Terms & Conditions

The Nitty-Gritty: Template Development

Hello! If you’re reading this, you’re like me – you like to know what you’re getting into. Unfortunately for us both, lawyers always write terms of use, and they write for impenetrable clarity, not ease of understanding. So we’ve provided a Normal Person English translation for each section. Hope it helps!

P.S. The legalese is the real stuff. The translation is just to help out. Choose your product below to jump to that section. Enjoy!

Terms & Agreements For Subscription-Based Template Websites

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.

Normal Person English Translation:

You don’t own your website files or code , so you can’t move your website to another hosting service. We host your website on our server, and you pay us a monthly fee to keep it live. We’re married for as long as you want to keep your website up. We’ll be a good spouse we promise!

Monthly billing starts when your website 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.

Normal Person English Translation:

If you don’t pay your monthly fees, we take the website down. But if you bring your account up to date within 6 months, we can make the site live again. After 6 months, we delete everything to free up space on the server.

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.

Normal Person English Translation:

Some edits are included in your monthly fee. A Domain name isn’t included.

Terms & Agreements For Template Landing Page

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

Once your landing page is live, you receive the first year of hosting free. After that first year you will be billed $50/year to keep the landing page live. If you need to take the landing page down you will need to contact us and let us know you no longer need the landing page for your campaign. Any design or copy changes to the landing page can be made at our hourly rate of $75.

Normal Person English Translation:

You don’t own your landing page files or code , so you can’t move your landing page to another hosting service. We host your landing page on our server, and you pay us a hosting fee once per year to keep it live. We’re married for as long as you want to keep your landing page up. We’ll be a good spouse we promise!

Terms & Agreements For Catch That Lead

You will not own your pop-up forms’ files or code, so you can’t keep or move them if you decide to discontinue your monthly Catch-That-Lead Tool services with us. We take care of hosting your pop-up forms, and you pay us a monthly fee to keep them live, continually improve them and report to you on their results. If you don’t pay your monthly fees, we take the Catch-That-Lead Tool down. But, if you bring your account up to date within 6 months, we can make it live again. After 6 months of non-payment, we delete everything including designs, stats and records of your test results thus far. You give us permission to access any hosting programs or accounts that are necessary for us to make your Catch-That-Lead Tool live on your website. If for some reason you suffer in any way as a result of our interactions with your website and our services provided, you agree that we are not legally liable.

Normal Person English Translation:

You don’t own your pop up files or code, so you can’t edit the pop up yourself. We host the pop up on our server, and you pay us a hosting fee each month to keep it live. We’re married for as long as you want to keep your pop up active.

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.

Normal Person English Translation:

We are PostcardMania. You are you, and legally, so is anyone you authorize to represent you.

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.

Normal Person English Translation:

You give us permission to access any hosting programs or accounts that are necessary for us to deliver an amazing website to you, and to publish your website to the internet (where other people can see it).

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.

Normal Person English Translation:

The text and images you send us to use on your site must be your own. We’re not responsible if you plagiarize.

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.

Normal Person English Translation:

Projected completion dates are just that: projected. We are hell-bent on always honoring them, but it’s not a guarantee. You can’t sue us if we miss it.

Subcontractors

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

Normal Person English Translation:

Sometimes we use freelancers that we trust.

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.

Normal Person English Translation:

We will do everything we can to keep your site up all of the time. But if issues arise, you won’t be compensated for downtime.

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.

Normal Person English Translation:

You have to pay in US dollars, and we won’t start working on your site until you do. We reserve the right to use the content in other projects.

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.

Normal Person English Translation:

If you sell stuff through your website, you are responsible for complying with e-commerce laws and taxes. We are not.

Refunds

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

Normal Person English Translation:

Keep scrolling and check out the 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 that 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.

Normal Person English Translation:

You can’t cancel your order after the site is finished and you send in the approval form. If you need to cancel before sending the approval form, you’ll get a company credit for any products/services not yet delivered, minus a $150 cancellation fee.

Returns for Credit

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

Normal Person English Translation:

You can’t return your website for credit (or cash), because it’s custom made for your business.

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.

Normal Person English Translation:

We’ll fix any and all mistakes on the website if you email us within 10 days after delivery (if the mistake was our fault).

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.

Normal Person English Translation:

If for some reason you suffer from any of the above as a result of your website, you agree that we are not legally liable.

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.

Normal Person English Translation:

While we are going to try our best to build your site with SEO best practices, we don’t make any guarantees regarding your new site’s search engine rankings.


Now that we’ve got the jargon out of the way,
let’s get started!