Terms of Service

These Terms of Service (“Terms”) explain the conditions governing our website, products, subscriptions and development services.

By purchasing or using our services, you agree to these Terms and any applicable project agreement, subject to your rights under applicable law.

1. About Us

Hashtagz Lab is operated by Hashtagz Marketing Solutions Ltd.

In these Terms, “Hashtagz Lab,” “we,” “us” and “our” refer to the business providing the services.

“You” and “customer” refer to the person or organization purchasing or using our services.

If you purchase on behalf of a business, you confirm that you are authorized to enter into the agreement on its behalf.

2. Our Services

Express Website + System

Our Express package provides a professionally designed, mobile-friendly website connected to one standard business management system.

Pricing:

• One-time setup fee: US$299
• Ongoing subscription: US$27 per month

The package includes:

• A professionally designed website tailored to the customer's business and brand, within the standard Express scope.
• Mobile-responsive design.
• Website content and service management functionality.
• Customer enquiry management.
• One selected standard business management system: Appointments, Orders & Products, or Projects.
• Hosting and routine maintenance during an active subscription.
• Technical support for covered issues.
• One round of standard revisions.

The Express service uses established technical components and ready-made business system functionality.

It does not include unlimited customization, bespoke software development or advanced third-party integrations.

Additional features may require a separate quotation.

Custom Website + System

Custom projects may include specialized website features, multiple workflows, integrations, automations and other advanced functionality.

Pricing, scope, timelines and deliverables are established through an individual proposal or service agreement.

Standalone Business Management Systems

We also provide business management systems independently of a new website.

Features, pricing, support arrangements and delivery terms are agreed individually.

3. Pricing and Payment

For the Express Website + System package:

• The US$299 setup fee is payable when placing the order.
• The first US$27 subscription payment is due one calendar month after the initial payment.
• The subscription then renews monthly on the applicable billing anniversary.
• The recurring subscription covers the services included in the customer's selected plan.

The applicable payment dates, charges and any taxes will be displayed during checkout.

Domain registration and renewal fees are not included in the Express package.

For custom projects, payment schedules are agreed individually and documented in the applicable proposal or agreement.

Payments may be processed through authorized third-party payment providers. The identity of the payment merchant and any legally required payment disclosures will be provided through the relevant checkout or transaction documentation.

4. Project Onboarding

Customers must complete the required onboarding process and provide the information necessary to build their website or system.

This may include:

• Business name and contact information.
• Logo, brand colors and other brand assets.
• Business descriptions, services and prices.
• Product information, images and website content.
• Preferred system configuration.
• Domain access, where applicable.

Customers are responsible for providing accurate information and ensuring they have the right to use any submitted content or materials.

Missing information, incorrect details or delayed responses may affect project delivery.

5. Seven-Business-Day Express Delivery Guarantee

Our Express service is designed to be delivered within seven business days after the customer has submitted all required business information and onboarding materials.

The delivery countdown does not begin on the payment date unless all required onboarding information has also been received and the standard project scope has been confirmed.

The delivery period begins once:

1. The initial payment has been successfully processed.
2. All required onboarding information and materials have been submitted.
3. Any necessary access or permissions have been provided.
4. The project has been confirmed as eligible for the standard Express package.

We will communicate the confirmed project start date.

Delivery means the agreed standard website and selected business system have been completed and made available for customer review or launch, as applicable.

External factors, such as domain propagation, third-party service interruptions and customer approval delays, may affect public launch timing.

If We Miss the Deadline

If Hashtagz Lab fails to deliver within the guaranteed period due to a delay within our reasonable control, the customer may choose to:

• Continue with the project and receive the completed website and system; or
• Cancel the project and receive a refund of the US$299 setup fee.

The refund option applies when the customer no longer wishes to proceed because of the qualifying delay.

The guarantee does not apply to delays caused by incomplete onboarding, missing content, delayed customer responses, customer-requested scope changes or circumstances outside our reasonable control.

Any pause or adjustment to the delivery timeline will be communicated to the customer.

This guarantee does not limit statutory rights or remedies that may apply.

6. Revisions

The Express package includes one round of standard revisions.

Customers must submit their included revision requests within seven business days after receiving the website for review.

Revision requests should be consolidated into one set of feedback.

Standard revisions may include reasonable adjustments to the existing layout, content placement, styling or configuration within the agreed scope.

They do not include an entirely new website concept, additional pages, major structural changes, new functionality or custom development.

Requests outside the included revision scope may incur additional fees, which will be communicated before chargeable work begins.

7. Cancellations and Setup Fee Refunds

Customers may request cancellation by contacting admin@hashtagzms.com.

Before Development Begins

If a customer cancels before development begins, any refund will be assessed according to applicable law and the services already provided.

After Development Begins

Once development has begun with the customer's express authorization, the initial setup fee is generally non-refundable for a change-of-mind cancellation, except where a refund is required by law or another applicable contractual remedy.

We will request the customer's express agreement to begin development promptly through the checkout or onboarding process.

Any statutory cancellation or cooling-off rights will continue to apply to the extent required by law. Consent to immediate development will not be treated as waiving rights unless the applicable law permits that effect and its requirements have been met.

Custom Projects

For custom projects, the initial deposit is generally non-refundable once development begins, subject to applicable law and Hashtagz Lab fulfilling its contractual obligations.

The specific payment and cancellation arrangements for custom projects will be set out in the relevant agreement.

8. Monthly Subscription and Cancellation

The Express Website + System subscription costs US$27 per month, beginning one calendar month after the initial setup payment.

Customers may cancel their subscription at any time by contacting admin@hashtagzms.com or using an available account billing interface.

Cancellation takes effect at the end of the current paid billing period.

Customers retain access to their active website and system until that period ends, provided the account is not otherwise suspended for a valid reason.

We do not charge a separate cancellation penalty.

Fees for partially used billing periods are not automatically refunded, except where required by law or an applicable agreement.

When the subscription ends, included hosting, maintenance and access to Hashtagz Lab's hosted systems will also end unless an alternative arrangement has been agreed.

Customers may request an available data export or paid migration before their service ends.

9. Website and Business System Migration

Customers may request assistance moving their website to independent hosting.

Website migration is a separate, paid service. The cost will be quoted based on the technical requirements, destination platform and work involved.

Customers may also request migration of their business management system where technically feasible.

Independent System Licence

Where Hashtagz Lab agrees to transfer a business management system for independent use, the customer may purchase a separately quoted, higher-cost licence and migration package.

Unless expressly agreed otherwise, this grants the customer a perpetual, non-exclusive licence to use the transferred version of the system for their own business operations.

Hashtagz Lab retains ownership of its proprietary software, reusable components, frameworks and underlying intellectual property.

The licence does not automatically include the right to resell, redistribute, sublicense or commercially reproduce the software.

A perpetual licence does not guarantee perpetual hosting, maintenance, technical support, updates or compatibility with future technologies.

Any transferable source code, documentation, third-party dependencies, usage restrictions and ongoing service obligations will be specified in the separate migration and licence agreement.

Third-party software rights remain subject to their applicable licences.

10. Domain Names

Customers are responsible for purchasing, renewing and maintaining their own domain names.

Domain registration and renewal fees are not included in the Express package.

Where a customer already owns a domain, Hashtagz Lab will connect it to the new website at no additional charge, provided the customer supplies the required access and the setup falls within the standard service scope.

Customers retain ownership and control of their domain names.

We are not responsible for domain expiration, loss or interruption resulting from a customer's failure to maintain registration or provide correct access.

11. Hosting and Maintenance

An active Express subscription includes standard hosting and routine maintenance for the agreed website and system.

We make reasonable efforts to maintain reliable service, perform necessary updates and resolve technical issues promptly.

Temporary downtime may occur due to maintenance, security work, infrastructure failures or third-party service interruptions.

We do not currently offer a guaranteed uptime percentage or automatic service credits for downtime.

However, we will take reasonable steps to investigate and restore affected services.

Nothing in this section limits remedies required by applicable law.

12. Technical Support

Technical support for covered bugs, faults and operational issues is included in the Express monthly subscription.

Included support does not cover:

• New features or functionality.
• Additional website pages.
• Complete redesigns.
• Major content updates performed by our team.
• New third-party integrations.
• Custom development or substantial changes to business workflows.

Additional work may be quoted separately.

Support requests may be submitted to admin@hashtagzms.com.

13. Failed Payments and Account Suspension

If a recurring subscription payment fails, we will make reasonable efforts to notify the customer.

Customers will have a 14-day grace period to resolve the outstanding payment.

If payment remains outstanding after this period, we may temporarily suspend the website and business system.

Suspension does not immediately result in permanent deletion of customer information.

The account may remain suspended for up to 60 days before the subscription is terminated for continued nonpayment, with appropriate notice.

Access may be restored when the outstanding balance is resolved and the account remains eligible for reactivation.

After termination, the data retention and export arrangements described below will apply.

14. Customer Data and Export

Customers retain their rights in the business information and original content they enter into our systems.

During an active subscription, customers may access their information through the available system features.

Following subscription termination, customers have 30 days to request an available export of their business information.

Where supported, customers may:

• Export their information directly through their dashboard; or
• Request an export from Hashtagz Lab.

Available export formats depend on the type of information and system functionality.

A data export does not automatically include proprietary software, database architecture, third-party tools or the business management system's source code.

After the 30-day export period, active system data may be deleted, subject to applicable legal retention requirements and backup schedules.

Customers are encouraged to maintain independent copies of important business records.

15. Intellectual Property and Ownership

Customers retain ownership of the original business content, logos, photographs, trademarks and other materials they provide, subject to the rights of any third-party owners.

Hashtagz Lab retains ownership of its proprietary software, reusable code, templates, development frameworks, internal tools and business management system architecture.

During an active subscription, customers receive permission to use the agreed hosted website and system for their business purposes.

The subscription does not transfer ownership of Hashtagz Lab's underlying technology.

Ownership and usage rights for bespoke deliverables created under custom agreements will be determined by the relevant contract.

Customers must not unlawfully copy, redistribute, resell or reverse-engineer proprietary components.

Nothing in these Terms restricts rights that cannot legally be excluded.

16. Portfolio and Promotional Use

Unless a separate confidentiality agreement or written restriction applies, Hashtagz Lab may display completed client websites and publicly available project elements in its portfolio, case studies, social media and other promotional materials.

We will not intentionally publish confidential business information, private customer records, account credentials or other non-public personal information.

Customers may contact us to discuss confidentiality requirements or request that a project not be featured.

17. Third-Party Services

Some websites and business systems may rely on external providers for hosting, databases, email, payment processing, authentication or integrations.

Customers may be required to maintain separate accounts or pay additional charges for certain third-party services.

Third-party integrations are not automatically included in the Express package unless expressly stated.

We cannot guarantee the continued availability, pricing or compatibility of independent third-party platforms.

We will disclose relevant requirements before undertaking additional paid integration work.

18. Privacy and Data Protection

We handle personal information according to our Privacy Policy and applicable data protection requirements.

Customers using our business management systems are responsible for ensuring their own collection and use of customer information complies with applicable laws.

Customers must provide appropriate privacy notices, obtain required permissions and maintain suitable internal access controls.

Our standard systems are not intended for specially regulated or highly sensitive data unless we have expressly agreed to suitable arrangements.

19. Acceptable Use

Customers must not use our services for unlawful, fraudulent, abusive or harmful activities.

Prohibited activities include:

• Unauthorized access to accounts or systems.
• Distribution of malware or malicious code.
• Infringement of intellectual property or privacy rights.
• Unlawful spam or deceptive communications.
• Activities that compromise system security or reliability.
• Unauthorized reproduction or commercial redistribution of proprietary software.

We may suspend access where reasonably necessary to address serious misuse, security threats or legal obligations, subject to applicable law.

20. Customer Responsibilities

Customers agree to:

• Provide accurate and complete onboarding information.
• Respond to necessary project communications within a reasonable time.
• Supply materials they are authorized to use.
• Maintain their domain registration and relevant third-party accounts.
• Protect their account credentials.
• Use their website and system lawfully.
• Review website content and business information for accuracy.
• Notify us promptly of technical issues or suspected security incidents.

We are not responsible for inaccuracies arising solely from incorrect materials supplied by the customer, except where applicable law or our own obligations require otherwise.

21. Service Expectations and Business Results

Hashtagz Lab will use reasonable care and skill in delivering its services.

However, the performance of a business depends on many factors, including its products, pricing, marketing, customer service and operations.

We do not guarantee specific revenue, sales, search engine rankings, customer enquiries or business outcomes.

Interactive demonstrations and concept projects on our website may use simulated data and fictional businesses. These illustrate potential functionality and do not mean every demonstrated feature is included in every package.

Customers should rely on the written description of their purchased package or agreed project scope.

22. Confidentiality

We will take reasonable measures to protect confidential information shared with us during a project.

We may allow authorized personnel and service providers to access information where necessary to deliver the agreed services, subject to appropriate confidentiality and data protection safeguards.

Customers are responsible for managing access granted to their own employees and authorized users.

23. Liability

To the extent permitted by applicable law, neither party will be liable for indirect or consequential losses arising from the services.

Hashtagz Lab does not accept responsibility for losses resulting solely from third-party outages, customer misuse, inaccurate customer-provided information or circumstances outside our reasonable control.

Nothing in these Terms excludes or restricts liability for fraud, intentional misconduct, or any obligation or consumer right that cannot legally be excluded.

Any additional liability limitations for custom projects will be stated in the applicable service agreement and must comply with governing law.

24. Changes to Services, Pricing and Terms

Hashtagz Lab may update its services, pricing and Terms of Service as the business evolves.

We will provide advance notice of material changes affecting existing paid customers.

Any changes to recurring subscription charges will be communicated before they take effect, subject to the applicable agreement and law.

Where required, we will obtain customer agreement before applying changes.

Customers may cancel their subscription before a new pricing arrangement takes effect, subject to their existing contractual rights.

25. Governing Law and Dispute Resolution

These Terms are governed by the laws of Jamaica, subject to any mandatory consumer protection rules that apply to customers in other jurisdictions.

If a dispute arises, customers are encouraged to contact us first at admin@hashtagzms.com so we can attempt to resolve the matter fairly.

Nothing in these Terms prevents either party from exercising legal rights or accessing remedies available under applicable law.

26. Contact Us

For questions about our services, subscriptions, cancellations or these Terms: