1. Agreement and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and BMB Media Works ("Company," "we," "us," or "our"). By purchasing, subscribing to, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Services Offered

BMB Media Works provides the following services:

• Website Development: Custom WordPress websites, e-commerce solutions, responsive design
• Web Hosting: Reliable hosting infrastructure with SSL certificates and technical support
• Logo Design: Custom logo creation and brand identity development
• Graphic Design: Marketing materials, digital assets, and visual content
• Domain Registration: Domain name registration and management services
• Technical Support: 24/7 support for hosted websites and ongoing maintenance

3. Payment Terms and Billing

Subscription Services

• Monthly subscriptions are billed in advance on the same date each month
• Payments are processed through Stripe, our secure payment processor
• All fees are non-refundable unless otherwise specified
• Promotional pricing requires valid discount codes at checkout
• Prices may change with 30 days' written notice for future billing periods

Late Payments and Suspension

• Services may be suspended if payment is not received within 7 days of the due date
• A $25 late fee may be applied to overdue accounts
• Websites suspended for non-payment will be restored upon payment of all outstanding amounts
• Accounts unpaid for 60+ days may result in permanent data deletion

4. Service Delivery and Timeline

Website Development Timeline

• Basic Package: 5-10 business days from subscription and content receipt
• Business Package: 7-14 business days from subscription and content receipt
• The Works Package: 10-21 business days from subscription and content receipt
• Custom Projects: Timeline specified in individual project agreements

Client Responsibilities for Timely Delivery

• Provide all required content, images, and materials within 5 business days
• Respond to requests for feedback and approvals within 3 business days
• Provide access to existing accounts or platforms as needed
• Review and approve deliverables in a timely manner

5. Client Responsibilities and Content

Content Ownership and Rights

• You retain ownership of all content you provide (text, images, logos, etc.)
• You grant us a license to use your content for the purpose of providing services
• You warrant that you have the right to use all provided content
• You are responsible for ensuring content does not infringe on third-party rights

Prohibited Content and Uses

You agree not to use our services for:

• Illegal activities or content that violates applicable laws
• Spam, malware, or malicious software distribution
• Adult content, gambling, or illegal substances
• Harassment, hate speech, or discriminatory content
• Copyright or trademark infringement
• Phishing, fraud, or deceptive practices
• Excessive resource usage that affects server performance

6. Intellectual Property Rights

Our Intellectual Property

• BMB Media Works retains ownership of all proprietary code, frameworks, and methodologies
• Custom designs created for your project become your property upon full payment
• We may showcase completed work in our portfolio unless specifically requested otherwise
• Our company name, logo, and branding remain our exclusive property

Third-Party Components

• Websites may include third-party plugins, themes, or components with their own licenses
• You are responsible for compliance with third-party license terms
• Premium plugins or themes require valid licenses maintained by the client

7. Hosting and Technical Services

Hosting Infrastructure

• We provide reliable hosting with 99.9% uptime guarantee
• Regular backups are performed but clients should maintain their own backups
• SSL certificates are included and automatically renewed
• Technical support is available 24/7 for hosting-related issues

Service Level Agreement

• Uptime Guarantee: 99.9% monthly uptime (excludes scheduled maintenance)
• Support Response: 24 hours for general inquiries, 4 hours for critical issues
• Backup Frequency: Daily automated backups retained for 30 days
• Security Updates: Critical security patches applied within 24 hours

8. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
• We are not liable for indirect, incidental, special, or consequential damages
• We do not warrant that services will be uninterrupted or error-free
• You assume responsibility for data backup and business continuity planning
• Force majeure events (natural disasters, internet outages, etc.) are beyond our control

9. Termination and Cancellation

Client Termination Rights

• You may cancel services with 30 days' written notice
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial months or unused services
• You may request data export before service termination

Company Termination Rights

We may terminate services immediately for:

• Violation of these Terms of Service
• Non-payment after 60 days past due
• Illegal or harmful use of our services
• Abuse of our staff or support personnel
• Resource abuse affecting other clients

Data Retention After Termination

• Website data retained for 30 days after termination for potential reactivation
• After 30 days, all data is permanently deleted from our systems
• Client responsible for exporting data before termination
• Domain names remain under client control if registered separately

10. Dispute Resolution and Governing Law

Governing Law

These Terms are governed by the laws of the State of New York, United States, without regard to conflict of law principles.

Dispute Resolution Process

1. Direct Communication: First, contact us directly to resolve any issues
2. Mediation: If direct resolution fails, disputes will be resolved through mediation
3. Arbitration: Binding arbitration if mediation is unsuccessful
4. Jurisdiction: Any legal proceedings must be filed in Herkimer County, New York

11. International Services

BMB Media Works serves clients worldwide, including the United States, Dominican Republic, and other international locations:

• Services provided in English and Spanish
• All pricing in US Dollars (USD)
• Clients responsible for local taxes and duties
• International clients subject to these Terms regardless of local laws
• Time zone considerations apply to support response times

12. Modifications to Terms

We reserve the right to modify these Terms of Service:

• Changes will be posted on our website with updated effective date
• Significant changes will be communicated via email
• Continued use of services constitutes acceptance of modified terms
• You may terminate services if you disagree with material changes

13. Warranties and Disclaimers

Service Warranties

• Services will be provided with professional skill and care
• Websites will function as designed across modern browsers
• Hosting services will meet stated uptime guarantees
• We will correct any defects in our work at no additional cost

Disclaimers

• Services provided "as-is" without additional warranties
• No guarantee of specific business results or traffic levels
• Third-party integrations subject to their own terms and availability
• Client responsible for compliance with industry-specific regulations

← Return to Homepage