Terms of Service

Effective Date: August 4, 2026 Last Updated: August 4, 2026

1. Introduction

Welcome to BrandonNickles.com ("I," "me," or "my"). These Terms of Service ("Terms") govern your use of my website at BrandonNickles.com and any services you purchase from me, including:

• Managed WordPress Hosting — hosting, maintenance, security, backups, monitoring, and related services
• WordPress Services — website development, edits, troubleshooting, malware removal, migrations, and related work
• Business Automations — design, development, and implementation of automated workflows and integrations

By purchasing or using any of my services (the "Services"), you ("Client" or "you") agree to be bound by these Terms. If you don't agree, please don't use my Services.

2. Services Overview

I provide the Services described above on the basis outlined in your specific quote, agreement, or hosting plan. Specifics of any individual project — including scope, deliverables, and timeline — will be confirmed in writing (by email, quote, or invoice) before work begins.

I reserve the right to refuse, cancel, or modify Services for any reason, including but not limited to suspected misuse, illegal activity, or non-payment.

3. Payment Terms

Hosting & Recurring Services

Managed hosting and other recurring services are billed in advance on a monthly or annual basis, depending on the plan you select. Recurring charges continue until you cancel.

Project-Based & Hourly Services

WordPress services and automation projects are billed based on the quote or hourly rate agreed upon before work begins. For larger projects, I may require a deposit before starting and final payment upon completion.

Payment Methods

I accept payment via approved methods such as credit card, ACH, or third-party processors (e.g., Stripe, PayPal). You're responsible for ensuring your payment information stays current.

Late Payments

Invoices are due upon receipt unless otherwise stated. Past-due balances may be subject to a late fee and/or interest at the maximum rate permitted by law.

4. Suspension and Termination for Non-Payment

If an invoice remains unpaid for more than 60 days past its due date, I reserve the right to suspend any or all of your Services without further notice. This includes — but is not limited to — taking your hosted website offline, pausing maintenance and support, halting active projects, and disabling automations I've built and host for you.

Services will be restored once the outstanding balance is paid in full, including any applicable late fees or reactivation charges. I am not responsible for any losses, damages, or business interruption resulting from suspension due to non-payment.

If an account remains unpaid for an extended period after suspension, I reserve the right to terminate the account and permanently delete associated data, including hosted files and backups.

5. Refund Policy

I do not offer refunds for completed work. Once a project, edit, service, or billing period has been completed or delivered, all payments for that work are final and non-refundable.

That said, I stand behind everything I build. If my work breaks something on your site or in your automation due to an error on my part, I will make a reasonable effort to correct it at no additional cost. This commitment applies to issues directly caused by my work, not to:

• Changes or breakage caused by third-party plugins, themes, services, or updates outside my control
• Issues caused by edits or actions taken by you, your team, or other developers after I delivered my work
• Pre-existing problems with your site or systems
• Changes you request to functionality that was built and delivered as agreed

For recurring hosting plans, cancellation stops future billing but does not entitle you to a refund of fees already paid for the current billing period.

6. Client Responsibilities

To help me deliver my Services smoothly, you agree to:

• Provide accurate, complete, and timely information, content, credentials, and approvals
• Maintain ownership or proper licensing of any content, images, fonts, plugins, or materials you provide to me
• Keep your account information and login credentials secure
• Use the Services in compliance with all applicable laws and regulations
• Not use my Services or hosting infrastructure for unlawful, harmful, or abusive purposes — including but not limited to spam, malware distribution, phishing, illegal content, or activity that disrupts my systems or other users

I may suspend or terminate Services without refund if you violate these responsibilities.

7. Intellectual Property

Your Content

You retain ownership of all content, branding, and materials you provide to me. By providing it to me, you grant me a limited license to use that material as needed to deliver the Services.

My Work

Upon full payment, you receive ownership of the custom website, code, or automation deliverables I create specifically for you, with the following exceptions:

• I retain ownership of any pre-existing code, frameworks, templates, tools, or methodologies I used to create your deliverable
• Third-party plugins, themes, libraries, or services included in your deliverable remain governed by their own licenses
• I may use general knowledge, techniques, and skills gained during the project on other client work

Portfolio Rights

Unless you tell me otherwise in writing, I may showcase completed work in my portfolio, case studies, marketing materials, and social media.

8. Third-Party Services

My Services may rely on, integrate with, or recommend third-party tools (such as plugins, hosting infrastructure, payment processors, email services, APIs, and automation platforms). I am not responsible for the performance, availability, pricing, or terms of those third parties. Issues caused by third-party changes, outages, or policy updates are outside my control.

9. Confidentiality

I treat your business information, credentials, and project details as confidential and will not share them with outside parties except as needed to deliver the Services or as required by law.

10. Warranty Disclaimer

The Services are provided "as is" and "as available." While I work hard to deliver high-quality work and maintain uptime, I make no warranties — express or implied — that the Services will be uninterrupted, error-free, secure, or meet every specific expectation. I disclaim all implied warranties to the fullest extent permitted by law, including warranties of merchantability and fitness for a particular purpose.

11. Limitation of Liability

To the maximum extent permitted by law, Brandon Nickles will not be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost revenue, lost data, or business interruption — arising from your use of (or inability to use) the Services.

In no event will my total liability for any claim related to the Services exceed the amount you paid me for the specific Service giving rise to the claim during the three (3) months immediately before the event.

12. Indemnification

You agree to indemnify and hold Brandon Nickles harmless from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your content, or your violation of these Terms.

13. Termination

Either party may terminate ongoing Services (such as hosting or maintenance) at any time by providing written notice. Termination doesn't relieve you of obligations to pay for Services already rendered.

Project-based work may be terminated as outlined in the project quote or agreement. Any deposits or payments for work already completed remain non-refundable.

14. Governing Law

These Terms are governed by the laws of the United States and the state in which I am based, without regard to conflict-of-law principles. Any disputes will be resolved in the courts of that jurisdiction.

15. Changes to These Terms

I may update these Terms from time to time. When I do, I'll update the "Last Updated" date at the top of this page. Significant changes may be communicated by email or a notice on my website. Continued use of the Services after changes take effect means you accept the updated Terms.

16. Entire Agreement

These Terms, along with any project-specific quote or agreement, constitute the entire agreement between you and Brandon Nickles regarding the Services. If any provision is found to be unenforceable, the remaining provisions stay in effect.

17. Contact Us

Questions about these Terms? Reach out anytime:

Brandon Nickles Email: [your email here] Website: BrandonNickles.com