Last Updated: January 2025
1. Service Model
1.1 Managed Service Platform
This is a fully managed website service, not custom software development. You are licensing access to our proprietary platform and receiving ongoing managed services - similar to how Shopify, Squarespace, or Webflow operate.
I build, host, maintain, and manage your website on my proprietary platform. You receive a professional website with a custom admin dashboard tailored to your business needs, along with ongoing technical support and maintenance.
1.2 What's Included
- Custom website design and development
- Custom admin dashboard for content management
- Web hosting and domain management
- SSL certificates and security monitoring
- Regular software updates and bug fixes
- Performance optimization
- Regular backups
- Email support
- Basic SEO optimization
2. Code & Intellectual Property Ownership
2.1 What You Own
You retain full ownership of all your content and data, including but not limited to:
- Text content, copy, and descriptions
- Images, videos, and media files you provide
- Product information and pricing
- Customer data and user information
- Blog posts and articles
- Your business name, logo, and branding materials
2.2 What I Own (Platform & Source Code)
The website source code, platform, and custom dashboard system remain my intellectual property.This includes:
- All website source code (HTML, CSS, JavaScript, backend code)
- Custom admin dashboard software
- Database architecture and schemas
- Proprietary features and functionality
- APIs and integrations I've developed
- Any custom tools or utilities built for the platform
You will NOT receive the website source code at any point - whether during active service, upon cancellation, or after project completion. This is proprietary software that I've developed and use across multiple clients.
2.3 Why This Model?
Our custom dashboard platform is the competitive advantage that allows me to offer enterprise-grade features at small business prices. It's the "secret sauce" that makes this service affordable and efficient.
By licensing the platform rather than purchasing custom software development, you get:
- Lower costs: No need to pay for full custom development from scratch
- Faster delivery: Built on proven, tested infrastructure
- Continuous improvements: Platform enhancements benefit all clients
- Ongoing support: I maintain and improve the codebase
3. Data Rights & Export
3.1 Data Access
While you're an active subscriber, you can request a full data export at any time by contacting support. Your data will be provided in portable, standard formats (JSON, CSV, etc.).
3.2 Data Export Includes
- All text content and descriptions
- Images and media files (or download links)
- Product information and inventory data
- Customer contact information (if applicable)
- Blog posts and articles
- Form submissions and analytics data
Note: Data exports do NOT include source code, platform code, custom dashboards, database schemas, or proprietary functionality.
4. Deposit & Payment Terms
4.1 Non-Refundable Deposit
The $250 deposit is non-refundable and secures your project slot on my development calendar. Once paid, development work begins immediately, including:
- Project planning and architecture
- Custom dashboard configuration
- Initial design mockups
- Setting up hosting and infrastructure
- Beginning MVP development
4.2 When You CAN Get a Refund
You will receive a full refund of your $250 deposit ONLY if:
- I determine that I cannot provide the specific service you need
- I am unable to deliver the project due to technical limitations
- I need to cancel the project for reasons on my end
In any of these scenarios, you'll receive a complete refund of your deposit within 5-7 business days.
4.3 When You CANNOT Get a Refund
The deposit is non-refundable if:
- You change your mind about the project after paying
- You decide you don't want to proceed after reviewing the MVP
- You want to cancel for any reason unrelated to my ability to deliver
- You're unhappy with the design but I'm capable of making revisions
- You experience a change in business circumstances
4.4 Remaining Balance
After reviewing your MVP (delivered within 7 days), you can choose to:
- Proceed: Pay the remaining balance and move to full production
- Walk away: The $250 deposit is forfeited, and you receive no code or assets
The remaining balance is due before full production begins. First month of managed service is included in your build price.
5. Monthly Subscription Terms
5.1 Ongoing Service Fee
After your website launches, you'll pay a monthly service fee that covers all hosting, maintenance, security, updates, and support. This fee is quoted in your custom proposal and varies based on your site's complexity and features.
5.2 What Happens If You Stop Paying
If your monthly subscription payment is not received:
- Immediate: Your website will go offline and show a 404 error
- Grace Period: You have 6 months to request a data export or reactivate ($99 reactivation fee)
- After 6 Months: All website data is permanently deleted and cannot be recovered
5.3 Cancellation Policy
You can cancel your subscription at any time by providing 30 days written notice. Upon cancellation:
- Your website will remain online until the end of your paid period
- After that, the site goes offline (see section 5.2)
- You have 6 months to request a data export
- You do NOT receive the source code or platform access
5.4 Reactivation
If you cancel and later want to reactivate your site (within 6 months):
- $99 reactivation fee applies
- Your regular monthly subscription resumes
- Your data and site will be restored as it was
6. Domain Ownership
6.1 Domain Registration
If you purchase a domain through my service:
- You own the domain for 1 year from purchase date (standard domain registration)
- Domain renewal fees are included in your monthly subscription or charged separately
- You can transfer the domain to your own registrar (like Cloudflare) at any time
6.2 Domain Transfer
To transfer your domain to your own account:
- Create an account with Cloudflare (or your preferred registrar)
- Contact me to initiate the transfer
- I'll provide the authorization code and unlock the domain
- Complete the transfer through your new registrar
Note: Transferring your domain does not give you access to the website code or platform.
7. What You're NOT Getting
To be completely clear, you will NOT receive:
- Website source code (HTML, CSS, JavaScript, backend code)
- Database schemas or database access
- Admin dashboard source code or platform code
- API keys or platform credentials
- Server access or hosting credentials
- Git repositories or version control history
- Development environment or build tools
If you need to own the source code and have full control over the codebase, this service is not for you. You would need to hire a developer for custom software development, which typically costs $10,000-$50,000+ for similar functionality.
8. Service Level & Support
8.1 Uptime & Monitoring
I monitor all sites 24/7 and aim for 99.9% uptime. If your site goes down, I'll be notified immediately and work to resolve the issue as quickly as possible.
8.2 Support Response Time
Email support is included in your monthly fee:
- Urgent issues (site down, critical bugs): Response within 4 hours
- Standard requests (content updates, minor fixes): 1-3 business days
- Feature requests (new functionality): Quoted separately with timeline
8.3 What's Included vs. Additional Fees
Included in monthly fee:
- Content updates through your admin dashboard
- Bug fixes and error resolution
- Security updates and patches
- Performance optimization
- Minor design tweaks
Requires additional fee:
- New features not in original scope
- Major redesigns
- Third-party integrations
- Advanced SEO services
- Email marketing setup
9. Limitation of Liability
I provide this service "as is" and make no warranties about uninterrupted service, data accuracy, or specific business results. My total liability is limited to the amount you've paid in the last 3 months of service.
I am not responsible for:
- Lost profits or business opportunities due to downtime
- Third-party service failures (payment processors, email services, etc.)
- Data loss if you haven't requested regular exports
- Issues caused by your own content or actions
10. Changes to Terms
I reserve the right to update these terms at any time. If changes materially affect your service, I'll notify you via email at least 30 days in advance. Continued use of the service after changes constitute acceptance of the new terms.
Summary
Key Takeaways:
- check_circle You OWN your content and data (can export anytime)
- cancel You DON'T own the website source code or platform
- payments $250 deposit is non-refundable (unless I can't deliver the service)
- autorenew Monthly subscription required to keep site online
- inventory_2 6 months to export data after cancellation
- language You own your domain (can transfer anytime)
- build This is a managed service, like Shopify or Squarespace
Questions or Concerns?
If anything in this agreement is unclear or you have questions, please reach out BEFORE making your deposit. I'm happy to discuss these terms and ensure you fully understand what you're getting.
Email: contact@jamesweb.dev
View more information in our FAQ.