TERMS

LEGAL CLAIM NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW.

PROOF APPROVAL

After every design or copy alteration a client will receive a proof for approval. Each round of client's edits/comments is forwarded to design (or writers) and is considered one round of revisions. Additional comment submissions are considered further revisions and will be deducted from revision total. Revision requests must be submitted via writing in The Jonas Music Services TM LLC online proofing webpage. Proof revisions will not be accepted by phone or e-mail.

After a client approves the final proof, Jonas Music Services TM LLC is NOT LIABLE for errors in a final product caused by any of the following: Misspelling, Graphics, Grammar, Punctuation, Incorrect Dates, Copy Information Omissions or Errors, Graphic design style, font size, color selections or any other visual or copy content.

By approving the final project proof you, the client, verify that spelling and content are correct and that you are satisfied with the project. You understand that your document will print, be visible on the web or be reproduced in print EXACTLY as it appears in your proof, that you cannot make any changes to an order once placed, and that you assume all responsibility for typographical, content and layout errors. If your project is printed elsewhere we are not responsible for print quality.

If you do request that changes be made to your proof after approval and before publication, print or upload, additional fees and production time will apply.

CLIENT CONTENT

Client agrees to provide the materials requested by Jonas Music Services including high resolution (1500 x 2100 pixel, 300 dpi) digital photography jpeg files, copy, fully completed questionnaires and other materials Jonas Music Services TM LLC requires in order to complete project(s). If client is unable or unwilling to provide work materials to Jonas Music Services TM LLC we have the right to refuse project(s).

You agree that you have obtained the requisite copyright permission from the photographer(s)/artist(s) /designer(s)/writer(s) to reproduce materials that you supply to Jonas Music Services TM LLC. Jonas Music Services TM LLC shall not be liable for any copyright infringement for graphics or copy you provide to us.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

You acknowledge that Jonas Music Services TM LLC has the right (but not the responsibility) to remove any content that violates the terms of service or may otherwise be objectionable, indecent, threatening, treasonous, resistant to any law of the United States, defamatory, or that infringes the intellectual property rights of another. You also agree that Jonas Music Services TM LLC may disclose content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary in order to comply with legal process.

INACTIVE PROJECTS

All projects will be considered inactive until client provides payment, high resolution (1500 x 2100 pixel, 300 dpi) digital photography jpeg files, copy, fully completed questionnaires and other materials that Jonas Music Services TM LLC requires in order to complete the project(s).

Inactive projects due to proof inactivity (proof is issued but client does not respond) or pending materials (necessary materials requested by Jonas Music Services to complete project are not forwarded by client) will:

A – be subject to revised production schedules as determined by Jonas Music Services when we do not hear back from the client within 7 weeks (35 days) on a proof or required materials. Because our team regulary accepts new projects, delays on the part of the client may cause numerous project deadlines to collide. As a result, we reserve the right to revise production schedules for projects inactive for 35 days or more.

B - incur a $50 reactivation fee when inactive for three (3) months or more.

C -When projects are inactive for 4 months or more (proof is issued but client does not respond OR necessary materials requested by Jonas Music Services to complete project are not forwarded by client) Jonas Music Services reserves the right to either (a) cancel the project or (b) amend pricing schedule to reflect current production costs, whichever the client prefers. If a project is cancelled, Jonas Music Services would refund to the client any unused fees after payment for work-completed-to-date is deducted. No refunds for completed work will be issued on inactive projects.

If a website project includes data entry work by Jonas Music Services and is inactive for more than six (6) months pending content for data entry, Jonas Music Services® reserves the right to release the website control panel (content management system or ADMIN) passwords to the client so that THEY may complete data entry at their leisure, with no data entry refund issued. A hosting fee would then apply. At that point Jonas Music Services® would collect an additional fee for any data entry work required by the client. If a website project includes data entry work to be completed by the client, Jonas Music Services will allow the client 30 days of free hosting after the date when the site is complete and control panel passwords are provided. During this time the client may upload their content themselves. After those 30 days hosting will apply even if the clients uploads are inactive and even if the site has not gone live pending their uploads.

LIMITATION OF LIABILITY

In no event shall Jonas Music Services TM LLC or its affiliates, vendors, officers, directors, employees, or free-lance agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages resulting from loss of use, data or profits, arising out of or in connection with the use or performance of the web site or of failure to provide services that you order from Jonas Music Services TM LLC, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Jonas Music Services TM LLC be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.

PROJECT INCLUSION

The quote or invoice you receive outlines the products and services included in your project(s). Project descriptions explain the products/services Jonas Music Services TM LLC provides. Should your project require additional services not expressly included in your package invoice additional fees WILL apply. These excluded services include but are not limited to: rush service, data entry work, additional rounds of graphic design, additional rounds of copy editing or proof reading, photo scanning, photo color correction, photo editing, photo special effects, photo re-sampling (for low resolution files), photo retouching, audio mastering, audio editing, logo creation, logo editing, and logo re-illustration, video editing, video file conversion, art releases and marketing consulting not directly related to your product or service such as brand strategy, advertising strategy, search engine optimization, general marketing advice, or technology consulting services relating to media file preparation, domain strategy, e-mail, basic computer use, etc. Additionally, changes to the initial project specifications (contained in client project questionnaire or invoice) or to project as discussed in your consult (if applicable to your project) will require additional production time and fees. Please note that art releases (high resolution flattened jpeg or png design files) are never included in project outlines but MAY be available at Jonas Music Services discretion and will incur a nominal fee covering time required to prep art, export files, post on server, and provide client access. This fee may vary from $25 upwards depending on the nature of the file preparation and release, to be determined by Jonas Music Services. For websites we will ALWAYS provide flat, web-prepared, low-res,cut, website image files (png, jpg or gif), coded HTML pages and CSS upon request. Because we retain Derivative Rights, raw design file releases (layered designer photoshop files that are NOT flattened, and the like) are never included in project outlines for websites or other projects and are negotiable on a project-by-project basis only. We reserve the right not to release raw design files if an agreement acceptable to Jonas Music Services is not reached. Jonas Music Services® retains all rights not expressly granted to our clients. Fonts are not included in releases as Jonas Music Services does NOT own copyrights on font files.

COLOR PROOFING, COLOR MATCHING, FOLDS

To make projects affordable, Jonas Music Services TM LLC uses Gang-run printing. This is when different customer jobs are combined on a large print sheet, and run at the same time. This process allows us to spread the expensive initial setup cost among multiple customers. Jonas Music Services TM LLC will try its best to match the gradient density of each color, however, Jonas Music Services TM is not liable for the variations among color hues. To keep production costs low our print division uses automated folding rather than hand folding. We take extreme care to match folds, however, slight variations may occur during folding.

PAYMENT POLICIES

LATE PAYMENT POLICY: If we have not received your payment in our office by the contracted date, we will send you an e-mail reminder and call the phone number associated with your account. If we still have not received your payment within 5 business days a $45 late charge will apply. The purpose is to defray the costs associated with collecting late payments. We will also add a 3% late fee payment fee to your next monthly invoice. This 3% will accrue monthly. After a missed payment we reserve the right to cancel your account with us and delete any and all associated files from our servers at any point.

CREDIT CARD PAYMENT DECLINED: If you have given us your credit card information, so that we can automatically charge your credit card for your monthly billing, and if your credit card is declined for payment, we will send you an e-mail notice with a paylink so you can convert your payment plan to a new card. We will also call the phone number associated with your account. If we still have not received your payment within 5 business days a $45 late charge will apply. The purpose is to defray the costs associated with collecting late payments. We will also add a 3% late fee payment fee to your next monthly invoice. This 3% will accrue monthly. After a missed payment we reserve the right to cancel your account with us and delete any and all associated files from our servers at any point. If a payment is declined and we continue project work we do have the right to require future payments be made by bank check rather than credit card.

BOUNCED CHECKS: If a check is returned to Jonas Music Services due to insufficient funds, a $20 check fee will apply. A $45 late charge may apply as well. The purpose is to defray the costs associated with collecting late payments. We will also add a 3% late fee payment fee to your next monthly invoice if the payment is not made successfully in 5 business days. This 3% will accrue monthly. After a missed payment we reserve the right to cancel your account with us and delete any and all associated files from our servers at any point. If check(s) have bounced previously and we continue project work we do have the right to require future payments be made by bank check rather than personal check.

RENEGOTIATING PAYMENT SCHEDULES: If you contact us and ask us to renegotiate your payment schedule, cancel an upcoming automated payment cycle and/or reschedule future automated credit card cycles this MAY be done ONLY at the discretion of Jonas Music Services®. Jonas Music Services®. reserves the right to uphold any and all payment schedules previously agreed upon with client in writing and reserve the right at any time to refuse renegotiating payment plan(s) . If a payment is rescheduled a $75 fee will apply. The purpose is to defray the costs associated with canceling automated payment cycles, requisite paperwork, and creating new account paylinks. A Payment Reschedule Contract must be signed and returned to Jonas Music Services®. prior to any amended payment schedules taking place. If a payment is declined and we continue project work we do have the right to require future payments be made by bank check rather than credit card.

NON-PAYMENT: If you refuse to pay us, or do not respond to our e-mails or calls, we will make every effort to collect the debt. As a reminder, you have agreed that all costs we incur associated with collecting debts, including attorneys' fees and court costs, will be paid by you. Jonas Music Services®. may, at its sole option, without prejudice to any other remedies available at law or equity, suspend its performance hereunder and/or immediately terminate a client’s work agreement, should client become delinquent in the payment of any invoice from Jonas Music Services®. Client shall reimburse Jonas Music Services® for its costs and expenses (including attorneys’ fees, court costs and arbitrators’ fees) incurred in seeking to collect any amounts due under a signed agreement with a client.

PAYMENT PLAN POLICY: Jonas Music Services® is pleased to offer flexible payment plans to organizations with established business credit. Jonas Music Services® reserves the right to require a Business Credit Application form prior to approving a payment plan.

ORDER CANCELLATION

You may cancel your order prior to the final approval process. To do so, call 1-800-897-1774. Our Customer Service Team will inform you of any cancellation charges depending on the stage of your order. Written notice will also be required 7 business days prior to order cancellation.

If your project is canceled any applicable labor charges (marketing analysis, marketing consult, writing fees, graphics design, proof, etc.) or administrative fees (credit cards fees, etc.) will be deducted from your refund.

RETURNS AND REFUNDS

You must notify Jonas Music Services TM LLC within 6 business days of order acceptance to report defects. In order to receive replacement Customer must return 100% of the received product within 15 days (at their own expense) from the time when the ordered product delivery was taken.

All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason.

Should you (client) and Jonas Music Services TM LLC be unable to reach resolution concerning a complaint, project proposal, amended invoice or service provided, Jonas Music Services TM LLC has the right (but not the responsibility) to offer the client a full refund. Jonas Music Services TM LLC would thereby retain full copyright on any design work completed to date. As a work of authorship any project proofs and other creative designs would likewise have full copyright owenership solely by Jonas Music Services TM LLC.

HOSTING: ePressKitz, ReviseMySite and GigMailz

Hosting on any of our monthly hosting plans (ePressKitz.com, ReviseMySite, or GigMailz) give the client online access to editable regions of their Presskit, Website or eNewsletters. Each of these content management plans is proprietary and owned by Jonas Music Services exclusively. Upon hosting cancellation, access to this proprietary CMS is ceased. In the case of custom websites should a client wish to cease hosting with Jonas Music Services HTML files and images as well as CSS files will be issued to client at no extra charge. The ReviseMySite system would not be released to the client. Please note that all DHTL, javascript, shopping carts, or flash galleries that are tied to admin/CMS will not transfer to client unless they are built specifically for client and client owns these scripts outright. All server content would need to be reintegrated by the new web developer.

CHARGEBACK POLICY

Should a chargeback be issued by accident or on purpose, Jonas Music Services® will attempt to resolve the situation with you. If the chargeback is still processed the account will be deactivated along with any products/services associated with the chargeback.

If the chargeback has not been completed: To have your Jonas Music Services® account and products/services be activated or reactivated we require:

(1) Chargeback to be resolved and stopped.

(2) A $55 chargeback fee

If the chargeback has been completed: To have your Jonas Music Services® account and products/services be activated reactivated we require:

(1) Repayment of all funds that were charged back.

(2) An $85 chargeback fee

If no action is taken by you to resolve the chargeback against Jonas Music Services®:

(1) All products will remain deactivated

(2) Your Jonas Music Services account will be terminated

(3) You will be unable to purchase from Jonas Music Services® or any of our company divisions in the future

PROJECT SHIPPING AND DELIVERY

Jonas Music Services TM LLC works diligently to ensure that production difficulties do not delay delivery schedules. In no case shall Jonas Music Services TM LLC be liable for any consequential or damages resulting from shipment, mailing or delivery delay.

You agree not to hold Jonas Music Services TM LLC liable for project, mailing or delivery delays caused by inclement weather, shipping or mailing company delays, or other circumstances beyond Jonas Music Services' direct control. Jonas Music Services' shipment, mailing and delivery dates are calculated based upon estimates provided by our suppliers.

Jonas Music Services TM LLC will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the project process. In case of delay caused by technical difficulty, rush charges/fees (paid in addition to basic project pricing expressely for expedited service) will be refunded or waived where applicable.

SHIPPING ERRORS & LOST PACKAGES

Jonas Music Services TM LLC is not responsible for 3rd party shipping errors, omissions or damaged shipments.

CUSTOMER SUPPLIED INCORRECT ADDRESS

When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Jonas Music Services TM LLC will reship the returned package with corrected address and charge an additional shipping fee for the shipment.

CHOICE OF LAW

All agree that New York State Law shall govern this agreement.

ARBITRATION

All disputes arising under this Agreement shall be submitted to mutually agreed-upon binding arbitration in Ulster County, New York and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $500 shall not be subject to this arbitration provision

COPYRIGHTS:

Unless specifically stated Jonas Music Services® LLC does not “work for hire”. Copyright to the finished work produced by Jonas Music Services TM LLC is owned exclusively by Jonas Music Services TM LLC unless specifically negotiated in writing at project onset. Upon final payment of contract, the client is assigned rights to use (like a photographer sells a photo but not a negative). Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Jonas Music Services TM LLC and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Jonas Music Services TM LLC and Designer retain the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs we create in our design portfolio and website and third party trade publications or exhibits, solely for the purpose of promoting or exemplifying the creative work of Jonas Music Services TM LLC, and the right to be credited with copyright ownership and authorship of the designs in connection with such use. Under U.S. Copyright law, Jonas Music Services TM LLC retains nonexclusive copyright in and to the preliminary works and the final design.

Please note that art releases (high resolution flattened jpeg or png design files) are never included in project outlines but MAY be available at Jonas Music Services discretion and will incur a nominal fee covering time required to prep art, export files, post on server, and provide client access. This fee may vary from $25 upwards depending on the nature of the file preparation and release, to be determined by Jonas Music Services. For websites we will ALWAYS provide flat, web-prepared, low-res,cut, website image files (png, jpg or gif), coded HTML pages and CSS upon request.. Because we retain Derivative Rights, raw design file releases (layered designer photoshop files that are NOT flattened, and the like) are never included in project outlines for websites or other projects and are negotiable on a project-by-project basis only. We reserve the right not to release raw design files if an agreement acceptable to Jonas Music Services is not reached. Jonas Music Services® retain all rights not expressly granted to our clients. Fonts are not included in releases as Jonas Music Services does NOT own copyrights on fonts.

PORTFOLIO RIGHTS:

Jonas Music Services TM LLC and Designer retain the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs we create in our design portfolio and website and third party trade publications or exhibits, solely for the purpose of promoting or exemplifying the creative work of Jonas Music Services TM LLC, and the right to be credited with copyright ownership and authorship of the designs in connection with such use. Under U.S. Copyright law, Jonas Music Services TM LLC retains nonexclusive copyright in and to the preliminary works and the final design.

We reserve the right to refuse service without disclosing a reason.