Effective Date: 1/1/2025
By completing your purchase or engaging with the services provided by KinkeadTech, LLC (doing business as WP For The Win) (“Service Provider”), you (“Client”) agree to the following Terms & Conditions (“Agreement”). Please read these Terms carefully before completing your checkout, as they form a legally binding agreement.
1. Scope of Services
1.1 Digital Products. If you are purchasing a digital product, such as a premium WordPress plugin, this Agreement governs the terms of your purchase, including any licensing or support services associated with the product.
1.2 Services Provided. If you are engaging Service Provider for web design, development, hosting, or support services, the specific scope of work will be outlined in the applicable proposal, invoice, or Statement of Work (“SOW”).
1.3 Hosting and Support Plans. Clients subscribing to hosting and support plans that include a specified number of support hours per month acknowledge that any unused hours do not roll over or accumulate. Hours must be used within the month they are allocated.
1.4 Modifications. Any modification to the scope of services must be mutually agreed upon in writing by both parties.
1.5 Third-Party Services. Service Provider may integrate or utilize third-party services or tools as part of the project. Service Provider is not liable for issues arising from third-party services.
2. Payment Terms
2.1 Digital Product Purchases. Payments for digital products are due at the time of purchase. All sales are final unless otherwise specified in the product listing or required by law.
2.2 Hourly Rates for Services. Unless otherwise agreed upon, custom services shall be billed at Service Provider’s standard hourly rate of $100, billed in 15-minute increments.
2.3 Fixed Bids. For fixed-bid projects, payment terms and milestones will be outlined in the applicable SOW.
2.4 Hosting and Support Fees. Hosting and support services are billed monthly or annually as agreed upon, with rates outlined in a separate Hosting and Support Agreement or invoice.
2.5 Invoicing and Payment for Services. Invoices for services are due upon receipt unless otherwise specified. Late payments are subject to a late fee of [Insert Percentage, e.g., 1.5%] per month or the maximum allowed by law, whichever is less.
3. Term and Termination
3.1 Term. This Agreement will commence on the Effective Date and remain in effect until terminated by either party in accordance with this Agreement.
3.2 Termination for Digital Products. Licenses for digital products are non-refundable and will remain active per the terms of the product listing.
3.3 Termination for Services. Either party may terminate service agreements as outlined in the applicable SOW.
3.4 Effect of Termination. Upon termination of services, Client shall pay for all services rendered up to the termination date. Hosting services will cease upon termination unless otherwise agreed.
4. Intellectual Property
4.1 Client Materials. Client retains ownership of all materials provided to Service Provider.
4.2 Work Product. Upon full payment for custom services, Service Provider assigns ownership of custom-developed work product to Client. Service Provider retains ownership of pre-existing intellectual property, reusable components, or tools developed outside the scope of the project.
4.3 Licenses for Digital Products. Purchases of digital products, such as WordPress plugins, grant the Client a non-exclusive, non-transferable license to use the product per the terms outlined in the product listing.
4.4 Licenses for Services. Client grants Service Provider a non-exclusive license to use Client materials solely for the purpose of performing services under this Agreement.
5. Confidentiality
5.1 Definition. “Confidential Information” includes any non-public information disclosed by one party to the other.
5.2 Obligations. Each party agrees to protect the confidentiality of the other party’s Confidential Information and not disclose it to any third party without prior written consent.
5.3 Exclusions. Confidential Information does not include information that is publicly available, independently developed, or disclosed pursuant to legal obligations.
6. Warranties and Disclaimers
6.1 Digital Product Warranties. Digital products are provided “AS IS” without any warranties, express or implied, except as required by law.
6.2 Service Provider Warranties. For services, Service Provider warrants that they will be performed in a professional manner consistent with industry standards.
6.3 Disclaimer. Except as expressly stated in this Agreement, services and products are provided “AS IS” without any warranties, express or implied.
6.4 Limitation of Liability. Service Provider’s liability is limited to the fees paid by Client for the specific services or products giving rise to the claim.
7. Indemnification
7.1 Client Indemnity. Client agrees to indemnify and hold harmless Service Provider against any claims arising from materials provided by Client.
7.2 Service Provider Indemnity. Service Provider agrees to indemnify and hold harmless Client against claims arising from willful misconduct or gross negligence.
8. Miscellaneous
8.1 Independent Contractor. Service Provider is an independent contractor and not an employee or agent of Client.
8.2 Force Majeure. Neither party shall be liable for delays caused by events beyond their reasonable control.
8.3 Governing Law. This Agreement shall be governed by the laws of the State of Arizona.
8.4 Entire Agreement. This Agreement, along with any SOWs or product listings, constitutes the entire agreement between the parties.
8.5 Amendments. Amendments must be made in writing and agreed upon by both parties.
8.6 Notices. Notices shall be sent to the email addresses provided in the applicable invoice, SOW, or account information.
8.7 Severability. If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in effect.
8.8 Assignment. Client may not assign this Agreement without prior written consent from Service Provider.
By completing your purchase, you acknowledge that you have read, understood, and agree to these Terms & Conditions.
