Terms of Service

Effective Date: January 9, 2025
Last Updated: January 9, 2025

These Terms of Service (“Terms”) govern your use of services provided by Wright Custom Websites (“we,” “us,” or “our”) and your access to wrightcustomwebsites.com (the “Site”). By engaging our services or using our Site, you agree to these Terms.

1. Services Offered

Wright Custom Websites provides:

Custom website design and development
Website management and maintenance
Performance optimization
Quick Launch template websites
Related web design services as agreed upon in individual project proposals

All services are subject to the specific terms outlined in your project proposal or service agreement.

2. Service Packages and Pricing

2.1 Partnership Package

Our standard website build includes 12 months of management as outlined in individual proposals. Pricing and scope are detailed in project-specific proposals.

2.2 Quick Launch Website

Template-based websites delivered within 5 business days, subject to client providing all required materials on Day 1. Pricing and limitations are outlined in the Quick Launch service description.

2.3 Ongoing Management

After the initial 12-month period (Partnership Package) or immediately following launch (Quick Launch), clients may continue management services on a month-to-month or annual basis as outlined in proposals.

3. Performance Guarantees

3.1 Website Speed Guarantee

Guarantee Terms:
We guarantee that your website will achieve a Largest Contentful Paint (LCP) of 2 seconds or less when tested under the following conditions:

Testing performed using Chrome DevTools
Network throttling set to “Fast 4G” preset
Desktop or mobile device simulation as applicable

Verification and Proof:
Our own testing using the methodology described above serves as official verification that the guarantee has been met. We are not required to provide a refund if our testing demonstrates compliance with the 2-second LCP threshold.

Client Testing:
If you believe the speed guarantee has not been met, you may request that we conduct testing in your presence (via screen share). We will perform the test using the methodology outlined above.

Exclusions:
The speed guarantee does not apply if:

Client adds third-party scripts, plugins, or code after launch without our approval
Client makes changes to hosting environment or server configuration
Client uploads unoptimized images or media files without our assistance
Performance degradation is caused by factors outside our control (hosting provider issues, DDoS attacks, etc.)

Remedy:
If we fail to meet the speed guarantee at launch, we will continue optimization work at no additional cost until the guarantee is met. If optimization efforts do not achieve the 2-second threshold within 30 days of launch, client may request a full refund of the project cost.

3.2 Response Time Guarantee

Guarantee Terms:
We guarantee a response to all client requests, questions, and support inquiries within 24 hours of receipt during normal business operations.

What Constitutes a Response:
A “response” means acknowledgment of your request and either:

Resolution of the request
Estimated timeline for completion
Request for additional information needed to proceed

Exclusions:
The 24-hour response guarantee does not apply in the following circumstances:

Catastrophic Life Events:
The guarantee is suspended during periods when Kevin Wright experiences:

Death in the immediate family
Severe illness or hospitalization
Other extraordinary personal emergencies

In such cases, clients will be notified as soon as reasonably possible, and service will resume when circumstances permit.

Scheduled Vacation Time:
The guarantee is suspended during pre-disclosed vacation periods, provided:

Vacation time is communicated to all active clients at least 24 hours in advance via email
Notification includes vacation dates and expected return date
Upon return from vacation, the 24-hour guarantee resumes immediately

Weekends and Holidays:
While we often respond on weekends and holidays, the 24-hour guarantee applies to business hours (Monday-Friday, 9 AM – 5 PM Central Time). Requests received after 5 PM Friday will be responded to by end of day Monday.

Remedy for Missed Response Times:
If we fail to respond within 24 hours (excluding the circumstances above), you are entitled to a prorated refund of your monthly management fee calculated as follows:

Number of days missed ÷ 30 days × monthly management fee = refund amount

Example: If monthly management is $249 and we miss the 24-hour window by 2 days, refund = (2 ÷ 30) × $249 = $16.60

4. Client Responsibilities

4.1 Content and Materials

You are responsible for providing:

All text content for your website
Images, logos, and brand assets
Third-party service credentials (hosting, domain, email, etc.)
Timely feedback on designs and deliverables

4.2 Timely Communication

Project timelines assume prompt client responses. Delays in providing feedback, materials, or approvals may extend project timelines without penalty to Wright Custom Websites.

4.3 Content Accuracy

You represent that all content provided:

Does not infringe on third-party intellectual property rights
Does not violate any laws or regulations
Is accurate and truthful
Does not contain malicious code or malware

4.4 Compliance and Legal Requirements

You are responsible for ensuring your website complies with:

Industry-specific regulations (HIPAA, FINRA, SEC, etc.)
Privacy laws (GDPR, CCPA, etc.)
Accessibility standards (if required in your jurisdiction)
Terms of service for third-party platforms

We will build websites according to your specifications and legal-approved content, but we are not responsible for legal compliance of your content or business practices.

5. Payment Terms

5.1 Partnership Package and Custom Projects

50% deposit due before work begins
50% final payment due upon website launch
12 months of management included (no additional monthly fees for first year)

5.2 Quick Launch Website

100% payment ($1,500) due before work begins
No refunds once work has commenced

5.3 Ongoing Management (After Initial Period)

Monthly plans billed on the 1st of each month
Annual plans billed in full at time of renewal
Payment via Stripe (credit card, debit card)

5.4 Late Payments

Invoices not paid within 15 days of due date may result in:

Suspension of management services
Suspension of website access
Late fee of 1.5% per month on outstanding balance
Referral to collections if 60+ days past due

5.5 Additional Work

Work outside the scope of the original agreement or monthly management hours will be billed at $150/hour with prior approval.

6. Refund Policy

6.1 During Development (Partnership Package)

Full refund available at any time during the development phase if you are not satisfied, no questions asked. Once final payment is made and website launches, this refund option expires.

6.2 Quick Launch Website

No refunds once work has commenced. By paying the $1,500 upfront fee, you acknowledge this is a streamlined service with limited revision rounds.

6.3 Ongoing Management

Monthly management fees are non-refundable except:

Prorated refunds for failure to meet 24-hour response guarantee
Prorated refunds if you cancel mid-month (unused portion refunded)

6.4 Speed Guarantee Refund

If we fail to achieve the speed guarantee within 30 days of launch despite good-faith optimization efforts, you may request a full refund of the project build cost (not including management fees already utilized).

7. Project Scope and Revisions

7.1 Partnership Package

Includes reasonable design revisions (typically 2-3 rounds)
Major scope changes may require additional fees
Additional pages beyond agreed scope billed at $150/page

7.2 Quick Launch Website

Maximum 2 revision rounds
Major changes beyond agreed template customization may incur additional fees
Switching templates mid-project will incur additional fees and delay launch

7.3 Scope Creep

If project scope expands significantly beyond original agreement, we reserve the right to:

Request additional payment for expanded scope
Extend project timeline accordingly
Decline additional scope and refer to another provider

8. Ownership and Intellectual Property

8.1 Client Ownership

Upon full payment, you own:

The completed website files and code
All content you provided
All admin credentials and access

8.2 Third-Party Components

Your website may include:

WordPress core software (GPL license)
Third-party themes or plugins (subject to their licenses)
Stock images or fonts (subject to licensing terms)

You are responsible for maintaining proper licenses for any third-party components.

8.3 Wright Custom Websites Rights

We retain the right to:

Display your website in our portfolio
Use project as a case study (with your permission)
Use general design techniques and approaches in future projects

8.4 Code Reuse

Custom code written specifically for your project belongs to you. However, we may reuse general code libraries, functions, and techniques in other projects.

9. Website Management Terms

9.1 Included Services

Management services include:

WordPress core, theme, and plugin updates
Security monitoring and patching
Daily or weekly backups (as specified)
Content updates within monthly hour allowance
Performance monitoring
Uptime monitoring

9.2 Content Update Hours

Partnership Package: 2 hours/month of content updates
Unused hours do not roll over unless otherwise specified
Additional hours billed at $150/hour with prior approval

9.3 Emergency Support

Critical security issues or site downtime will be addressed immediately regardless of monthly hour limits at no additional charge.

9.4 Client-Caused Issues

If website issues are caused by:

Client installing plugins or themes without our approval
Client making code changes
Client modifying hosting environment
Third-party service failures

We will address the issues, but time spent may be billed separately if beyond normal maintenance scope.

10. Hosting and Domain Management

10.1 Hosting Provided

For clients using our hosting:

Websites hosted on private dedicated server (Houston, TX)
Managed by Nixihost
SSL certificates included
Daily backups included

10.2 Client-Managed Hosting

If you provide your own hosting:

You are responsible for hosting fees and management
We are not responsible for hosting-related downtime or issues
We may require specific hosting specifications for optimal performance

10.3 Domain Names

You own your domain name
You are responsible for domain renewal fees
We can manage domain on your behalf if credentials are provided

11. Termination

11.1 Termination by Client

You may terminate management services at any time with 30 days written notice. You will receive:

Prorated refund of unused management fees (if applicable)
All website files and backups
Transfer of credentials
Hosting recommendations (if leaving our hosting)

11.2 Termination by Wright Custom Websites

We may terminate services immediately if:

You fail to pay invoices after 60 days
You violate these Terms of Service
Your website is used for illegal activities
You engage in abusive or threatening behavior

Upon termination, we will provide you with website files and backups, but you forfeit any refunds.

11.3 Post-Termination

After termination:

Your website files and data remain your property
We will delete your data from our servers after 30 days
You are responsible for securing hosting and maintaining the website

12. Warranties and Disclaimers

12.1 Service Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards.

12.2 No Guarantee of Results

We do not guarantee:

Specific search engine rankings
Specific traffic or conversion numbers
Compatibility with all future browsers or devices
Uninterrupted website availability (though we target 99.9% uptime)

12.3 Third-Party Services

We are not responsible for:

Failures of third-party services (hosting, email, payment processors)
Changes to WordPress, plugins, or themes by their developers
Internet service provider issues
Force majeure events (natural disasters, acts of war, etc.)

12.4 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

13. Limitation of Liability

13.1 Liability Cap

Our total liability for any claim arising from our services shall not exceed the total amount you paid us in the 12 months preceding the claim.

13.2 Exclusion of Damages

WE ARE NOT LIABLE FOR:

Lost profits or revenue
Loss of data (beyond providing backups)
Loss of business opportunity
Indirect, incidental, or consequential damages

13.3 Client Indemnification

You agree to indemnify and hold Wright Custom Websites harmless from any claims arising from:

Content you provide
Your use of the website
Your violation of any laws or third-party rights
Your breach of these Terms

14. Confidentiality

14.1 Confidential Information

We will keep confidential:

Your business information
Login credentials
Client lists
Proprietary business processes
Any information marked as confidential

14.2 Exceptions

We may disclose information if:

Required by law
Necessary to provide services (e.g., sharing credentials with hosting provider)
You provide written permission

15. Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including:

Natural disasters
Acts of war or terrorism
Pandemics
Internet service disruptions
Power outages
Government restrictions

16. Dispute Resolution

16.1 Informal Resolution

Before filing any legal action, you agree to contact us at [email protected] to attempt informal resolution.

16.2 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

16.3 Jurisdiction

Any legal action must be filed in the state or federal courts located in Tarrant County, Texas. You consent to the jurisdiction of these courts.

16.4 Arbitration

For disputes under $10,000, parties agree to binding arbitration in Fort Worth, Texas under the American Arbitration Association rules.

17. General Provisions

17.1 Entire Agreement

These Terms, together with your project proposal or service agreement, constitute the entire agreement between you and Wright Custom Websites.

17.2 Amendments

We may update these Terms at any time. Material changes will be communicated via email to active clients. Continued use of services after changes constitutes acceptance.

17.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

17.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

17.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to a successor business entity.

17.6 Independent Contractor

Wright Custom Websites is an independent contractor, not an employee or agent of your business.

18. Contact Information

For questions about these Terms of Service:

Wright Custom Websites
Kevin Wright
Fort Worth, Texas

Email: [email protected]
Phone: (945) 238-1175
Website: wrightcustomwebsites.com

19. Acceptance

By engaging our services, submitting payment, or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.