Terms of Service

1. Agreement to Terms

Welcome to Benaiah Website Services. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our services.

These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Benaiah Website Services ("BWS," "we," "our," or "us").

2. Definitions

For purposes of these Terms:

• "Services" means all web development, design, accessibility consulting, and related services provided by BWS
• "Website" means the benaiahwebservices.com website and all associated pages
• "Client" means any individual or entity using our services
• "Deliverables" means the final work products provided to the Client
• "Agreement" means the contract formed between BWS and Client for specific services
• "Content" means text, images, videos, code, and other materials

3. Services Provided

3.1 Scope of Services

BWS provides the following services:

• Custom website design and development
• Accessible website creation (WCAG 2.1 AAA compliant)
• Website maintenance and updates
• Accessibility audits and consulting
• ASL-friendly design and implementation
• Responsive design for all devices
• SEO optimization
• Hosting and domain management (when applicable)

3.2 Service Agreements

Specific services will be detailed in a separate written agreement or proposal ("Service Agreement") which may include:

• Project scope and deliverables
• Timeline and milestones
• Pricing and payment terms
• Revision policies
• Technical specifications

In the event of conflict between these Terms and a Service Agreement, the Service Agreement shall prevail.

4. Client Responsibilities

4.1 Information and Materials

You agree to:

• Provide timely, accurate information and materials needed for the project
• Respond to requests for feedback within agreed timeframes
• Designate a primary contact person for project communication
• Provide all necessary credentials and access (with appropriate security)
• Ensure you have rights to all content provided to BWS

4.2 Content Responsibility

You are solely responsible for:

• The accuracy and legality of all content you provide
• Obtaining necessary permissions and licenses for content
• Ensuring content does not violate any laws or third-party rights
• Regular backups of your own content and data

4.3 Cooperation

Delays caused by lack of timely feedback, materials, or decisions may result in adjusted timelines and additional fees.

5. Payment Terms

5.1 Pricing

Prices for services will be specified in the Service Agreement or proposal. All prices are in US Dollars unless otherwise stated.

5.2 Payment Schedule

Unless otherwise agreed in writing, standard payment terms are:

• Deposit: 50% upfront before work begins
• Milestone Payments: As specified in Service Agreement
• Final Payment: 50% upon project completion, before delivery

5.3 Payment Methods

We accept:

• Credit/Debit cards
• Bank transfers
• PayPal
• Other methods as agreed

5.4 Late Payments

Late payments may result in:

• Work suspension until payment is received
• Late fees of 1.5% per month on unpaid balance
• Withholding of deliverables
• Termination of services

5.5 Additional Fees

Additional charges may apply for:

• Work outside agreed scope ("scope creep")
• Rush services
• Excessive revisions beyond agreed limits
• Third-party services (hosting, stock images, plugins, etc.)
• Emergency support or after-hours work

6. Intellectual Property Rights

6.1 Client Content

You retain all rights to content you provide (text, images, logos, etc.). By providing content, you grant BWS a license to use, reproduce, and modify the content solely for purposes of delivering the agreed services.

6.2 Deliverables

Upon full payment:

• You receive ownership of final, custom-created deliverables
• BWS retains rights to code frameworks, tools, and methodologies used
• BWS retains rights to display work in portfolio (unless agreed otherwise)

6.3 Third-Party Components

Websites may include third-party components (plugins, libraries, frameworks) subject to their own licenses. You are responsible for complying with these licenses.

6.4 BWS Intellectual Property

BWS retains ownership of:

• Code templates and frameworks developed by BWS
• BWS branding and trademarks
• Development methodologies and processes
• Pre-existing tools and resources

7. Revisions and Changes

7.1 Included Revisions

The Service Agreement will specify the number of revision rounds included. Typical packages include 2-3 rounds of revisions.

7.2 Scope Changes

Changes beyond the original scope ("scope creep") will be addressed through:

• Written change request documentation
• Revised timeline estimates
• Additional fee proposals
• Mutual agreement before proceeding

7.3 Approval Process

You must provide written approval (email accepted) at designated milestones. Approval indicates satisfaction with work completed to that point.

8. Project Timelines

8.1 Estimated Completion

Timelines provided are estimates based on prompt client feedback and material provision. BWS will make reasonable efforts to meet deadlines but cannot guarantee exact completion dates.

8.2 Delays

Timelines may be adjusted due to:

• Late client feedback or materials
• Scope changes
• Technical complications
• Third-party dependencies
• Force majeure events

8.3 Rush Services

Expedited timelines may be available for an additional fee, subject to availability.

9. Warranties and Disclaimers

9.1 Service Warranty

BWS warrants that:

• Services will be performed professionally and competently
• Deliverables will substantially conform to specifications in the Service Agreement
• We will correct defects in deliverables reported within 30 days of delivery at no charge

9.2 Accessibility Compliance

While we strive for WCAG 2.1 AAA compliance, we cannot guarantee 100% accessibility for all users due to:

• Evolving standards and guidelines
• Diverse assistive technologies
• Client-provided content
• Third-party components

We will address accessibility issues reported within warranty period.

9.3 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.4 No Guarantee of Results

BWS does not guarantee:

• Specific traffic, rankings, or business results
• Compatibility with all future browsers or technologies
• Uninterrupted website operation
• Complete security from all threats

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• BWS's total liability for any claim shall not exceed the amount paid by Client for the specific services giving rise to the claim
• BWS shall not be liable for indirect, incidental, consequential, special, or punitive damages
• BWS shall not be liable for lost profits, lost revenue, lost data, or business interruption
• Claims must be brought within one year of the date the cause of action arose

11. Termination

11.1 Termination by Client

You may terminate services by providing 14 days' written notice. Upon termination:

• You remain liable for all fees for work completed
• You pay for work-in-progress based on percentage completed
• Non-refundable deposits are retained
• You receive work completed to date upon full payment

11.2 Termination by BWS

BWS may terminate services immediately if:

• You fail to pay as agreed
• You breach these Terms
• You provide false information
• Continuing the relationship is impractical or harmful

11.3 Effect of Termination

Upon termination:

• All payment obligations become immediately due
• BWS may retain all materials and work until payment is received
• Confidentiality obligations survive termination
• Client must cease using any BWS intellectual property

12. Confidentiality

Both parties agree to:

• Keep confidential information private
• Use confidential information only for the purpose of providing/receiving services
• Not disclose confidential information to third parties without consent
• Return or destroy confidential information upon request

Confidential information does not include information that is public, independently developed, or lawfully obtained from third parties.

13. Indemnification

You agree to indemnify and hold BWS harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms
• Content you provide to BWS
• Your use of deliverables
• Violation of any laws or third-party rights
• Your negligence or misconduct

14. Dispute Resolution

14.1 Good Faith Negotiation

Parties agree to first attempt to resolve disputes through good faith negotiation.

14.2 Mediation

If negotiation fails, parties agree to attempt mediation before pursuing other remedies.

14.3 Arbitration

Any disputes not resolved through negotiation or mediation shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

14.4 Governing Law

These Terms shall be governed by the laws of Pennsylvania, United States, without regard to conflict of law provisions.

15. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions or restrictions
• Pandemics or public health emergencies
• Power outages or internet failures
• Acts of God

16. Website Use and Conduct

When using our website, you agree not to:

• Use automated systems to access the site (except search engines)
• Attempt to gain unauthorized access to systems or data
• Transmit viruses, malware, or harmful code
• Harass, abuse, or harm others
• Violate any laws or regulations
• Infringe on intellectual property rights
• Impersonate any person or entity

17. Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

18. Communication and Accessibility

BWS is committed to accessible communication. We offer:

• Email communication
• Text/SMS messaging
• Video relay services (VRS)
• Video calls with ASL interpretation
• In-person meetings with ASL interpreters (when feasible)
• Written documentation in accessible formats

Please inform us of your preferred communication method.

19. General Provisions

19.1 Entire Agreement

These Terms, together with any Service Agreement, constitute the entire agreement between you and BWS.

19.2 Amendments

BWS may update these Terms at any time. Continued use of services after changes constitutes acceptance. Material changes will be communicated to active clients.

19.3 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

19.4 Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement.

19.5 Assignment

You may not assign these Terms without BWS's written consent. BWS may assign these Terms to a successor or affiliated entity.

19.6 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

19.7 Notices

All notices must be in writing and sent to the addresses provided in the Service Agreement or contact information below.

20. Contact Information

For questions about these Terms or our services, contact us:

21. Acceptance of Terms

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, you must not use our services.

For accessibility, these Terms are available in alternative formats upon request, including:

• ASL video translation
• Large print
• Plain language summary