Jacob Websites --- Website Services & Care Agreement
Last updated: October 2026
These terms apply when incorporated into an accepted proposal, statement of work, or other service agreement with Jacob Websites.
This Website Services & Care Agreement ("Agreement") is entered into between Jacob Ryan Wainwright, doing business as Jacob Websites ("Provider"), and the client identified in the applicable proposal, order, invoice, statement of work, or signature section ("Client").
This Agreement describes the terms under which Provider may design, develop, host, maintain, or otherwise provide website services to Client.
1. Services
Provider will provide the website design, development, hosting, maintenance, or related services described in the Client's accepted proposal, service selection, or written scope of work ("Services").
Website project services and monthly care plan services are separate services. Client may purchase a website project without purchasing a monthly care plan.
Only Services expressly included in the agreed scope are included.
Requests outside that scope may require a separate quote and Client approval.
2. Website Project
If Provider is designing or developing a website for Client, the agreed project scope will identify the pages, functionality, deliverables, and other material requirements included in the project.
Work or functionality not included in that scope may be treated as additional work.
Provider may use reasonable professional judgment regarding implementation, technology, responsive behavior, performance, accessibility, and design details unless the parties agree otherwise.
Project revisions, acceptance, and Client delays are governed by Section 13.
3. Monthly Website Care Services
Monthly care plans are optional and are separate from the website project fee.
If Client subscribes to a monthly Website Care or Website Growth plan, Provider will provide the services described in the selected plan for each paid billing period.
Monthly services may include managed hosting, monitoring, technical maintenance, routine content changes, performance work, analytics review, and SEO-related maintenance depending on the selected plan.
Monthly update allowances expire at the end of each billing period and do not roll over.
Monthly allowances cannot be accumulated or exchanged for cash, credits, or unrelated services.
Client is not required to purchase or maintain a care plan in order to purchase a website project.
4. Routine Updates
Routine updates generally mean modifications to existing website content or components that do not materially change the website's architecture or functionality.
Examples may include:
- Text edits;
- Image replacements;
- Hours or contact-information changes;
- Updates to existing service descriptions;
- Testimonial updates;
- Certification updates; and
- Minor layout or formatting adjustments.
Provider will determine reasonably and in good faith whether a request is a routine update or constitutes additional project work.
5. Additional Work
Unless expressly included in Client's project scope or selected care plan, the following may require a separate quote:
- Major redesigns;
- New websites;
- Major new pages;
- E-commerce functionality;
- Customer accounts or portals;
- Booking or appointment systems;
- Complex calculators;
- Custom databases;
- Major integrations;
- Large content migrations;
- Major copywriting;
- Branding or logo work;
- Photography or video;
- Paid advertising;
- Social-media management;
- Major SEO campaigns; and
- Other substantial new functionality.
Provider will obtain Client approval before beginning separately billable work.
For Clients without an active care plan, post-launch services are governed by Section 23.
6. Hosting
If managed hosting is included in Client's care plan, Provider may host or deploy the website using third-party infrastructure selected by Provider.
Provider may change infrastructure providers when reasonably necessary for security, reliability, performance, cost, compatibility, or service continuity.
Normal hosting usage is included only to the extent stated in Client's selected plan.
Unusually high traffic, bandwidth, storage, processing, API usage, or other infrastructure requirements may require additional fees or migration to another hosting arrangement.
Provider will notify Client before intentionally implementing a material increase in recurring hosting charges.
If Client does not maintain an active care plan that includes managed hosting, handoff and responsibility for hosting and ongoing operation are governed by Section 23.
7. Domain Name
Client is the registrant and owner of Client's domain name unless the parties expressly agree otherwise in writing.
Client is responsible for maintaining the domain registration, account access, accurate registration information, and payment of all domain renewal fees.
If Provider assists with DNS or domain configuration, Client authorizes Provider to make changes reasonably necessary to connect and operate the website.
Provider is not responsible for downtime, loss, expiration, suspension, or other problems resulting from Client's failure to maintain, renew, secure, or retain control of the domain or domain account.
8. Third-Party Services
The website may rely on third-party providers for hosting, DNS, analytics, email delivery, forms, fonts, APIs, payment processing, booking, or other functionality.
Provider does not control those third parties and cannot guarantee uninterrupted availability of their services.
Client is responsible for third-party charges unless the applicable service is expressly included in Client's plan or project scope.
Provider will not knowingly purchase a material new paid third-party service on Client's behalf without Client's approval.
9. Maintenance and Support
Provider will use commercially reasonable efforts to maintain functionality covered by Client's active care plan.
Routine support requests will generally be acknowledged according to the service level described in Client's selected plan.
Response targets are not guaranteed completion times.
Unless separately agreed in writing, Provider does not provide guaranteed 24-hour or seven-day emergency support.
Ongoing services for Clients without an active care plan are governed by Section 23.
10. Uptime
Provider will use reasonable efforts to keep Client's website available and functional when Provider is responsible for managed hosting under an active care plan.
Client acknowledges that websites and Internet services may experience downtime due to maintenance, software defects, cyberattacks, third-party outages, network failures, force majeure events, or other circumstances.
Provider does not guarantee 100% uptime.
Provider's responsibilities after managed hosting ends are governed by Section 23.
11. Client Responsibilities
Client agrees to:
- Provide accurate content and information;
- Respond reasonably to requests necessary to complete work;
- Maintain ownership and payment of Client-controlled accounts;
- Protect account credentials;
- Avoid making or authorizing changes that may interfere with Provider's work without appropriate coordination;
- Obtain necessary rights to content supplied to Provider; and
- Notify Provider promptly of known website problems.
Client represents that it has the right to use materials it supplies to Provider.
12. Client Content
Client is responsible for the legality, accuracy, and rights associated with content supplied by Client, including text, trademarks, photographs, videos, testimonials, logos, and other materials.
Provider may refuse to publish material that Provider reasonably believes is unlawful, infringing, malicious, fraudulent, or otherwise inappropriate for the service.
13. Revisions, Acceptance, and Client Delays
Unless otherwise stated in the applicable proposal or statement of work, each website project includes two (2) rounds of revisions.
A revision round means a consolidated set of reasonable changes requested by Client in response to a version of the project presented for review.
Additional revision rounds, substantial changes in direction, or requests outside the agreed scope may be separately quoted and billed.
When Provider presents the final deliverables to Client for review, Client will have five (5) business days to provide written notice identifying any material issue or requested revision that falls within the agreed scope.
If Client does not respond within that period, the final deliverables will be considered accepted. The final deliverables will also be considered accepted if Client expressly approves them or once Client authorizes or permits the website to go live.
Acceptance of the final deliverables causes the remaining project balance to become due as provided in Section 20.
Client delays may affect the project schedule. If Client fails to provide reasonably requested feedback, content, approvals, access, or other required information for thirty (30) consecutive days, Provider may close the project upon written notice.
If a project is closed because of Client inactivity, the project deposit is non-refundable, any unpaid fees for work already completed are due, and restarting the project may require a new schedule, revised scope, and/or new quote.
14. Ownership
Upon payment in full of the applicable website project fee and any other amounts due for the project, Client owns the final client-specific website deliverables created specifically for Client, except for Provider Materials and third-party materials.
Provider is not required to launch, transfer, or hand off the final website deliverables until the applicable project fee and other amounts due for the project have been paid in full.
"Provider Materials" include Provider's pre-existing or generally reusable:
- Tools;
- Libraries;
- Components;
- Utilities;
- Development methods;
- Templates;
- Systems;
- Know-how; and
- General-purpose code.
Provider retains ownership of Provider Materials but grants Client the rights reasonably necessary to operate the completed website as delivered.
Third-party software and materials remain subject to their respective licenses.
Client retains ownership of Client's business content, trademarks, logos, and other materials supplied by Client.
Handoff and ongoing responsibilities for Clients without an active care plan are governed by Section 23.
15. Portfolio Use
Unless Client requests otherwise in writing, Client grants Provider permission to identify Client as a customer and display publicly available portions of the completed website for Provider's portfolio, case studies, and marketing.
Provider will not knowingly disclose Client credentials, private customer information, confidential analytics, or other non-public sensitive information for portfolio purposes.
16. Testimonials
Any testimonial provided by Client must reflect Client's genuine opinion and experience.
Client is never required to provide a positive testimonial.
17. Security
Provider will use reasonable security practices appropriate to the Services.
Client acknowledges that no website, hosting platform, network, or security system can be guaranteed completely secure.
Provider is not responsible for security incidents caused by Client negligence, compromised Client credentials, unauthorized third-party modifications, or systems outside Provider's reasonable control, except to the extent otherwise required by law.
18. Backups and Recovery
Provider may use source-control history, deployment history, platform backups, or other reasonable recovery methods appropriate to the website while Provider is responsible for those services.
Provider does not guarantee that every version, file, submission, or item of data can always be recovered.
Client should separately preserve business-critical information where appropriate.
Backup and recovery responsibilities after handoff or the end of managed services are governed by Section 23.
19. SEO and Business Results
Provider may perform technical or on-page search-engine optimization work when included in the agreed project scope or care plan.
Provider does not guarantee:
- Specific search rankings;
- First-page placement;
- Traffic levels;
- Lead volume;
- Sales;
- Revenue;
- Customer acquisition; or
- Any particular business outcome.
Search engines and third-party platforms operate independently of Provider.
20. Fees and Billing
Client agrees to pay the fees identified in the accepted proposal, invoice, service selection, statement of work, or other written agreement.
Unless otherwise stated in writing, website project fees are paid as follows:
- Twenty-five percent (25%) deposit before work begins; and
- The remaining seventy-five percent (75%) balance is due upon Client's acceptance of the final deliverables under Section 13, and in any event before launch, transfer, or handoff.
Provider is not required to begin work until the required deposit has been received.
Provider is not required to launch, transfer, or hand off the completed website until the project balance and any other amounts then due for the project have been paid in full.
Care plans are optional and are billed monthly in advance.
Unless an invoice states otherwise, invoices are due within fifteen (15) calendar days of the invoice date ("Net 15").
If an invoice becomes past due, Provider may pause work, withhold launch or transfer, suspend non-essential services, or decline additional work until the account is brought current, subject to applicable law and any notice requirements in this Agreement.
No automatic monetary late fee is imposed under this Agreement unless a separate written agreement or invoice expressly provides for one in compliance with applicable law.
Client authorizes recurring charges only through the payment method and authorization process separately presented to Client.
Taxes, where legally required, may be added.
21. Failed or Late Payment
If payment for a recurring service fails or an invoice becomes past due, Provider may notify Client and provide a reasonable opportunity to correct the payment issue.
If payment remains unpaid, Provider may pause project work or suspend ongoing maintenance, updates, support, and Provider-paid hosting services after reasonable notice.
Provider may withhold launch, transfer, or handoff of project deliverables until amounts due for the project have been paid in full.
Suspension does not transfer ownership of Client's domain or other Client-owned assets to Provider.
Provider may require outstanding balances to be paid before performing additional work or migration assistance beyond a standard handoff.
22. Cancellation
Unless otherwise stated in writing, recurring Website Care and Website Growth plans are month-to-month and optional.
Client may cancel future recurring care-plan service by emailing help@jacobwebsites.com before the next billing date.
Cancellation stops future recurring charges but does not ordinarily create a refund for a service period already begun.
Provider may also discontinue recurring service upon reasonable notice.
Cancellation of a care plan does not affect Client's ownership of final client-specific website deliverables that Client has already paid for in full.
23. Handoff After Cancellation or Without a Care Plan
If Client does not purchase an active care plan, Provider will provide the site files and/or access reasonably necessary for a standard handoff after the project fee and any other amounts due for the project have been paid in full.
If Client cancels a care plan that includes managed hosting, Provider will make Client-owned website materials reasonably necessary for a standard handoff available to Client. Client is responsible for obtaining replacement hosting before Provider-managed hosting ends.
After handoff or the end of Provider-managed services, Client is responsible for the website's hosting, deployment, maintenance, updates, backups, security, third-party services, and ongoing operation unless otherwise agreed in writing.
Provider may remove Client's website from Provider-managed infrastructure after the paid service period and a reasonable handoff period have ended.
Migration, configuration of another provider, extensive documentation, or other transition work beyond a reasonable standard handoff may be separately billable.
Provider will not intentionally withhold Client-owned website materials solely to force Client to continue a recurring plan.
Any maintenance, updates, troubleshooting, modifications, migration assistance, or other work requested from Provider after handoff or outside an active care plan may be separately quoted and billed unless otherwise agreed in writing.
24. Refunds
Unless otherwise required by law or expressly agreed in writing, the project deposit is non-refundable once work begins, and payments for completed work and service periods already begun are non-refundable.
If Provider materially fails to provide a paid service, the parties will attempt in good faith to resolve the issue, which may include correction, service credit, or refund where appropriate.
25. Changes by Client or Third Parties
Provider is not responsible for defects, downtime, data loss, or additional work caused by modifications made by Client or another person without Provider's authorization or coordination.
Provider may charge separately to diagnose or repair such problems.
26. Confidentiality
Each party will use reasonable care to protect non-public confidential information received from the other party and will use that information only as reasonably necessary to perform or receive the Services.
Confidential information does not include information that is publicly available through no breach of this Agreement, independently developed, or lawfully received from another source.
27. Accessibility, Privacy, and Legal Compliance
Unless accessibility compliance is expressly included in the applicable proposal or statement of work, Provider does not represent or guarantee that the website will comply with the Americans with Disabilities Act (ADA), Web Content Accessibility Guidelines (WCAG), or any particular accessibility law, regulation, standard, or level of conformance.
Client is responsible for determining and satisfying the legal and regulatory requirements applicable to Client's business and website, including, where applicable, privacy policies, the California Consumer Privacy Act (CCPA) and related California privacy requirements, cookie or tracking notices and consent requirements, accessibility obligations, industry-specific rules, disclosures, terms, licenses, and other legal requirements.
Provider may assist with specific compliance-related implementation only when expressly included in the agreed scope or separately agreed in writing. Provider does not provide legal advice, and implementation by Provider does not constitute a guarantee of legal compliance.
28. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR EXPRESS OBLIGATIONS STATED IN THIS AGREEMENT OR AN APPLICABLE WRITTEN SCOPE OF WORK, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
PROVIDER DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR SUITABLE FOR EVERY PURPOSE OR LEGAL REQUIREMENT.
Nothing in this section excludes any warranty or right that cannot lawfully be excluded.
29. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY CLIENT TO PROVIDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) THE WEBSITE PROJECT FEE PAID BY CLIENT UNDER THE APPLICABLE PROJECT, IF ANY.
This section does not limit liability where such limitation is prohibited by applicable law.
30. Indemnification
Client agrees to defend and indemnify Provider against third-party claims arising from materials supplied by Client, Client's unlawful use of the website, or Client's violation of another person's intellectual-property or privacy rights, except to the extent the claim results from Provider's own wrongful conduct.
Any indemnification obligation is subject to applicable law.
31. Force Majeure
Neither party will be responsible for delay or failure caused by events reasonably beyond that party's control, including natural disasters, widespread Internet or infrastructure failures, governmental actions, war, labor disruptions, or failures of major third-party service providers.
32. Independent Contractor
Provider is an independent contractor and not Client's employee, partner, joint venturer, or agent except to the limited extent expressly authorized to perform the Services.
33. Governing Law and Venue
This Agreement will be governed by the laws of the State of California, without regard to conflict-of-law principles.
The parties will first attempt in good faith to resolve disputes informally before pursuing formal legal remedies.
Subject to applicable law and any court with mandatory jurisdiction, any legal action arising out of or relating to this Agreement will be brought in a court of competent jurisdiction located in Riverside County, California, and each party consents to that venue and jurisdiction.
34. Changes to This Agreement
Changes to an executed Agreement must be agreed to by both parties in writing.
A change to the scope of work may be approved through written electronic communication where the communication clearly identifies and approves the change.
35. Entire Agreement
This Agreement together with the accepted proposal, scope of work, service selection, statement of work, and any written addenda constitutes the agreement between Provider and Client regarding the Services and supersedes prior discussions concerning the same Services.
If a specific written proposal or statement of work conflicts with this Agreement, the more specific agreed term will control for that project.
36. Electronic Acceptance
The parties may accept this Agreement electronically.
Electronic copies and counterparts may be treated as originals to the extent permitted by applicable law.
37. Severability
If any provision of this Agreement is found unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permitted by law or, if necessary, severed. The remaining provisions will remain in effect.
38. Survival
Any provisions that by their nature should continue after completion, cancellation, or termination of the Services will survive, including provisions concerning ownership, unpaid payment obligations, confidentiality, disclaimer of warranties, limitation of liability, indemnification, and governing law and venue.
39. Notices
Notices under this Agreement may be provided by email to the email addresses identified in the applicable proposal, statement of work, invoice, or signature block.
A notice sent by email will be considered given when sent, provided the sender does not receive an automated notice that delivery failed.
Care-plan cancellation notices must be sent to help@jacobwebsites.com as provided in Section 22.
Each party is responsible for notifying the other of changes to its notice email address.
40. Assignment
Client may not assign or transfer this Agreement or its rights or obligations under this Agreement without Provider's prior written consent.
Provider may use employees, independent contractors, or service providers to perform portions of the Services while remaining responsible for Provider's obligations under this Agreement.
41. Waiver
A party's failure or delay in enforcing any provision of this Agreement does not waive that provision or the right to enforce it later.
Any waiver must be in writing and applies only to the specific circumstance for which it is given.
Client
Business Name: ______________________________
Authorized Representative: ______________________________
Title: ______________________________
Email: ______________________________
Selected Project / Service: ______________________________
Project Fee: ______________________________
Care Plan (if any): ______________________________
Monthly Care Fee (if applicable): ______________________________
Effective Date: ______________________________
Client Signature: ______________________________
Date: ______________________________
Jacob Websites
Provider: Jacob Ryan Wainwright, doing business as Jacob Websites
Email: help@jacobwebsites.com
Signature: ______________________________
Date: ______________________________