Terms of Service - Formal Legal Version

"JD's Web Service," "we," "us," and "our" refer to the sole proprietorship operating at jdswebservice.com. "You" and "your" refer to any visitor to jdswebservice.com or any client of our Service. "The Service" refers to the website design, hosting, and maintenance services we provide under a tiered subscription model: a one-time $399 setup fee followed by a monthly subscription at the Starter ($99), Professional ($175), or Premium ($249) tier, as described on our Services page and in our Service Level Agreement. "The Site" refers to jdswebservice.com.

By accessing the Site or using the Service, you agree to be bound by these Terms of Service. If you do not agree, do not access the Site or use the Service. If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business.

We build, host, and maintain websites for small businesses. A one-time $399 setup fee covers the design and build of your website, your first month of hosting, setup and onboarding, and all features of your chosen tier for month 1. Beginning month 2, the Service is billed as a monthly subscription at the Starter ($99/month), Professional ($175/month), or Premium ($249/month) tier. The scope of the Service is described on our Services page and in our Service Level Agreement, both incorporated herein by reference. Tier-based limits (pages included: 5/8/25; change requests per month: 1/4/8; turnaround: 3-5/2-3/1-2 business days) are described on our pricing section. Legal pages (terms, privacy, cookies) are included on all tiers at no extra cost and are not counted toward the page limit. Add-ons (custom email, logo design, domain registration, extra change requests) are billed separately as described on the Services page.

As a client, you agree to: (a) provide accurate information about your business; (b) provide content, photographs, and other materials we reasonably need to build your website; (c) keep your own passwords and accounts secure; (d) pay the one-time $399 setup fee and your monthly subscription fee for your chosen tier on time; and (e) not use your website for illegal activities or to infringe the intellectual property rights of others. You are solely responsible for the content you ask us to publish on your website.

We agree to: (a) build and maintain your website using industry best practices; (b) host your website on secure, monitored infrastructure; (c) provide change requests up to your tier monthly limit (Starter 1, Professional 4, Premium 8) with turnaround of 3-5, 2-3, or 1-2 business days respectively; (d) include legal pages (terms, privacy, cookies) on all tiers at no extra cost, not counted toward your page limit; (e) monitor your website for uptime and security issues; (f) maintain backups of your website; and (g) notify you of any significant outages or issues. The specific service levels are set forth in our Service Level Agreement.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee specific business results, including but not limited to increased traffic, higher search rankings, more customers, or increased revenue. Your website's performance depends on many factors outside our control, including your industry, your competition, and your own business practices.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 3 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUE, LOST PROFITS, OR LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) content you provide for your website; (b) your violation of these Terms; or (c) your infringement of any third-party intellectual property or other rights. We will notify you of any such claim and may, at our option, participate in its defense.

If a dispute arises out of or relates to these Terms or the Service, the parties agree to first attempt to resolve the dispute through good-faith mediation. If mediation does not resolve the dispute within 60 days, either party may file an action in the state courts of Pennsylvania, Allegheny County. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL AND TO BINDING ARBITRATION. These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws principles.

We retain all right, title, and interest in our internal project and planning files, development tools, and methodologies. Upon cancellation, we transfer your website files to you as described in our Cancellation & Data Retention Policy. Your website content (text, images you provide) remains your property.

We may modify these Terms from time to time. If we make significant changes, we will notify you by email. The "Last updated" date at the top of this page reflects the most recent revision. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

These Terms, together with our Privacy Policy, Service Level Agreement, Payment Agreement, Cancellation & Data Retention Policy, and Cookie Acknowledgement, constitute the entire agreement between you and us regarding the Service, and supersede all prior or contemporaneous agreements, whether written or oral.

Questions about these Terms may be directed to [email protected].