Terms of Service | IgnitionLabs

These Terms of Service ("Terms") govern your access to and use of the website at ignitionlabs.com (the "Site") and any hosting, consulting or related services (the "Services") provided by John Kirker, Inc., doing business as IgnitionLabs ("IgnitionLabs," "we," "us" or "our"), a California corporation.

By accessing the Site or using the Services, you agree to these Terms. If you do not agree, do not use the Site or Services.

1. Services

IgnitionLabs provides managed WordPress hosting, application hosting, managed infrastructure, migration support, security management and consulting. The scope, features and pricing of the Services are described on the Site and in any separate service agreement or order form between you and IgnitionLabs. Email hosting is not included in hosting plans. Email hosting and email management are not part of the Services. Hosting clients may use ListBoss Pro, SpamBorg and Archivum Inactive Archiver Pro at no extra charge while their hosting is active. The search and AI visibility analysis includes a one-year Stetwell license; you supply your own AI provider API keys. Included software. Third-party plugins we include are licensed to IgnitionLabs and may be installed on sites we host at no extra charge. Licenses stay in our account, are not transferred to you, and end when your hosting ends. If a vendor changes its terms or discontinues a product, we may remove it, replace it with an equivalent, or require you to purchase your own license for continued use.

2. Eligibility

You must be at least 18 years old and have the legal authority to accept these Terms for yourself or the organization you represent.

3. Account responsibilities

If you create an account or use our Services, you are responsible for:

Keeping your account credentials confidential
All activity under your account
Telling us promptly about any unauthorized use of your account
Keeping the information you give us accurate and current

4. Acceptable use

You agree not to use the Site or Services to:

Violate any applicable local, state, national or international law or regulation
Host, send or distribute content that is unlawful, harassing, defamatory, obscene or fraudulent
Distribute malware, viruses or other harmful code
Send unsolicited bulk email (spam) or engage in phishing
Infringe the intellectual property rights of others
Try to gain unauthorized access to our systems or other customers' accounts
Use server resources in a way that degrades service for other customers
Host content related to illegal activity, including illegal gambling, distribution of controlled substances or content that exploits minors

We may suspend or end service for violations of this policy, with or without notice depending on how serious the violation is.

5. Service level and uptime

We work to keep all hosted services highly available. Specific uptime commitments, if any, are set out in your service agreement or plan documentation. We announce scheduled maintenance in advance whenever possible.

6. Plans, fees and payment

Fees are listed on our pricing page and in any applicable service agreement. Unless otherwise stated:

Hosting plans are billed month-to-month or annually. Annual plans are priced at ten months of the monthly rate (two months free).
On monthly plans, a one-time setup fee applies: $299 for the first site and $149 for each additional site. Setup is waived on annual plans. Setup covers onboarding and a standard migration. Large or complex migrations are quoted before work begins.
Additional sites on the same plan are billed at 20% off that plan's monthly rate.
Hourly work is billed at $195 per hour (standard) or $295 per hour (rush, evenings, weekends and holidays), with a one-hour minimum and 15-minute increments after the first hour. On the Ignite plan, after-hours emergency work is billed at the rush rate. We do not bill for fixing a problem that IgnitionLabs caused, on any plan.
Payment is due at the start of each billing cycle.
Consulting is billed at the rates in your agreement.
All fees are in U.S. dollars.
We may change pricing with 30 days' notice.

If payment is not received within 15 days of the due date, we may suspend your Services. Accounts suspended for nonpayment for more than 30 days may be terminated, and their data may be deleted.

Included monthly work time

The Throttle Up plan includes 1 hour of hands-on work each month. Included time does not roll over. Unused time expires at the end of each billing month, cannot be carried forward or transferred, and has no cash value. Work beyond the included time is billed at the hourly rates above.

7. Cancellation and refunds

You may cancel a monthly hosting plan at any time, with no cancellation fee. When you cancel:

Your service continues through the end of the current billing period
We provide reasonable help moving your data to another provider
Outside the first 30 days described below, we do not provide prorated refunds for partial billing periods

30-day refund. If you cancel within the first 30 days of a new hosting plan, we refund that first month's hosting fee. Setup fees, migration work and hourly work already performed are not refundable. On annual plans, a cancellation within the first 30 days receives a refund of the annual fee minus the first month's hosting.

Credits. If you start a hosting plan within 30 days of a completed emergency recovery, your recovery deposit becomes a credit of twice its amount ($1,000 for a $500 deposit) toward IgnitionLabs setup and hosting. If you start a hosting plan within 30 days of a search and AI visibility analysis, the analysis fee is credited toward setup and hosting. Credits apply only to IgnitionLabs services, have no cash value, and are not refundable or transferable.

For consulting, cancellation and refund terms are set by your consulting agreement.

8. Data and backups

We keep regular backups as part of managed hosting, but you are ultimately responsible for keeping your own backups of your data. We recommend keeping independent copies of all critical data.

When service ends, we keep your data for 30 days so you can move it. After 30 days, your data is permanently deleted unless we have agreed otherwise.

9. Intellectual property

All content on the Site, including text, graphics, logos and software, belongs to John Kirker, Inc. or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute or create derivative works from Site content without written permission.

You keep all rights to your own content hosted on our servers. By using the Services, you give us a limited license to host, store and transmit your content only to provide the Services.

10. Third-party software and trademarks

WordPress, the WordPress logo and WP are registered trademarks of the WordPress Foundation. WooCommerce is a registered trademark of WooCommerce, Inc. (an Automattic company). IgnitionLabs is not affiliated with, endorsed by or sponsored by the WordPress Foundation, Automattic, Inc. or their subsidiaries.

All other product names, logos and trademarks on the Site belong to their owners and are used only for identification. Their use does not imply endorsement.

11. Disclaimer of warranties

The Site and Services are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or completely secure.

12. Limitation of liability

To the fullest extent permitted by California law, John Kirker, Inc. and its officers, directors, employees and agents are not liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, data or business opportunities, arising out of or related to your use of the Site or Services, under any theory of liability.

Our total liability for any claims arising out of or related to these Terms or the Services will not exceed the total amount you paid us in the twelve (12) months before the event that gave rise to the claim.

13. Indemnification

You agree to indemnify, defend and hold harmless John Kirker, Inc. and its officers, directors, employees and agents from any claims, damages, losses, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your content or your violation of these Terms.

14. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction of such courts.

15. Dispute resolution

Before filing any legal claim, you agree to first try to resolve the dispute informally by contacting us at info@ignitionlabs.com. We will try to resolve it through good-faith negotiation within 30 days.

16. Severability

If any provision of these Terms is found unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary, and the rest of the Terms stay in effect.

17. Changes to these Terms

We may change these Terms at any time. We will email active customers about material changes at least 30 days before they take effect. Continuing to use the Services after that date means you accept the updated Terms.

18. Contact us

IgnitionLabs (a service of John Kirker, Inc.)
Email: info@ignitionlabs.com
Phone: (844) 974-6781