MBehnken.com Terms & Conditions
Please read these Terms & Conditions before using MBehnken.com. Your access to and use of my website and services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use my website and services.
By accessing or using MBehnken.com, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access this website or utilize my services.
1. Services Offered
MBehnken.com primarily offers WordPress maintenance and security services as detailed in my Maintenance Agreement. I may also provide additional technical services on an hourly basis, including but not limited to website optimization, plugin installation and configuration, and other WordPress-related services.
Support requests outside the scope of the Maintenance Service are billed at $100/hour in fifteen (15) minute increments. This rate applies to any additional work not explicitly covered in your selected maintenance plan.
2. Service-Specific Agreements
My WordPress Maintenance Services are governed by a separate Maintenance Agreement that clients must agree to before services commence. In the event of any conflict between these general Terms of Service and the Maintenance Agreement, the terms of the Maintenance Agreement shall prevail with respect to maintenance services.
3. Payment Methods and Billing
I use third-party payment processors to handle payment transactions. By using my services, you agree to comply with the terms of service and privacy policies of the applicable payment processor. I am not responsible for any errors, failures, or disputes related to payment processing.
For WordPress Maintenance Services, your payment is processed through PayPal as a recurring subscription. By signing up for my maintenance services, you authorize MBehnken.com to charge your designated PayPal account on a monthly basis according to the maintenance package you select.
For additional services provided outside the scope of your maintenance plan (hourly work), I will issue individual PayPal invoices for the hours worked and amount due (billed at $100/hour in fifteen (15) minute increments). Payment for these invoices is due upon receipt unless otherwise specified.
You are responsible for maintaining current and valid payment information. If I am unable to process your payment for any reason, I reserve the right to suspend services until payment is received.
4. Refund Policy
For WordPress Maintenance Services, no refunds will be provided as specified in the Maintenance Agreement.
For hourly services not covered by a maintenance plan, payment is due at the time of service and is non-refundable once the work has been completed to the agreed specifications.
5. Chargebacks
Clients should contact me first regarding any billing concerns or inquiries about unrecognized charges before issuing a chargeback request with PayPal or their financial institution. I reserve my right to dispute chargebacks if the charge is not fraudulent and no communication from the client is evident.
6. Cancellations
For WordPress Maintenance Services, the cancellation terms specified in the Maintenance Agreement apply. To cancel your recurring PayPal subscription, please contact me directly rather than canceling through PayPal to ensure proper account closure and service termination.
For other services provided on an hourly basis, you may cancel a request for services before work begins without penalty. Once work has commenced, you will be billed for the time already spent on your project.
7. Service Limitations and Client Responsibilities
You acknowledge that:
- a.) I cannot guarantee specific outcomes (e.g., higher SEO rankings or increased traffic).
- b.) I am not responsible for issues caused by third-party software, plugins, or services.
- c.) I am not responsible for issues caused by changes made to your website by other parties, including yourself.
- d.) I have no control over server downtime, software incompatibilities, or hosting-related issues.
- e.) I have no control over search engine rankings or policies.
8. Online Communication
When you become a client of MBehnken.com, you give me permission to send you relevant messages and documents online. By giving me permission for online communication, you agree to allow me to send you important service updates and other communications electronically.
9. Links To Other Websites
MBehnken.com may contain links to third-party websites or services that are not owned or controlled by MBehnken.com.
I have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that I 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 use of or reliance on any such content, goods or services available on or through any such websites or services.
I strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
MBehnken.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. THE PROGRAM, THE AMAZON SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE AMAZON SITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, AMAZON.COM DOMAIN NAME, ENDLESS.COM DOMAIN NAME, SMALLPARTS.COM DOMAIN NAME, MYHABIT.COM DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE AMAZON MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS. Amazon, and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates.
10. Site Content
All site content, including written content, imagery, and documentation published on MBehnken.com is my property or any third-party who may have granted me permission to use their data or imagery. Any replicated site content must be authorized in advance. Content from this site shall not be used or exploited for commercial or non-commercial purposes without my prior written consent.
11. Disclaimer of Warranties
The services provided by MBehnken.com are provided “as is” without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. I do not guarantee that the services will meet your specific requirements or expectations, or that the services will be uninterrupted, timely, secure, or error-free.
12. Limitation of Liability
To the fullest extent permitted by law, MBehnken.com and its owner shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or related to your use of my services, even if I have been advised of the possibility of such damages. My total liability shall not exceed the amount paid by you for services in the six (6) months preceding the event giving rise to the claim.
13. Disputes and Arbitration
Any dispute arising from these Terms or your use of my services shall be resolved as follows:
- a.) Good-Faith Negotiation: We agree to make a good-faith effort to resolve any disagreements through negotiation within 30 days.
- b.) Arbitration: If negotiation fails, the dispute will be submitted to arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in California, USA, or another mutually agreed-upon location, or it can be conducted remotely.
- c.) Arbitrator’s Decision: The arbitrator can only award compensatory damages. The decision of the arbitrator will be final and binding.
- d.) Costs: The costs of arbitration will be shared equally, unless the arbitrator rules otherwise.
14. Termination
I may terminate or suspend access to my website and/or your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, your right to use MBehnken.com will immediately cease. If you wish to terminate your account, you may simply discontinue using my services.
15. Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
My failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding my Service, and supersede and replace any prior agreements we might have between us regarding the Service.
16. Confidentiality
I respect the confidentiality of your information. All login credentials, business information, and other sensitive data shared with me will be kept strictly confidential and used only for the purpose of providing the requested services. I implement appropriate security measures to protect your information.
17. Data Privacy and Security
Protecting your data privacy and security is my top priority. Any credentials you provide will remain strictly confidential and securely stored in my encrypted Bitwarden™ vault, accessible only to me. My account is secured with industry-standard protections, including a complex password and two-factor authentication (2FA).
- a.) I will take all necessary steps to protect your data and sensitive information from unauthorized access or disclosure.
- b.) I will not share your data with third parties without your consent, except when required to provide services or comply with applicable laws and regulations.
- c.) You should take steps to keep your login credentials secure and notify me immediately if you suspect any security breach.
Credentials submitted via the 🔐Secure Form on Mbehnken.com are fully encrypted using AES256 and automatically purged from my server after 72 hours for added protection.
Please see my complete Privacy Policy to learn how I protect your privacy and data.
18. Notification of Changes
I reserve the right, at my sole discretion, to modify or replace these Terms at any time. I will try to provide at least 30 days notice prior to any new terms taking effect. However, I will always post those changes to this Terms of Service page, so be sure to visit it for the most up-to-date information. What constitutes a material change will be determined at my sole discretion.
By continuing to access or use MBehnken.com after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using my website and services.
19. Contact Me
If you have any questions about these Terms or anything else regarding MBehnken.com, please contact me.
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