Terms of Service
Last Updated: April 14, 2022
General Business Information & Introduction
McDonald Web Works LLC ("MWW") is an incorporated limited liability company in the Commonwealth of Virginia and licensed in the City of Virginia Beach with a principal business address of 4536 Duffy Drive, Virginia Beach, VA. MWW may be contacted by phone at 757-453-4974 or by email at [email protected].
MWW and all clients engaging in a business arrangement or agreement with MWW agree to the following Terms of Service ("Terms").
Services Provided
MWW primarily provides website design, development, hosting, maintenance, support, and consulting. WP Covered is a productized WordPress hosting, maintenance, and support service offered by MWW. MWW also provides general communications and marketing consulting and print graphic design.
Pricing & Retainers
Unless otherwise agreed to in writing, the standard hourly rate for services provided by MWW is $120.00 per hour U.S.D. billed in increments of 10 minutes. Project contracts, agreements, or estimates may utilize a discounted rate.
WP Covered Membership
WP Covered is a productized WordPress hosting, maintenance, and support service offered by MWW. Clients who enter into an agreement for these WordPress hosting, maintenance, and support services are known as "WP Covered Members."
WP Covered membership pricing is determined by the amount of hosting resources selected by the WP Covered Member, with pricing for these resources reflected in membership pricing at the time a member subscribes to the service or is sent an invoice. A primary website is included in the price of WP Covered membership. WP Covered Members selecting a virtual private server (VPS) for hosting may add additional WordPress sites to their membership at the cost of $40.00 per month. WP Covered Members may also add VIP Hours to their plan as monthly retained hours of services retained. The cost of VIP hours for WP Covered members is $40.00 for the first hour and $80.00 for each additional hour. The maximum number of VIP hours that may be retained each month is 10. VIP hours do not roll over from month to month.
Clients may pre-authorize a number of hours to be billed monthly at MWW's standard hourly rate for related services performed beyond VIP hours included in their WP Covered plan. These hours may be billed without any further communication or authorization.
Retained hours are used at the direction of the client. Should a request likely exceed the number of retained hours and any pre-authorized additional hours, MWW will notify the client in writing that there will likely be additional hours billed at MWW's standard hourly rate and an estimate of these hours. The client must approve this estimate in writing prior to their request being completed.
WP Covered Members may have an unlimited number of unrelated small tasks completed for them on their website. Small tasks are defined as tasks requiring 5 minutes or less to complete. Small tasks will not be billed and will not count toward VIP Hours or other retainers. MWW reserves the right to determine if this benefit is being abused and bill at the standard hourly rate or use VIP Hours or other retainers to cover the cost of tasks that are part of a larger project.
Web Design and Development
MWW may be contracted to provide complete website design and development. Additional terms of website design and development projects will be specified within the project contract. No website design and development projects will be engaged in without a mutually agreed upon contract.
Web design and development services may also be provided to clients with either an approved estimate in writing for smaller projects or a mutually agreed contract for larger projects. Additional terms of web design and development projects will be specified within the project contract.
Payments
All new WP Covered members will establish a monthly auto-payment for their WP Covered plan. WP Covered membership is paid in advance of services provided.
WP Covered membership plan payments will either be auto-paid monthly on the day the plan is established and the first payment made or be paid on the date the plan is initially established and then monthly on the first date of the month thereafter, with the initial payment prorated. This is at the discretion of MWW.
Cancellation and Refunds
WP Covered Members may cancel their membership at any time in writing. Upon being notified of a member's cancellation, MWW will work with the member to ensure a smooth transfer of their website from MWW's hosting services if the member is transferring their website.
MWW will not cancel auto-payments for WP Covered memberships until we receive notification in writing that the member's website(s) have successfully been transferred or the member verified in writing that they no longer wish for their website(s) to be online.
A refund for any full unused months of services paid in advance will be issued to the canceling member. Refunds will not be issued for any partially unused months of services paid in advance.
Nonpayment
Should a WP Covered Member fail to make their monthly or annual payment, MWW will make a good faith effort to work with the member to update their payment information or successfully make the missed payment. Should the member not make a payment within a reasonable time of this effort, MWW will notify the member that their services will be terminated in 7 business days. If payment is not received after this notification, all services will be terminated. If the client has not transferred their website (files and database) at the time of termination, their website(s) will go offline. MWW will not assist in the transfer of a website when a member fails to make their payment.
If MWW manages member domains, ownership of domains will revert to MWW upon the termination of member services for nonpayment. Former members may purchase domains back at $250 or estimated market value, whichever is greater, within sixty (60) dates of termination of services for nonpayment. MWW reserves the right to transfer ownership of domains to former members should the former member resume membership with all former amounts due paid in full. After sixty (60) days of termination of services for nonpayment, MWW may sell the domain to any party.
MWW reserves the right to attempt to collect any past due amounts from former members via any legal means after the termination of services for nonpayment.
Services and Benefits Included
In addition to hosting, all websites included in a WP Covered membership include SFTP/SSH access, secure encryption of data via SSL/HTTPS, customized Cloudflare content delivery network (CDN) and firewall, 24/7 uptime monitoring, daily off-site backups, daily local backups of core WordPress and plugin files and the site's database, daily WordPress core and plugin updates with the ability to roll-back updates should the update cause a significant issue with the design and functionality of the website, email support at normal and urgent levels, access to MWW's selection of premium plugins.
Server, CDN, firewall, and DNS record updates and maintenance are included in every WP Covered membership.
Premium plugins currently include Beaver Builder Pro, Beaver Themer, Gravity Forms Elite, Admin Columns Pro, and Advanced Custom Fields Pro. MWW reserves the right to discontinue offering any premium plugins to WP Covered Members after providing notification to members one-year prior to the discontinuation.
Specific deliverables may be defined in project contracts for web design and development.
Indemnification
While making every effort to meet the needs of our clients, MWW makes no promises regarding the technical or business performance of any website designed, developed, hosted, maintained, or otherwise serviced by MWW. By entering into any agreement with MWW, clients agree to hold harmless MWW for any lost technical or business performance of their website(s), including but not limited to downtime, loading time, loss of functionality, decrease in the number of visitors, number of page views, or lost revenue.
Transferability, Enforceability, and Jurisdiction
Agreements within these Terms can not be transferred to anyone else without written notice by the client to MWW. Contact information updates made within the client dashboard constitute written notice.
If, for some reason, part of these Terms become invalid or unenforceable, the remaining parts of these Terms remain in place.
If a dispute arises under these Terms, any party may take the matter to the appropriate court with jurisdiction in Virginia Beach, VA. The client waives all rights to dispute this agreement with any other court or authority.
Changes to These Terms
MWW reserves the right to update these Terms of Service at any time. Every major version of these Terms will be kept available on the website of MWW. The Terms current at the time a contract or agreement is entered into or a WP Covered membership payment is made will be in force.
Changes in prices, such as hourly rates, VIP Hours, etc., shall be communicated to existing Clients and not go into effect for auto-paid Clients until 30 days after this notification.
Past Versions