Terms of Service Agreement
Last Updated: December 16, 2025
Incorporation of Website Hosting Agreement
Clients who utilize website hosting services from JGD Designs LLC (“Host” or “Agency”) shall be bound by the terms outlined in both this Terms of Service Agreement (“Agreement”) and the Website Hosting Agreement. The Website Hosting Agreement is hereby incorporated into and made part of this Agreement. In the event of a conflict, the Website Hosting Agreement shall govern matters related specifically to hosting, billing, suspension, and reactivation.
Provision of Services
Host agrees to provide Client with website hosting services, which may include server space, email capability, internet access, domain-related services, and other features offered under Client’s selected plan. Host reserves the right to modify service features or infrastructure upon thirty (30) days written or emailed notice. Continued use of services constitutes acceptance of such modifications.
Agreement Term
The initial term of this Agreement shall commence on the date services are activated and shall continue through the remainder of the calendar month (the “Initial Term”). Following the Initial Term, this Agreement shall automatically renew on a month-to-month basis unless terminated in accordance with this Agreement.
Suspension of Services for Non-Payment
1 Past Due Accounts
Any invoice not paid within five (5) calendar days of its due date shall be considered past due.
2 Late Fee
A one-time late fee of $35.00 shall be applied to each past-due invoice. Late fees are non-refundable.
3 Right to Suspend Services
Host reserves the right to suspend hosting services, including website access, email, and related services, for non-payment without further notice once an account becomes past due.
4 Effect of Suspension
During suspension:
- Websites may be disabled or redirected to a suspension notice
- Email services may be disabled
- Hosting control panel access may be restricted
Host shall not be responsible for any loss of data, revenue, business interruption, search engine rankings, or damages arising from suspension.
5 Reactivation
Services will be restored only after full payment of all outstanding balances and late fees has been received and cleared. Reactivation may take up to forty-eight (48) business hours.
5. Termination Without Cause
(a) Client may terminate this Agreement at any time by providing notice via email or phone. No refunds shall be issued for fees already billed for the current billing period.
(b) Host may terminate this Agreement for any reason upon thirty (30) days written or emailed notice to Client.
(c) Upon termination, Client is responsible for securing backups of all website content, databases, and email. Host is not obligated to retain Client data after termination.
6. Termination for Cause
Host may immediately suspend or terminate services for material breach, including but not limited to non-payment exceeding thirty (30) days, violations of acceptable use policies, unlawful activity, or abuse of services. No refunds shall be issued in cases of termination for cause.
7. Payment Terms
Client agrees to pay for hosting services in advance according to the selected billing cycle (monthly or annual). Host reserves the right to modify pricing upon thirty (30) days written or emailed notice. Continued use constitutes acceptance of updated pricing.
Client remains responsible for all recurring, one-time, add-on, late, and reactivation charges incurred.
8. Taxes
Client is solely responsible for all applicable taxes, fees, and governmental charges associated with services provided.
9. Acceptable Use & Prohibited Activities
Client agrees not to use services for unlawful, abusive, or prohibited purposes, including but not limited to spam, phishing, malware distribution, exploitation of minors, infringement of intellectual property rights, or violations of network security. Violations may result in immediate suspension or termination without notice.
10. PCI Compliance Disclaimer
Client is solely responsible for the security of any payment or personal data collected through Client’s website. Host does not monitor or certify PCI compliance.
11. Liability; No Warranty; Limitation of Damages
Services are provided “as is” and “as available.” Host disclaims all warranties, express or implied. Host shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Host’s total liability shall not exceed the total fees paid by Client for hosting services during the twelve (12) months preceding the claim.
12. Intellectual Property
Except for rights expressly granted, this Agreement does not transfer any intellectual property rights to Client. Client warrants it has the legal right to use all content hosted.
13. Hardware & Compatibility
Client is responsible for all equipment, software, and services necessary to access Host’s systems. Host makes no guarantee of compatibility.
14. Age Requirement
Client represents and warrants that Client and any authorized users are at least eighteen (18) years of age.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with venue in Palm Beach County, Florida.
