1. Agreement to These Terms
These Terms of Service (“Terms”) govern your access to and use of the website, subscriptions, customer portal, website design, development, hosting coordination, maintenance, content assistance, automation, and related services provided by 904Web (“904Web,” “we,” “us,” or “our”). By submitting a project, purchasing a service, accepting a proposal, approving work, or using our services, you agree to these Terms and any written order, proposal, statement of work, or service agreement that references them.
If a signed proposal or statement of work conflicts with these Terms, the signed document controls for that project.
2. Eligibility and Business Authority
You must be at least 18 years old and have authority to act for the business or organization purchasing the services. You represent that the information you provide is accurate and that you are authorized to provide all content, credentials, domains, brand assets, and instructions submitted to us.
3. Services and Scope
We provide services described on our website or in your proposal. Plans may include a defined number of pages, routine edits, maintenance, backups, forms, analytics, search optimization, hosting resources, or support time. Features outside the selected plan—including additional pages, custom integrations, advanced automation, e-commerce configuration, data migration, copywriting, accessibility remediation, custom code, or emergency work—may require a separate quote.
Website previews, demonstrations, mockups, AI-generated drafts, and initial concepts are planning tools and are not final deliverables unless expressly approved and included in the project scope.
4. Fees, Setup Charges, and Subscriptions
Website plans start at the advertised monthly amount, but setup fees, premium plugins, themes, stock assets, third-party subscriptions, hosting overages, messaging usage, payment-processing fees, taxes, custom development, and other charges may apply. Prices and included features are shown at checkout or in the applicable proposal.
Recurring plans automatically renew at the stated billing interval until canceled. You authorize us and our payment processor to charge the payment method on file for recurring fees, approved one-time charges, taxes, and applicable usage. Failed payments may result in reminders, retries, suspension, restricted access, or termination.
Except where required by law or stated in a written refund policy, setup fees, completed work, domain purchases, licenses, usage charges, and previously billed subscription periods are nonrefundable. Canceling stops future renewal charges but does not erase amounts already due.
5. Customer Responsibilities
- Provide timely, accurate content, feedback, approvals, account access, and business information.
- Maintain ownership and renewal of domains unless a written agreement says otherwise.
- Review all copy, pricing, claims, disclosures, policies, forms, and legal requirements before launch.
- Obtain rights and permissions for all text, photos, logos, trademarks, customer lists, and other materials supplied to us.
- Comply with privacy, advertising, accessibility, consumer-protection, industry, licensing, and other laws applicable to your business.
- Secure your own user accounts, devices, passwords, and multi-factor authentication.
Delays in access, content, feedback, approvals, or payment may extend delivery dates.
6. Content Assistance, AI, and Customer Approval
We may use templates, automation, and artificial intelligence to help draft page structures, headlines, descriptions, FAQs, metadata, images, code suggestions, or other project materials. AI-assisted output may contain errors, omissions, similarities, or unsuitable statements. We review work according to the purchased scope, but you remain responsible for confirming factual accuracy, pricing, warranties, professional claims, regulated statements, and legal compliance.
You approve content and functionality by written approval, portal approval, payment tied to an approved milestone, or instructing us to publish. After approval or launch, substantive changes may count against included edit time or be billed separately.
7. Domains, Hosting, Email, and Third-Party Services
Whenever practical, the customer should remain the registered owner of its domain. We may connect DNS, migrate websites, configure SSL, or coordinate hosting, but third-party providers control their own systems, pricing, availability, security, and policies. We are not responsible for a registrar, hosting provider, payment processor, email service, plugin, API, social platform, or other third party.
Changing DNS can affect websites and email. You must disclose existing email services and DNS records before changes. We will use reasonable care but cannot guarantee uninterrupted propagation or third-party availability.
Premium themes, plugins, fonts, stock media, and SaaS tools may be licensed rather than owned and may require continuing payment. If a subscription ends, licensed functionality or updates may stop.
8. Revisions, Maintenance, and Support
Each plan includes only the revision rounds, routine edit time, support channel, and response targets stated in the plan or proposal. Routine edits generally mean changes to existing text, images, links, hours, and similar content. New layouts, pages, features, integrations, redesigns, migrations, troubleshooting caused by third parties, or custom development are not routine edits.
Maintenance reduces risk but does not eliminate vulnerabilities, malware, incompatibilities, downtime, data loss, or attacks. We may delay an update when we reasonably believe it could cause incompatibility or disruption.
9. Ownership and Licenses
You retain ownership of materials you owned before the project and grant us a license to use them to perform the services. After full payment, you receive the ownership or usage rights described in your proposal for custom deliverables created specifically for you.
We retain ownership of preexisting tools, reusable code, frameworks, methods, templates, know-how, automation systems, internal libraries, and generalized improvements. We may reuse those materials for other projects. Third-party items remain subject to their licenses.
Unless you request confidentiality in writing before launch, we may identify you as a customer and display public-facing work in our portfolio, proposals, or marketing.
10. Cancellation, Suspension, and Offboarding
You may cancel recurring service through the available billing or support method. Cancellation takes effect at the end of the paid billing period unless otherwise stated. We may suspend or terminate services for nonpayment, abuse, unlawful activity, security risk, material breach, or conduct that harms our systems, staff, customers, or providers.
Upon cancellation, you are responsible for arranging replacement hosting, licenses, email, maintenance, and integrations. Subject to full payment and the applicable plan, we may provide a reasonable export of customer-owned website files or data. Migration, cleanup, custom export work, and third-party transfer fees may be billed separately. Backups may be deleted after the retention period stated in the applicable plan or notice.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not guarantee search rankings, sales, leads, traffic, revenue, uninterrupted availability, compatibility with every device or third-party service, approval by app stores or payment providers, or that a website will be free from all errors or security threats.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 904WEB WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL LIABILITY ARISING FROM A CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE MONTHS BEFORE THE EVENT, OR $100, WHICHEVER IS GREATER, EXCEPT WHERE A DIFFERENT LIMIT IS REQUIRED BY LAW.
13. Indemnification
You agree to defend, indemnify, and hold harmless 904Web and its owners, personnel, contractors, and providers from claims, damages, losses, liabilities, and expenses arising from your content, products, services, instructions, legal violations, customer relationships, misuse of the services, or breach of these Terms.
14. Governing Law and Disputes
These Terms are governed by Florida law, without regard to conflict-of-law principles. Before filing a formal claim, each party agrees to give written notice and attempt in good faith to resolve the dispute informally for at least 30 days. Unless prohibited by law or changed in a signed agreement, disputes will be brought in the state or federal courts serving Duval County, Florida, and each party consents to that jurisdiction.
15. General Terms
You may not assign these Terms without our written consent. We may assign them as part of a reorganization, financing, merger, sale, or transfer of business. If a provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. Electronic communications and approvals satisfy writing requirements where permitted by law.
We may update these Terms prospectively by posting a revised version and effective date. Material changes affecting an active subscription may be communicated through email, billing notice, or the customer portal.
16. Contact
904Web
Jacksonville, Florida
Email: [email protected]