Terms Of Servicce

1. Introduction

Welcome to Jaabsha Marketing ("we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of www.jaabshamarketing.com and all related services (collectively, the "Services") provided by Jaabsha Marketing. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.

2. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you have the legal capacity to enter into these Terms.

3. Service Description

Jaabsha Marketing provides website design, digital marketing, and related services for businesses. Our Services include, but are not limited to:

Website design and development

Digital marketing services

Search engine optimization

Social media management

Automated business solutions

Google review management

AI voice assistant services

Email marketing services

Text messaging services

4. Account Registration and Security

4.1 Account CreationTo access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account SecurityYou are responsible for safeguarding the password and all activities that occur under your account. You agree to:- Choose a strong, unique password- Keep your login credentials confidential- Notify us immediately of any unauthorized use of your account- Log out of your account at the end of each session

4.3 Account ResponsibilityYou are fully responsible for all activities that occur under your account, whether or not you authorized such activities. We will not be liable for any loss or damage arising from your failure to comply with this section.

5. Payment Terms

5.1 Fees
Prices for our Services are posted on our website or provided in a custom quote. All fees are in US Dollars unless otherwise specified.

5.2 Payment Schedule

- Setup fees are due upon signing of service agreement

- Monthly recurring fees are billed in advance on the same date each month

- One-time project fees are due according to the payment schedule in your service agreement

5.3 Payment Methods
We accept major credit cards, ACH transfers, and other payment methods as specified during checkout.

5.4 Late Payments Late payments may result in:

- Late fees of $25 or 1.5% per month (whichever is greater)

- Suspension of services until payment is received

- Termination of services for accounts more than 30 days past due

5.5 Refunds
Refunds are handled according to our refund policy as outlined in your service agreement. Setup fees and completed work are generally non-refundable.

5.6 Taxes
You are responsible for any applicable taxes, duties, or fees related to your use of our Services.

6. Client Responsibilities

As a client, you are responsible for:

6.1 Information and Materials
- Providing timely and accurate information necessary to complete your project
- Ensuring you have proper rights to any content you provide to us (including text, images, logos, etc.)
- Providing feedback and approvals within specified timeframes

6.2 Legal Compliance

- Compliance with all applicable laws regarding your website content and marketing practices
- Ensuring your business practices comply with industry regulations
- Obtaining necessary licenses or permits for your business operations

6.3 Website Maintenance - Maintaining and updating your website content after launch (unless you've purchased ongoing maintenance services)
- Regularly backing up your website data
- Keeping software and plugins updated (if managing your own hosting)

6.4 Communication - Responding to our communications in a timely manner
- Notifying us of any changes to your business that may affect our services
- Providing constructive feedback during the development process

6.5 Payment Obligations - Making payments according to the agreed schedule
- Notifying us of any billing disputes within 30 days

7. Intellectual Property Rights

7.1 Your Content

You retain ownership of all content, materials, and intellectual property you provide to us ("Client Content"). By providing Client Content, you grant us a limited, non-exclusive license to use, modify, and display such content solely for the purpose of providing our Services.

7.2 Our Content

All content, features, and functionality of our Services, including but not limited to:

- Website designs and templates we create

- Our proprietary software and tools

- Our business processes and methodologies

Marketing materials and documentation are owned by Jaabsha Marketing and protected by copyright, trademark, and other intellectual property laws.

7.3 Work Product

Upon full payment of all fees:

- You will own the final website design and content we create specifically for you

- We retain ownership of our underlying tools, templates, methodologies, and the builder on which the website was built

- We may showcase your completed project in our portfolio with your permission

7.4 Third-Party Content Some of our Services may include third-party content, plugins, or integrations. Such content remains the property of the respective third parties and is subject to their terms and conditions.

7.5 Prohibited Use

You may not:

- Copy, modify, or distribute our proprietary content without permission

- Reverse engineer our software or processes

- Use our services to create competing products or services

8. Term and Termination

8.1 Term These Terms begin when you first access our Services and continue until terminated in accordance with this section.

8.2 Termination by You

You may terminate your account and these Terms at any time by:

- Providing 30 days written notice for ongoing services

- Completing any outstanding project deliverables

- Paying all outstanding fees and charges

8.3 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice, if:

- You breach any provision of these Terms

- You fail to pay fees when due (after 30 days past due)

- You engage in what Jaabsha Marketing LLC deems to be fraudulent or illegal activities

- We discontinue our Services (with 60 days notice)

8.4 Effect of Termination

Upon termination:

- Your access to our Services will cease immediately

- You remain responsible for all fees incurred prior to termination

- We will provide you with your website files and content (upon request and payment of all outstanding fees)

- Provisions that should survive termination (payment obligations, intellectual property, etc.) will continue to apply

8.5 Data Retention

After termination, we may retain your data for:

- 30 days to allow for potential reactivation

- Longer periods as required by law or legitimate business purposes

- Anonymized data for analytics and service improvement

9. SMS/Text Messaging Services and Communications Consent

SMS Program Terms

By opting into our SMS program, you consent to receive text messages from Jaabsha Marketing regarding:

Website design services and account notifications

Appointment reminders and scheduling confirmations

Marketing communications about our services and special offers

Customer satisfaction surveys and feedback requests

Technical support and service updates

SMS Disclosure

Please note that, subject to end-user opt-in, Jaabsha Marketing will periodically send SMS notifications for website services, account notifications, appointment reminders, and marketing communications. Message frequency may vary. Text "HELP" for more assistance. Text "STOP" to unsubscribe. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

Consent and Opt-Out

Consent is not a condition of purchaseor use of our website design services

You may opt out of promotional SMS communications while continuing to receive essential service-related communications

To opt out, reply "STOP" to any SMS message or contact us at [email protected]

For SMS support, reply "HELP" to any message or contact [email protected]

General Electronic Communications

By using our Services, you also consent to receive other electronic communications from us, including service-related notices, newsletters, and email promotional communications. You may opt out of promotional email communications while continuing to receive essential service-related

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JAABSHA MARKETING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US DURING THE THREE MONTHS PRECEDING THE CLAIM.

11. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.WE DO NOT GUARANTEE THAT:

(A) THE SERVICES WILL MEET YOUR REQUIREMENTS(B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE(C) THE RESULTS FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE(D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED

12. Indemnification

You agree to defend, indemnify, and hold harmless Jaabsha Marketing, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the "Effective Date." Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and Jaabsha Marketing regarding the Services and supersede all prior agreements and understandings.

14.2 Governing Law

These Terms shall be governed by the laws of Texas, without regard to its conflict of law provisions.

14.3 Dispute Resolution

Any dispute arising from these Terms shall be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to binding arbitration in Odessa, TX in accordance with the rules of the American Arbitration Association.

14.4 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

14.5 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14.6 Assignment

You may not assign any of your rights under these Terms without our prior written consent. We may assign our rights to any individual or entity without your consent.

15. Contact Us

If you have any questions about these Terms, please contact us at:Email: [email protected]

Support Email: [email protected]

Website: https://jaabshamarketing.com

Jaabsha Marketing

PO Box 1360

Odessa, TX 79761