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JWM Marketing & Web Design, web design and SEO agency in Land O' Lakes, Florida
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Terms of Service

JWM Marketing & Web Design (“the Company,” “JWM,” “we,” “us”) agrees to provide services (“services” or “products”) to the subscriber (“client,” “customer,” “you,” “your”) subject to the following Terms of Service (“TOS”).

JWM Marketing & Web Design reserves the right to change this TOS at any time. Any changes, modifications, additions, or deletions will be effective immediately upon posting online at this location. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service periodically and to be aware of any changes. Your continued use of the services after such modifications will constitute your:

  • Acceptance of the updated Terms of Service
  • Agreement to comply with the revised terms
  • Acknowledgment that you have reviewed and understood the changes
If you do not agree to these Terms of Service, please contact us immediately to cancel your services.
This Terms of Service includes requirements that must be passed on to your customers or end users, if applicable. It is your responsibility to include these provisions in any agreements or contracts with your end users. You remain fully responsible for the actions and compliance of your end users under this Terms of Service.

Other Agreements and Precidence

This Terms of Service includes and incorporates our Acceptable Use Policy (AUP), Service Level Agreement (SLA), and Privacy Policy by reference. If there is any conflict between these documents, the Terms of Service will control, followed by the Acceptable Use Policy, the Privacy Policy, and then the Service Level Agreement.

Services Provided

The pricing, features, and term of the products and services you purchase are listed on the web page where each product or service is described (the “Description Page”). The Effective Date is the date the service is activated. Services are provided based on the Description Page in effect on the Effective Date. The Description Page may change during the term of the service.
JWM Marketing & Web Design will provide the Services as they are described on the Description Page on the Effective Date. If the Description Page changes during the term of your service, JWM is not required to update or modify your service to match those changes.
JWM will make every reasonable effort to make the Services available to you. However, JWM reserves the right to modify the Services or the manner in which they are provided if any of the following occur:

  • Changes in applicable laws, regulations, or compliance requirements

  • Security risks, abuse prevention, or actions required to protect the network, systems, or other customers

  • Necessary updates, maintenance, upgrades, or improvements to infrastructure or technology

  • Performance, stability, or reliability issues that require service adjustments

  • Changes imposed by third-party vendors, platforms, or service providers

  • Discontinuation or unavailability of third-party tools, software, or integrations

  • Events beyond JWM’s reasonable control, including emergencies or force majeure events

JWM reserves the right to refuse service to any individual or entity, at any time, for any reason, at its sole discretion.
Certain parts of the Service may be provided by third parties or through third party software. These providers may change their services or software at any time, including making material changes. If a third party makes such changes, you may not terminate this TOS as a result, even if the change affects the Service.

Responsible Use

Services are provided so you can configure them as needed. You are responsible for all configuration and setup. Any custom configuration must not interfere with our network or impact services for other customers and is subject to our approval. JWM Marketing & Web Design may refuse or disable any custom configuration, at its sole discretion, if it is deemed unsafe, disruptive, or incompatible with our network.
You must use the Service responsibly. You may not disrupt other users or interfere with our network. If your use of the Service causes any disruption, JWM Marketing & Web Design may require you to change how you use the Service or temporarily suspend your access until the issue is resolved.

Server Backups

JWM Marketing & Web Design provides Backup Services as a courtesy only and on an as-is, as-available basis. These backups are meant to support your own backup systems, not replace them. You are responsible for setting up and managing the Backup Service to meet your needs. JWM Marketing & Web Design is not responsible for missing, outdated, incomplete, or corrupted backups and does not guarantee that the Backup Service will be error-free or fully reliable.
Backup Services are intended for disaster recovery only. If you or a third party request backup data for any other purpose, such as litigation, JWM Marketing & Web Design is not obligated to provide it. If JWM Marketing & Web Design chooses, at its sole discretion, or is legally required to release data, it will be provided at our convenience and billed at a rate of $250 per hour. You will also be responsible for any attorney fees incurred in reviewing, responding to, or producing the data. A retainer may be required in advance to cover these obligations.

Third-Party Software

The Services provided by JWM Marketing & Web Design may include software owned by a third party (“Third-Party Software”). If you tell us that you already have a license to use this software, we may ask you to provide proof of that license and proof that it belongs to you.
You agree that JWM Marketing & Web Design is not required to provide support for any Third-party Software. If JWM Marketing & Web Design chooses, at its sole discretion, to offer support for Third-party Software, that support is provided without any guarantee or warranty and does not create any formal agreement or obligation.
JWM Marketing & Web Design reserves the right to block or restrict the use of any Third-party Software on its network.

Software Patches

JWM Marketing & Web Design may install software updates, upgrades, bug fixes, or enhancements provided by third-party software vendors (“Patches”), whether or not you specifically request them. These Patches may be applied automatically through automated update systems. JWM Marketing & Web Design assumes no responsibility or liability for any consequences resulting from the installation, attempted installation, or removal of such Patches. It is your sole responsibility to determine whether installing any Patch may affect your data, system stability, or the operation of your services.

SMS Terms of Service

By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from JWM Marketing & Web Design. This includes SMS messages for appointment reminders, project updates, promotional offers, and account notifications. Messaging frequency may vary. Message and data rates may apply. To opt out at any time, reply STOP to any message. For assistance, text HELP or visit our website at https://jwm.us . See our Privacy Policy at https://jwm.us/privacy-policy/ and our Terms of Service at https://jwm.us/terms-and-conditions .

Network

JWM may assign one or more Internet Protocol addresses (“IP addresses”) to you for use with your services. At all times and under all circumstances, JWM retains full ownership and control of any assigned IP address and may change the IP address at any time, for any reason. IP addresses are not transferable. Upon termination of this Agreement, you must immediately stop using any IP address that was assigned to you.
JWM’s use of IP addresses is governed by the policies established by ARIN. These policies specify that the use of IP addresses for IP based virtual hosting is not considered valid justification for assigning new IP addresses when name based virtual hosting is supported. As a result, you are required to use name based virtual hosting whenever it is available and feasible.
You may not use IP addresses that have not been directly assigned to you by JWM Marketing & Web Design. Any service found using IP addresses not assigned by JWM Marketing & Web Design will be suspended from network access until the IP address conflict is resolved. Any service interruption caused by the use of unassigned IP addresses will be billed to your account. In addition, any technical support time required to identify and resolve duplicate or conflicting IP addresses will be billed at a rate of $250 per hour.

Billing and Payment

JWM’s obligation to provide the Service depends on your timely payment of all fees listed on the applicable Product Description Page (“Fees”). Accepted payment methods include credit cards (Visa, MasterCard, Discover, and American Express), PayPal, business check, or money order. PayPal payments must be sent to [email protected] . You are responsible for any transaction or processing fees associated with your chosen payment method. Checks and money orders should be mailed at least seven (7) days before the invoice due date to ensure timely receipt. JWM reserves the right to require certified payment methods if payment issues occur with a customer or company.
JWM requires immediate payment of all invoices (“Due Date”) unless alternate arrangements are stated on the invoice. It is your responsibility to ensure that JWM receives full payment of all fees. Accounts that are not brought current will be assessed a twenty percent (20%) monthly finance charge, with a minimum charge of twenty five dollars ($25.00). This charge will be applied monthly until payment has cleared our financial institution. If an account exceeds the seven (7) day grace period, services may be suspended and a reconnection fee may be required to restore service.
All setup fees and domain registration fees are non-refundable for any reason. All domains are owned by JWM Marketing & Web Design. Pricing is guaranteed for any prepaid term. JWM Marketing & Web Design reserves the right to modify pricing at any time unless alternate terms have been agreed to in writing. The customer is responsible for all charges incurred on the account from the date it is established until JWM Marketing & Web Design receives a formal request to terminate services. All payments must be made in U.S. currency. JWM Marketing & Web Design will charge thirty dollars ($30.00) for each returned check and for each credit card chargeback received.
If a service is suspended for any reason, fees will continue to accumulate. If service is interrupted due to nonpayment, a fifty dollar ($50) reconnection fee will apply to each affected service. Services will only be restored after the full outstanding balance has been paid. If multiple services are suspended for nonpayment, all unpaid invoices must be paid in full before any service is reactivated. JWM reserves the right to keep services disabled until all payments have fully cleared through our financial institution.

Refunds and Disputes

All payments made to JWM Marketing & Web Design are non-refundable. This includes one-time setup fees, prepaid amounts, and any additional charges, regardless of service usage. No refunds or prorated credits will be issued if this agreement is terminated early by you or by JWM, in accordance with this TOS or JWM’s Acceptable Use Policy.
JWM Marketing & Web Design may choose, at its sole discretion, to issue a refund, whether prorated or otherwise. If a refund is approved, JWM may provide it in multiple installments depending on the total amount. The timing and amount of any refund payments are determined entirely by JWM. In most cases, refunds will be applied as a credit to an existing account. In limited situations, JWM may instead issue the refund by check.
If you believe there is an error on your invoice, you must notify JWM within thirty (30) days of the invoice date (“Dispute Deadline”) to submit a billing dispute. You and JWM agree to work together in good faith to resolve any billing issues. Your dispute must include enough detail and facts for JWM to properly investigate the claim. If you do not submit the dispute by the Dispute Deadline, you waive your right to challenge the charges or fees. If JWM determines that your dispute is valid, the credited amount will be applied to the affected account on your next invoice. If you contact your credit card provider and initiate a chargeback before notifying JWM, or if the chargeback is filed after the Dispute Deadline, a two hundred dollar ($200) administrative fee will be applied. Any late fees or applicable charges will continue to accrue while the dispute is under review. If JWM receives a credit related to the dispute, the credit will be held for one hundred eighty (180) days from the credit date. After that period, if a remaining credit balance exists, JWM will issue a check for the credit amount minus any outstanding balances.

Account Cancellation and Suspension

JWM Marketing & Web Design reserves the right, at its sole discretion, to terminate this agreement and or any services provided under it at any time and for any reason. JWM will make reasonable efforts to notify you of the reason for the termination and will work with you, when possible, to resolve any issues that may have led to this decision.
To cancel your account, you must notify JWM in writing at least 30 days before the end of your current billing cycle. All cancellation requests must be submitted by the account owner listed in JWM’s records and must include complete account information. JWM reserves the right to verify the validity of any cancellation request for up to 30 days before the cancellation is finalized.

Harassment and Abuse

JWM does not tolerate abuse of any kind toward its employees, agents, or representatives. This includes verbal harassment, yelling, profanity, rudeness, threats, or any intentionally disruptive behavior. You agree to communicate with JWM staff in a professional manner at all times, including through email, support tickets, live chat, forums, and telephone calls. Any abusive behavior directed toward a JWM employee, for any reason, including disputes or alleged breaches by JWM, will be considered a violation of this Terms of Service agreement. No refunds will be issued for service terminations resulting from a violation of this policy.

Damages

You acknowledge that the Services provided may be interrupted for many reasons, and that the cause of such interruptions may be difficult or impossible to determine. You agree that JWM shall not be held liable for any damages arising from causes beyond the direct and exclusive control of JWM. You further acknowledge that JWM’s liability for its own negligence shall not, in any event, exceed an amount equal to the fees paid by you for the Services during the period in which the damages occurred. In no event shall JWM be liable for any special, indirect, consequential, or incidental damages, loss, or injury. IN NO EVENT SHALL JWM MARKETING & WEB DESIGN’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED DOLLARS ($500.00).

Indemnification

CUSTOMER AGREES TO DEFEND, INDEMNIFY, SAVE, AND HOLD JWM MARKETING & WEB DESIGN HARMLESS from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, asserted against JWM Marketing & Web Design, its agents, customers, officers, and employees, that may arise from or relate to any service provided, performed, or agreed to be performed, or any product sold by the Customer, its agents, employees, or assigns. Customer further agrees to defend, indemnify, and hold harmless JWM Marketing & Web Design against liabilities arising out of:

  • Any injury to persons or property caused by any products sold or otherwise distributed in connection with the JWM Marketing & Web Design server.

  • Any material supplied by the Customer that infringes or is alleged to infringe upon the proprietary rights of any third party.

  • Copyright infringement.

  • Any defective products sold by the Customer through the JWM Marketing & Web Design server.

Non-Waiver

No waiver of any right under this TOS by either party shall be deemed a waiver of that right or any other right under this TOS at any future time.

Severability

If any part of this TOS, or any related documents (AUP, SLA, Privacy Policy), or their application to any person, place, or circumstance, is found by a court or arbitrator of competent jurisdiction to be invalid, unenforceable, or void, the remaining provisions shall continue in full force and effect. All valid provisions will be enforced to the maximum extent permitted by applicable law.

Force Majeure

You agree that JWM is not responsible for any damages, delays, or failures to perform its obligations under this Agreement caused by war, fire, strike, riot, insurrection, natural disasters, carrier delays, governmental orders or regulations, partial or complete shutdowns, unavailability of materials or equipment from suppliers, power failures or blackouts, labor disputes, or any other circumstances beyond JWM’s reasonable control, whether or not similar to those listed above.

Disclaimers

JWM (including any JWM employees or contractors) is not responsible for any damages your business may suffer. JWM provides its services without any warranties, express or implied. JWM specifically disclaims any warranty of merchantability or fitness for a particular purpose. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, incorrect deliveries, or any service interruptions caused by JWM or its employees. JWM reserves the right to revise its policies at any time. All sub-networks, resellers, and dedicated servers of JWM must comply with these policies. Failure to follow any term or condition may result in immediate account deactivation.

Lawful Purpose

You may use JWM servers only for lawful purposes. The transmission of any material that violates federal, state, or local laws or regulations is strictly prohibited. This includes, but is not limited to, copyrighted material, material determined to be threatening or obscene, and material protected by trade secret laws. The determination of whether any material falls into these categories is solely at the discretion of JWM management.

Litigation

Regardless of your location, you agree that this contract is deemed to have been entered into and performed in Pasco County, Florida. Any dispute arising from this agreement shall be litigated or arbitrated exclusively in Pasco County, Florida. You waive any objections to venue or jurisdiction and acknowledge that all such proceedings shall take place in the courts of Pasco County. In no event shall JWM’s maximum liability exceed five hundred dollars ($500.00).

Assignment

You may not assign this Agreement without the prior written consent of JWM. This Agreement shall remain binding upon and benefit both you and JWM, as well as their respective successors and permitted assigns.
JWM Marketing & Web Design
3632 Land O’ Lakes Blvd Ste 142
Land O’ Lakes, FL 34639
(813) 692-9444