BrandOps
Website Hosting & Maintenance Terms of Service
Brenits Creative (“HOST”) and the Client / Website Owner (“CLIENT”) may be referred to individually as a “Party” and collectively as the “Parties.”
By using HOST’s website hosting, maintenance, and support services (“Services”), CLIENT agrees to be bound by the terms and conditions set forth below.
1.0 ACCEPTANCE
1.1
By accepting this agreement and using HOST’s Services, CLIENT agrees to be bound by all terms and conditions of this Agreement.
1.2 Billing Term
“Billing Term” means either (a) a monthly billing period or (b) an annual billing period, as selected by CLIENT and accepted by HOST. Billing Terms renew automatically unless terminated in accordance with this Agreement.
2.0 SERVICES & DELIVERABLES
HOST agrees to provide CLIENT with website hosting and maintenance services pursuant to the selected service plan, which may include the following:
2.1 Web Hosting
Dedicated website hosting on HOST’s managed WordPress hosting environment.
2.2 Site Backup & Recovery
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Automated daily backups (at minimum)
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Disaster recovery (one recovery per calendar year included)
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Uptime monitoring
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Staging site copy maintained upon request
2.3 Site Updates & Optimization
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Monitoring and application of WordPress core updates
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Monitoring and application of plugin updates
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Monitoring and application of theme updates
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Basic website optimization
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Malware and security scanning
3.0 SUPPORT & SCOPE
3.1
Support services include basic troubleshooting related to hosting, updates, backups, and security.
3.2
Client-requested content updates, page edits, design changes, or other non-maintenance modifications are not included, unless expressly stated in CLIENT’s selected service plan.
3.3 Premium+ Content Updates
For clients on the Premium+ plan only, up to thirty (30) minutes per month of simple content updates are included.
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Unused time does not roll over
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Included time is limited to minor text edits, image swaps, and similar updates
3.4 Additional Services
Any services beyond those included in the selected service plan will be billed separately at HOST’s then-current hourly rate or via prepaid support blocks.
3.5 Plan Modifications
HOST reserves the right to modify service plan features with thirty (30) days’ written or emailed notice. Continued use of Services after such notice constitutes acceptance of the modification.
4.0 AGREEMENT TERM
4.1
This Agreement begins on the date of execution and continues for the duration of the selected Billing Term. Upon expiration, this Agreement automatically renews for successive Billing Terms of the same duration unless terminated in accordance with this Agreement.
5.0 TERMINATION WITHOUT CAUSE
5.1 Client Termination
CLIENT may terminate this Agreement at any time by providing notice to HOST.
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Monthly Billing Term: Termination is effective at the end of the current monthly service period. No refunds will be issued for the current period.
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Annual Billing Term: All fees paid are non-refundable, and termination is effective at the end of the current annual Billing Term.
5.2 Host Termination
HOST may terminate this Agreement for any reason by providing no less than thirty (30) days’ written or emailed notice.
5.3 Data Return
Upon termination, HOST will provide CLIENT with an archive of website files and databases via email or file transfer. HOST has no obligation to host or maintain data after termination.
6.0 TERMINATION FOR CAUSE
6.1
CLIENT agrees to comply with this Agreement and HOST’s usage policies.
6.2
Any violation may result in immediate termination without refund. HOST is not obligated to refund any fees for the Billing Term in which termination occurs.
7.0 PAYMENT TERMS
7.1 Pricing Changes
CLIENT agrees to pay HOST according to the pricing posted at:
http://brenits-creative.local/client-portal/web-hosting/
HOST may modify pricing with thirty (30) days’ notice. Pricing changes apply at the start of the next Billing Term.
7.2 Billing & Payment
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Monthly Billing Terms are invoiced monthly in advance
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Annual Billing Terms are invoiced in full prior to the annual service period
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Payment is due immediately upon receipt of invoice
7.3 Late Payments
HOST may apply interest of 1.5% per month to balances unpaid after thirty (30) days.
7.4 Upgrades & Add-Ons
Charges for plan upgrades or add-on services will appear on the next invoice unless otherwise agreed.
7.5 Annual Billing
Annual Billing Terms may include discounted pricing at HOST’s discretion. Annual Billing Terms renew automatically unless cancelled prior to renewal.
7.6 No Proration
No prorated refunds or credits will be issued for partial Billing Terms, except where required by law.
8.0 TAXES
CLIENT is responsible for all applicable taxes and governmental fees related to Services or products sold using the Services.
9.0 CLIENT MATERIALS
CLIENT is responsible for the accuracy, legality, and usability of all materials provided. HOST may reject materials that violate this Agreement.
10.0 ELECTRONIC MAIL ABUSE
CLIENT agrees not to use HOST’s servers for spam, harassment, or malicious email activity. Violations may result in immediate termination and administrative fees.
11.0 NETWORK SECURITY
CLIENT may not attempt to breach or interfere with HOST’s systems. Violations may result in termination and legal action.
12.0 WARRANTY AGAINST UNLAWFUL USE
CLIENT warrants that Services will be used only for lawful purposes. Violations may result in immediate termination.
13.0 LIABILITY; NO WARRANTY
13.1
Services are provided “as is” and at CLIENT’s sole risk.
13.2 Uptime
HOST targets 99.95% uptime. Service credits, if any, are CLIENT’s sole remedy.
13.3 Limitation of Liability
HOST shall not be liable for indirect, incidental, or consequential damages.
14.0 INTELLECTUAL PROPERTY
HOST retains ownership of all licensed software, tools, and proprietary systems. CLIENT warrants rights to all materials provided.
15.0 LICENSED TECHNOLOGY & THIRD-PARTY SERVICES
15.1
Certain plugins, themes, and services are licensed under HOST’s accounts and remain HOST’s property.
15.2
Upon cancellation or migration, licensed features may be disabled unless CLIENT obtains independent licenses.
16.0 EQUIPMENT
CLIENT is responsible for all equipment and software needed to access Services.
17.0 AGE REQUIREMENT
CLIENT represents that all authorized users are at least 18 years of age.
18.0 INDEMNIFICATION
CLIENT agrees to indemnify and hold HOST harmless from all claims arising from CLIENT’s use of Services.
HOST’s total liability shall not exceed the total fees paid by CLIENT during the term of this Agreement.
19.0 ATTORNEYS’ FEES
The prevailing party in any legal action shall be entitled to reasonable attorneys’ fees.
20.0 NOTICE
CLIENT must keep contact information current. Failure to do so may result in termination.
21.0 GOVERNING LAW
This Agreement is governed by the laws of the State of Arizona.
22.0 SEVERABILITY
Invalid provisions shall not affect the enforceability of remaining provisions.
23.0 WAIVER
Failure to enforce any provision shall not constitute a waiver.
24.0 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements.