Last updated: April 10, 2022
Please read these terms and conditions carefully before using Our Service and purchasing our Products.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Buckley Web Services, 118 Whitetail Ln., Freeport, PA 16229.
- Country refers to: Pennsylvania, United States
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Products refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Products from Us.
- Service refers to the Website.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Buckley Web Services, accessible from https://www.buckleywebservices.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Website Maintenance Coverage
Management plans cover future website maintenance, such as plugin and software updates, and future website error troubleshooting and repair. Errors include broken links, functions that have stopped working, and similar issues.
Your Subscription does not cover website errors that we estimate will take more than 5 hours to repair, You will be responsible for additional charges for website errors that we estimate will take more than 5 hours to repair. We will offer you a reduced rate for website errors that we estimate will take more than 5 hours to repair.
Errors that exist prior to Your Subscription can be fixed using website editing hours, depending on the severity of the error, as determined by Us.
Website maintenance does not cover custom functions and features, including but not limited to custom plugins, custom themes, and custom code.
The Basic plan does not cover malware infection or hack clean-up. We can fix most malware-infected websites and offer continual protection for an additional $45 per month.
Each website management plan covers 1 domain or 1 subdomain.
Website Maintenance Intervals
Website maintenance will be performed at the following intervals for each website management plan:
- Basic plan – Once per month
- Standard plan – Once per two weeks
- Premium plan – Once per week
The exact date of your website maintenance may vary by 1-3 business days depending on holidays, weekends, and our workload. We try to keep the same maintenance dates when possible, however it is not guaranteed.
Backups will be attempted at your plan’s scheduled interval. It is possible, but unlikely, that a backup would fail during your scheduled interval. During your scheduled website maintenance we will check to ensure your backups are working properly. For Standard and Premium customers, We will be notified when a backup fails.
Each website management plan includes an allotment of monthly website editing time. This time can be used to request changes to your website, including but not limited to: text editing, image uploading, plugin installation, blog posting, and search engine optimization.
Website editing hours cannot be used for the development of custom functions and features (PHP, custom plugins/themes, etc.) unless otherwise approved by Us. Most requests for new functions and features can be fulfilled using plugins, add-ons, and other integrations.
Your monthly website editing hours do not accumulate, or rollover, into the next month.
Website editing hours are billed in 15-minute intervals.
Website editing hours can be purchased at the following rates:
- $85 per hour for websites enrolled in a website management subscription plan
- $95 per hour for websites not enrolled in a website management subscription plan
Support for Third-Party Integrations and Email
We do not provide maintenance or support for third-party integrations or email outside of your content management system (CMS).
For example, if your website uses a plugin to connect with Mailchimp, we will support the Mailchimp-related plugin, but we will NOT provide support for your Mailchimp account itself.
We may be able to help with third-party integrations and email at an additional charge, however, we cannot guarantee support for these items.
We do not provide support for email configuration, troubleshooting, repair, or downtime unless it is an item within your CMS.
We may require various types of access in order to manage your website:
(1) Website Administrator Access – Your website will likely have its own login access that allows users to log in and make updates to the website.
(2) Hosting Access – Your host is responsible for hosting your website files and making your website publicly accessible. Popular hosts include Bluehost, Hostgator, GoDaddy hosting, SiteGround, etc. This login access is required for Us to provide all features of the Product purchased.
(3) Domain Name Registrar Access – Your domain name registrar is the entity/service that handles your domain name purchase and renewals. Popular registrars include GoDaddy, Namecheap, Name.com, etc.
By agreeing to these terms and conditions, you are agreeing to provide Us with the required accesses above as requested by Us.
In the event that you are unable to obtain login access to one or more of the described required Accesses, you agree to the following:
You are authorizing Us to manage and maintain the website on your behalf. You acknowledge that We may require various types of access: Website administrator access and Hosting access via hosting account, cPanel, FTP, or other such platforms. You acknowledge that by providing Us with only limited access, your website or changes made to it may not be reversible or recoverable by Us in the event of a website problem, virus, malware, emergencies, errors or mistakes. Website problems and/or emergencies include but are not limited to the website breaking; the website going offline; certain functionality on the website breaking or becoming corrupted; lost design; lost content; lost data; lost search engine visibility; incompatibility of website plugins, themes, frameworks, and software, issues related to security vulnerabilities, instances of hacking, brute force attacks, DDoS attacks, or any other technical issue related to the website, the server, and/or the domain name. You understand that you will be responsible for contacting your host, your domain name registrar, or other responsible 3rd parties to handle issues that We cannot handle due to limited access. You also acknowledge that some Product features may not be available to you if you provide Us with only limited access.
Placing Orders for Products
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, and Your billing address.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Products availability
- Errors in the description or prices for Products
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Products you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
You have the right to cancel an Order for Products within 24 hours of the payment.
We will reimburse You no later than 14 days from the day on which We receive your request to cancel. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Products:
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Access to the features contained in Our offerings are limited to the capabilities of the platform in which your website was built on.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Website designs require a non-refundable deposit of at least $250. You will be notified of the exact deposit amount before any work is begun.
Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Recurring payments are collected automatically by default, You can pay subscription invoices manually for an additional 5% fee if you notify us before you sign up for your website management plan.
The Products or some Products are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
We reserve the right to cancel Your Subscription at Our discretion. You will be able to access the Service until the end of Your current Subscription period or You will be issued a full or partial refund.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable unless you notify the Company within 24 hours of your purchase.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
We are not legally responsible or liable for the content or function of work rendered, including websites, written or graphical content, or functionality.
You are responsible for any legal requirements pertaining to Your specific industries and fields of expertise.
We are not legally responsible or liable for the materials which are provided by You, including registered trademarks, copyrights, or additional intellectual properties. Work is accepted in good faith based on the understanding that You have obtained or own all necessary rights to such properties.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: firstname.lastname@example.org