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bpn-services Terms of Service

Summary:

bpn-services 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 bpn-services (“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.

Revisions stage

bpn-services allows up to two (2) revisions of the website before a final draft is submitted and the site is launched. All changes thereafter are subject to additional charges.

bpn-services understands that the Client may request significant design changes to pages that have already been built to the Client’s specification. To that end, please note that our agreement does not include a provision for “significant page modification” or creation of additional pages in excess of those specified above. If significant page modification is requested after a page has been built to the Client’s specification, additional charges will apply.

Some examples of significant page modification at the request of the Client include:

    • Developing a new layout or structure to accommodate a substantial redesign.
    • Recreating or significantly modifying the company logo graphic.
    • Replacing more than 50% of the text to any given page.
    • Creating a new navigation structure or changing the link graphics.

Clients who anticipate frequent changes to the look of their site during the design process and Clients who desire to be intricately involved in the design of each page are encouraged to negotiate an agreement which exceeds the scope of the revisions stage. If significant page modification is requested by the Client beyond the scope of the revisions phase or the website performance pack agreement, the work will be billed at a rate of $40 per hour. Minor modifications, however, will be covered during the development of the site.

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 bpn-services from any claim, suit, penalty, tax or tariff arising from the client’s use of Internet electronic commerce. The client also understands that bpn-services cannot provide legal advice.

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 bpn-services 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 $40 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.

Hosting Fees

We are happy to work on your site on your hosting provider, or you can use our hosting.
We can host your site for $10 a month or as part of one of our website performance packs.
We provide free hosting for sites under construction.
There are no refunds for hosting charges.

You cannot cancel hosting over the phone. To cancel hosting, you must send an email to brian@bpn-services.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.

Website performance packs

Services vary in price and scope. They include a combination of the following services:

    • bpn web services plugin
    • 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
    • Access to premium Divi theme and various premium plugins through bpn-services developer licensing.
    • 2 hours each month for any development, minor debugging, or site content updates
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.

Service/agreement cancellation

Either party can cancel this agreement at any time and for any reason.

In the event that you want to cancel your service, please email brian@bpn-services.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.

In the event that we wish to cancel this agreement, we will contact you via the main contact email we have been provided.

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.

Payment schedule

In the event that your payment is late or declined more than two times in a 12 month period, bpn-services reserves the right to charge a $25 late fee.

Nondisclosure

bpn-services 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 bpn-services to another party.

Cancellation

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, bpn-services shall have the right to retain the original 50% deposit.

Arbitration

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 bpn-services.

Legal stuff

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.

Entire Understanding

This contract and the Appendices attached constitute the sole agreement between bpn-services and the Client regarding this project. It becomes effective when signed by both parties, or with the Client’s documented acceptance of the Agreement via e-mail. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and bpn-services. Both Parties warrant that they have read and understood the terms set forth in this agreement. 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. 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.

Thank you for choosing