Terms of Service

Document ID: TERMS-v2
Provider: Front Of House LLC, a Georgia limited liability company ("Front of House", "FOH", "we", "us").
Review edition: October 2, 2026. This edition is not effective until approved and incorporated into a signed Order Form.

1. Your agreement with FOH

1.1 Documents and acceptance. Our business services are governed by the Order Form signed by both parties, the Statements of Work (SOWs) it identifies, and the version of these Terms attached to that Order Form. Downloading a quote or browsing our website does not order services. Each signer represents that they have authority to bind the named business.

1.2 Priority. A signed Order Form and its special terms take priority, followed by its SOWs, then these Terms. An applicable signed data processing addendum takes priority for its subject. A proposal is superseded by the signed agreement; only scope expressly carried into the Order Form or SOW is included.

1.3 Versions. We retain a copy of the Terms and SOWs supplied with each Order Form. A later website edit does not change a signed agreement. We may propose revised terms for a renewal with at least 60 days' notice. They apply only if accepted in writing; otherwise the existing terms continue unless either party gives timely nonrenewal notice. Changes during a term require both parties' written agreement.

2. Services and third parties

2.1 Scope and care. We perform the agreed services with reasonable skill and care. Work outside the agreed scope, including extra capacity or paid provider upgrades, requires a written scope and price approved by you before charges are incurred.

2.2 Infrastructure. Standard managed hosting uses Vultr for the origin server in Atlanta, Georgia, United States, and Cloudflare for DNS and its reverse proxy, content delivery, and available traffic protection. Our standard configuration uses Cloudflare Full (strict) TLS. This describes the origin location, not a promise that all traffic, logs, backups, support access, or other processing stay in Georgia or the United States. Cloudflare operates a global network. A Cloudflare Tunnel is not part of the standard setup unless expressly listed in the Order Form.

2.3 Responsibility. We select and manage the providers we engage and remain responsible for our own contractual duties, configuration, access control, and reasonable response to problems. Providers control their own infrastructure and policies. We do not warrant their uninterrupted availability, continued features, or complete prevention of attacks. A provider failure alone is not a breach by FOH, but does not excuse a failure by FOH to perform its own duties with reasonable care. Liability remains governed by Section 10 and applicable law.

2.4 Provider rules. The Provider Schedule supplied with your packet identifies relevant services and official policy links. You and the users you authorize must comply with the applicable conduct restrictions in Cloudflare's Self-Serve Subscription Agreement (Sections 2.2 and 2.7), its CDN service terms, and Vultr's Acceptable Use and Anti-Spam policies linked in that schedule, as those providers update them. Those restrictions are incorporated solely for use of the affected services: no unlawful or infringing content, malware, phishing, spam, unauthorized access, or abusive use. Provider account terms govern the party holding that account. Merely linking those terms does not make you a party to FOH's vendor agreements or import their billing, arbitration, or liability provisions into this agreement. Your directly purchased services remain governed by your agreements with those vendors.

2.5 Restrictions and changes. We may restrict affected functions when reasonably necessary to address abuse, a security threat, a legal requirement, or a provider suspension. We will give advance notice and an opportunity to resolve the issue when practicable; urgent threats may require immediate action. We will explain the reason when legally permitted, limit the restriction to what is reasonably necessary, and restore service when the issue is resolved. We may replace providers with services reasonably suitable for the agreed scope. Material changes in data handling or hosting location will be notified at least 30 days ahead when practicable, or promptly after an emergency change. Where legally required, we will obtain authorization and use an appropriate data processing agreement. If a replacement materially reduces the contracted service and we cannot resolve your written objection within 30 days, you may terminate the affected service and receive its unused prepaid fees.

2.6 Support and AI assistance. AI self-service support is available 24/7, subject to outages, maintenance, and included usage limits. Human support is available Monday through Friday, 8:00 AM to 8:00 PM Eastern Time (America/New_York). The applicable SOW states first-response targets; no repair deadline is implied. We may use third-party AI tools to draft content, code, and responses. AI output may be incorrect. A person on our team reviews website changes before publication, and you remain responsible for checking business facts and approving your content. Do not submit secrets, payment credentials, or sensitive personal information to AI chat. Applicable commercial provider settings and terms govern AI data handling; this agreement does not promise zero retention or that every provider uses only US infrastructure.

3. Your responsibilities

3.1 Content and approvals. You supply timely, accurate materials, access, and approvals. You confirm the rights needed for your menus, photos, logos, fonts, music, and other materials and grant us a license to use them as needed to provide the services. You check prices, hours, dietary and allergen statements, claims, links, and legal notices. Your approval does not waive a defect in our implementation of an approved request.

3.2 Accounts and domains. You retain your domain registration and registrar account, pay renewals, safeguard credentials, use available multi-factor authentication, and promptly report suspected compromise. We manage only the DNS and integrations included in the SOW. You provide a complete DNS inventory, including records not discoverable through public queries, and help verify email and third-party services before a nameserver change.

3.3 Restricted data and features. Standard hosting is for a restaurant website and ordinary business inquiries. Do not collect or store raw payment-card data, bank login credentials, government identity numbers, health records, or other regulated sensitive data through site forms, uploads, or AI chat. Payments should use a separately approved, provider-hosted checkout. Features requiring PCI, HIPAA, special residency, or other regulated processing need a separate assessment and written scope. Large-file distribution, video delivery, bulk email, and unusual traffic may require a suitable provider product and a separately approved fee.

3.4 Legal notices. You are responsible for your business's consumer disclosures, permissions, marketing consent, privacy notices, and lawful handling of visitor data. We provide agreed technical assistance. Neither hosting nor a template notice certifies legal or accessibility compliance. This allocation does not waive our own legal duties or any expressly agreed accessibility work.

4. Fees and payment

4.1 Amounts and due dates. The Order Form states fees in US dollars, payment milestones, billing intervals, included quantities, and any minimum commitment. You pay applicable transaction taxes, excluding taxes on our income. Domain fees, outside subscriptions, advertising spend, and other exclusions are payable only as specified. No unlisted processing surcharge or capacity charge is authorized.

4.2 Payment arrangements. We invoice using the payment method stated in the Order Form. A recurring charge requires the payment processor's separate mandate or authorization. Signing an Order Form alone does not create a live payment mandate. Do not send card numbers by email or enter them into a FOH contact form.

4.3 Late payment. We notify you of an unpaid invoice. After 15 days overdue we may pause new work and support on 5 days' written notice. After 30 days overdue we may terminate affected services on 10 days' written notice. We will work in good faith to resolve a promptly raised, specific billing dispute. Amounts not disputed remain due. Late Care payments do not block delivery of an Exit Kit for a fully paid build.

4.4 Changes and refunds. We give at least 60 days' notice of proposed recurring price changes, effective no earlier than the next renewal. Prepaid fees are otherwise nonrefundable except for refunds expressly provided here, in the Order Form, or required by law. Cancellation of a build is governed by its SOW; deposits are credited against work performed, not automatically forfeited.

5. Term and cancellation

5.1 Website builds. Build milestones and acceptance are in the build SOW. A build does not renew automatically. Hosting begins only when Care is expressly purchased.

5.2 Care. Annual Care runs for 12 months from launch or the agreed start date and renews for successive 12-month terms. Monthly Care has a 3-month initial minimum and then continues month to month. Either party may give at least 30 days' written notice of cancellation: annual Care ends at the end of the paid term; monthly Care ends at the end of the first billing period ending at least 30 days after notice, and no earlier than the end of the minimum term. We send an annual renewal reminder at least 45 days before renewal. If we send it late, you may cancel within 15 days after that reminder and receive a refund for unused renewal days.

5.3 Other services. Each service line states its own start date, commitment, billing, and whether it ends or becomes monthly. Those selections control; the Care minimum does not apply to other services. A monthly continuation may be cancelled with 30 days' written notice, effective at the end of a billing period. No additional fixed term arises from monthly continuation.

5.4 Calendar and notice. Monthly billing uses the stated anniversary day, or the last day of a shorter month. Cancellation notices go to the notice addresses on the Order Form. We acknowledge receipt and state the final service date. You may also request cancellation of a processor subscription, but that request does not erase fees already earned or the stated minimum commitment.

6. Ownership and handoff

6.1 Your work. After full payment of the applicable build or deliverable fee, we assign to you the custom code, design, and content we created specifically for you, to the extent we own it. You retain your pre-existing materials. Paid Care changes belong to you on the same basis.

6.2 Retained materials. We retain our platform, AI systems, methods, and reusable tools and components. We give you a perpetual, worldwide, royalty-free, nonexclusive license to use, modify, and host retained components embedded in your paid deliverables, including through another developer or host. Third-party and open-source materials remain subject to their own licenses; we identify material license or subscription dependencies in the handoff.

6.3 Exit. The applicable SOW describes the Exit Kit, export timing, migration assistance, and retention. FOH account credentials, other clients' information, and transferable rights we do not own are excluded. Handoff includes your applicable site data export and configuration instructions, with secrets transferred securely or replaced. We may retain records needed for billing, legal obligations, and disputes with appropriate access restrictions.

6.4 Portfolio. We may identify your business and show publicly launched work in our portfolio. You may opt out by email at any time, after which we stop new use and remove it from materials we control within a reasonable time.

7. Data, security, and confidentiality

7.1 Processing. We use client and visitor data to perform the agreed services and for related security, support, billing, and legal obligations. We do not sell it or use it for cross-context behavioral advertising. For visitor data handled on your instructions, you determine its purposes and we act as your service provider or processor as applicable. Our own business records may have a different legal role. If the law requires a separate data processing agreement, we will put it in place before the relevant processing. Vendor DPAs do not substitute for an agreement between you and FOH.

7.2 Security measures and limits. We use reasonable safeguards proportionate to the service, including access controls, HTTPS, available edge filtering, and maintenance described in the SOW. Cloudflare is one layer of those safeguards. No system prevents every incident, and backups are not a guarantee against loss. We do not promise uninterrupted service, a dedicated security operations center, a penetration test, or a compliance certification unless purchased in writing.

7.3 Incidents. We notify you without undue delay after becoming aware of a security incident affecting personal data we process for you, and in any event within 72 hours, or sooner if applicable law requires. We provide available facts and updates, reasonable containment and remediation assistance, and information needed for your legal notifications. An incomplete investigation does not delay the initial notice. Responsibility and costs are governed by the agreement and applicable law.

7.4 Confidentiality. Each party protects the other's nonpublic information using reasonable care, uses it only for this agreement, and shares it only with people and providers who need it and have appropriate obligations. This excludes information independently developed, lawfully received without restriction, publicly available without breach, or approved for release. Legally compelled disclosure is permitted with notice when allowed. The duty lasts 3 years after termination; trade secrets remain protected while legally qualifying, and personal data remains subject to applicable law and agreed deletion duties.

8. Termination and continuity

8.1 Breach. Either party may terminate an affected Order Form for material breach not cured within 30 days after written notice. Urgent restrictions under Section 2.5 remain available.

8.2 Refunds and transition. If we terminate without cause before the end of a prepaid term, or you terminate for our uncured material breach, we refund unused prepaid recurring fees on a daily pro rata basis. Undelivered prepaid build work is reconciled under its SOW. We provide the agreed handoff. We cannot promise continued hosting when law, abuse, or a provider suspension prevents it, but will reasonably assist a lawful transition.

8.3 Survival. Accrued payment, ownership, confidentiality, applicable data duties, liability limits, indemnities, and dispute terms survive as needed to give them effect.

9. Warranties and service expectations

We stand behind the reasonable-care obligations expressly stated in this agreement. We do not guarantee business results, revenue, search or AI rankings, email delivery, third-party approvals, or that a site is invulnerable to attack. Any uptime or response objective expressly described as a target is not a service-level guarantee or a promise of a particular repair time. A provider SLA does not automatically become an FOH SLA or entitle you to that provider's credits. Any FOH credits must be stated in the Order Form. Except for express promises and to the extent permitted by law, we disclaim other warranties, including implied merchantability and fitness for a particular purpose.

10. Limitation of liability

10.1 Aggregate cap. To the maximum extent permitted by law, each party's aggregate liability arising out of the affected Order Form, under contract, negligence, or any other theory, will not exceed the fees actually paid to FOH under that Order Form in the 12 months immediately preceding the first event giving rise to the claim. Related claims are one claim; multiple claims do not multiply the cap. This cap includes defense costs and amounts payable under Section 11.

10.2 Excluded loss. To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, exemplary, punitive, or consequential damages, or lost profits, revenue, goodwill, or business opportunities. Reasonable direct costs to restore affected data are not excluded solely because data was lost, but remain subject to the cap. Amounts payable for a covered third-party claim under Section 11 are not excluded as consequential damages, but remain subject to the cap.

10.3 Exceptions. These limits do not reduce fees properly owed for services or express refund obligations, and do not limit liability for fraud, gross negligence, willful misconduct, or liability that applicable law prohibits limiting. A signed data processing addendum may expressly provide a different rule for its subject. The parties acknowledge that these allocations are part of the agreed pricing.

11. Third-party claims

11.1 Client materials and misuse. You will defend FOH against third-party claims arising from infringement by materials you supply, or your unlawful use of the services, and pay resulting final damages or approved settlements and reasonable defense costs. This does not apply to the extent caused by FOH's breach, unauthorized alteration, or misconduct.

11.2 FOH deliverables. We will defend you against a third-party claim that custom code or design we created and supplied under the Order Form infringes a US copyright, and pay resulting final damages or approved settlements and reasonable defense costs. This excludes client materials, third-party materials identified as such, unauthorized modifications, or combinations outside the agreed scope, to the extent they cause the claim. We may obtain rights, supply a substantially equivalent noninfringing replacement, or, if neither is reasonably practicable, terminate the affected deliverable and refund its paid fee against cessation of its use.

11.3 Procedure and limits. Promptly notify the defending party; delay relieves it only to the extent materially prejudiced. Give reasonable cooperation at its expense and allow it to control the defense with qualified counsel. Neither party may settle a claim imposing fault, nonmonetary duties, or unreimbursed payment on the other without that party's written consent, not unreasonably withheld. All Section 11 obligations are subject to Section 10.

12. General provisions

Georgia law governs, excluding conflict-of-law rules. Subject to applicable mandatory law, disputes are heard in the state courts in Fulton County, Georgia, or the federal courts for the Northern District of Georgia. Before litigation the parties will try in good faith to resolve the dispute for 30 days; urgent protective relief is not delayed. Notices must be written and sent to the Order Form notice addresses; FOH's is drew@fohrestaurants.com. A bounced email is not effective notice; use another agreed channel.

Electronic signatures and counterparts are permitted. Each party is an independent contractor. Neither may assign the agreement without consent except to a successor to substantially all its relevant business that assumes the duties, on notice. Events outside reasonable control excuse only affected performance while the party takes reasonable mitigation steps; they do not erase earned fees or express refund and transition duties. If a provision is unenforceable, the remainder continues. Waiver must be express. This agreement is the entire agreement for its subject.