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Terms of Service

MASTER TERMS OF SERVICE & CLIENT AGREEMENT

MyFlatCMS – Fully Managed Website Design

Provider: MyFlatCMS (myflatcms.com) ("Provider", "We", "Us", "Our")

These Terms of Service ("Agreement") outline the legal and operational terms regarding the design, development, hosting, and management of websites delivered by MyFlatCMS. By requesting, purchasing, or using our services, you ("Client", "You", "Your") agree to be bound by this Agreement.

1. Service Description

MyFlatCMS provides a "Fully Managed Website Design" service. This includes the initial design and development of the website using our proprietary FlatCMS platform, ongoing server hosting, security maintenance, and platform updates. The Client is responsible for purchasing, renewing, and maintaining ownership of their custom domain name at their own expense, and pointing it to the nameservers specified by MyFlatCMS.

2. Roles, Access, and Account Types

To ensure the structural integrity and security of the website, access is divided into two distinct tiers based on the FlatCMS capability matrix:

  • Editor Access (Client): The Client is granted an Editor account. Editors have full control over day-to-day content management. This includes editing text and images, changing site colors and fonts, reordering existing sections, managing the media library, and publishing updates.
  • Administrator Access (MyFlatCMS): MyFlatCMS retains exclusive Administrator access. Administrators handle all technical settings, structural changes (adding or deleting entire pages), installing or removing core Utilities/Add-ons, managing user accounts, and configuring multi-language settings.
  • Note: If the Client requires structural changes beyond Editor capabilities, they must submit a request to MyFlatCMS, which may be subject to additional development fees.

3. Intellectual Property & Software License

  • 3.1 Client Ownership of Content: The Client retains 100% ownership of all custom text, logos, branding assets, and media files uploaded or created specifically for this website.
  • 3.2 MyFlatCMS Ownership of the Platform: The website is powered by FlatCMS, a proprietary flat-file content management system owned exclusively by MyFlatCMS. This includes the application source code, the underlying framework, the design templates, and all server-side infrastructure. The Client has no ownership claim over any part of the FlatCMS platform.
  • 3.3 Conditional License to Use: The Client is granted a non-exclusive, non-transferable license to use the FlatCMS platform solely to operate the live website on the single designated domain specified in this Agreement. This license is valid only for the duration of active, paid service. Should the Client cancel the service or fail to renew their recurring monthly or yearly fees, this license terminates immediately upon the end of the final paid billing cycle, and the website will be taken offline.
  • 3.4 No Source Code Access: Under this Managed Service, the Client interacts with the website exclusively through the Editor Dashboard. The Client does not have, and will not be granted, direct access to the application source code, server file system, FTP, or SSH. Any attempt to gain unauthorized access to the underlying code or server environment constitutes a material breach of this Agreement and will result in immediate termination of service without refund.

4. Pricing, Billing, Discounts, and Plan Migration

  • Setup Fee: A one-time Setup Fee is required to initiate the project based on the chosen plan (e.g., One-Page Setup, Multi Setup). This Setup Fee is strictly non-refundable.
  • Recurring Fees: The Client will be billed for the ongoing Managed Service either Monthly or Yearly, at the rates agreed upon prior to development.
  • Yearly Loyalty Discount: For Clients who choose Yearly billing, the yearly recurring fee will decrease by 10% each consecutive year of continuous service. This discount will compound annually until the fee reaches exactly 50% of the initial yearly rate, at which point the price will stabilize and remain fixed for the lifetime of the account. (Monthly billing does not qualify for this decay discount).
  • Plan Migration: If the Client wishes to upgrade their plan (e.g., moving from a One-Page Setup to a Multi Setup), the Client will only be charged the difference between the new plan’s Setup Fee and the original Setup Fee already paid. The Client will never be charged a full Setup Fee twice.

5. Cancellations and Refunds

  • Client Cancellation: The Client may cancel the Managed Service at any time.
    • Monthly Billing: Cancellation takes effect at the end of the current monthly billing cycle. No further charges will be applied.
    • Yearly Billing: Cancellation takes effect at the end of the current prepaid annual cycle. Prorated refunds for unused months are not provided.
  • Refunds: All Setup Fees and recurring service fees are strictly non-refundable once the service period has begun or development work has commenced.

6. Data Backups, Server Retention, and Limitation of Liability

  • Client Backup Responsibility: The FlatCMS Dashboard automatically generates backup files of the Client's content and media. The Client is strictly responsible for regularly downloading these backups and storing them offline. MyFlatCMS is not responsible for data loss resulting from the Client's failure to maintain offline copies of their content.
  • Server-Side Backups: As a courtesy, MyFlatCMS maintains rolling server-side backups that retain approximately one week (7 days) of recent file states. This is provided for emergency recovery only and is not a guarantee of data retention.
  • Limitation of Liability: To the maximum extent permitted by law, MyFlatCMS shall not be held liable for any direct, indirect, or consequential damages, including but not limited to loss of data, loss of profits, loss of business, or website downtime, regardless of the cause. In the event of a proven failure of service, MyFlatCMS’s total liability shall not exceed the total amount paid by the Client to MyFlatCMS in the three (3) months preceding the claim. We operate under standard web hosting liability limitations.

7. Fair Usage and Resource Limits

The MyFlatCMS Managed Service is designed and optimized for standard small business, professional, and brochure-style website traffic. It is not intended to be used as a high-bandwidth file hosting or sharing service to mass audiences.

While we do not impose strict, published numerical limits on bandwidth or storage, MyFlatCMS reserves the right to monitor resource usage. If a website’s traffic, bandwidth consumption, or server resource usage is deemed by MyFlatCMS, at its sole discretion, to be excessive, abusive, or detrimental to the performance and stability of our infrastructure, we reserve the right to:

  1. Issue a formal warning and request that the usage be reduced.
  2. Temporarily suspend the website to protect server stability.
  3. Terminate the service agreement without refund if the excessive usage continues or constitutes a severe abuse of resources.

Clients anticipating high-traffic, enterprise-level resource consumption, or heavy media distribution should seek dedicated hosting solutions.

8. Acceptable Use and Prohibited Content

The Client agrees not to use the website or our services for any unlawful purpose. Strictly prohibited content includes, but is not limited to: illegal activities, malware, phishing, spam, adult/pornographic material, hate speech, harassment, or copyright-infringing materials.

  • Enforcement: If MyFlatCMS identifies prohibited content, the Client will receive one formal written warning. If the content is not removed or resolved within forty-eight (48) hours, MyFlatCMS reserves the right to immediately suspend and permanently delete the website and all associated data without further notice or refund.

9. Termination by MyFlatCMS

MyFlatCMS reserves the right to terminate this Agreement and cease all hosting and management services for any reason, by providing the Client with a minimum of ninety (90) days written notice. Upon the expiration of the 90-day notice period, the service will be terminated, the license granted in Section 3.3 will end, and all server data associated with the website will be permanently deleted. Any prepaid fees for the period following the termination date will be refunded on a prorated basis, excluding the initial Setup Fee.

10. Electronic Acceptance and Governing Law

By checking the "I have read and agree to these Terms of Service" box during the project request or onboarding process, the Client acknowledges that this electronic acceptance is legally binding and constitutes full agreement to this document. This Agreement shall be governed by the laws of the Kingdom of Cambodia, SE Asia.

September, 2026

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