10.2 Entire Agreement: These Terms, together with any proposal or invoice, constitute the entire agreement between you and me with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
10.3 Amendments: I may modify these Terms at any time by posting the revised Terms on my website. Your continued use of the Services after such changes have been posted constitutes your acceptance of the revised Terms.
10.4 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.5 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and my failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
10.2 Entire Agreement: These Terms, together with any proposal or invoice, constitute the entire agreement between you and me with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
10.3 Amendments: I may modify these Terms at any time by posting the revised Terms on my website. Your continued use of the Services after such changes have been posted constitutes your acceptance of the revised Terms.
10.4 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.5 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and my failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
11. Contact Me
If you have any questions about these Terms, please contact me at hello@jaydoolan.com
Thank you for choosing to work with me. I look forward to helping you with your WordPress needs!
Thank you for choosing to work with me. I look forward to helping you with your WordPress needs!
By using my Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.