Terms of Service for ITBros – Managed WordPress Hosting

These Terms of Service (“Agreement”) govern the use of the managed WordPress hosting services provided by ITBros to the customer (“Customer” or “You”). By using our services, you acknowledge and agree to be bound by the terms and conditions outlined in this Agreement.

1. Services
   1. Provision of Services: Company agrees to provide managed WordPress hosting services (“Services”) as described in the service agreement or order form signed by both parties.
   2. Service Level Agreement (SLA): Company will make reasonable efforts to provide uninterrupted Services. However, Company does not guarantee continuous availability and reserves the right to perform necessary maintenance, upgrades, or modifications.
2. Customer Responsibilities
   1. Acceptable Use: Customer agrees to use the Services in a lawful manner, complying with all applicable laws, regulations, and third-party rights. Customer shall not use the Services for any illegal, abusive, or unethical activities.
   2. Account Security: Customer is responsible for maintaining the confidentiality of account login information and ensuring the security of their account. Customer must promptly notify Company of any unauthorized use or breach of security.
3. Intellectual Property
   1. Ownership: Company retains all intellectual property rights in the Services, including software, hardware, trademarks, logos, and any other proprietary materials related to the provision of the Services.
   2. Customer Content: Customer retains all intellectual property rights in the content uploaded, stored, or transmitted through the Services. Customer grants Company a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, and distribute the Customer Content solely for the purpose of providing the Services.
4. Payment and Billing
   1. Fees: Customer agrees to pay the fees specified in the service agreement or order form. Fees may include recurring charges, setup fees, or additional charges for extra services.
   2. Payment Terms: All invoices / Subscriptions must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services and will include a late fee of $25 per day overdue. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, ITBros may suspend or terminate your account and pursue the collection costs incurred by ITBros, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. ITBros will not activate new orders or activate new packages for customers who have an outstanding balance on their account. Customer is responsible for any applicable taxes associated with the Services.
5. Limitation of Liability
   1. Disclaimer of Warranties: The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether expressed or implied. Company does not warrant that the Services will be error-free, secure, or meet Customer’s specific requirements.
   2. Limitation of Liability: To the maximum extent permitted by law, in no event shall Company or its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Services, including but not limited to damages for loss of profits, data, or other intangible losses, even if advised of the possibility of such damages.
   3. Indemnification: Customer agrees to indemnify and hold Company harmless from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising out of or related to Customer’s use of the Services, violation of this Agreement, or infringement of any intellectual property or other rights of any third party.
6. Termination
   1. Termination by Customer: Customer may terminate the Services by providing written notice to Company. No refunds will be issued for prepaid fees.
   2. Termination by Company: Company may suspend or terminate the Services immediately if Customer breaches this Agreement or engages in activities that may harm Company’s reputation or infrastructure.
7. Miscellaneous
   1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
   2. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes any prior understandings or agreements, whether written or oral, relating to the subject matter herein.