Terms & Conditions of Service

Effective Date: January 1, 2019

Last Updated: November 12, 2025

These Service Terms (“Terms”) form a binding agreement between Starter WP, Inc., a Delaware corporation (“Starter WP,” “we,” “us,” or “our”), and each paying customer (“Client,” “you,” or “your”) who purchases website design, development, or hosting services through our platform at starterwp.com (the “Site”). By completing checkout through Stripe or otherwise using our services, you agree to these Terms.

1. Scope of Services

Starter WP provides:

• Website design and development of a WordPress site (“Build Service”) delivered within approximately one week from kickoff.

• Managed WordPress hosting and maintenance on servers leased from Digital Ocean (“Hosting Service”).

  Starter WP may also provide optional copywriting or related creative work as described at the time of purchase.

2. Project Timeline

Each project begins once the $500 deposit payment is received and required content or materials are provided by the Client. Starter WP will use commercially reasonable efforts to deliver the completed site within the stated one-week window, though timelines may shift if content, feedback, or access are delayed.

3. Payments and Billing

3.1 Ongoing Optimization Service

Client selects one of three tiers at launch (can change at any renewal):

LAUNCH TIER ($99/month or $1,188/year, billed annually):
- Weekly AI-generated optimization recommendations (5 per week max)
- Client implements changes independently
- 24/7 AI assistant for copy/design help
- Basic email support

GROWTH TIER ($199/month or $2,388/year, billed annually):
- Everything in Launch +
- Starter WP implements all recommendations (tested before approval)
- Monthly strategy summary
- Priority email support

PERFORMANCE TIER ($399/month or $4,788/year, billed annually):
- Everything in Growth +
- Advanced AI research (extended reasoning, predictive insights)
- Quarterly strategy calls with account manager
- Dedicated account contact
- Cross-site learning insights

3.2 Billing Terms

- All prices in USD
- Annual billing provides 20% discount vs. monthly
- Billing occurs on the 1st of each month (for annual) or 1st of each month
(for month-to-month, if offered)
- Automatic renewal unless cancelled with 30 days' written notice
- Payment via Stripe; Client responsible for all currency conversion fees
- Late payment: 1.5% monthly interest (18% annually) or max legal rate,
whichever is less

3.4 Price Changes

- Starter WP may increase prices with 30 days' notice
- Increase effective at next renewal date
- Client can downgrade/cancel before increase takes effect
- No mid-contract price increases during initial year

4. Refunds, Cancellations, and Termination

4.1 Refunds

Annual pre-paid fees refundable on prorated basis for remaining unused months (less 10% admin fee)

4.2 Client-Initiated Cancellation

- Optimization Service: Client may cancel anytime with 30 days' written notice
- Hosting ceases on notice date
- Final invoice issued for pro-rata charges
- Site backup provided per Section 6

4.3 Starter WP-Initiated Termination

If Starter WP terminates for breach (malware, spam, illegal content):
- Immediate suspension of service
- Client provided 48 hours to remedy or request backup
- No refund of hosting fees
- Backup available for 30 days

If Starter WP terminates for business reasons (discontinuing service):
- 60 days' notice required
- Full refund of all prepaid optimization fees for unused portion
- Free migration consultation + 90 days to export data
- No liability for downtime during transition

4.4 Upon Cancellation

- All hosting ceases on termination date
- WordPress export backup provided within 5 business days
- DNS records point to Client's new host
- Domain remains registered to Client (if registered via Client)

5. Hosting and Infrastructure

5.1 Uptime Guarantee

Starter WP guarantees monthly uptime based on your subscription tier:
- LAUNCH Tier: 99.9% uptime
- GROWTH & PERFORMANCE Tiers: 99.99% uptime

Details on uptime measurement, exclusions, service credits, and remedies are
outlined in the Hosting Service Level Agreement (SLA) at
https://starterwp.com/hosting-sla/, which is incorporated into these Terms
by reference.

5.2 Infrastructure

Hosting is managed by Starter WP, Inc. on DigitalOcean infrastructure with:
- Daily automated backups (30-day retention)
- SSL/TLS encryption and DDoS protection
- Automatic WordPress core and security updates
- 24/7 uptime monitoring

5.3 Support

Support response times vary by tier. See Hosting SLA Section 7 for details.

5.4 Your Responsibilities & Limitations of Liability

You are responsible for site security, content legality, and maintaining your own
backups. Service credits are the exclusive remedy for uptime failures. For complete
terms, see Hosting SLA Sections 2.3, 8, and 9.

5.5 Data Upon Cancellation

Upon hosting cancellation, you receive a complete site backup download (valid 60 days).

See Hosting SLA Section 5 for backup and recovery details.

6. Access and Ownership

Clients receive full WordPress Admin access to their individual site.

Upon full payment of the $1,000 Build Service, you own the website design, structure, and content.

All underlying software components (themes, plugins, WordPress core) are licensed under the GNU General Public License (GPL) and remain open-source.

If hosting is cancelled, Starter WP will provide a complete site backup for download within 2 business days. The download link will be emailed to the Client and remain valid for 45 days after cancellation.

6A. Data Portability and Migration

a) Upon Cancellation: If Client cancels hosting services, Starter WP will:
- Provide a complete WordPress-exportable backup within 5 business days
- Include all themes, plugins, custom code, and database
- Provide WP-CLI migration instructions and one complimentary 30-minute
migration consultation call
- Keep backup available for download for 60 days (not 30)
- Export data in standard formats (XML, SQL, .sql) compatible with
major WordPress hosting providers

b) Migration Support: For an additional fee of $200-500 (depending on site complexity),
Starter WP can assist with:
- Domain DNS updates to new provider
- SSL certificate migration
- Subdirectory/subdomain migration support
- Database verification on new host

c) Third-Party Host Migration: If Client wishes to migrate FROM another provider
TO Starter WP, we offer free migration assistance for sites under 5GB
(standard package includes one free migration).

d) Format Transparency: Client acknowledges that while WordPress core/themes/plugins
are GPL-licensed and portable, any custom code or proprietary integrations
(e.g., custom OptimizePilot integration) may require additional licensing
arrangements upon migration.

7. Maintenance and Support

Starter WP maintains WordPress core, theme, and plugin updates, performs regular backups, and applies security patches.

These updates do not include content changes or new feature development.

Support inquiries can be submitted through the Customer Portal or by email.

8. Client Responsibilities and Acceptable Use

You agree to:

a) Provide accurate, complete business information and legitimate content for
your site.

b) Use the site in compliance with applicable law and this policy. Prohibited
content includes but is not limited to:
- Spam or unsolicited bulk communications
- Malware, viruses, or code designed to harm systems
- Hacking or unauthorized access attempts
- Phishing, fraud, deception, or misleading business practices
- Copyright infringement or DMCA violations
- Adult/sexual content (unless clearly labeled and age-gated)
- Hate speech, harassment, or defamation
- Pyramid schemes, gambling, or illegal services
- Content that violates any third party's intellectual property rights
- Sale of prescription medications or controlled substances

c) Maintain accurate records of ownership and authorization to use all
website content.

d) Notify Starter WP immediately if account is compromised or unauthorized
access is suspected.

e) Comply with any security audits or requests from Starter WP if your account
shows signs of compromise.

VIOLATION: Starter WP reserves the right to:
- Immediately suspend hosting without refund for serious violations (malware,
spam, hacking)
- Provide 24-hour notice for other violations, requiring remediation
- Terminate service permanently if Client does not cure within 7 days of notice
- Report suspected illegal activity to appropriate law enforcement

9. Intellectual Property Rights

Except for open-source components, all rights in the completed design, layout, and content belong to the Client once the Build Service is fully paid.

Starter WP retains a limited license to display anonymized screenshots or case studies for marketing or portfolio purposes unless you request in writing that we exclude your site.

10. Service Availability and Warranty

Starter WP strives to maintain continuous service availability. Other than the uptime credit described in Section 5, all services are provided “as is” and without additional warranties.

Starter WP does not guarantee specific traffic, rankings, or business outcomes.

10A. Limitations on AI Recommendations and Results

Client acknowledges that:

a) Starter WP provides AI-generated optimization recommendations based on traffic data, SEO analysis, and competitor research. These recommendations are suggestions only and do not guarantee:
- Improved search rankings or organic traffic
- Increased leads or conversions
- Specific business outcomes
- Compliance with all search engine guidelines (implementation responsibility
lies with Client)

b) Search engine algorithms change frequently. Rankings may fluctuate due to factors outside Starter WP's control, including but not limited to:
- Google algorithm updates
- Competitor optimization efforts
- External link profile changes
- Domain reputation shifts

c) Results depend on:
- Quality of Client content and value proposition
- Client implementation of recommendations
- Competitive landscape in Client's industry
- Client's willingness to iterate based on data

d) Starter WP does not provide:
- Legal or compliance advice (Client responsible for own legal compliance)
- Tax advice or business consulting
- Liability insurance or indemnity for Client's use of recommendations

11. Limitation of Liability

To the fullest extent permitted by law, Starter WP's total aggregate liability
for any and all claims arising out of or relating to the Services shall be
limited to the amount you paid for services in the 12 months preceding the
claim, or $1,000, whichever is greater.

EXCEPTIONS (Unlimited Liability):
This cap does NOT apply to:
- Claims arising from Starter WP's gross negligence or willful misconduct
- Violations of applicable law (GDPR, CCPA, DMCA, etc.)
- Breach of confidentiality obligations
- Infringement of Client's intellectual property rights by Starter WP
- Unauthorized access to Client data due to Starter WP's negligence
- Death or personal injury (to the extent not waivable under applicable law)

Starter WP is not liable for:
- Indirect, incidental, consequential, or punitive damages
- Loss of revenue, profits, or business opportunity
- Loss of data (except where Starter WP failed to maintain backups as promised)
- Reputational harm
- Third-party claims (unless Starter WP is the defendant)

This limitation applies even if Starter WP has been advised of the possibility of such damages.

12. Privacy and Data

Starter WP collects personal data necessary to process payments and manage accounts (e.g., name, email, billing information) and data submitted through contact or signup forms.

Analytics are collected via Matomo, configured with IP anonymization.

Starter WP does not sell or share personal data with third parties.

For details, see our separate Privacy Policy available on the Site.

12A. Data Processing and International Compliance

a) Data Responsibilities: Client is the data controller for all personal data
collected or submitted through the Website. Starter WP acts as a data processor
and will process personal data only on instructions from the Client and in
accordance with applicable data protection laws.

b) GDPR Compliance (EU Customers): For clients subject to GDPR, Starter WP has
executed a Data Processing Addendum (DPA) which is available upon request.
This DPA incorporates Standard Contractual Clauses and outlines our obligations
regarding:
- Data subject rights (access, deletion, portability)
- Breach notification (within 72 hours of discovery)
- Sub-processor disclosures

c) CCPA Compliance (California Customers): California residents have the right to:
- Know what personal information is collected and how it's used
- Delete personal information (subject to exceptions)
- Opt-out of the "sale" of personal information (Starter WP does not sell data)

Requests should be submitted to [email protected] with verification of identity.
We will respond within 45 days (or 30 days from clarification request).

d) Breach Notification: Upon discovery of a security breach involving personal data,
Starter WP will notify affected clients within 30 days. Clients are responsible
for notifying their end-users as required by law.

12B. Security and Compliance Commitments

Starter WP commits to:
- Daily automated backups with 30-day retention
- SSL/TLS encryption for all traffic (minimum TLS 1.2)
- SFTP/SSH access (no FTP) for security
- Automatic WordPress core + plugin updates
- Monthly security patches
- Intrusion detection via DigitalOcean Firewalls
- No unauthorized access to Client content except for support escalations
- SOC 2 Type II audit planned for [DATE] (upon reaching [revenue milestone])

Client is responsible for:
- WordPress theme/plugin security updates if not using our automated updates
- Removing/updating outdated plugins (Starter WP will notify if found)
- Changing default WordPress username (not "admin")
- Strong password maintenance

13. International Clients

Starter WP welcomes clients globally, but all prices, payments, and legal obligations are governed in USD and under U.S. law. You are responsible for any applicable taxes, currency-conversion, or cross-border fees.

14. Arbitration and Governing Law

These Terms are governed by the laws of the State of Delaware, U.S.A.

Any dispute, claim, or controversy arising from or relating to the Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA).

Each party shall bear its own costs and attorneys’ fees unless the arbitrator determines otherwise.

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

15. Changes to Terms

Starter WP may update these Terms from time to time. The latest version will always be posted on starterwp.com with an updated “Last Updated” date. Continued use of the Services after changes constitutes acceptance of the revised Terms.

16. Indemnification

a) Starter WP Indemnity: Starter WP will defend, indemnify, and hold harmless Client from any third-party claims that:
- The Starter WP-provided themes, plugins, or WordPress core components
infringe third-party IP rights
- Starter WP's hosting infrastructure or tools violate applicable law
- Starter WP failed to maintain reasonable security (subject to Section 5 SLA)

PROVIDED THAT Client has:
- Notified Starter WP in writing within 10 days of claim
- Given Starter WP sole control of defense and settlement
- Cooperated reasonably in the defense

b) Client Indemnity: Client will defend, indemnify, and hold harmless Starter WP from any third-party claims that:
- Client's website content infringes third-party IP (photos, text, videos, etc.)
- Client's use of the website violates applicable law
- Client's website content defames, harasses, or violates privacy of others
- Client's business operations or marketing violate FTC/CAN-SPAM/GDPR rules

Starter WP is not liable for Client content unless Starter WP authorized,
encouraged, or had knowledge of the infringing content.

c) Remedies: If Starter WP's components are found infringing, Starter WP may, at its expense:
- Obtain the right for Client to continue using the component
- Replace/modify the component to be non-infringing
- If not possible, terminate service and provide prorated refund

17. Force Majeure

Neither party shall be liable for failure to perform obligations under this
Agreement if such failure results from events beyond reasonable control, including:
- Natural disasters (earthquake, flood, hurricane, tornado)
- War, terrorism, civil unrest, government action
- Widespread power outages
- Massive internet outages or DNS failures
- Third-party provider failures (DigitalOcean, Stripe, domain registrar)
- Epidemics or pandemics
- Labor strikes

If force majeure event prevents performance for >14 consecutive days:
- Affected party must notify the other within 24 hours
- Parties will work to resume performance
- If unresolved after 30 days: Either party may terminate with prorated refund
- The uptime SLA (Section 5) is suspended during force majeure events

Starter WP will make reasonable efforts to mitigate (e.g., switch providers)
but is not liable for delays caused by third-party provider issues.

18. Contact Us

For questions about these Terms or any legal matter, please contact:

Starter WP, Inc.

3824 Cedar Springs Rd #510

Dallas, TX 75219

Email: [email protected]