Arbé Digital Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to websites operated by Arbé Digital (“we,” “us,” or “our”) and any proposal, statement of work, or order form you execute with us for professional services (collectively, the “Services”). By using our website or engaging us for Services, you agree to these Terms. Specific projects may also be subject to a separate written agreement; if there is a conflict, the signed project agreement controls for that engagement.

2. Service and Reliance

We provide digital strategy, design, development, hosting-related services, consulting, and related deliverables as described in your proposal or statement of work. Content on this website is for general information and marketing; it is not bespoke professional or legal advice. You are responsible for decisions you make based on public site content.

3. Fees for Services

Fees are as stated in your proposal or agreement. Unless otherwise specified, invoices are due on the terms stated on the invoice. You are responsible for applicable taxes except taxes based on our net income.

All invoices pertaining to web hosting, security, maintenance, or any other work on your website are payable on receipt. If an invoice goes unpaid for more than 30 days after the invoice was sent, we reserve the right to suspend your website from public review until all outstanding invoices are current.

Throughout this document, reference is made to our current hourly rate. This rate is defined as our hourly rate that is in place at the time a service is requested, not at the time this agreement is signed. We will provide you with our current hourly rate upon request.

4. Our Services

Our Services include website hosting and other website management services to include security, backups, software updates, and SEO optimization. If you elect not to host on our server, we cannot be responsible for the speed of your website, the performance of any of your website features, security certificates for your website, the uptime of your website, or any other hosting related matter.

Fixing any problems related to web hosting, or project delays related to web hosting, on a server other than our own is billable at our current hourly rate.

4A. Website Availability

We use commercially reasonable efforts to make sites that we host available 99.9% of the time during each monthly billing cycle. For the purposes of this agreement, unavailability means that either your website is unresponsive, or your website returns a server error response to valid user requests for more than 60 seconds of consecutive requests, and in all cases that the unavailability is not because of local, regional, national, or international outages. Should your website become unavailable outside of normal business hours, we typically will be alerted. If we are alerted, we will make every effort to correct the situation, but cannot guarantee this will happen in all situations.

Unavailability that is a result of scheduled maintenance is excluded from these conditions. Scheduled maintenance is defined as maintenance that is announced at least 2 days in advance, and does not exceed one hour in any month. Typically, scheduled maintenance occurs in off-peak hours (usually in the early morning).

It is your responsibility to inform us if your site is experiencing problems and needs attention.

4B. Website Security

Our lockdown protocol hardens the WordPress system to make it more resistant to the actions of hackers. We employ industry leading security software that actively guards your website against hack attempts at multiple levels in the WordPress system.

4C. Software Updates

Each week, at our discretion, we will apply available updates for the WordPress core software, your theme files, and your plugin files. We perform these updates for the items that appear in the “Updates” area of your WordPress dashboard. We also watch WordPress industry security news and proactively perform these updates more frequently during times of enhanced threat levels.

If you elect not to purchase our website management service, the responsibility is yours for performing backups and keeping WordPress (and its themes and plugins) updated.

4D. Website Backups

Your website’s files and database will be backed up automatically each day your website has activity (if your website does not have activity, there is no need for a backup to occur). This backup is stored in our cloud data vault where we typically retain the previous 30 backups for your site.

Despite security protocols, it is impossible to guarantee that your site will never be hacked. In the rare event that your site is hacked, we will restore it to pre-hack condition at no additional cost either by restoring a site backup or performing a malware cleanup at our discretion. We shall have no other or further liability beyond restoration of the site to the nearest available pre-hack condition.

• Should your site become compromised by a hack or if your site becomes inoperable because of user error, we will restore a backup for you.
• If the restorations are the result of a hack, there is no limit to the number of restorations we will perform for you under this service.
• If the restorations are due to user error, we will perform a maximum of 2 restorations in any 30-day period.
• Additional user error-related restorations will be performed at our current hourly rate with a one-hour minimum.

4E. Premium (Paid) Themes and Plugins

• Many websites use themes and/or plugins that require the payment of a recurring license fee to maintain access to ongoing software updates. We have secured appropriate licensing for many of these.
• If we have appropriate licenses for the themes and/or plugins used by your website, the cost for recurring license fees are included in your Services, and licensing will be maintained for you as long as you are an active subscriber to our Services.
• If your website uses premium themes and/or plugins and we do not have appropriate licensing, the responsibility is yours for maintaining the appropriate licensing to ensure the availability of updates.
• We will advise you of the themes and/or plugins for which you will need to maintain licensing and assist you as needed in the process of obtaining them.
• If an update to a plugin creates conflicts or causes issues with the functionality of your website, we will consult with you to determine the best course of action. Typically, we will remove the offending plugin and replace it with a similar plugin or other programming. If the time required to resolve a plugin compatibility issue exceeds 3 hours, additional time will be billable at our current hourly rate.

We cannot be held liable for problems such as, but not limited to, hacks, inoperability, or intercompatibility that arise from premium plugins which you choose not to license and are out of date.

4F. Search Engine Optimization (SEO)

SEO services are not included in our Services unless specified. Your website’s ranking and placement on search engines depend on a myriad of factors. We do not guarantee any ranking or placement on search engines.

5. Client Responsibilities

You agree to provide timely feedback, accurate requirements, lawful materials (including text, images, and trademarks), and access needed to perform the Services. You represent that you have the rights to any assets you supply. You are responsible for compliance with laws applicable to your business, including marketing, accessibility obligations you elect to meet, and data you collect from end users.

5A. Website Security

We incorporate industry standard WordPress security techniques when building your website. Since one prevalent method hackers use to breach a website is through compromised user devices, you must uphold robust security measures when accessing your website. Protect any computer or device you control that has access to the website by:

• Installing and maintaining up-to-date security software.
• Using the latest version of your preferred web browser.
• Keeping the operating system updated with recommended patches.
• Regularly updating any other installed software.
• Use a strong password (as indicated by the WordPress password strength meter) exclusive to your website login.
• Refrain from sending passwords or other sensitive credentials openly via SMS, email, chat programs, or any other unencrypted and exposed methods.
• We strongly recommend utilizing a password manager to ensure you use robust, unique passwords for every site.

Any employees, contractors, or other parties you grant (or ask us to provide) website access to must adhere to the above security measures.

5B. Email Service

We DO NOT provide or support email service to clients. We recommend consulting with an IT professional about implementing professional email service from a reliable vendor.

5C. Email Deliverability

Occasionally, your website will send email when certain events occur such as the completion of a contact form, sale of a product, update/reset of a user’s password, etc. These emails that are automatically generated by your website are often flagged as spam (or not delivered at all) by email providers like Google/Gmail, Microsoft, Yahoo, and others. We will do our best to ensure high deliverability rates.

Since we cannot control the receipt of email, we cannot be held responsible for any emails that were not delivered to the client for any reason. It is the client’s responsibility to check spam folders and website form and order interfaces for undelivered notifications.

5D. Domain Names

Registering a domain name for your website and paying the accompanying annual registration fee is your responsibility. We can assist in the process of registration and connecting your domain name to the website if you desire. You can purchase your domain name for multiple years, or renew it annually at your discretion. It is your responsibility to ensure that the credit card the domain registrar has on file for your domain registration is current for rebilling.

We are not responsible for suspension or loss of domain names because your card could not be billed or for any other reason. If you lose access to your domain name through non-payment, suspension, or any other reason, your website will no longer be accessible or viewable by the public. Work needed as a result of domain expiration is billable at our current hourly rate.

In some cases, we may purchase and hold ownership of clients’ domain names. In this case, we will ensure that the client’s domain name is consistently renewed while an active website maintenance agreement is in place.

5E. Legal Pages and Privacy Requirements

Depending on the nature of your site and your location, legal pages such as Terms of Use, Privacy Policy, Return Policy, etc. may be mandated by government entities, vendors, or licensing agencies. It is your sole responsibility to determine whether such pages are required.

It is strongly advised that you consult an attorney to determine your responsibilities in this matter. Creation of the content for these legal pages is not included in the Proposal of Services for your new website unless specifically itemized. However, if you provide the content for these pages, we will typically add them at no additional cost. If we provide any standardized privacy policies and terms of use, we expressly do not guarantee that this language complies with any governing body’s requirements.

6. Third-Party Services

From time to time, our clients might employ a third party (such as, but not limited to, a Search Engine Optimization professional, social media professional, or content writer) whose services involve modifications to the website. We cannot be responsible for the work of a third party. Should our services be necessary due to any work performed by a third party, these services are billable at our current hourly rate.

7. Website Accessibility and Compliance

We strive to employ best practices for website accessibility in our designs, including considerate color choices and the selection of accessible interactive elements. However, full compliance with all accessibility standards may vary depending on the specific project and client requirements. If the Client has any specific legal, regulatory, or accessibility requirements that apply to the website, including but not limited to compliance with disability accessibility standards or other regulations related to HIPAA, FERPA, etc., it is the Client's responsibility to inform us of these requirements.

Unless expressly stipulated in the Scope of Work, we make no representations or warranties regarding the website's compliance with any such specific requirements. Any guarantees to meet compliance for accessibility or other regulations must be explicitly detailed and agreed upon as part of the Scope of Work and accepted by you to be a part of the contract between the parties.

8. Artificial Intelligence (AI) Generated Content

Depending on the scope of work for your project, we may utilize text, images, code, or other information generated by Artificial Intelligence systems, collectively referred to as “AI-generated content.” If we elect to use AI-generated content, we will do so in compliance with applicable laws, regulations, and ethical guidelines, and will obtain any necessary permissions or licenses for the use of such content on the website. Should the Client supply any AI-generated content for inclusion on the website, the Client shall ensure that such content complies with all applicable laws, regulations, and ethical guidelines. The Client shall obtain and provide evidence of all necessary permissions, licenses, and consents required for the use of the AI-generated content.

9. Intellectual Property

Upon full payment for custom deliverables specified as a work product in your agreement, we grant you the rights described in that agreement (typically a license or assignment of client-specific work). We may reuse general know-how, tools, libraries, and non-confidential techniques developed before or during the engagement. Third-party components remain subject to their own licenses.

10. Confidentiality

Each party may receive confidential information from the other. The receiving party will use reasonable care to protect it and use it only for the engagement, subject to exceptions in your project agreement or applicable law.

11. Warranties and Disclaimer

We warrant that Services will be performed in a professional manner consistent with industry standards. Except as expressly stated in a signed agreement, we disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

12. Limitation of Liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or goodwill. Our aggregate liability arising out of or relating to the Services or these Terms will not exceed the fees paid by you to us for the Services giving rise to the claim during the 12 months before the claim arose, except where limited by law.

13. Termination

Either party may terminate an engagement as set forth in the applicable proposal or statement of work. On termination, you will pay for Services performed and expenses incurred through the termination date. Provisions that by nature should survive (including IP, confidentiality, limitation of liability, and governing law) will survive.

Thirty-day notice is required for cancellation of website hosting agreements. We do not offer refunds on website management services.

If you elect to discontinue website management services, the responsibility is yours for performing backups and keeping all components of your website backed up, secured, and updated. If you desire to migrate your website to another web host, we will, at your discretion, (1) provide an administrator login for your WordPress site so a backup can be performed and migrated to the new location, (2) provide a backup created using an industry standard WordPress backup system at a cost of $100, or (3) perform the website migration for you at our current hourly rate.

14. Governing Law

These Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-law rules. The exclusive venue for disputes will be in Greenville County, South Carolina, unless we agree otherwise in writing.

15. Changes

We may update these Terms from time to time. The “Last updated” date will change when we do. Continued use of our website or new engagements after updates constitutes acceptance of the revised Terms for those interactions.

16. Contact

Questions about these Terms: Contact Arbé Digital .