Terms & Conditions

Terms & Conditions


By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

For us to do our jobs, you will have to give us certain information about yourself, such as identification, contact details. You agree that this information is accurate, and up to date. We will also need server credentials, passwords and other information. If we do not have accurate information, we will not be able to properly perform our work, and your account may be terminated.

You are responsible for the confidentiality of your login information. Any activities that occur on your website or hosting account are solely your responsibility. We provide a secure email endpoint that you may send information to, but it is your responsibility to send it to that endpoint as opposed to regular communication methods.

Hacking our website or accessing our services by means other than a support contract is prohibited.

Any activity that disrupts our service for other customers is likewise prohibited.

We do not assume any liability for 3rd party content posted on your properties. We are not responsible for any delay or failure in removing copyrighted or trademarked materials from your site.

You agree to indemnify, and hold harmless Brightwork from and against all losses, expenses, damages and costs.

You understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Brightwork is not be liable for any direct, indirect, incidental, loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Hosting
We work with most hosting companies. However, every once in a while we will recommend migrating your website to a new hosting provider because of technical issues with your current hosting provider. We’ll work with you to review needs and options, and find a hosting plan that will best suit your needs.

Updates
We update the following as part of our core service:

• WordPress Core updates.
• Officially supported plugins available from the WordPress plugin repository.
• Themes available from the WordPress theme directory.
• Premium themes and plugins from a third party.

We may need your license information or login credentials to the location from which you purchased the third party software in order to update these themes and plugins.

Support Requests
All support requests should be submitted though our Support Portal (support.brightwork.com) so we can respond to them in a timely manner. On purchasing a subscription, you will receive an invite to our Support Portal. Support requests need to be approved before we can begin work. Requests sent to us via any other method or means of communication, such as email, phone, text, etc. need and will be transferred to a Support Portal ticket for further processing. We cannot guarantee timely response as well as accurate record of communication for anything outside of the Support Portal. When referencing previous communication, we utilize the Support Portal tickets and base our information solely off what is found in those tickets.

Support Time
Support time can and will be used for the following:

• Email, Phone, Chat Support
• Consultation and Meetings
• Basic content changes, including changes to text and images
• Creating new pages within your existing website framework
• New Plugin installation and configuration

Support time cannot be used for:

• New feature implementations
• New theme installation
• Custom development and programming
• SEO Optimization

Support time, if unused by the end of the calendar month, will not roll over month-to-month on Monthly Payment Plans. Support Time will roll over month-to-month for a period of 12 months and will expire at the end of the 12 months on Annual Payment Plans, no exceptions. Website Care plan support time will always be used first prior to billing for any work that extends past the amount of support hours in your account. Support time hours may only be used in advance on Annual Payment Plans.

Refunds
You may cancel your Website Care plan for any reason, and we will prorate your account for any unused portion of that month, or year if you are on an Annual Payment Plan.

If Support Time hours were used in advance and you decide to cancel your subscription early you will be billed for the amount of hours that you used ahead of time at our standard hourly rate at the time of the cancellation.

Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on Brightwork’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not modify or copy the materials;

ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Brightwork’s web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Brightwork at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

a. The materials on Brightwork’s web site are provided “as is”. Brightwork makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Brightwork does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations
In no event shall Brightwork or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Brightwork’s Internet site, even if Brightwork or a Brightwork authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata
The materials appearing on Brightwork’s web site could include technical, typographical, or photographic errors. Brightwork does not warrant that any of the materials on its web site are accurate, complete, or current. Brightwork may make changes to the materials contained on its web site at any time without notice. Brightwork does not, however, make any commitment to update the materials.

Links
Brightwork has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Brightwork of the site. Use of any such linked web site is at the user’s own risk.

Site Terms of Use Modifications
Brightwork may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law
Any claim relating to Brightwork’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

-Version 2.1 June 11, 2024