Terms & Conditions

Last Updated: December 1, 2025

Welcome to Sitepact JA. This website and any mobile application (collectively, this “Site”) is owned and operated by Sitepact JA (“We,” “Us,” “Our,” “Sitepact JA,”, “Sitepact” or “the Company”). We provide website design, development, hosting, and maintenance services (collectively, “Services”) to entrepreneurs and small-to-medium enterprises (“SMEs”) across Jamaica.

By accessing, browsing, or using this Site, or by engaging our Services, purchasing a subscription, or signing any service agreement with us, you (“Client,” “Customer,” “You,” or “Your”) agree to be bound by these Terms and Conditions (“Terms,” “Agreement”). Please read these Terms carefully before using our Services.

If you do not agree with these Terms, you must not use our Site or Services.

Table of Contents

1. Definitions
2. Description of Services
3. Subscription & Payment Terms
4. Automatic Renewal & Billing
5. Intellectual Property Rights
6. Designer Attribution & Branding
7. Client Obligations & Responsibilities
8. Acceptable Use Policy
9. Website Hosting & Maintenance
10. Service Level Agreement
11. Contract Termination & Severance Terms
12. Confidentiality
13. Warranties & Disclaimers
14. Limitation of Liability
15. Indemnification
16. Dispute Resolution
17. Modifications to Terms
18. General Provisions
19. Contact Information

1. Definitions

For the purposes of this Agreement, the following definitions shall apply:

• “Agreement” means these Terms and Conditions, together with any Order Form, Service Level Agreement, Privacy Policy, and any amendments thereto.
• “Client Content” means all text, images, logos, videos, documents, data, and other materials provided by the Client for use in the Website.
• “Deliverables” means the Website and any associated materials, designs, graphics, or documentation created by Sitepact JA for the Client under this Agreement.
• “Effective Date” means the date the Client accepts these Terms by placing an order, signing a service agreement, or making payment.
• “Monthly Subscription Fee” means the recurring payment amount specified in the Client’s service package for ongoing website hosting, maintenance, and support services.
• “Order Form” means any written or electronic document that specifies the Services to be provided, pricing, and other relevant terms.
• “Pre-existing Materials” means any templates, code libraries, frameworks, plugins, tools, or other materials owned by Sitepact JA prior to or independent of this Agreement.
• “Services” means website design, development, hosting, maintenance, support, and any related services provided by Sitepact JA.
• “Subscription Term” means the period during which the Client is subscribed to and receiving Services under this Agreement.
• “Website” means the website designed and/or developed by Sitepact JA for the Client pursuant to this Agreement.

2. Description of Services

2.1 Our Business Model

Sitepact JA operates on a unique subscription-based model designed to make professional website services accessible to Jamaican entrepreneurs and SMEs. Unlike traditional web development agencies that charge large upfront fees, we offer:

• No Upfront Website Development Costs: We absorb the initial cost of designing and building your website.
• Monthly Subscription Model: You pay an affordable monthly fee that covers hosting, maintenance, security, support, and ongoing updates.
• Comprehensive Service Package: Your subscription includes website design, development, hosting, SSL certificates, security monitoring, regular backups, software updates, and customer support.

2.2 Services Included

Subject to the specific package selected by the Client, our Services may include:

• Custom WordPress website design and development
• Responsive design optimized for desktop, tablet, and mobile devices
• Search Engine Optimization (SEO) foundation
• Website hosting on secure, high-performance servers
• SSL certificate installation and management
• Regular website backups (minimum every 24 hours)
• WordPress core, theme, and plugin updates
• Security monitoring and malware scanning
• Performance optimization
• Technical support via email and phone/WhatsApp
• Content updates as specified in your package
• Business card design (one complimentary design per client)

2.3 Services Not Included

Unless explicitly stated in your Order Form or service package, the following are not included and may be subject to additional fees:

• Domain name registration and renewal fees
• Third-party software, plugin, or service licenses
• Stock photography or premium media assets
• Custom functionality requiring extensive development beyond the agreed scope
• E-commerce payment gateway fees
• Paid advertising or marketing services
• Content writing or copywriting services
• Professional photography or videography

3. Subscription & Payment Terms

3.1 Subscription Plans

Sitepact JA offers various subscription plans as detailed on our website at https://sitepactja.com/pricing/. The specific terms, features, and pricing of your plan will be outlined in your Order Form or service agreement.

3.2 Payment Method

Automatic Credit/Debit Card Billing: All subscription payments must be made via credit card or debit card. By subscribing to our Services, you authorize Sitepact JA to automatically charge your designated payment method on a recurring monthly basis.

We accept the following payment methods:

• Visa
• Mastercard
• Other major credit and debit cards processed through our payment processor

3.3 Payment Authorization

By providing your payment information and subscribing to our Services, you:

• Authorize Sitepact JA to charge the applicable Monthly Subscription Fee to your designated payment method on the billing date each month;
• Represent and warrant that you are authorized to use the designated payment method;
• Agree to keep your payment information current and accurate;
• Acknowledge that you are responsible for any fees charged by your financial institution in connection with our charges;
• Understand that this authorization will remain in effect until you cancel your subscription in accordance with these Terms.

3.4 Billing Cycle

Your billing cycle begins on the date your website goes live or the date specified in your Order Form. Subsequent payments will be charged on the same date each month. If your billing date falls on a day not contained in a given month (e.g., the 31st), you will be billed on the last day of that month.

3.5 Failed Payments

If your automatic payment fails for any reason:

• We will attempt to process the payment again within 3-5 business days;
• You will be notified by email of the failed payment;
• If payment is not received within 7 days of the original due date, your website will be suspended;
• If payment is not received within 30 days, we reserve the right to terminate your Services to save cost on our server usage.

3.6 Price Changes

We reserve the right to change our subscription prices at any time. Any price changes will:

• Be communicated to you at least 30 days in advance via email;
• Take effect at the start of your next billing cycle following the notice period;
• Not apply retroactively to amounts already paid.

If you do not agree with a price change, you may cancel your subscription before the new price takes effect, subject to the Severance Terms.

3.7 No Refunds

All subscription fees are non-refundable. Once a payment has been processed, it cannot be refunded, except:

• Where required by applicable consumer protection law;
• Where Sitepact JA has materially breached this Agreement and failed to remedy such breach within a reasonable cure period;
• At Sitepact JA’s sole discretion in exceptional circumstances.

4. Automatic Renewal & Billing

IMPORTANT: Your subscription will automatically renew each month until you cancel. You must cancel your subscription in accordance with Section 11 to stop future charges.

4.1 Automatic Renewal

Your subscription to Sitepact JA Services is continuous and will automatically renew on a month-to-month basis. By subscribing, you acknowledge and agree that:

• Your subscription will continue indefinitely until cancelled;
• You will be charged the applicable Monthly Subscription Fee each month;
• You will receive a payment confirmation via email following each successful charge.

4.2 Updating Payment Information

You are responsible for maintaining current, valid payment information. To update your payment method, log into your account and update your payment details in the Payment Method section. Changes to your payment method will take effect within 24-48 hours.

4.3 Cancellation of Automatic Billing

To cancel automatic billing and your subscription, please refer to the termination procedures outlined in Section 11 (Contract Termination & Severance Terms).

5. Intellectual Property Rights

5.1 Client Ownership of Website Assets

Subject to the terms of this Agreement and upon full payment of all fees (including any applicable severance fees upon termination as outlined in our Severance Terms), the Client shall own:

• All custom graphics, logos, and visual designs created specifically for the Client’s Website;
• All original written content created specifically for the Client’s Website;
• All Client Content provided by the Client;
• The overall visual design and layout of the Website as a completed work;
• Any custom functionality developed exclusively for the Client.

5.2 Sitepact JA Retained Rights

Notwithstanding the above, Sitepact JA retains all rights, title, and interest in:

• Pre-existing Materials: All templates, themes, frameworks, code libraries, plugins, development tools, and methodologies owned or licensed by Sitepact JA prior to or independent of this Agreement;
• General Knowledge: Any skills, techniques, concepts, ideas, or know-how acquired or developed during the provision of Services;
• Background Technology: Any software, tools, or systems used to create, deploy, or maintain the Website;
• Third-Party Materials: Any materials, plugins, themes, or software licensed from third parties.

5.3 License to Use Pre-existing Materials

To the extent that any Pre-existing Materials are incorporated into the Client’s Website, Sitepact JA grants the Client a non-exclusive, non-transferable, royalty-free license to use such materials solely as part of the Website and for the Website’s intended purpose, subject to the Client’s continued compliance with this Agreement.

5.4 Third-Party Licenses

The Client acknowledges that the Website may incorporate third-party software, plugins, themes, or other materials that are subject to separate license terms. The Client agrees to comply with all applicable third-party license terms.

5.5 Transfer of IP Upon Termination

Important: Full ownership rights to Website assets shall only transfer to the Client upon:

• Completion of all payments due under this Agreement;
• Payment of any applicable severance fees as outlined in our Severance Terms;
• Formal termination of the Agreement in accordance with these Terms.

Until such conditions are met, all Website assets remain the property of Sitepact JA.

5.6 Portfolio Rights

The Client grants Sitepact JA the right to:

• Display the Website in our portfolio, on our website, and in marketing materials;
• Use screenshots, descriptions, and the Client’s business name for promotional purposes;
• Reference the project in case studies, award submissions, and client testimonials.

If you wish to opt out of portfolio usage, please notify us in writing. Opt-out requests may be subject to a one-time fee.

6. Designer Attribution & Branding

Why Attribution Matters: Our no-upfront-cost business model is made possible in part through the marketing value of designer attribution. Footer credits help potential clients discover our services, which in turn allows us to continue offering affordable website solutions to Jamaican businesses.

6.1 Mandatory Attribution

All websites designed, developed, and/or maintained by Sitepact JA shall display a small, unobtrusive designer credit in the website footer. The Client agrees and acknowledges that:

• This attribution is a mandatory component of all standard service packages;
• The attribution helps support our affordable pricing model;
• The credit serves as a form of marketing that benefits the broader Jamaican business community by enabling us to continue our mission.

6.2 Attribution Format

The standard attribution shall:

• Be displayed in the footer section of each page of the Website;
• Be in a format substantially similar to: “Designed by Sitepact JA” or “Website by Sitepact JA”;
• Include a hyperlink to https://sitepactja.com;
• Be styled consistently with the Website’s footer design (font, size, and color);
• Be visible but unobtrusive, not detracting from the Client’s brand or user experience.

6.3 Client Obligations Regarding Attribution

The Client agrees to:

• Not remove, alter, obscure, or disable the attribution without prior written approval from Sitepact JA;
• Not instruct any third party to remove, alter, or obscure the attribution;
• Notify Sitepact JA immediately if the attribution is accidentally removed or altered during any website updates;
• Restore the attribution promptly if it is removed for any reason without approval.

6.4 Removal of Attribution

Clients may request removal of the designer attribution, subject to the following conditions:

• Written Request: The request must be submitted in writing to support@sitepactja.com;
• Approval: Removal is subject to written approval from Sitepact JA (approval is at our sole discretion);
• Branding Removal Fee: A one-time branding removal fee of $200 USD is payable upon approval;
• Continued Subscription: The Client must remain in good standing with an active subscription to be eligible for attribution removal.

6.5 Consequences of Unauthorized Removal

If the Client removes the attribution without prior written approval:

• The Client will be invoiced the branding removal fee of $200 USD;
• Failure to pay within 14 days may result in suspension of Services;
• Repeated unauthorized removal may be considered a material breach of this Agreement, entitling Sitepact JA to terminate the Agreement and pursue applicable remedies.

6.6 Sitepact JA’s Right to Request Removal

Sitepact JA reserves the right to request removal of the attribution from any Website at any time. Such requests may be made if:

• The Client significantly alters the Website design in a manner that no longer reflects Sitepact JA’s work;
• The Website contains content that could harm Sitepact JA’s reputation;
• The Agreement has been terminated.

7. Client Obligations & Responsibilities

7.1 Provision of Content

The Client is responsible for providing all necessary content for the Website, including but not limited to:

• Business information, descriptions, and service details;
• Images, logos, and other visual assets;
• Contact information and business hours;
• Product or service pricing (if applicable);
• Any other materials required for the Website.

7.2 Content Warranties

By providing content to Sitepact JA, the Client represents and warrants that:

• The Client owns or has obtained all necessary rights, licenses, and permissions to use the content;
• The content does not infringe any third-party intellectual property rights;
• The content does not violate any applicable laws or regulations;
• The content is not defamatory, obscene, threatening, or otherwise harmful;
• Any personal data provided complies with applicable data protection laws.

7.3 Timely Cooperation

The Client agrees to:

• Respond to requests for information, feedback, or approvals within a reasonable timeframe (generally 5-7 business days);
• Designate a primary point of contact for all project communications;
• Attend scheduled meetings and provide timely feedback on designs and drafts;
• Notify Sitepact JA promptly of any changes to business information or requirements.

7.4 Delays Caused by Client

If the Client fails to provide required content, feedback, or approvals in a timely manner:

• Project timelines may be extended accordingly;
• Billing will commence 30 days after development begins, regardless of project completion, if delays are caused by the Client;
• Sitepact JA shall not be liable for any resulting delays or additional costs.

7.5 Account Security

The Client is responsible for:

• Maintaining the confidentiality of any login credentials provided;
• All activities that occur under the Client’s account;
• Notifying Sitepact JA immediately of any unauthorized access or security breach.

8. Acceptable Use Policy

8.1 Prohibited Uses

The Client agrees not to use the Services or Website for any purpose that is:

• Illegal: Violates any local, national, or international law or regulation;
• Harmful: Promotes violence, harassment, discrimination, or illegal activities;
• Fraudulent: Involves deceptive practices, scams, or misrepresentation;
• Infringing: Violates intellectual property rights of third parties;
• Malicious: Distributes malware, viruses, or other harmful code;
• Spamming: Sends unsolicited bulk communications;
• Exploitative: Involves exploitation of minors or any form of child abuse material.

8.2 Prohibited Content

The following types of content are strictly prohibited on any Website we host:

• Adult or sexually explicit content (unless specifically agreed in writing);
• Content promoting illegal drugs or controlled substances;
• Gambling content (unless properly licensed);
• Hate speech or content promoting discrimination;
• Content that infringes third-party rights;
• Phishing pages or deceptive content;
• Any content that violates Jamaican law.

8.3 Consequences of Violation

Violation of this Acceptable Use Policy may result in:

• Immediate suspension of Services without notice;
• Removal of offending content;
• Termination of this Agreement;
• Reporting to appropriate authorities;
• Liability for any damages or costs incurred by Sitepact JA.

9. Website Hosting & Maintenance

9.1 Hosting Services

As part of your subscription, Sitepact JA provides website hosting on secure, professionally managed servers. Our hosting includes:

• Reliable server infrastructure with 98.5% uptime guarantee (see our Service Level Agreement);
• SSL certificate for secure connections;
• Regular security monitoring and malware scanning;
• Automatic backups performed every 24 hours;
• Backup retention for a minimum of 2 weeks;
• Server-level optimization for WordPress performance.

9.2 Maintenance Services

Our maintenance services include:

• WordPress core updates;
• Theme and plugin updates;
• Security patches;
• Database optimization;
• Spam and revisions cleanup;
• Performance monitoring;
• Technical support.

9.3 Backup and Recovery

While we maintain regular backups, the Client acknowledges that:

• Backups are for disaster recovery purposes;
• Backup restoration is available upon request;
• We recommend the Client maintain their own independent backups of critical data;
• Sitepact JA is not liable for any data loss beyond the scope of our backup retention period.

10. Service Level Agreement

Our complete Service Level Agreement, including uptime guarantees, support response times, compensation terms, and exclusions, is available at: https://sitepactja.com/terms-and-conditions/service-level-agreement/

The Service Level Agreement is incorporated into and forms part of this Agreement.

11. Contract Termination & Severance Terms

Why Severance Fees Exist: Sitepact JA invests significant resources upfront to design and build your website at no initial cost to you. Our severance terms protect this investment and prevent abuse of our service model. They allow us to continue offering affordable website services to Jamaican entrepreneurs.

Our complete Severance Terms, including detailed fee schedules and termination procedures, are available at: https://sitepactja.com/terms-and-conditions/severance-terms/

11.1 Client’s Right to Cancel

The Client may cancel their subscription and terminate this Agreement at any time for any reason by logging into their account and cancelling the subscription. No explanation is required.

11.2 Severance Fees

Upon termination initiated by the Client, the following severance fees apply based on the length of the subscription:

11.3 What Happens Upon Termination

Upon termination and payment of any applicable severance fees:

• Sitepact JA will provide all website files and assets in a restorable backup file;
• The Client will be responsible for obtaining their own hosting and maintenance services;
• Ownership of Website assets will transfer to the Client as outlined in Section 5;
• All login credentials and access will be transferred to the Client;
• Sitepact JA’s ongoing obligations under this Agreement will cease.

11.4 Effect of Non-Payment of Severance Fees

If the Client terminates the Agreement but does not pay the applicable severance fee:

• Website files and assets will not be transferred;
• Ownership rights will not transfer to the Client;
• The Client will not receive access to backups or files;
• Sitepact JA may pursue collection of outstanding amounts;
• The website will be taken offline.

11.5 Termination by Sitepact JA

Sitepact JA may terminate this Agreement:

• For Cause: Immediately upon written notice if the Client breaches any material term of this Agreement, including non-payment exceeding 30 days or violation of the Acceptable Use Policy;
• For Convenience: Upon 30 days’ written notice for any reason. In this case, no severance fee shall be charged, and website files will be provided to the Client at no cost.

12. Confidentiality

12.1 Definition

“Confidential Information” means any non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.

12.2 Obligations

Both parties agree to:

• Maintain the confidentiality of all Confidential Information;
• Use Confidential Information only for purposes related to this Agreement;
• Not disclose Confidential Information to third parties without prior written consent;
• Take reasonable precautions to protect Confidential Information.

12.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party;
• Was rightfully known before disclosure;
• Is independently developed without use of Confidential Information;
• Is rightfully obtained from a third party without restriction;
• Must be disclosed by law or legal process.

13. Warranties & Disclaimers

13.1 Sitepact JA Warranties

Sitepact JA warrants that:

• Services will be performed in a professional and workmanlike manner;
• We have the right to provide the Services described herein;
• The Website will substantially conform to the agreed specifications;
• We will use commercially reasonable efforts to keep the Website operational.

13.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SITEPACT JA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13.3 No Guarantee of Results

Sitepact JA does not guarantee:

• Any specific business results, sales, or revenue;
• Any specific search engine rankings or visibility;
• That the Website will meet all of the Client’s expectations;
• Uninterrupted or error-free operation of the Website.

14. Limitation of Liability

14.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SITEPACT JA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF THE CAUSE OF ACTION OR WHETHER SITEPACT JA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap on Liability

IN NO EVENT SHALL SITEPACT JA’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CLIENT TO SITEPACT JA DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14.3 Exceptions

The limitations in this section shall not apply to:

• Damages arising from gross negligence or willful misconduct;
• Liability that cannot be limited under applicable law;
• Breaches of confidentiality obligations;
• Indemnification obligations.

15. Indemnification

15.1 Client Indemnification

The Client agrees to indemnify, defend, and hold harmless Sitepact JA, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

• Client Content or any materials provided by the Client;
• The Client’s breach of any representation, warranty, or obligation under this Agreement;
• The Client’s violation of any applicable law or third-party rights;
• Any claim that Client Content infringes intellectual property rights;
• The Client’s use of the Website or Services in violation of this Agreement.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating any formal dispute resolution, the parties agree to attempt to resolve any dispute informally by contacting each other in writing and negotiating in good faith for at least thirty (30) days.

16.2 Mediation

If informal resolution is unsuccessful, the parties agree to submit the dispute to mediation administered by a mutually agreed mediator in Kingston, Jamaica, before pursuing any other form of dispute resolution.

16.3 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Jamaica, without regard to its conflict of laws principles.

16.4 Jurisdiction

Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts of Jamaica, and the parties hereby consent to personal jurisdiction and venue therein.

17. Modifications to Terms

17.1 Right to Modify

Sitepact JA reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website or upon notification to the Client, whichever occurs first.

17.2 Notification of Changes

For material changes to these Terms, we will:

• Provide notice via email to the Client’s registered email address;
• Update the “Last Updated” date at the top of this document;
• Provide at least 30 days’ notice before changes take effect.

17.3 Acceptance of Changes

Continued use of the Services after changes take effect constitutes acceptance of the modified Terms. If the Client does not agree to any changes, the Client may terminate the Agreement in accordance with Section 11, subject to the Severance Terms.

18. General Provisions

18.1 Entire Agreement

This Agreement, together with the Privacy Policy, Service Level Agreement, Severance Terms, any Order Forms, and any other documents expressly incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements.

18.2 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18.3 Waiver

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Sitepact JA’s failure to assert any right or provision shall not constitute a waiver.

18.4 Assignment

The Client may not assign this Agreement or any rights hereunder without Sitepact JA’s prior written consent. Sitepact JA may assign this Agreement to any successor in interest or affiliate.

18.5 Notices

All notices under this Agreement shall be in writing and sent to:

• Sitepact JA: support@sitepactja.com
• Client: The email address provided at registration or the most recent email address on file.

18.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18.7 Independent Contractors

The relationship between the parties is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship.

18.8 Survival

The following sections shall survive termination of this Agreement: Intellectual Property Rights, Confidentiality, Warranties & Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.

18.9 Electronic Acceptance

By using our Services, making a payment, or checking any acceptance box, the Client acknowledges that they have read, understood, and agree to be bound by these Terms. Electronic acceptance shall have the same force and effect as a written signature.

19. Contact Information

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

Sitepact JA
Email: support@sitepactja.com
Website: https://sitepactja.com

Related Documents:

• Privacy Policy
• Service Level Agreement
• Severance Terms