1. Acceptance of Terms

By accessing or using Jade WebArt's services, you confirm that you are at least 18 years old, have the authority to enter into this agreement (whether on your own behalf or on behalf of a business), and agree to be bound by these Terms and our Privacy Policy.

If you do not agree with any part of these Terms, please do not use our services.

2. Services

Jade WebArt provides website maintenance, digital services, client portal access, support ticket management, digital business cards, and related services as described on our website and in your care plan agreement.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of services.

The specific features and allowances included in your services are defined by the care plan you have selected. Features not included in your plan may be available as paid add-ons.

3. Care Plans and Billing

Plan fees: Care plan fees are billed on a monthly basis in advance. Your plan begins on the date of your first payment and renews automatically each month unless cancelled.

Payment: You authorise us to charge your chosen payment method for the recurring plan fee and any additional services or top-ups you purchase. All fees are in US dollars unless otherwise stated.

Late or failed payments: If a payment fails, we will notify you and attempt to collect payment. Services may be suspended if payment is not received within 7 days of the due date.

Cancellation: You may cancel your plan at any time from your client portal or by contacting us. Cancellation takes effect at the end of your current billing period. We do not provide refunds for unused portions of a billing period.

Plan changes: You may upgrade or downgrade your plan at any time. Upgrades take effect immediately. Downgrades take effect at the start of the next billing period.

Price changes: We may change care plan pricing with at least 30 days' written notice. Continued use of services after a price change takes effect constitutes your acceptance of the new pricing.

4. Support Tickets and Minutes

Minute allowance: Each care plan includes a monthly allowance of support minutes. Minutes represent the time our team spends working on tasks submitted through your support tickets.

Time tracking: All billable work is tracked and logged in your client portal. You can view your minute balance and ticket history at any time.

Unused minutes: Unless your plan specifically states otherwise, unused minutes do not roll over to the following month.

Top-ups: If your minute balance is exhausted, additional minutes may be purchased as a top-up through your portal. We will not continue work beyond your balance without your authorisation.

Low-balance notifications: We will send automated notifications when your minute balance drops below your plan's threshold. It is your responsibility to monitor your balance and purchase top-ups as needed.

Disputed charges: If you believe a time charge is incorrect, you must raise the dispute within 30 days of the charge by submitting a support ticket. We will review and respond within 5 business days.

5. Digital Business Cards

Your content: You are solely responsible for the information you publish on your digital business card. You must not include false, misleading, defamatory, infringing, or unlawful content.

Availability: Your digital card is active for as long as your care plan is active. If your plan is cancelled or suspended, your card may be deactivated. We are not liable for any loss of business or contacts resulting from card deactivation.

Self-service edits: Edits you make directly to your card through the client portal do not consume plan minutes. Edits made by our team on your behalf are billable tasks.

Public visibility: Your digital card is publicly accessible to anyone with your card link or QR code. Do not include sensitive personal or financial information on your card.

6. Client Responsibilities

You agree to:

• Provide accurate and up-to-date information when registering and using our services
• Keep your portal login credentials secure and notify us immediately if you suspect unauthorised access
• Provide timely responses when we are waiting on your input to complete a support task
• Ensure you have the rights to any content, images, or materials you ask us to use on your website
• Use our services only for lawful purposes and in compliance with applicable laws
• Not attempt to reverse engineer, copy, or misuse the client portal or any part of our platform

You are responsible for maintaining appropriate backups of your website content. While we perform routine maintenance, we are not liable for data loss caused by factors outside our reasonable control.

7. Intellectual Property

Your content: You retain ownership of all content, images, copy, and materials you provide to us. By submitting content, you grant us a limited licence to use it solely for the purpose of providing the services you have requested.

Our work product: Custom design, code, and creative work produced by Jade WebArt for your website becomes your property upon full payment of all associated fees, unless otherwise agreed in writing.

Our platform: The Jade WebArt platform, client portal, branding, and documentation are our intellectual property. You may not copy, reproduce, or use them outside of your normal use of our services.

Portfolio use: We reserve the right to display work we have completed for you in our portfolio unless you request otherwise in writing.

8. Confidentiality

We treat all information you share with us as confidential. We will not disclose your business information, website credentials, or proprietary data to third parties except as required to deliver our services or as required by law.

Our team members and contractors are bound by confidentiality obligations. Any credentials or sensitive information stored in your Platform Manager are encrypted and accessible only to authorised personnel.

9. Limitation of Liability

Our services are provided "as is." While we strive for high quality and reliability, we do not guarantee that our services will be error-free, uninterrupted, or meet every specific requirement.

To the fullest extent permitted by law, Jade WebArt's total liability to you for any claim arising from or related to our services shall not exceed the total fees you paid in the three months immediately preceding the event giving rise to the claim.

We are not liable for any indirect, incidental, consequential, or punitive damages, including loss of revenue, loss of data, or loss of business opportunity, even if we have been advised of the possibility of such damages.

10. Termination

By you: You may cancel your plan at any time. Upon cancellation, your access to the client portal and services will continue until the end of the current billing period.

By us: We may suspend or terminate your account if you violate these Terms, fail to pay fees after due notice, or engage in behaviour that is harmful to our team, other clients, or the platform. We will provide reasonable notice before termination unless the situation requires immediate action.

After termination: Upon termination, your digital card will be deactivated and your portal access will be removed. You are responsible for exporting any data you need before termination takes effect. We will retain your data for 90 days post-termination before deletion.

11. Disputes and Governing Law

These Terms are governed by the laws of the State of Illinois, USA, without regard to its conflict of law principles.

If you have a dispute with us, please contact us first so we can try to resolve it informally. If we cannot reach a resolution within 30 days, either party may pursue formal legal action.

Any legal proceedings arising from these Terms shall be brought in the courts of Illinois, USA, and you consent to the personal jurisdiction of those courts.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page and notify you by email or through the client portal at least 14 days before the changes take effect.

Your continued use of our services after changes take effect constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may cancel your plan before they take effect.

13. Contact Us

If you have questions about these Terms, please contact us:

• Email: support@jadewebart.com
• Website: jadewebart.com
• Location: Illinois, USA