Public notice: Jinn Digital LLC  (ID: 001316577) of Topsfield, MA is in no way associated or affiliated with Jinn LLC (ID: 001276199) of Natick MA

Terms & conditions

All users of this site agree that access to and use of this site and services are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or its services. This extends to the additional tabs contained herein.

 

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Jinn Digital LLC. The collective work includes works that are licensed to Jinn Digital LLC. Copyright 2018, Jinn Digital LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Jinn Digital LLC or purchasing Jinn Digital LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Jinn Digital LLC or to purchase Jinn Digital LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Jinn Digital LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

 

Limitation of Liability

Jinn Digital LLC shall not be liable for any special, compensatory, consequential and/or punitive damages that result from the use of, or the inability to use, the materials on this site or the performance of the products or services, even if Jinn Digital LLC has been advised of the possibility of such damages.

 

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions are also applicable to any breach, alleged breach, or any problems encountered while retaining and using the service of Jinn Digital LLC. These terms and conditions, or any part of them, may be terminated by Jinn Digital LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

Notice

Jinn Digital LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided.

 

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the State of Massachusetts, U.S.A. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site and it’s service provided (including but not limited to the purchase of Jinn Digital LLC products) shall be in the state or federal courts located in Essex County, Massachusetts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Jinn Digital LLC products) must be commenced within one (1) year after the claim or cause of action arises. Jinn Digital LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Jinn Digital LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Jinn Digital LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.

You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

 

Participation Disclaimer

Jinn Digital LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Jinn Digital LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Jinn Digital LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Jinn Digital LLC in its sole discretion.

 

Indemnification

You agree to indemnify, defend, and hold harmless Jinn Digital LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, suits, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

Non Disparagement

Upon the full execution of any Jinn Digital LLC agreement or proposal, all parties promise and agree that they will not defame or disparage each other, any other party, employee or individual during or after completion or termination of any project. This includes any negative reviews, comments, negative social media posts, Yelp reviews, Google reviews or any other private agency or company. Should either party breach this paragraph, the non-breaching party will be entitled to damages and attorneys fees for any suit for enforcement.

 

Third-Party Links

In an attempt to provide increased value to our visitors, Jinn Digital LLC may link to sites operated by third parties. However, even if the third party is affiliated with Jinn Digital LLC, Jinn Digital LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Jinn Digital LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Jinn Digital LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Client agreement

TERMS OF AGREEMENT between Jinn Digital LLC and Client. Jinn Digital LLC will design, develop or market a website or function request (the “Project”) for the Client by providing the design, programming services or marketing / SEO listed on Proposal Agreement / SEO Agreement / Digital Marketing Agreement, etc (the “Services”) in a professional and timely manner.

The term ‘Proposal agreement’ may also refer to work detailed on invoices and quotations sent by our systems and staff.

 

Term / Scheduling

Jinn Digital LLC will begin the Services on the designated date and continue until the satisfactory completion of the Services within the scope of work found in the proposal agreement. The term “satisfactory completion” of the Services means when the software, design or project developed for the Website performs to the specifications set forth on the Proposal or detailed in invoices or quotations.

This is applicable to all services offered by Jinn Digital LLC.

 

Payments

Fees to Jinn Digital LLC are due and payable as scheduled in the proposal agreement via milestones. Any additional expenses incurred during development will be invoiced at the completion of the Web site. Jinn Digital LLC reserves the right to remove web pages from viewing on the Internet until final payment is made. If a payment delay is anticipated, please contact Jinn Digital LLC immediately for an alternative arrangement. Payments made are nonrefundable.

If there is any dispute or concern over future payment Jinn Digital LLC has the right to change the payment terms. If a dispute arises, Jinn Digital LLC has the right to limit and request for final payments via check, bank check or wire transfer. Any payment made by client signifies the acceptance of the proposal and terms of this agreement. In case collection proves necessary, the Client agrees to pay all fees incurred by that process.

Regardless of the place of signing or implied acceptance of this Agreement, the Client agrees that for purposes of venue, this Agreement was entered into in Essex County, Massachusetts, and any dispute will be litigated or arbitrated in Essex County, Massachusetts.

 

Authorization

The above-named Client is engaging Jinn Digital LLC, for the specific purpose of developing and/or improving a World Wide Web site. If the above named Client wishes to have Jinn Digital LLC host the Client’s web space on Jinn Digital LLC’s web server, permission to do such is granted. If the Client prefers to have the site hosted elsewhere, Client hereby authorizes Jinn Digital LLC to access this FTP account, and authorizes the Internet Service Provider to provide Jinn Digital LLC with “write permission” for the Client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Client also authorizes Jinn Digital LLC to publicize their completed Web site to major Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.

 

Additional Expenses

Client agrees to reimburse Jinn Digital LLC for any outside expenses necessary for the completion of the project. These expenses are all Internet fees and are not a source of income for Jinn Digital LLC. Examples of these external charges would be: securing a domain name; purchase of specific photography at the Client’s request; purchase of specific software at the Client’s request, hosting, plugins.

 

Client Amendments / Changes

We encourage input from the Client during the design process. Jinn Digital LLC understands, however, that clients may request design changes to pages that have already been built or designed to the Client’s specification. To that end, please note that our agreement does not include a provision for revisions outside of our proposal agreement revision policy. On custom web design projects, if page modification is requested after a page has been designed or built to the Client’s specification, we must bill for the additional time and work. Anything that may be considered outside of scope by Jinn Digital LLC that was not initially planned for or worked on through Jinn Digital LLC design process is considered out of scope. Once the design and mockup phase is complete and development has started, Jinn Digital LLC considers that phase complete and no alterations will be made without additional costs and timing impact to the project. Additional modifications will be billed between $100 – $180 per hour or per the rate in the proposal agreement and or per the complexity of the task which is at Jinn Digital LLC’s discretion.

 

Remember

Once we have completed the revision process in the design phase and have started the development phase, we can’t go back and revise visuals or make any changes without impacting cost and timing of the project. Once the development phase starts we consider the mockup and design phase complete. We’ll either get your signoff by email to start development or if you do not respond within 1 week of mockup delivery, we consider the design and mockup phase complete and we’ll automatically start development.

If you anticipate delays in response please advise your account manager in writing to avoid additional costs or time delays in your project.

 

Revisions

During the design phase of your project, revisions are offered per the proposal agreement. Client adheres to the revision policy set within the proposal for all projects that Jinn Digital LLC performs or engages in.

 

3rd Party Servers & Hosting

Jinn Digital LLC is not a hosting or server provider. During development projects if 3rd party hosting is necessary, the client must provide Jinn Digital LLC with full admin access of the 3rd party cpanel for configuration of their development project. If issues arise on the clients hosting environment, the client is responsible to handle the issues with their internal or 3rd party hosting support team.

 

Data migration/data import

Any data being migrated or imported into any system by Jinn Digital LLC must be provided, by the client, in a file format that is both compatible with the receiving system and approved by Jinn Digital LLC, unless explicitly stated otherwise in the scope of work herein.

 

Incomplete data

Jinn Digital LLC can only import or migrate complete and organized data. For example, an empty category field in a product/inventory spreadsheet/CSV prevents that product from being found via the main navigation and instead requires use of the search bar to locate. It is the responsibility of the client to provide complete, organized, and properly formatted data.

 

Guarantee

Jinn Digital LLC does not guarantee any performance, sales or conversion increases. Jinn Digital LLC does it’s best to help clients in their design, development and marketing goals, but we do not guarantee any increased results. All service under this Agreement is provided “AS IS” and without warranties. Jinn Digital LLC performs work per our agreements (Scope of work) and we cannot and does not guarantee performance, increase in revenues, increase in engagement or conversion. And Jinn Digital LLC makes no promises towards any of these types of claims. At times when a website is redesigned or migrated from one platform to another there can be a dip in traffic and analytics. Jinn Digital LLC is not responsible for such dips in activity as there can be many reasons for this to occur outside of Jinn Digital LLC control. Jinn Digital LLC will only roll back a clients website to the clients original site if paid to do so and if there is a backup of the original site that should be stated within the original agreement (Scope of work). If a backup exists, Jinn Digital LLC is not responsible for the updates made during the time from the last backup.

 

3rd parties & data reformatting

It is also the responsibility of the client to communicate with any vendors or 3rd parties to properly format and relay (to Jinn Digital LLC) any data that the client is not the primary source of. Unless already discussed and included in the scope of work, any data manipulation, reformatting, field mapping, entry, or sourcing is considered outside of scope and requires a change order and additional cost to the client.

 

SEO & Marketing

We do our best to achieve SEO results with a well balanced campaign however keyword ranking and performance is not guaranteed. Jinn Digital LLC does not offer any refunds for SEO or digital marketing campaigns (SEO, PPC, Shopping Feeds, Email Marketing, Re-marketing, Content Marketing, Blogging, Social Media).

 

Unforeseen issues

As data migration can be very complex and time consuming, it is not always possible to account for every step of the process when determining a quote and scope of work. Sometimes there are issues that cannot be discovered until well into the migration process.

For example, if the migration requires use of a 3rd party application or vendor, Jinn Digital LLC is not responsible for any bugs, delays, issues or noncooperation from said 3rd parties.

Alternatively, a scope of work might include adding images to products by downloading images from an FTP file and using the image names to connect them with their associated product data. If the image names are later found to match only 50% of the product IDs, it is not the responsibility of Jinn Digital LLC to perform out of scope activities to adjust 50% of the image names (or otherwise fix the issue).

As such, it is not the responsibility of Jinn Digital LLC to foresee all possible issues that stem from the client’s assets or 3rd party systems. Extra work that is required to fix such unforeseen issues may require a change order and additional cost to the client.

 

Support

We support the code and development we create for up to 30 days for any mistakes or errors found after the completion of your project as long as this code has not been tampered with by you or any other developers and coders. Any errors or issues found after 30 days that needs resolution will be performed by our team at an hourly service agreement that may be purchased by contacting our sales department. Please review our general company design, development and project terms. If for any reason another developer, designer or 3rd party source outside of Jinn Digital LLC changes or alters code or design created by Jinn Digital LLC (without permission) during the 30 days, our support agreement becomes void. All errors and bugs must be submitted to Jinn Digital LLC before we launch the site to avoid issues after launch. After delivering the website to you or launching, only minor bugs & issues will be handled. Any major bugs & issues must be worked on while on our development sandbox otherwise later there can be additional charges for rework or complex bug fixes.

 

30 Day Support

30 day support of any QA issues starts from the day we deliver or migrate the site to your account from our sandboxes or test environment. This happens after we receive final payment. The support period starts whether or not your website goes live or not. During this time any small bugs or QA issues are handled by Jinn Digital LLC within a 12 to 24 hour period depending on the complexity of the bug or issue. Any rework or revisions from the original mockup or development version of the website will be charged at additional rates for the time spent. After the 30 day period, any reported bugs or issues are charged at the agreed upon hourly rate within your original contract. Jinn Digital LLC’s rate can change depending on the complexity of fixes, or any internal rate changes.

Jinn Digital LLC has the right to decline to offer support if clients work or tamper with any code during the support period. Any 3rd party work done outside of Jinn Digital LLC will void our support obligation. Jinn Digital LLC does not train clients on platform use unless specifically noted in the scope of work. Any support must be addressed with the platform themselves. For any support Jinn Digital LLC must be granted full admin access and permissions.

During the support period all requests must be made via email. Support is for technical bugs/issues only and not for platform explanations, training, hosting support or security support. Only valid support requests will be honored.

This support does not include instruction of how to use your ecommerce shopping cart software or how to manipulate the code we have implemented. Education in this regard is billable at our hourly development rate.

 

Website Theme/Template/System Updates

We ask that you do not automatically or manually update your website or change themes. Updates for WordPress, custom websites, hosted platforms (Bigcommerce, Volusion, Shopify, 3dCart) and other types of platforms should be handled by the team that created your website. Because of the complexities involved in updates, we highly recommend you hire us to perform these tasks.

If you update your website and it breaks, it will cost you more to hire us after the fact.

At times your system / platform may perform updates to it’s framework, templates, themes, core files. This can effect your theme, custom code, store, performance. If this happens, it is the clients responsibility to notify Jinn Digital LLC and hire Jinn Digital LLC for any fixes, adjustments, upgrades, custom coding.

Updates can be handled by purchasing an hourly agreement from our sales department or fixed costs can be assessed depending on level of work.

 

Important Security Information

Websites that are on WordPress, or another open source platform that requires self-hosting (Hostgator, Godaddy, etc.) need to be secure & backed up. We highly recommend that you regularly back up your site & keep your site secure. For a fee, your host will take daily, weekly & monthly backups of your website. Jinn Digital LLC is not responsible for your site once we have completed the scope of work. We cannot prevent malware, hacking, viruses or other issues that are related to self-hosting. Contact your hosting provider for more information about how to secure your site.

 

Abandoned Projects

If a client is engaged in a service agreement with Jinn Digital LLC and (90) days passes without verbal or written correspondence from that client (or person recognized to speak on the client’s behalf), the project is considered abandoned. Jinn Digital LLC is not responsible for saving graphics, templates on its test server/sandbox, files, data, and other deliverables. No refunds/credits will be issued. If the client reemerges at a later date, and it is discovered that project deliverables can be recovered, a fee of no more than 50% of the original project price must be paid to either receive any project deliverables or re-engage Jinn Digital LLC in the project. Jinn Digital LLC maintains sole discretion over its decision to re-engage in the original service agreement with the client.

 

Sandbox Environments

In order to keep your site up and running during your project, we work on a sandbox environment when possible. A project can be completed and thoroughly tested on the sandbox environment before ever going live. However, sandboxes cannot completely eliminate downtime. We typically correct any issues right away, but on rare occasions it can take us up to 24-48 hours to complete live implementations.

 

Rules Regarding Jinn Digital LLC Sandbox Environments

For budget and time constraint reasons, it is sometimes necessary for us to work on live environments. If working on a live environment is not an option for you, please advise your account manager prior to signing this agreement (or assigning us a ticket) so that a sandbox fee can be added to the scope of work and project price.

Sandbox Synchronization: The sandbox represents your site on the day we copied it. If any drastic changes were made to the site between that date and the delivery date that require the site be re-synchronized, an additional charge will be required.

Large Sandbox Site: We typically do not migrate all data to our sandbox. If, for any reason, you need extra data moved to the sandbox, or the amount of data we need to mirror is of a significant enough size, we may charge a fee. If this is the case your account manager will alert you and include this fee in your scope of work or add it to your project. For retainer / support projects, this amount will be taken from your retainer.

Site Backup: If, for any reason, you’d like to keep you site backed up on our sandbox beyond migration to the live environment, that is an option that is available at an extra cost. Please arrange it with your account manager.

Sandbox Access: Only Jinn Digital LLC employees will have access to Jinn Digital LLC sandboxes. Clients will see their sandbox site during the QA and Testing process. If you terminate a project, the sandbox is not transferable to you, or to another company. 3rd Parties are not allowed access to the sandbox unless it’s specifically noted within the project scope.

Project Delays: Because keeping a site on a Jinn Digital LLC sandbox requires time and resources, if a project exceeds its timeline due to delays caused by a client or a 3rd party, Jinn Digital LLC reserves the right be charge a sandbox fee, of $200 per month, to keep a sandbox available. Your account manager will inform you if a delay will incur a sandbox fee.

 

PSD FILES

PSD Files of a project are property of Jinn Digital LLC until the project is 100% complete and any open payments are fully satisfied. Jinn Digital LLC holds PSD files for up to 30 days of project completion or site migration date. Past this time frame, Jinn Digital LLC may delete the files at it’s own discretion. If you need PSD files for your record please request them from your account manager once your project is completed and we’ll be happy to send them to you.

 

Compatibility

Although we endeavor to give each visitor the same website viewing experience, Jinn Digital LLC cannot guarantee all design elements or features will work with all browsers, especially older browsers that don’t support HTML5 or CSS3. Our sites look best in Internet Explorer 11+, Firefox 5+, Chrome 13.5+, Safari 5+. Each platform / technology has a list of supported browsers and we can only support the browsers the platforms support at the time of delivery. Even the browser company at times stops support of their own browsers and this cannot be controlled or the responsibility of Jinn Digital LLC.

 

Emergency Support

If your website needs emergency support, and if our team is available to assist, we’re happy to try to resolve your emergency issue as quickly as possible. Emergency support may require our team to stop other activities, or handle the issue outside of our normal office hours. Since we are not a 24/7 agency, and our support department does not work weekends/nights/holidays, support is optional and a premium service. Priority support is available at $200/hr during business hours (minimum 3 hours). Weekend, holiday or after hour support is billed at $250/hr (minimum 5 hours).

 

Approval of Project

On completion of the Project, the Client will be notified and have the opportunity to review it. The Client should advise Jinn Digital LLC of any unsatisfactory points within 7 days of receipt of such notification. Any of the Project which has not been reported to Jinn Digital LLC as unsatisfactory within the 7 day review period will be deemed to have been Initials approved. Once approved, or deemed approved, the contract will be considered completed and the remaining balance will become due. The Contract will remain in effect until all obligations have been completed or until Jinn Digital LLC has access for revisions and or changes, fixes.

 

Maintenance and Correction of Errors

Jinn Digital LLC takes no responsibility for the functionality or maintenance (unless regular maintenance/updates or ongoing search engine optimization are requested by Client as a separate service) of the Website after the project has been completed. Errors (both technical and typographical) attributable to Jinn Digital LLC will be corrected free of charge, but Jinn Digital LLC reserves the right to charge a reasonable fee for correction of errors for which Jinn Digital LLC is not responsible, including, but not limited to modification of the Website by a third party and typographical errors contained in materials provided to Jinn Digital LLC by the Client.

 

MEETINGS & COMMUNICATION

Meetings & Emails: There is a limited amount of time allocated for meetings & communication. While we understand the importance of communication for clarity and transparency, in order to keep us on track to meet deliverables & milestones, it’s key to manage phone and email communication and define expectations. In order to ensure efficiency, our designers & developers are only available via email communication. However, you can always schedule a call. Please consult your proposal for the length of communication time allocated to your project.

 

TESTING ENVIRONMENTS & GO LIVE

We always try to work on test servers / sandboxes in order to avoid interfering with the client’s live website and business. Most projects are completed on sandbox environments and thoroughly tested and approved before going live. Depending on your project’s scope and size, sometimes we must work on live environments. Most small projects are worked on live environments for budget and time constraint reasons.

If working on a live environment is not an option for you, please advise your account manager prior to signing this agreement so that we can add this to the scope of work and budget. As much as we try our best to be perfect, sometimes bugs take time to fix and require down time or workarounds. It is important to know that when implementing code on projects, there can be a small amount of downtime.

We typically try to correct these issues right away but at times, it can take us 24/48 hours to complete live implementations. Going live: When we go live with big projects, we do our very best to avoid any downtime or issues. We do our very best to complete implementations within 24/48 business hours from the Go live time. Errors may occur, but we do our very best to alleviate them in a timely manner. It’s important for the client to be available and patient while we insure a smooth Go Live experience.

 

TRAINING & INSTRUCTIONS

Platform Management Training: We DO NOT provide training to our clients for the use and management of any 3rd party system, including the ecommerce platform their site is built onto. Jinn Digital LLC only provides basic training or documentation for the use and management of the proprietary custom systems that Jinn Digital LLC designs and develops. You can always purchase additional training or document creation upon approval of your account manager. Training of 3rd party systems is supplied by the designated support centers of these 3rd party systems and is not the responsibility of Jinn Digital LLC.

Any 3rd party testing tool (Like W3C or Google Validators) are not supported by Jinn Digital LLC and are outside of scope as each tool uses a unique methodology to look at different factors that we have limited control over, as the platforms we work with may not support these standards. If you need special validation from a particular tool, this can be scoped and priced at an additional fee.

 

Contractors & Subcontractors

Jinn Digital LLC may engage other parties as Sub-Contractors to perform work as needed for different areas of expertise. Client consents and agrees that Jinn Digital LLC may engage contractors & or subcontractors to provide services as it deems necessary.

 

Copyrights and Trademarks

The Client represents to Jinn Digital LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished or approved to Jinn Digital LLC for inclusion in Web pages are owned by the Client, or that the Client has permission from the rightful Client or Source to use each of these elements, and will hold harmless, protect, and defend Jinn Digital LLC from any claim or suit arising from the use of such elements furnished or approved by the Client.

 

Copyright to Web Pages

Copyright to the finished assembled work of web pages and graphics produced by the Developer shall be vested with the Client upon final payment for the project. This is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project. Rights to photos, graphics, source code, work-up files, and computer programs not specifically designed or purchased on behalf of the Client, are specifically not transferred to the Client, and remain the property of their respective Clients. Jinn Digital LLC retains the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Jinn Digital LLC shall include the following copyright notice (or any other notices requested by the Client) to be displayed on each page of the Website that can be viewed by a user: “Copyright 2018 (your company name) all rights reserved.”

 

Inspiration Sites Copyright and Trademark

Jinn Digital LLC will use the example sites that clients provide us as inspiration to deliver final products which are as close to the sites that the clients are envisioning. However, Jinn Digital LLC will not directly copy the design of another company’s site.

Jinn Digital LLC’s priority is to protect ourselves, and our clients, against a trademark claim, and we reserve the right to refuse any design direction which we may interpret to be in violation of trademark law.

 

Confidentiality

Jinn Digital LLC will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Jinn Digital LLC, or divulge, disclose, or communicate in any manner any information that is proprietary to the Client (e.g., trade secrets, know-how and confidential information). Jinn Digital LLC will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.

 

Indemnification

Each party will defend, indemnify and hold harmless the other from and against any and all losses, suits, liabilities, damages and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising from any claim, action or proceeding (collectively “Claims”) brought by any third party arising out of or relating to the other’s breach of this Agreement or the Terms of Service or failure to comply with applicable law or clients use of their website. Each party will give the other prompt written notice of any such Claim and provide the indemnifying party reasonable assistance, at the indemnifying party’s expense, in the defense of the Claim. The indemnifying party shall have the right to assume primary control of the defense and settlement of the Claim, provided that the indemnified party may participate at its own cost and expense.

 

Limitation of Liability

IN NO EVENT SHALL Jinn Digital LLC BE LIABLE TO THE CLIENT OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR USE, RELATED TO THIS AGREEMENT, THE PERFORMANCE OF ANY SERVICES, IMPAIRMENT OF ASSETS, OR USE OF THE SERVICES, WHETHER IN AN ACTION IN CONTRACT, BREACH OF WARRANTY OR TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, and (ii) neither party’s liability arising out of this Agreement shall in any event exceed the fees paid and payable by Client to Jinn Digital LLC under this Agreement during the term or contract period immediately preceding first assertion of any claim, regardless of whether any action or claim is based in contract, misrepresentation, warranty, indemnity, negligence, strict liability or other tort or otherwise.

 

Governing Law

Governing Law. This Agreement shall be subject to and governed by the laws of the Commonwealth of Massachusetts and any action associated with this contract or work performed shall be subject to the exclusive jurisdiction of the Essex County Court of Common Pleas.

 

Legal Fees and Other Expenses

In the event that customer brings an action in law and/or equity against Jinn Digital LLC, the customer shall be responsible for all of Jinn Digital LLC’s legal expenses, attorneys fees and court costs in the event the customer does not prevail in its claim. In the event that Jinn Digital LLC has to bring an action against customer, and Jinn Digital LLC prevails, customer is responsible for all of Jinn Digital LLC’s legal expenses, attorneys fees and court cost.

 

Sole Agreement

The Agreement contained in this “Service Agreement” constitutes the sole Agreement between Jinn Digital LLC and the Client regarding the project outlined above. Any additional work not specified in this Agreement requires a separate Agreement. All prices specified in this Agreement will be honored for one (1) month after both parties sign this Agreement. Continued services after that time will require a new Agreement.

 

Default

In the event of any default of any material obligation by or owed by a party pursuant to this Agreement, then the other party may provide written notice of such default and if such default is not cured within ten (10) days of the written notice, then the non-defaulting party may terminate this Agreement and bring legal action.

By making a payment to Jinn Digital LLC, Client understands and agrees to these terms of service along with the proposal terms of service, conditions and stipulations of this Agreement on behalf of his or her organization or business. No signature is necessary. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Design & development

The development process entails the following steps. Some of the steps will be executed concurrently, although they are listed here sequentially.

 

Product & Data Migration/Import

Importing or migrating products, meta data, customer info, and performing 301 redirects is not included in our custom design package, unless specifically outlined in your scope of work. You can get started on data import while we are designing and developing your site on the test server, so that by the time we are finished, your store is set up with products, shipping details, the payment gateway, and anything else that needs to be set up that isn’t being performed by Jinn Digital LLC.

 

Imagery

The images to be be used on the site shall be sourced from various websites or provided by the client with client approval used as placeholders only. This will include royalty free images, sourced images or purchased images (client supplied), depending on the nature of the images and requirements. Images will be worked upon if required to make them compliant for the web. Every image will be treated differently in this conversion process and will be ideally a PNG / GIF / JPEG format. Images we find or source should be considered placeholders.

 

Mock-up / visual

This step includes the generation of a custom mock-up/visual that we create using Photoshop based on the content of the web design questionnaire, graphic design options are presented to the client for approval. Creation of artwork for banners, icons, page design, Creation of home page, Creation of category page, Creation of product page, All design according to client / Jinn Digital LLC agreement.

Note: Actual live template may vary slightly from artwork or mock-up, which is for preview only. This means that some small details may vary when converting graphics to html during the development process. We will however do our best to replicate the mockup/visual the client approved on the actual website. Note: When we redesign a website or theme, if the client requests that the design include larger thumbnails for products, the images on the client’s current server must be made larger to work with the new theme. Unless specified in the scope of work, it is the client’s responsibility to resize all product images. Otherwise, the images will appear blurry on the new theme/template.

Jinn Digital LLC is not responsible for product descriptions, images or any copy unless specifically noted within the scope of work in the agreement.

 

Development phase

The various activities in the Production / Creation of the website are given below:

  • Custom coding of the chosen and approved mock-up
  • Integration: Integration of the developed work (graphics and software)
  • check the quality of all functionalities and links. We will perform browser and mobile tests.

 

The developed website will be delivered via the designated server or platform either by using FTP or manual process. It is the client’s responsibility to backup the client’s current files or system. If the client needs us to do this, we must be made aware prior to launch. We are not responsible for current code, design, or older files.

 

TECHNICAL PROCESS

The steps involved in conversion or creation of the website are described below.

 

Step 1: Graphics Design / GUI

Jinn Digital LLC will provide, and requests that the client fill out, the Web Design Questionnaire. This enables us to ascertain what the client envisions for the look and feel of the website. Jinn Digital LLC will then provide a design layout based on the content entered into the Web Design Questionnaire (as well as mutual discussions) to the client for approval.

 

Step 2: Creation of HTML

Our team of software programmers, working with our graphics team, will then work on the finalized layout to perform the following activities:
2.1 Crop the .PSD design.
2.2 Generate HTML
2.3 Generate web images

 

Step 3: Creation of CSS

While the HTML is being created, a team of software engineers will create the CSS. The CSS created are tested on all the specified browsers and platforms.

 

Step 4: Web Programming

A team of programmers will program the functionality requirements.

Any 3rd party testing tool (Like W3C or Google Validators) are not supported by Jinn Digital LLC and are outside of scope as each tool uses a unique methodology to look at different factors that we have limited control over, as the platforms we work with may not support these standards. If you need special validation from a particular tool, this can be scoped and priced at an additional fee.

 

GRAPHIC DEVELOPMENT PROCESS

Step 1: Collection and use of images

The images to be be used on the site shall be sourced from various websites or provided by the client with client approval used as placeholders only. This will include royalty free images, sourced images or purchased images (client supplied), depending on the nature of the images and requirements. Images will be worked upon if required to make them compliant for the web. Every image will be treated differently in this conversion process and will be ideally a PNG / GIF / JPEG format. Images we find or source should be considered placeholders.

 

Step 2: Graphics Creation

(All Images need to be provided by client unless Jinn Digital LLC are commissioned to perform photography services)

We can use the temporary images for the mockup/visual if the client has not yet provided them, but all the images for the website will be provided by client. If needed, we will find images from stock photography websites, but these will have a separate charge that will be added to the final bill. Image & Graphic Copyrights The client guarantee us that any elements of text, graphics, photos, designs, trademarks, or other artwork that the client provides us for inclusion in the web site are either owned by the client themselves, or that the client has permission to use them. When we receive the client’s final payment, copyright is automatically assigned as follows:

The client owns the graphics and other visual elements that we create for them for this project. We will give the client a copy of all files, and the client should store them safely as we are not required to keep them or provide any native source files that we used in making them. The client also owns text content, photographs and other data the client provided, unless someone else owns them.

We own the XHTML markup, CSS and other code and we license it to the client for use on only this project.

Refund policy

Jinn Digital LLC does not offer refunds for any projects. If there is a change to a project after the scope of work has been finalized, we can credit the amount of time that was removed towards future work with Jinn Digital LLC. However, the cost of other tasks may increase because we often give bulk rates for bulk work, we may not be able to give full credit for excised pieces of a proposal. We do not offer refunds or project cancellations.

If a project is cancelled or abandoned, the client remains responsible for any outstanding payments which are due to Jinn Digital LLC.

Privacy policy

At Jinn Digital LLC, the privacy and confidentiality of user information is important. We are committed to maintaining the privacy and security of your user information. We may update this privacy policy from time to time, so please check here frequently. Jinn Digital LLC will not disclose identifiable user information to any third party without consent.

Jinn Digital LLC is committed to safeguarding your privacy while visiting the this website, namely, https://jinndigital.com, (hereinafter all identified URLs are collectively referred to as the “Site”). Our goal is to provide you with an Internet experience that delivers the information, resources and services that are most relevant to you. To achieve this goal, part of the operation of the site includes the gathering of certain types of information about site users. Because we understand that your privacy is important, we wish to explain the types of information we gather and the way in which we use it. This Privacy Policy applies to the Site.

This Privacy Policy covers two types of information gathered at the Site, personal and aggregated. The term “personal information” refers to data you voluntarily provide in connection with use of the site that identifies you and/or the company on whose behalf you are accessing and using the site. Personal information includes, e.g., data submitted in connection with our services, such as your name, e-mail address, phone number, company affiliation, physical address and/or certain other personal information. The term “aggregated data” refers to general information regarding visitors and users of the site that relates to use of the website, e.g., traffic patterns, number of visits to certain pages, visits from other web sites or to third-party web sites linked to the website, use of particular services and interest in services, information or features of the site or other parties made available through or found at the site.

 

What Information is Collected About You?

We take the utmost care to ensure that the personal information we obtain from you is not used in a way that you may be unaware of or not agreeable to. You may wish to submit an information request about Jinn Digital LLC, participate in one of our promotions or subscribe to our e-mail or postal mail lists. In response, we may ask for information such as your name and postal address. In the event you opt to provide us with this information, we will only use it for the purpose specified by you at the bottom of the information gathering form.

 

Information Collected on the Site May Be Used To:
  • Enter your email in automated marketing and email campaigns
  • Send marketing communications or surveys to you
  • Respond to your questions or suggestions
  • Improve the quality of your visit to our site

All forms will provide an opt-out button to allow you to choose not to participate in newsletter lists and future online marketing. In deciding whether or not to join such lists, please note that they are only used at Jinn Digital LLC for purposes or in joint promotions with a partner. We do not sell, rent or share any of your personal information with any other party including any third-party joint promoters, nor use it for unapproved commercial purposes. You may request to be removed from our lists at any time. All emails distributed to our lists will contain easy, online access to unsubscribe.

 

Permission for Use

Jinn Digital LLC may collect and use personal information that you submit at the Site in any manner that is consistent with uses stated in this Privacy Policy or disclosed elsewhere at the Site at the point you submit such personal information. At the time you submit personal information or make a request, the intended use of the information you submit will be apparent in the context in which you submit it and/or because the Site states the intended purpose. By submitting personal information at the Site, you are giving your consent and permission for any use that is consistent with uses stated in this Privacy Policy or disclosed elsewhere at the Site at the point you submit such personal information, and such consent will be presumed by Jinn Digital LLC, unless you state otherwise at the time you submit the personal information. Please do not request any such communications on behalf of an individual or company if you are not authorized to make the request.

 

Withdrawing Consent to Use

If, after permitting use of your personal information, you later decide that you no longer want Jinn Digital LLC to include you on its mailing list or otherwise contact you or use your personal information in the manner disclosed in this Privacy Policy or at the Site, simply tell us by sending an e-mail, or by clicking on the “unsubscribe” button at the bottom of our email communication to you.

 

Use of Aggregated Data

Jinn Digital LLC is interested in improving the Site and may develop and offer new features and services. We monitor aggregated data regarding use of the Site for marketing purposes and to study, improve and promote use of the Site. In connection with such purposes, the Agency may share aggregated data with third parties collectively and in an anonymous way. Disclosure of aggregated data does not reveal personal information about individual Site users in any way that identifies who they are or how to contact them.

 

Jinn Digital LLC has two exceptions to that limits the use of personal information:

Jinn Digital LLC may monitor and, when we believe in good faith that disclosure is required, disclose information to protect the security, property, assets and/or rights of Agency from unauthorized use, or misuse, of the Site or anything found at the Site.

Jinn Digital LLC may disclose information when required by law; however, only to the extent necessary and in a manner that seeks to maintain the privacy of the individual.

To enable features at the Site, Jinn Digital LLC may assign one or more “cookies” to your Internet browser. Cookies, among other things, speed navigation through our Site, keep track of information so that you do not have to re-enter it each time you visit our Site, and may provide you with customized content. A cookie is an Internet mechanism composed of a small text file containing a unique identification number that permits a web server to send small pieces of information or text by means of your browser and place them on your computer’s hard drive for storage. This text lets the web server know if you have previously visited the web page. Cookies by themselves cannot be used to find out the identity of any user.

We use cookies to collect and maintain aggregated data (such as the number of visitors) to help us see which areas are most popular with our users and improve and update the content on our site. While in the process of browsing our site, you also provide us with information that doesn’t reveal your personal identity — what type of destination you’re exploring, for example. We use this aggregated data only as explained in this Privacy Policy. We do not connect aggregated data to any name, address, or other identifying information.

You may occasionally receive cookies from unaffiliated companies or organizations, to the extent they place advertising on our Site or are linked to the Site. These third-party cookies may collect information about you when you ”click” on their advertising or content or link. This practice is standard in the Internet industry. Because of the way in which the Internet operates, we cannot control a collection of this information by these third parties, and these cookies are not subject to this Privacy Policy.

 

Protecting your information

We would like our Site visitors to feel confident about using the Site, so Jinn Digital LLC is committed to protecting the information we collect. Jinn Digital LLC has implemented a security program with its web design and maintenance firm to keep information that is stored in our systems protected from unauthorized access. Our Site is hosted in a secure environment. The Site servers/systems are configured with data encryption, or scrambling, technologies, and industry-standard firewalls.

 

Children’s Privacy & Parental Consent

Please be aware that Jinn Digital LLC has not designed this site for, and does not intend for it to be used by, anyone under age 18. Accordingly, this website should not be used by anyone under age 18. Our privacy policy prohibits us from accepting users who are under the age of 18. Jinn Digital LLC specifically requests that persons under the age of 18 not use this site or submit or post information to the site. Should Jinn Digital LLC inadvertently acquire personal information or other data from users under the age of 18, we will not knowingly provide this data to any third party for any purpose whatsoever, and any subsequent disclosure would be due to the fact the user under age 18 used the site and submitted personal information without solicitation by or permission from Jinn Digital LLC.

 

Links Provided to Other Sites

Jinn Digital LLC may provide links to a number of other websites that we believe might offer you useful information and services. However, those sites may not follow the same privacy policies as us. Therefore, we are not responsible for the privacy policies or the actions of any third parties, including without limitation, any web site owners whose sites may be reached through this Site, nor can we control the activities of those websites. We urge you to contact the relevant parties controlling these sites or accessing their on-line policies for the relevant information about their data collection practices before submitting any personal information or other sensitive data.

 

Your Consent to this Privacy Policy

Use of the Site signifies your consent, as well as the consent of the company for whom you use the Site and whose information you submit (if any), to this on-line Privacy Policy, including the collection and use of information by Jinn Digital LLC, as described in this statement, and also signifies agreement to the terms of use for the Site. Continued access and use of the Site without acceptance of the terms of this Privacy Policy relieves Jinn Digital LLC from responsibility to the user.

 

Policy Modifications & Contacting Agency

Jinn Digital LLC reserves the right to change this Privacy Policy at any time; notice of changes will be published on this page. Changes will always be prospective, not retroactive.