jVista Website Services Terms of Service

Effective date: 9/17/2020

These Terms of Service (“Terms”) govern the WordPress maintenance, hosting, and related services (the “Services”) provided by jVista Website Services (“jVista,” “we,” “us,” or “our”) to you, the client (“you” or “Client”). By purchasing, using, or continuing to use the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

We may update these Terms from time to time. If we make a material change, we will give you reasonable notice by email or by posting the updated Terms at https://www.jvista.net. Your continued use of the Services after a change takes effect means you accept the updated Terms.

The Services

jVista provides ongoing WordPress maintenance and website hosting on a subscription basis. Depending on the plan you select, the Services may include some or all of the following:

  • WordPress core, theme, and plugin updates
  • Regular website backups
  • Security monitoring and malware cleanup
  • Uptime monitoring
  • Website hosting and related server management
  • A set allotment of support and small content or edit requests
  • Performance monitoring and optimization

The specific features, support allotments, and response times included in your plan are described in your plan documentation or invoice. Work that falls outside your plan (for example, custom development, new page builds, major redesigns, or content creation beyond your allotment) is billed separately and quoted in advance.

Term, Billing, and Renewal

The Services are provided on a month-to-month basis. There is no long-term contract. Your subscription begins on the date your first payment is processed and automatically renews each month until cancelled by either party in accordance with the “Cancellation” section below.

  • Fees are billed in advance for each monthly billing cycle.
  • You authorize jVista to charge your payment method on file automatically for each renewal.
  • You are responsible for keeping a valid payment method and current contact information on file.
  • We may change our pricing. If we do, we will give you at least 30 days’ notice before the new price applies to your account. Continuing the Services after the notice period means you accept the new pricing.

Cancellation

Either you or jVista may cancel the Services at any time by giving the other party at least thirty (30) days’ written notice. Written notice from you must be sent to support@jvista.net and is effective on the date we receive it.

  • Your Services and billing continue through the end of the 30-day notice period. You remain responsible for the fees covering that period, including the final monthly charge.
  • Monthly fees are non-refundable. We do not provide refunds or credits for partial months, unused time, or unused support allotments.
  • If jVista hosts your website, cancellation ends that hosting. You are responsible for migrating your website to another provider before the end of the notice period. On request, we will provide a complete backup or export of your website so you can move it.
  • After the Services end, we may retain your website data for up to 30 days as a courtesy, after which it may be permanently deleted from our systems. It is your responsibility to obtain and keep your own copy before that period ends.

Payment, Late Payment, and Suspension

All fees are due on the billing date for each cycle. If a payment fails or is not received:

  • We will attempt to notify you and re-process the payment.
  • If the account remains unpaid, we may suspend the Services, including hosting, until payment is received.
  • Accounts that remain unpaid for more than 15 days past the due date may be terminated, and hosted websites may be taken offline.
  • We may charge a reasonable reactivation fee to restore a suspended or terminated account.

Your Responsibilities

To let us provide the Services, you agree to:

  • Provide and maintain accurate account, billing, and contact information.
  • Provide the access we reasonably need, such as WordPress admin, hosting, or domain credentials.
  • Own or hold valid licenses for all content, themes, plugins, and other materials on your website. Premium plugin and theme licenses are your responsibility unless your plan states otherwise.
  • Use the Services only for lawful purposes and comply with all applicable laws.
  • Maintain your own independent backups of any data you consider critical. While we perform backups as part of the Services, you should not rely on them as your only copy.

Acceptable Use

You may not use the Services, including any hosting we provide, to store, transmit, or link to material that:

  • Is illegal, infringing, defamatory, or violates the rights of others
  • Contains malware, or is used for phishing, spam, or other malicious activity
  • Consumes server resources in a way that harms the stability or performance of shared infrastructure or other clients

We may suspend or remove any content or account that violates this section, and where the risk is immediate (for example, active malware or a security threat), we may act without prior notice.

Backups and Data

We perform backups as described in your plan and make commercially reasonable efforts to keep them current. However, backups can fail or be incomplete for reasons outside our control. jVista is not liable for any loss, corruption, or unavailability of data. You are responsible for maintaining your own copies of important data.

Uptime and Availability

We use commercially reasonable efforts to keep hosted websites and the Services available. We do not guarantee that the Services will be uninterrupted, error-free, or secure against every threat. From time to time we may perform scheduled maintenance, and we may need to perform emergency maintenance without advance notice. We are not liable for downtime, interruptions, or errors, including those caused by third-party providers.

Third-Party Services

The Services rely on third-party products and providers, including hosting infrastructure, WordPress, themes, plugins, payment processors, and other tools. We are not responsible for the acts, omissions, outages, pricing, or discontinuation of any third party, and your use of those products may be subject to their own terms.

Intellectual Property

You retain ownership of your website content and any materials you provide. jVista retains ownership of its own tools, processes, templates, and any proprietary materials we use to deliver the Services. You grant us a limited license to access, modify, and work on your website and materials as needed to provide the Services.

Warranties Disclaimer

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will meet your requirements or that any website will be free of errors, vulnerabilities, or interruptions.

Limitation of Liability

To the fullest extent permitted by law, jVista will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of revenue, profits, data, or goodwill, arising out of or related to the Services or these Terms, even if we have been advised of the possibility of such damages. Our total aggregate liability arising out of or related to the Services or these Terms will not exceed the total fees you paid to jVista for the Services during the three (3) months immediately preceding the event giving rise to the claim.

Indemnification

You agree to defend, indemnify, and hold harmless jVista and its owners, employees, and contractors from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your website content, your use of the Services, or your violation of these Terms or any law or third-party right.

Termination for Cause

In addition to the standard cancellation process above, jVista may suspend or terminate the Services immediately, with or without notice, if you fail to pay, breach these Terms, or use the Services in a way that is illegal, abusive, or threatens the security or stability of our systems. jVista reserves the right to refuse or discontinue service to anyone where continuing would violate law or these Terms.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Services will be resolved by confidential binding arbitration conducted under the rules of the American Arbitration Association, except that either party may seek injunctive relief in the state or federal courts located in Pima County, Arizona to protect its intellectual property or confidential information. You and jVista agree that any dispute will be brought only in an individual capacity and not as part of a class or consolidated proceeding. If arbitration is found not to apply to a dispute, that dispute will be resolved in the state or federal courts located in Pima County, Arizona, and both parties consent to the jurisdiction and venue of those courts.

Miscellaneous

These Terms, together with your plan documentation and invoices, are the entire agreement between you and jVista regarding the Services and supersede any prior agreements on the subject. If any provision is found unenforceable, the rest of the Terms remain in effect. Our failure to enforce any provision is not a waiver of our right to enforce it later. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Contact

Questions about these Terms or your account can be sent to support@jvista.net, jVista Website Services, Tucson, Arizona.