Last updated: June 13, 2021
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
bpnWebTech will always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. We do want what is best for both parties, now and in the future.
So in short:
You (Client) are hiring bpnWebTech (“We or Us”) to provide some or all of the following services: • Web design
- Web development
- Web hosting
- Website maintenance
- Email/phone consultation
- WordPress support/training
- Other business support as directed
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll review our work, provide feedback and approval in a timely manner too. You also agree to stick to the payment terms.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you.
Graphics and photographs
You should supply graphics files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries.
Laws Affecting e-commerce
The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce and will hold harmless, protect and defend bpnWebTech from any claim, suit, penalty, tax or tariff arising from the client’s use of Internet electronic commerce. The client also understands that bpnWebTech cannot provide legal advice.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
In the event that we wish to cancel this agreement, we will contact you via the main contact email we have been provided.
Cancellation of any project stage at the request of the Client must be made in writing. In the event that work is postponed or canceled at the request of the Client in writing, bpnWebTech shall have the right to retain the original 50% deposit. brian@bpnWebTech.com
In the event that you want to cancel your service, please email brian@bpnWebTech.com informing of your intent to cancel. We will then download all of the files and documents for your site and deliver them to you. Please note, it will take a web professional to load your site onto another server.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by bpnWebTech - bpnservices.
bpnWebTech - bpnservices has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that bpnWebTech - bpnservices shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Third Party or Client Page Modification
Some Clients will desire to independently edit or update their websites after completion of the site as a way to control costs and to avoid the expense of a Maintenance Agreement. This is an option and a tutorial can be provided to assist you if you choose this option.
However, if this option is selected and the Client or an agent of the Client other than bpnWebTech attempts to update the website and damages the design or impairs the ability for the pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $75 per hour with a one hour minimum, additional time billed in 15 minute increments. Also, any premium themes or plugins that have been used in developing the website will no longer be under the Developer’s license. The site will remain fully functional but future updates of those themes and plugins would require the Client to purchase their own license.
We are happy to work on your site on your hosting provider, or you can use our hosting. We provide free hosting for sites under construction.
Services vary in price and scope. They include a combination of the following services:
- bpnWebTech plugins
- 24/7 uptime monitoring
- Daily security and malware scans
- Daily backups
- Daily updates to WordPress core, themes, and plugins
- Customized WordPress dashboard and a direct link to open a support ticket
- Technical support by phone, email or screen-share video
- Personalized How-To videos upon request
- Monthly performance review
- Google Marketing Platform connection
- Free hosting and annual domain registration
There are no refunds for hosting charges.
You cannot cancel hosting over the phone. To cancel hosting, you must send an email to brian@bpnWebTech.com and note this information:
1.) The subject needs to be “Cancel hosting”
2.) If you want us to send you a backup. This will be charged at our standard hourly rate.
3.) The day we can stop hosting and delete your site.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
In the event that your payment is late or declined more than two times in a 12 month period, bpnWebTech reserves the right to charge a $25 late fee.
bpnWebTech agrees that, except as directed by the Client, it will not at any time during or after the term of the Agreement disclose any confidential information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about bpnWebTech to another party.
Any disputes in excess of $1,000 arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator suitor pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof.
The Client shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of bpnWebTech.
Legal stuff | Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
This Agreement comprises the entire agreement between us and supersedes all prior oral and written agreements.
Finally, if any provision of this contract shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
This contract constitutes the sole agreement between bpnWebTech and the Client regarding this project. It becomes effective when Client indicates agreement by checking the checkbox when creating an account. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and bpnWebTech. Both Parties warrant that they have read and understood the terms set forth in this agreement.
These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
This agreement stays in place and need not be renewed. This contract cannot transfer to anyone else without the other’s permission. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Thank you for choosing bpnWebTech
If you have any questions about these Terms, please contact us.