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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. Project Inquiry and Service Activation

Due to the custom, fully managed nature of our services, MyFlatCMS does not offer direct, automated checkout or sign-up on our public website. All new projects begin with a non-binding Project Inquiry submitted via our website contact form.

Submitting a Project Inquiry does not constitute a binding agreement, nor does it guarantee that MyFlatCMS will accept the project. A formal client-provider relationship, and the obligations outlined in this Agreement, only commence when:

  • a. MyFlatCMS has reviewed and approved the Project Inquiry.
  • b. MyFlatCMS has issued a private, secure onboarding and payment link to the Client.
  • c. The Client has successfully completed the payment of the one-time Setup Fee via that secure link.

Until the Setup Fee is successfully processed, no development, design, or hosting services will be initiated.

3. 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:

  • 3.1 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.
  • 3.2 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.

4. Intellectual Property & Software License

  • 4.1 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.
  • 4.2 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.
  • 4.3 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.
  • 4.4 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.

5.  Pricing, Billing, Discounts, and Plan Migration

  • 5.1 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.
  • 5.2 Recurring Fees: The Client will be billed for the ongoing Managed Service either Monthly or Yearly, at the rates agreed upon prior to development.
  • 5.3 Plan Upgrades and Modifications: The Client may request to upgrade their website from the One-Page Setup to the Multi Setup at any time. Because this requires structural design work by our team, the difference between the new plan’s Setup Fee and the original Setup Fee already paid will be charged as a one-time fee upon approval. The recurring subscription rate will then be updated to the new plan’s rate starting from the Client’s next billing cycle. Downgrades are not permitted, as the core architecture cannot be reduced without a complete rebuild.
  • 5.4 Switching Billing Cycles (Proration): The Client may switch their recurring payment from a monthly cycle to a yearly cycle at any time. If a switch occurs mid-cycle, our payment processor will automatically calculate the unused days of the current monthly period, credit that amount, and apply it toward the new yearly fee. The Client will be charged the prorated difference immediately, and the billing cycle will reset to a full year from that date. Alternatively, the Client may request the switch to take effect at the start of their next renewal date.
  • 5.5 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 discount).
  • 5.6 Loyalty Discount Condition for Billing Switches: This discount is strictly tied to the completion of full yearly payments. If a Client switches from a monthly plan to a yearly plan, the discount clock begins only after their first full yearly payment is completed. Therefore, the 10% discount will be applied to their second yearly renewal and beyond, not the first.

6. Cancellations and Refunds

  • 6.1 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.
  • 6.2 Refunds: All Setup Fees and recurring service fees are strictly non-refundable once the service period has begun or development work has commenced.

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

  • 7.1 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.
  • 7.2 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.
  • 7.3 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.

8. 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.

9. Media Library and Storage Usage

The Media Library is provided exclusively for the images, documents, and other media files actively used on the Client's live website. It is not intended to be used as general-purpose storage, an offline backup location, or a personal file archive.

The Client agrees to keep the Media Library limited to files that are currently needed for the website, and to promptly remove outdated, unused, or unrelated media, images, and documents that are no longer part of the live site.

MyFlatCMS reserves the right to monitor Media Library usage. If a Client's Media Library is deemed by MyFlatCMS, at its sole discretion, to contain excessive, outdated, unrelated, or non-essential files, or is otherwise used in a manner inconsistent with this policy, we reserve the right to:

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

10. 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.

11. 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.

12. Email Services and Website Contact Forms

Clients can designate an email address to be used for website contact sections and notifications. Clients may choose to use an existing external email address (e.g., @gmail.com) or request a hosted email account associated with their website domain (e.g., contact@mywebsite.com).

  • 12.1 Hosted Email Limitations: Hosted email accounts are not included in standard plans and are offered as a complimentary service solely to selected clients upon explicit request. These accounts include secure webmail access with a strict storage limit of 50 MB. The Client is solely responsible for configuring their own external email client (e.g., Outlook, Apple Mail) or email forwarding, and must regularly delete all messages from the server after receipt to prevent exceeding the storage limit.
  • 12.2 Acceptable Use of Hosted Email: Hosted mailboxes are provided strictly for website-related contact inquiries and system notifications. They are not intended for general daily correspondence, personal use, or bulk mailing. MyFlatCMS reserves the right to suspend hosted email services that exceed storage limits or violate this usage policy.
  • 12.3 Contact Form Configuration: Clients may choose to display their email address directly on the website or utilize an online contact form. If an online contact form is used, the Client is responsible for correctly configuring the required SMTP credentials (including provider-specific "App Passwords" for services like Gmail) within their MyFlatCMS Editor Dashboard. MyFlatCMS is not liable for undelivered form submissions resulting from incorrect SMTP configuration, expired passwords, or restrictions imposed by external email providers.
    Credentials submitted for this purpose are stored using reasonable security measures. The Client is responsible for the secrecy of any password or App Password provided, and MyFlatCMS is not liable for unauthorized use of the Client's email account resulting from compromised credentials outside its direct control.

13. 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 20, 2026

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