bpnWebTech

Terms of Service

Summary:

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.

In short, You (“Client”) are hiring bpnWebTech (“We” or “Us”) to provide services that may include:

  • Web Design & Development

  • Managed WordPress Hosting & Proactive Care

  • On-Demand WordPress Support & Training

  • Strategic Consulting & Marketing Roadmaps

  • Other business support as directed

 

What Both Parties Agree To

  • You (The Client): You have the authority to enter into this contract on behalf of yourself, your company, or your organization. You agree to provide us with the assets and information we need to complete our work in a timely manner. You will review our work, provide feedback, and grant approval when required. You also agree to adhere to the payment terms outlined in this agreement.
  • Us (bpnWebTech): We have the experience and ability to perform the services we’ve agreed upon in a professional and timely manner. We will strive to meet every deadline and will maintain the confidentiality of all information you provide to us.

Client Responsibilities & Project Delays

You agree to provide all necessary content, feedback, and approvals in a timely manner. We will rely on your input to meet project deadlines. If delays in receiving necessary materials or feedback from you cause a project to extend beyond the originally estimated timeline, we reserve the right to adjust the final delivery date. For projects billed hourly, any time spent on project management or communication related to such delays will be billed against your Flexible Service Block.

Communication & Business Hours

Our official business hours are Monday-Friday, 9:00 AM to 5:00 PM Eastern Time, excluding public holidays. We strive to respond to all client communications within one business day. While you may send requests at any time through the client portal or email, please expect responses and work to be conducted during these hours.

Service-Specific Terms & Billing

Our services are structured into distinct offerings. The following terms apply to each:

A. Flexible Service Blocks Flexible Service Blocks are pre-purchased packages of hours used for on-demand WordPress support, consulting, training, or any development task.

  • Billing: Blocks are purchased in advance at the rates specified on the bpnWebTech website (e.g., 1, 4, or 8-hour blocks).
  • Expiration: Purchased time in a Flexible Service Block never expires. Unused time rolls over indefinitely until it is used.
  • Refunds: Unused Flexible Service Blocks can be refunded within 90 days of the original purchase date.
  • Usage: These blocks cover any requested task, including urgent fixes, updates, DIY rescue, strategic consulting, or implementation of Marketing Roadmap items.

B. Managed WordPress Hosting & Care Plan This is a recurring subscription service providing managed hosting, proactive maintenance, and support.

  • Billing: This service is billed on a monthly basis, automatically, starting at the rate specified on the website ($35/month). E-commerce or high-resource sites may require a custom quote.
  • Included Support Hour: This plan includes one (1) hour of direct support each month. This hour expires at the end of each calendar month and does not roll over.
  • Order of Hour Usage: For any support request, the included monthly hour from the Care Plan will always be used first. Only after that hour is fully used will time be deducted from a client’s purchased Flexible Service Block balance.

C. New Website & Redesign Services We offer two distinct paths for new website projects, each with its own process and billing structure.

I. The Full-Service Website Build This is a comprehensive, hands-off solution where we manage the entire project.

  • Phase 1 – Mandatory Marketing Roadmap: All Full-Service Builds begin with our Marketing Roadmap service, a fixed, one-time investment of $499. This is a standalone strategic product.
  • Roadmap Credit: When you proceed with the full website build project as detailed in the proposal, the full $499 Roadmap fee is applied as a direct credit to your first project invoice.
  • Phases 2 & 3 – Wireframing & Development: All work for subsequent phases, including visual wireframing, content integration, development, testing, and revisions, is billed against pre-purchased Flexible Service Blocks. Estimates for the number of hours required will be provided in the project proposal from Phase 1. The former “revisions stage” is replaced by this hourly model; all modifications are simply part of the work covered by your block hours.

II. The Guided Launch Plan This is a collaborative, “Do-It-Yourself with an expert safety net” service.

  • Staging Environment: You will be provided a private, password-protected staging site to build your website for a period of three (3) months.
  • Extensions: If more time is needed, a three-month extension can be purchased for $50. The cost for each subsequent three-month extension will double.
  • Expert Support: All expert assistance, troubleshooting, training, or “done-for-you” tasks during the build are provided via pre-purchased Flexible Service Blocks.
  • Launch Package: To move your completed website from the staging environment to a live server, a mandatory, $300 fixed-price Launch Package is required. This service covers the full technical migration and activation of your ongoing Managed Hosting & Care Plan.

General Payment Terms

  • Invoicing: Invoices for Flexible Service Blocks, fixed-price packages, and any additional work are sent by email and can be paid via the included link. Managed Hosting & Care Plans are billed via monthly auto-payment.
  • Late Payments: In the event that your payment is late or declined, bpnWebTech reserves the right to charge a $25 late fee.

Delinquent Accounts & Service Interruption

bpnWebTech is committed to providing uninterrupted service. To ensure this, clients are responsible for maintaining a current payment method on file for all recurring services.

  • Grace Period: Following a failed recurring payment, an automatic notification will be sent, and a grace period of seven (7) days will be granted to allow the client to update their payment information and settle the invoice.
  • Late Fee Application: If the outstanding invoice is not paid within the 7-day grace period, a late fee of $25 will be automatically added to the invoice, as per our General Payment Terms.
  • Service Suspension: If an account remains delinquent for thirty (30) days past the original invoice due date, we reserve the right to suspend all related services, including but not limited to website hosting and email. A suspended website will be taken offline and will display a generic “Service Suspended” page.
  • Reinstatement Fee: To restore services after a suspension, the client must pay the full outstanding balance, including all late fees, plus a one-time reinstatement fee of $75. This fee covers the administrative actions required to bring the site back online securely.
  • Account Termination & Data Deletion: If an account remains delinquent for sixty (60) days, we reserve the right to terminate the account. Upon termination, all website files, databases, and associated backups will be scheduled for permanent deletion from our servers.
    • While our hosting partner (WPMU DEV) may retain backups for a short period post-deletion (e.g., up to 30 days), recovery is not guaranteed. Restoring a site after termination and deletion will be treated as a new project and will require a full rebuild at the client’s expense.
  • Domain Registration: Domain registrations are critical assets. If a client’s domain was registered through bpnWebTech and the associated account becomes delinquent, we are not responsible for renewing the domain. The client is solely responsible for any consequences that arise from a lapsed domain, including loss of the domain name to another party.

Third-Party or Client Page Modification

  • Third-Party or Client Page Modification: Should you choose to independently edit your website and subsequently damage the design or impair functionality, time to repair the pages will be billed against a purchased Flexible Service Block. A one-hour minimum will apply.
  • Third-Party Hosting Liability: While we offer a high-performance Managed Hosting & Care Plan, we may agree to work on a website hosted with a third-party provider at the client’s request. In such cases, bpnWebTech is not responsible for any website performance issues, security breaches, or downtime caused by the third-party hosting provider’s infrastructure, configuration, or lack of maintenance.

Developer Licenses for WordPress Themes & Plugins

bpnWebTech maintains agency licenses for a toolkit of premium software, which we use on client sites. Access to these licenses is a benefit for active clients. An active client is defined as having either:

  1. A current, paid subscription to a Managed Hosting & Care Plan, OR
  2. A positive, unused balance of hours in a Flexible Service Block.

If you cease to be an active client, the premium plugins and themes on your site will remain functional. However, they will no longer receive security and feature updates through our licenses. To continue receiving updates, you would need to purchase your own individual licenses for that software.

Post-Launch Warranty Period

We provide a 30-day warranty period on all new website builds, effective from the official launch date. During this period, we will correct any bugs or technical errors related to the original scope of work at no charge. This warranty does not cover issues caused by third-party plugins, client-made changes to the site, or new feature requests. All support requests after the 30-day warranty period will be handled using your Managed Hosting & Care Plan support hour or a purchased Flexible Service Block.

Cancellation & Termination

  • Cancellation Notice: All ongoing service agreements are month-to-month. Either party may cancel at any time and for any reason with a 30-day written notice.
  • Consequence of Termination: Upon termination of this agreement, the client is responsible for paying for all hours worked and services rendered up to the effective date of termination. For projects billed with Flexible Service Blocks, any outstanding balance for time spent will be invoiced and due upon receipt. For the Managed Hosting & Care Plan, service will continue through the end of the final 30-day notice period.
  • Asset Handover: Upon cancellation of a Managed Hosting & Care Plan, we will provide a complete backup of your site files and database. It will be your responsibility to have a professional migrate the site to a new hosting provider.

Intellectual Property Rights

You guarantee that all text, images, or other artwork you provide are either owned by you or that you have permission to use them. 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 are either owned by us or we’ve obtained permission to provide them to you.

Provided you have paid in full for the work, we will assign all intellectual property rights to you. You will own the website we design for you, including the visual elements and source files. You own all intellectual property rights to the content and data you provided.

Legal & Final Clauses

  • Displaying Our Work: We reserve the right to display all aspects of our creative work on our portfolio and in other marketing materials.
  • E-commerce: You are responsible for complying with all laws, taxes, and tariffs related to e-commerce.
  • Confidentiality: We agree not to disclose any of your confidential information. Likewise, you agree not to convey any confidential information obtained about bpnWebTech.
  • Limitation of Liability: We cannot 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 or lost savings. Your liability to us will be limited to the total fees payable under this contract.
  • Governing Law: This agreement shall be governed and construed in accordance with the laws of the state of New Jersey. This contract stays in place and need not be renewed.
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