This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web Design, Web Hosting, e-Commerce or other Internet-related services provided by the JoomaGroup of Companies i.e Joomadesk, Joomastudio and Joomaserver. By submitting your order, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on our company's site. As referred to in this Agreement, "our company's site" refers to the web site located at www.joomadesk.com, or any other successor sites owned or maintained by Joomadesk.

As used in this Agreement, "We" includes all members of the JoomaGroup as mentioned or any party acting on its implicit instructions, "You" includes the person purchasing the services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "Server" means the computer server equipment operated in connection with the provision of the Services. "Web Site" means the area on the server allocated by us to you for use by you as a site on the Internet. Each time you use any of our services , you agree to be bound by these Terms of Service, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Services. Please see our Terms Of Use, and Privacy Statement all incorporated into these Terms of Service by reference.

In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this Agreement:

Services

• Intellectual Property Rights.
  Upon final balancing payment of a contract you, the Client, can be assigned full ownership rights to his web site. By this, you understand that while you own the web site, any elements within the site that hold existing copyrights are not transferred to you. Examples include but are not limited to: 3rd party software and scripts, software and scripts designed and copyrighted by JoomaGroup, and 3rd party photographs, graphics and other multimedia such as video and audio. In these cases, the copyright to any of these elements is not transferred to you, but remains the property and copyright of their respective owners. Upon completing each web design project, we ask that you place a text link to our site that will read "Web Design by JoomaGroup." in the copyright line at the bottom of your home page.
  
• Content.
  We always reserve the right to refuse a project if we deem that any content you wish to include on your site is highly pornographic, meant to cause extreme offence or considered illegal in any way. It is imperative that you discuss these matters with us prior to the commencement of the project.
  
• Third Party Services and Software.
  Should your project require a third party services or software, we ask that in the majority of cases you personally pay for these directly to that third party. Examples may include but are not limited to: credit card processing services, customized scripts, etc. Refunds on third party services (such as domain registration, software purchases, etc) are entirely decided by that third party and we should not be held responsible for any amount of money not refunded.
  
• Final Product.
  We reserve the right to display or exhibit any final product(s) to other potential Clients except where doing so may violate any confidentiality agreements, which may be in force.
  
• Liability.
  We shall not be liable for any legal issues, offence and disputes that may arise from the content provided by our Clients for the web design projects. The responsibility for any content or material made accessible to the web public through your web sites is solely yours.
  
• Pricing.
  We currently have our web design services pricing based on quotes. The initial quote we give you is a consideration of the initial information you supply us. Upon completing the project, if no changes occurred to the the initial brief, then you are only liable to pay the initial quoted price. If, however, during the project, You request various changes to the design brief, than we reserve the right to charge additional fees for the extra work. We will inform you of any estimated additional costs involved in any changes you request in advance. In some cases it is not possible to give an exact quote on certain services, and an estimate will be given instead as a general guide to the expected price for that particular service.
  
• Search Engine Optimization and Submission.
  If search engine promotion is included in the project you understand that we cannot guarantee any particular search engine ranking or placement and that submission to the majority of search engines and directories does not guarantee entry. We cannot be held responsible for any loss financial or otherwise to your business due to an unexpected drop in your search engine rankings. The initial information that we apply optimization to shall be supplied by you. Unless otherwise stated, search engine submissions are carried out one time per engine. Should you make changes to any site information that we have optimized, you understand that these changes may have an adverse effect on your search engine ranking.
  
• Payment Rules.
  We require an initial deposit before we can start work. Typically, this is no more than 60% of the total project cost. Balance is due before the completed project is uploaded live to your account. We upload the moment you authorize us to do so and we have received the final payment.
• Project fees
  In any of our projects/services the project fee is full payable for any contract period as agreed in advance or otherwise agreed. In case of cancellation for any reason at all client is obliged to pay the full amount of the contract fee at any time unless otherwise agreed subject to solid judgement of Joomadesk. If JoomaGroup is willing to provide a substitue or a discount in case of termination it will be done based on goodwill and not for any liability or contract reasons.
  
• Cancellation.
  After a web design project becomes active, which is in general upon providing a signed copy of the order confirmation per fax or as a result of clearing the initial payment dues, if you wish to cancel the project you will need to do so by sending a written cancellation notice. You will be than liable to pay for all work already completed on the project at an hourly rate of $75,00 USD per hour, and any other additional expenses that we have incurred to that point in time due to the project, including any reasonable costs involved in ceasing the project. You will receive a full invoice detailing all those costs (only valid if goodwill is encouraged as stipulated in "project fees' article above'
  
• Our Guarantee.
  If there are any errors on your site that are due directly to a mistake on our part, we agree to fix this error. You will need to contact us with a description of the error, and we will begin the investigations. We aim to have all such errors fixed within 3 working days of our confirmation sent to you. However, this guarantee does not refer to: errors that have occurred as a direct result of changes made to your site by you or a third party; web server faults that are due to your hosting company; errors that have arisen due to unforeseen changes in internet software or hardware - such as new browsers or operating systems.
• Conduct
  We expect cordial treatment to all our staff. Please see our Terms Of Use Point 6. Any aggression or rude behavior will lead to immediate cancelation of services.

Other Services

• JoomaGroup reserves the right to discontinue service, or deny access to anyone who violates its policies or terms and conditions WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined above.
• By contracting this service you give your consent to receive occasional emails from us informing you of our products and services.
• At any time JoomaGroup may add, amend or remove items to this list of terms and conditions, at each stage the Client will be notified of any such changes.
• JoomaGroup may refuse to service any person or web site at their sole discretion.
• If any of the terms of this service agreement are found to be illegal it shall not affect the validity of the others.
• The cost of any legal claim or dispute arising from this service agreement shall be borne exclusively by the Client.
• If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact us.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

Applicable law

see point 20 of our Terms Of Use

Version 1.3.0 05-31-2008