Terms of Service for BPetersonDesign
These Terms of Service and the conditions listed below apply to BPetersonDesign, dev.bpetersondesign.com, and all products / services offered by BPetersonDesign, and the conditions concerning your use of and access to the BPetersonDesign website. By accessing, using, or downloading any materials or content from the website, you agree to follow and will be bound by all conditions included in this document. If you do not agree with these Terms you may not use our products and/or website.
Use Provisions
Internet Services, Content, Products, and Accuracy of Data: We attempt to ensure that information on this website is complete, accurate, and current, however, due to the nature of the information we gather (and its sources) it may be inaccurate, incomplete, or out of date. We make no guarantees as to the accuracy or completeness of any information expressed on our website. All features, content, product descriptions, product pricing, services, and statements of said products and services described or displayed on this website are subject to change at any time without notice. BPetersonDesign continually attempts to accurately display all aspects of our products and services.
Order Confirmations
It is our practice to confirm orders by email receipt. Receiving said email binds the client to their obligations as outlined in the Billing and Payments Section included in this agreement. Receiving an email receipt does NOT constitute an agreement beyond the specified details of that receipt. You may request a receipt be mailed to you. If you do not receive a receipt by mail your emailed copy will serve as your formal receipt. Anyone “logging in” to our client side confirms that they have received a receipt and will be bound by the terms and conditions regarding Billing and Payments below. We reserve the right without prior notice and at our discretion to refuse service to any customer along with access to the website by any visitor or customer should it be used inappropriately or beyond the scope of what BPetersonDesign deems acceptable.
Materials and Content
ALL materials and content provided by BPetersonDesign or displayed on dev.bpetersondesign.com require written authorization to be used or transmitted by any user of the website. Any material generated by BPetersonDesign and displayed on the website is the sole property of BPetersonDesign. This includes, but is not limited to: Product Branding, Report Generation, Images, Client Data, Content, and Accounts Created.
Any unauthorized use of said materials and content may violate local, state, or federal laws designed to protect copyrights, trademarks, and intellectual capital. It is the client’s responsibility to comply with the laws governing their use of the website and protect their personal information (specifically account username / password) along with the confidentiality of their information that may be displayed. You agree to accept responsibility for all activities that occur with-in your account and will NOT hold BPetersonDesign liable should the account (or its data) be compromised by an unauthorized user.
Termination
BPetersonDesign has the right to terminate your account at any time for any reason and you “the user” or “account holder” has the right to terminate your account at any time for any reason within the guidelines of our Billing and Payments Section.
Campaign Ownership
All advertising campaigns are the property of BPetersonDesign unless otherwise stated in an additional contract or addendum.
Billing and Payments
BPetersonDesign has specific policies concerning billing and payments. ALL products offered by BPetersonDesign fall under this scope, including but not limited to: Lead Generation PPC, Ecommerce PPC, SEO (and all addons), Websites (and all addons), Graphic Design. Payments may be made by credit card or check (in some instances). Any money that has been spent on an account by BPetersonDesign to any third party (specifically search engines) is not refundable at any point. Set-up fees charged for account creation and establishment are not refundable.
ALL accounts are put on a recurring payment cycle, unless specified otherwise by the customer at point of sale. Any client wishing to be taken off recurring status, pause an account, or cancel an account must contact BPetersonDesign at 855-854-8007 at least 2 business days prior to the due date of their next payment. It is the sole responsibility of the customer to contact BPetersonDesign to cancel their account.
Payments made by credit card MUST be successfully processed by BPetersonDesign to keep accounts online and active to prevent any ‘down-time’ or temporary termination of service.
WordPress Hosting Transfer Promotion
Eligibility: The promotion is available to new BPetersonDesign Managed WordPress Hosting clients with an existing qualifying WordPress website. All websites are subject to review for compatibility, security, size, traffic, software requirements, and overall condition before acceptance.
Free Website Migration: For qualifying websites, BPetersonDesign will migrate the existing WordPress website from the client’s current hosting provider to BPetersonDesign’s hosting environment at no additional charge. Standard migration is included. Websites requiring extensive troubleshooting, malware remediation, custom server configuration, reconstruction, software replacement, or other work outside a standard migration may require an additional quote before work begins.
Two Free Months: Qualifying new clients will receive their first two months of BPetersonDesign Managed WordPress Hosting at no charge. Following the promotional period, qualifying standard business websites will automatically continue at the then-current hosting rate, currently $99 per month, unless canceled in accordance with BPetersonDesign’s cancellation terms.
Managed Hosting: Managed hosting may include hosting, backups, SSL, firewall/security measures, applicable software maintenance, monitoring, and other services included in the client’s selected hosting plan.
Website Updates Included: Website updates included with Managed Hosting are intended for reasonable updates to an existing website, such as text changes, image replacements, content edits, and similar routine requests. New website functionality, extensive page creation, redesigns, custom development, integrations, ecommerce changes, or other work outside the normal scope of website maintenance may require a separate quote.
Third-Party Costs: The promotion does not include third-party software, premium plugins, licenses, subscriptions, domain registration fees, paid integrations, or other third-party charges unless expressly stated in writing.
Access Required: The client is responsible for providing timely and valid access to their current website, WordPress administration, hosting account, domain/DNS provider, and any other systems reasonably required to complete the migration.
Promotion Limitations: Promotional offers may not be combined with other discounts unless expressly approved by BPetersonDesign. BPetersonDesign reserves the right to determine whether a website qualifies for the promotion and may modify or discontinue promotional offers at any time before acceptance.
Terms Apply: Participation in the promotion constitutes acceptance of BPetersonDesign’s Terms of Service and applicable Managed WordPress Hosting terms.
Ending Hosting During or After a Promotional Period
Clients are not required to continue hosting with BPetersonDesign after a promotional period.
If a client chooses to discontinue BPetersonDesign Managed Hosting, the client is responsible for arranging and completing the transfer of their website, domain settings, DNS, email services, or other applicable services to a new hosting provider before their BPetersonDesign hosting service ends.
BPetersonDesign will reasonably cooperate by providing website files, database files, or access needed for the transfer when applicable. Migration or transfer services to another hosting provider are not included and may be available for an additional fee if assistance is requested.
The client is responsible for ensuring the website has been successfully transferred before hosting with BPetersonDesign is canceled. BPetersonDesign is not responsible for website downtime, data loss, email interruption, DNS issues, or other service disruptions resulting from an incomplete or unsuccessful transfer to another provider.
I especially like including the sentence about providing their files. It makes the policy feel fair instead of sounding like you are holding their website hostage, while still making it clear that you are not responsible for doing a free migration back out if they choose to leave.
Limitation of Liability & Customers (Clients) Responsibility
BPETERSONDESIGN ACCEPTS NO RESPONSIBILITY IN THE FOLLOWING INSTANCES: SHOULD AN ACCOUNT BE BROUGHT OFF-LINE AS A RESULT OF TECHNICAL DIFFICULTIES AT OUR FACILITIES OR THOSE OF THE VENDORS BPETERSONDESIGN USES. DUE TO THE TECHNICAL NATURE OF OUR PRODUCTS AND SERVICES BPETERSONDESIGN CAN NOT BE HELD RESPONSIBLE FOR TECHNICAL DIFFICULTIES THAT OCCUR. BPETERSONDESIGN’S ADVERTISING SERVICES ARE DESIGNED TO BE EMPLOYED AND MANAGED BY BPETERSONDESIGN AND DO NOT GUARANTEE ANY INCREASE IN BUSINESS OR SPECIFIC TRAFFIC LEVELS TO A GIVEN ADVERTISEMENT. ANY LOSS OF BUSINESS RESULTING FROM AN ADVERTISEMENT IS SOLELY THE RESPONSIBILITY OF THE CLIENT. IF A CLIENT NOTICES AN ERROR IN THEIR ACCOUNT, ON THEIR ADVERTISEMENT, OR IN ANY PRODUCT OR SERVICE – IT IS SOLELY THEIR RESPONSIBILITY TO CONTACT BPETERSONDESIGN TO HAVE IT CHANGED.
Third-Party Disclosure
BPETERSONDESIGN USES THIRD PARTIES FOR VARIOUS PRODUCTS AND SERVICES AND CANNOT BE HELD RESPONSIBLE FOR DOWNTIME OR LOSS OF BUSINESS DUE TO FAILURES OF SAID THIRD PARTIES.
Representations and Warranties
Each party represents and warrants that it has the power and authority to enter into this agreement and fully understands ALL of the TERMS AND CONDITIONS expressed within.
Intellectual Property Notice
All elements of this website (dev.bpetersondesign.com) that have been generated by BPetersonDesign are the intellectual property of BPetersonDesign.
Copyright © BPetersonDesign
All rights reserved.
Legal Contact Information
If you have any questions about these Terms please contact us through our website or at 623-232-8056.
