Terms and Conditions
Built for Service is comprised of website hosting, maintenance, security services and website backups provided by us to you as outlined below.
Contract Start Date
The service you signed up for is effective as of the date of your sign-up.
The Project
You are hiring us to complete your website design. The project cost includes a one-time sign-up fee of $350 and a monthly fee of $197. This fee covers only the services detailed herein. When you hire us, we operate as independent “work-for-hire” contractors and are not employees of you or your business.
Proposal of Services
The Proposal of Services outlines the work we will provide to you, including—but not limited to—deliverables, specifications, and all compensation to be paid. If you request additional services, we may enter into additional Proposals of Service signed by both parties. These Proposals will supplement the terms of this Agreement. If there is a conflict between this Master Services Agreement and a Proposal of Services, the terms of the Proposal shall control regarding the scope of work and fees.
Late Payment and Collections
Monthly Services are billed on a month-to-month basis. Payment is due on the first day of the month and is considered overdue after 30 days. If payment is more than 30 days past due, we reserve the right to suspend your website from public view. This will occur if your payment is more than 90 days overdue. Bills are sent on the 1st of each month.
We require a credit card on file in case of nonpayment after 30 days. We will notify you before charging the card. You agree to pay all costs of collection, including reasonable attorney’s fees. If a check is returned for non-sufficient funds (NSF), it will not be re-deposited and you will incur a $35 fee.
Cancellation and Refund Policy
You may cancel Monthly Services with 30 days’ notice. We do not offer refunds for any services. If you cancel Monthly Services, you are responsible for backing up and maintaining your website.
We will remove your website from our servers when your subscription expires. In such cases, you will be provided with an export of your pages and any blog posts (if applicable), but not the actual design. You are responsible only for services rendered and approved expenditures.
Delayed, Suspended, and Abandoned Projects
Projects may stall if we are waiting on assets, information, feedback, or approvals. During such delays, we may begin work on other client projects.
- A project is delayed if we do not receive a response within 5 business days. The project may be removed from our active queue and rescheduled.
- A project is suspended if we receive no response for 45 days. At this point, the remaining balance will be invoiced and due immediately.
- A project is abandoned if no response is received within 90 days. Any paid amounts will be forfeited.
If a website is not completed within 60 days due to client delays, we reserve the right to begin charging website management fees.
Website Content
Content creation is not included. We can provide it for an additional fee.
Third-Party Services
We are not responsible for the work of third-party vendors (e.g., SEO professionals, content writers). Any work needed to correct issues caused by third parties will be billable at our current hourly rate.
Email Deliverability and Email Service
We are only responsible for sending, not delivering, emails triggered by website events. Clients must check spam folders and form entries regularly.
We are not responsible for loss of domain names due to failed payments. Time spent restoring a site after domain expiration is billable.
Email service is not included in Monthly Services. We recommend third-party providers like Google Workspace or Microsoft 365, which we can help set up for a fee.
Monthly Services
Monthly Services include:
- Website Functionality: Ensuring site and form functionality, and store operations (if applicable).
- Backups: Daily automatic backups stored in our cloud vault.
- Software Updates: Regular updates to WordPress core, theme, and plugins. We also respond proactively to industry threats.
If your site is hacked, we will restore it at no cost, using the latest backup or malware cleanup.
- Unlimited Monthly Support: Includes content updates such as text and images.
Hosting Services
Our service includes website hosting. Hosting elsewhere may incur additional charges due to workflow adjustments.
Restoring and Plugin Support
We will restore backups due to hacks or user error. For sites we build, we maintain premium plugin licenses as long as you’re subscribed to Monthly Services. If you cancel, maintaining plugin licenses becomes your responsibility.
Passwords
Passwords are shared via secure, self-destructing links. Once destroyed, we no longer have access. Use a password manager for storage.
Disclosure to Law Enforcement
We may disclose information to law enforcement as legally required without further consent.
Indemnification
You agree to indemnify and hold harmless Built For Service and its affiliates from any losses, claims, or liabilities arising from this Agreement, your use of services, or infringement claims. This includes all legal fees.
Intellectual Property Rights
You own the website and visual elements upon full payment. We retain ownership of tools, code, and systems developed independently or reused for efficiency. You also retain ownership of any content you provided.
Changes After Launch
Once your site is launched, the project is considered complete.
Additional charges apply for:
- Post-launch compatibility issues
- Code/plugin additions or changes
- Browser version conflicts
- Site hacks or data loss
- Third-party changes or updates
Choice of Law and Forum
This Agreement is governed by the laws of New Jersey. Disputes will be resolved by arbitration through the American Arbitration Association in Bergen County, NJ.
Refusal or Discontinuation of Service
We reserve the right to terminate services with 30 days’ notice. You will be refunded a prorated amount for that month.
Description of Services and Price
We will provide website design and programming as outlined in the Proposal of Services, in a timely and professional manner.
License Usage
Built For Service provides plugin licenses during the first year. After that, clients pay $150 per year for license renewals. Clients are responsible for maintaining licenses after termination.
Disclaimer of Warranty
- Designer Warranty: We warrant that the website will be free from defects and functional on major browsers.
- Client Warranty: You warrant that all provided content is legally owned or licensed. You agree to indemnify us for any third-party claims arising from your content.
Severability
If any part of this Agreement is found invalid, the remaining sections will remain in full effect.
Headings
Headings are for convenience and do not affect interpretation.
Entire Agreement
This Agreement and any attached Proposals represent the full agreement between both parties and supersede prior agreements.
Modifications
This Agreement may only be modified in writing, signed by both parties.
Advertising
Built For Service may showcase your website on our site and social media, including case studies and newsletters. You may opt out at any time.
Limitation of Liability
Neither party is liable for indirect or consequential damages. Total liability is limited to fees paid in the preceding 12 months.
Assignability
Neither party may assign this Agreement without the other’s written consent.
Privacy Policy
If you decline our cookie/privacy policy tools, you are solely responsible for:
- Drafting a compliant privacy policy
- Implementing cookie consent tools
- Ensuring legal compliance
Built For Service is not liable for legal issues related to privacy law compliance.
Website Accessibility
We do not guarantee ADA or other accessibility compliance unless explicitly included in the Scope of Work. If required, you must notify us or obtain legal guidance.