Legal
Website Services and Subscription Agreement
Effective Date: Date of successful subscription checkout
This Website Services and Subscription Agreement ("Agreement") is between Jabflow LLC ("Jabflow," "we," "us," or "our"), a Utah limited liability company, and the customer identified in the billing and account details submitted during the subscription checkout process ("Customer," "you," or "your").
By completing checkout and purchasing the subscription, Customer agrees to the following terms.
1. Services Provided
Jabflow provides website hosting and related website management services for small businesses.
The monthly subscription includes:
- Website hosting: Hosting of Customer's website on Jabflow's hosting infrastructure.
- Technical upkeep: Routine maintenance of the hosted website and its underlying configuration, including reasonable efforts to address technical issues.
- Minor content edits: Reasonable, minor updates to existing website content, such as text, business hours, contact information, service descriptions, and image replacements.
- Domain management: Registration and management of one standard, mutually agreed custom domain, subject to availability and the terms of Section 4.
- Technical support: Reasonable assistance with issues related to the hosted website and included services.
Services are limited to the existing website and its established functionality. Unless separately agreed in writing, the subscription does not include a full website redesign, extensive new pages, custom application development, paid advertising, search-engine ranking guarantees, professional photography, copywriting projects, third-party software subscriptions, or extensive content migrations.
Jabflow will discuss work outside the included scope with Customer and obtain approval before charging additional fees.
2. Subscription Price and Billing
Monthly subscription price: $40.00 USD.
There is no setup fee or separate standard domain registration fee under this Agreement. The recurring subscription is the only standard fee payable to Jabflow for the included services.
Customer authorizes Jabflow to collect payment through Stripe or another payment processor expressly identified by Jabflow. Customer will provide a valid payment method and authorizes recurring charges of $40.00 per month, plus any applicable taxes disclosed at checkout.
Billing begins when Customer completes subscription checkout and the initial payment succeeds. The subscription renews monthly until canceled under Section 3. The billing date is determined by the subscription schedule established by the payment processor.
Any additional services or fees must be disclosed to Customer and approved in writing before being charged. Jabflow will not charge for optional services that Customer has not authorized.
Jabflow will provide access to available billing records and payment-management tools through the payment processor where supported.
3. Cancellation and Renewal
Customer may cancel the subscription at any time. There is no minimum subscription term and no cancellation penalty.
Customer may cancel through the available Stripe billing portal or by contacting Jabflow at brennon@jabflow.com or jake@jabflow.com. If Customer contacts Jabflow to cancel, Jabflow will acknowledge the request and confirm the effective cancellation date.
Unless otherwise required by law or expressly agreed in writing, cancellation takes effect at the end of the current paid billing period. Customer may continue using the included services until that date. Monthly subscription fees are not prorated or refunded for partial billing periods, except where required by law or where Jabflow agrees otherwise in writing.
After cancellation becomes effective, Jabflow may discontinue hosting and other subscription services, subject to the transition provisions in Section 4.
The subscription renews automatically each month until canceled. Jabflow will provide clear notice of the recurring price and cancellation method before Customer subscribes and will provide any renewal notices required by applicable law.
4. Custom Domain Registration, Renewal, and Transfer
4.1 Registration and management
Jabflow will register and manage one standard custom domain agreed upon with Customer, subject to availability and registrar approval. The standard domain registration and renewal costs are included in the $40 monthly subscription while the subscription remains active.
Premium domains, unusually expensive registrations, special domain extensions, and other exceptional registration costs are excluded unless Customer approves the additional cost in writing before purchase.
Jabflow will not purchase a domain until Customer has signed this Agreement and the initial subscription payment has succeeded.
4.2 Domain rights
Jabflow may maintain the domain within an account controlled by Jabflow or its domain registrar for operational and security purposes. Jabflow will manage the domain for Customer's website during the subscription.
Customer is entitled to request transfer of the agreed domain upon cancellation, subject to payment of undisputed outstanding amounts and applicable registrar requirements. Jabflow will reasonably cooperate with the transfer and will not unreasonably withhold or delay it.
Customer must provide accurate information reasonably required to complete the transfer. Domain transfers may be subject to registrar restrictions, verification procedures, transfer locks, and processing times outside Jabflow's control.
Jabflow will not guarantee that a transfer can be completed immediately or while a registrar restriction applies. If a restriction prevents transfer, Jabflow will explain the issue and reasonably cooperate once the restriction can be resolved.
4.3 Cancellation and domain renewal
Following cancellation, Customer is responsible for the domain's future renewal costs after the domain is transferred to Customer or Customer's designated registrar. Jabflow will not charge a separate Jabflow domain-transfer fee under this Agreement, although third-party registrar fees may apply if disclosed to Customer before the transfer.
Customer should request a transfer sufficiently in advance of the domain's expiration date. If Customer does not request a transfer, respond to reasonable transfer communications, or provide the information required to complete a transfer, Jabflow may continue managing the domain for a reasonable transition period.
Jabflow will make reasonable efforts to notify Customer of an approaching domain expiration and obtain instructions before allowing a domain to expire. Jabflow is not responsible for expiration caused by Customer's failure to respond or provide necessary information after reasonable notice.
Jabflow will not intentionally sell, transfer to an unrelated party, or use Customer's business domain for its own unrelated purposes. If Customer does not complete a requested transfer, Jabflow will make reasonable efforts to resolve the issue with Customer before taking action that could result in the loss of the domain.
4.4 Domain availability and third parties
Domain registration is subject to availability and the terms of the applicable registrar and domain registry. Jabflow cannot guarantee the availability of a particular domain until registration is completed.
Jabflow is not responsible for registry or registrar decisions, domain disputes, suspension by a registry, or transfer restrictions imposed by third parties, except to the extent caused by Jabflow's own breach of this Agreement or applicable law.
5. Customer Responsibilities
Customer agrees to:
- Provide accurate business information, contact details, and instructions needed to build and maintain the website.
- Review and approve website content and identify errors or requested corrections promptly.
- Ensure that Customer has the necessary rights and permissions to use all text, logos, photographs, trademarks, videos, and other materials supplied to Jabflow.
- Ensure that the website's business claims, pricing, service descriptions, promotions, and other statements are accurate and lawful.
- Use the website and services for lawful business purposes and not to distribute malware, conduct fraud, infringe intellectual property rights, or engage in unlawful activity.
- Maintain access to the business email address and payment method associated with the subscription.
- Respond reasonably promptly to requests for information necessary to maintain the website, manage the domain, or complete a transfer.
Customer remains responsible for its business operations, products, services, professional licensing, customer relationships, and compliance with laws applicable to its business.
6. Website Content and Intellectual Property
6.1 Customer materials
Customer retains ownership of materials it provides to Jabflow, including Customer's logos, photographs, trademarks, business descriptions, and other pre-existing content, subject to any third-party rights.
Customer grants Jabflow a limited, non-exclusive license to use, reproduce, modify as reasonably necessary, display, and host those materials solely to provide the services under this Agreement.
Customer represents that it has the rights necessary to grant this license.
6.2 Website design and Jabflow technology
Jabflow retains ownership of its pre-existing software, code, templates, components, design systems, tools, processes, infrastructure, and general know-how.
Subject to third-party licenses and Customer's rights in its own materials, the website is provided as a hosted service for Customer's use during the active subscription.
The subscription does not transfer ownership of Jabflow's underlying software, source code, reusable templates, hosting infrastructure, or proprietary tools to Customer.
Unless separately agreed in writing, Customer does not receive a right to download or self-host Jabflow's underlying application or source code upon cancellation.
6.3 Customer use after cancellation
Upon cancellation, Customer may request the return or transfer of Customer-owned materials reasonably available to Jabflow, together with the domain transfer described in Section 4.
Jabflow may retain its own software, reusable components, templates, and general technical know-how. Any requested migration, redesign, source-code delivery, or reconstruction of the website is outside the included subscription and requires a separate written agreement.
Jabflow will not intentionally use Customer's confidential business materials to build a competing website for an unrelated customer.
7. Third-Party Services and Availability
Jabflow may rely on third-party providers for hosting, domain registration, DNS, security certificates, email delivery, form processing, analytics, or other website functionality.
Third-party providers may experience outages, change their terms, discontinue features, or impose technical limitations. Jabflow will make reasonable efforts to maintain the included services and address issues within its control.
Jabflow does not guarantee uninterrupted or error-free operation, specific uptime, search-engine rankings, traffic, sales, lead volume, customer conversions, or business results.
Jabflow may perform maintenance, updates, or security work that temporarily affects website availability. Where reasonably practicable, Jabflow will provide advance notice of material planned interruptions.
If a third-party service becomes unavailable or materially changes, Jabflow may implement a reasonable alternative or discuss any material change in included services with Customer.
8. Payments, Failed Payments, and Suspension
If a subscription payment fails, Jabflow or its payment processor may notify Customer and request an updated payment method.
Customer will have 10 calendar days after the failed-payment notice to resolve the failed payment. If the payment remains unpaid after that period, Jabflow may suspend the website or affected services after providing reasonable notice.
Jabflow may suspend services sooner if reasonably necessary to address a material security threat, unlawful activity, abuse, or a risk to Jabflow's systems or other customers. Where practicable, Jabflow will notify Customer and allow an opportunity to remedy the issue.
Suspension does not automatically cancel the subscription or waive unpaid amounts. Customer remains responsible for charges incurred before cancellation takes effect.
Once the payment issue or other grounds for suspension are resolved, Jabflow will make reasonable efforts to restore the services. Restoration may depend on third-party systems and the time needed to address the issue.
Jabflow will not delete Customer-owned content solely because of a short payment delay. Any deletion or retention of data will be handled under Section 9 and applicable retention practices.
9. Privacy, Data, and Security
Jabflow may process personal information and website-submission data as reasonably necessary to provide, maintain, secure, and support the website.
Customer is responsible for determining what personal information it collects through its business website, ensuring that its collection and use are lawful, providing required privacy notices, and obtaining any necessary consents.
Where the website collects customer inquiries or contact-form submissions, Customer is responsible for the business purpose and subsequent use of the information. Jabflow may handle and transmit the submissions as needed to operate the website.
Jabflow will use reasonable administrative and technical safeguards appropriate to the nature of the services. No website, hosting environment, email transmission, or electronic storage system can be guaranteed completely secure.
Jabflow will not intentionally sell Customer's confidential business information or website-submission data as an independent commercial product. Jabflow may use service providers that process data on its behalf to deliver the services, and may disclose information when required by law or reasonably necessary to protect its rights, systems, or users.
Customer should not submit payment-card data, highly sensitive personal information, or other information that the website has not been specifically configured and authorized to collect.
The parties will reasonably cooperate in addressing security incidents involving the website to the extent each party has relevant information or responsibilities.
10. Confidentiality
Each party may receive non-public business, technical, or operational information from the other party. The receiving party will use reasonable care to protect that information and will use it only as reasonably necessary to perform or receive services under this Agreement.
Confidentiality obligations do not apply to information that is publicly available through no breach of this Agreement, was lawfully known to the receiving party beforehand, is independently developed, or is lawfully received from another source without a duty of confidentiality.
A party may disclose confidential information when legally required, provided it gives notice where legally permitted and reasonably practicable.
11. Warranties and Disclaimers
Jabflow will provide the services in a professional and commercially reasonable manner.
Except for express commitments in this Agreement and to the maximum extent permitted by applicable law, the services are provided without additional express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Jabflow does not guarantee that the website will meet every business objective, remain available without interruption, or produce any particular commercial result.
Nothing in this Agreement excludes or limits a warranty, remedy, or liability that cannot lawfully be excluded or limited.
12. Limitation of Liability
To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, loss of anticipated business, or loss of goodwill arising out of this Agreement, even if advised of the possibility of such damages.
To the maximum extent permitted by applicable law, Jabflow's total aggregate liability arising out of or relating to this Agreement will not exceed the subscription fees paid or payable by Customer to Jabflow during the three months immediately preceding the event giving rise to the claim.
These limitations do not apply to liability that cannot legally be limited, or to any exceptions that applicable law requires. They do not excuse Customer from paying fees properly due under this Agreement.
13. Indemnification
Customer will be responsible for claims arising from Customer's business operations, products, services, unlawful website content, or materials supplied by Customer, including allegations that those materials infringe third-party rights, except to the extent a claim is caused by Jabflow's own wrongful conduct.
Customer agrees to reasonably cooperate with Jabflow in defending such claims and not to settle a claim in a manner that imposes liability or obligations on Jabflow without Jabflow's written consent.
Jabflow will notify Customer of a covered claim within a reasonable time after becoming aware of it.
14. Termination and Effect of Termination
Either party may terminate this Agreement by canceling the subscription under Section 3.
Either party may also terminate this Agreement for a material breach if the other party fails to remedy the breach within 15 calendar days after receiving written notice describing the breach. Where a breach cannot reasonably be remedied, or where immediate action is reasonably necessary to address unlawful conduct or a material security threat, the affected party may take appropriate action consistent with applicable law.
Upon termination:
- Customer's right to use the hosted website ends when hosting services are discontinued.
- Unpaid fees incurred before termination remain payable.
- Customer may request a domain transfer under Section 4.
- Customer may request the return of Customer-owned materials reasonably available to Jabflow, subject to applicable technical limitations and the terms of this Agreement.
- Each party will continue to protect the other party's confidential information as required by Section 10.
Jabflow may retain limited records as necessary for billing, security, legal compliance, dispute resolution, or legitimate business recordkeeping, subject to applicable privacy requirements.
15. Notices and Electronic Communications
The parties may communicate through the email addresses provided during checkout or through ordinary account management. Customer agrees that service notices, billing communications, cancellation confirmations, and other ordinary contract-related communications may be delivered electronically, subject to applicable law.
Customer is responsible for maintaining a valid email address and promptly updating Jabflow if its contact details change.
16. Electronic Signatures and Records
The parties agree to conduct this transaction electronically and consent to the use of electronic records and electronic signatures for this Agreement, including electronic acceptance via online checkout checkboxes.
The completion of checkout by Customer, combined with electronic recordkeeping by Jabflow's payment processor, constitutes binding acceptance of this Agreement.
17. Governing Law and Disputes
This Agreement will be governed by the laws of the State of Utah, without regard to conflict-of-law principles, except where applicable law requires otherwise.
The parties will first make a good-faith effort to resolve disputes through direct discussion. If a dispute cannot be resolved informally, either party may pursue remedies available under applicable law in a court of competent jurisdiction located in Utah.
18. General Provisions
- Entire Agreement: This Agreement, together with terms accepted at checkout, constitutes the entire agreement between the parties regarding the services described here and supersedes prior discussions on the same subject.
- Amendments: Any material amendment to this Agreement must be in writing and accepted by both parties. Changes to pricing or the scope of services will be communicated before they take effect.
- Assignment: Neither party may assign this Agreement in a manner that materially affects the other party's rights without the other party's consent, except that Jabflow may assign it as part of a merger, reorganization, or sale of substantially all relevant business assets, subject to applicable law.
- Severability: If a provision is found unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions will remain in effect to the extent legally permissible.
- No Waiver:A party's failure to enforce a provision immediately does not waive its right to enforce that provision later.
- Force Majeure: Neither party will be liable for delay caused by events beyond its reasonable control, except for payment obligations already incurred. The affected party will make reasonable efforts to minimize the impact.
- Independent Parties: The parties are independent contracting parties. This Agreement does not create an employment, partnership, joint-venture, or agency relationship.
- Survival: Provisions that by their nature should survive termination, including payment obligations, intellectual-property rights, confidentiality, applicable liability limitations, and dispute provisions, will survive to the extent permitted by law.