Terms of Service
Effective Date: Sept 6 2025
Last Updated: Sept 6 2025
1. Agreement to Terms
By engaging our WordPress consulting and development services, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms apply to all services provided by Darn.pro ("we," "us," or "our").
2. Services Description
We provide WordPress website consulting, development, maintenance, and related services including but not limited to:
Custom WordPress development and customization
Website maintenance and updates
Plugin and theme installation and configuration
Performance optimization
Security implementations
Technical consulting and troubleshooting
3. Billing and Payment Terms
3.1 Time Tracking and Billing
All work is billed in 15-minute increments, rounded to the nearest 15 minutes
Minimum billing of 30 minutes per month applies when assigned tasks are provided
Time tracking begins when work commences and includes research, development, testing, and communication related to your project
3.2 Payment Terms
Payment is due within 30 days of invoice date unless otherwise agreed in writing
Late payments may incur a service charge of 1.5% per month or the maximum allowed by law, whichever is less
We reserve the right to suspend services for accounts more than 30 days past due
3.3 Third-Party Costs
Plugin licenses, premium themes, hosting, and other third-party services are billed at cost plus applicable taxes
Client is responsible for all third-party service costs even if we facilitate the purchase
4. Plugin and Theme Licensing
4.1 License Management
We will maintain active licenses for premium plugins and themes for a minimum of 12 months following contract termination
Extended license maintenance beyond 12 months is provided at our discretion
License transfers to client accounts available upon request and may incur administrative fees
4.2 License Responsibility
Client is ultimately responsible for ongoing license costs if they wish to maintain premium features
We will provide reasonable notice before discontinuing license maintenance
5. Intellectual Property
5.1 Client Content
You retain ownership of all content, data, and materials you provide
You grant us license to use, modify, and display your content solely for the purpose of providing services
5.2 Custom Development
Custom code and solutions developed specifically for your project become your property upon full payment
Pre-existing tools, frameworks, and methodologies remain our property
We retain the right to use general knowledge and techniques in future projects
6. Limitation of Liability
6.1 Service Limitations
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE 3 MONTHS PRECEDING THE CLAIM
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
6.2 Website Functionality
We make no warranties regarding website uptime, performance, or compatibility with all browsers and devices
Client is responsible for regular backups and testing of website functionality
We are not liable for data loss, security breaches, or website downtime unless directly caused by our negligence
7. Client Responsibilities
7.1 Access and Cooperation
Provide timely access to necessary accounts, servers, and systems
Respond to requests for information and feedback within reasonable timeframes
Maintain appropriate backups of website data and content
7.2 Content and Legal Compliance
Ensure all content provided is legally owned or properly licensed
Comply with all applicable laws and regulations
Obtain necessary permissions for use of third-party content
8. Termination
8.1 Termination Rights
Either party may terminate services with 30 days written notice
Immediate termination allowed for material breach of terms
Upon termination, client responsible for payment of all services rendered
8.2 Post-Termination
We will provide reasonable assistance in transitioning services to client or new provider
Access credentials and project files will be provided upon request and full payment of outstanding invoices
9. Dispute Resolution
9.1 Governing Law
These Terms are governed by the laws of Nova Scotia, Canada
Any disputes shall be resolved in the courts of Nova Scotia
9.2 Resolution Process
Good faith negotiation required before pursuing legal action
Mediation encouraged for dispute resolution
Prevailing party in legal proceedings entitled to reasonable attorney fees
10. Privacy and Confidentiality
10.1 Information Protection
We maintain confidentiality of all client information and project details
Personal information handled in accordance with applicable privacy laws
Security measures implemented to protect client data
10.2 Data Retention
Project files and communications retained for minimum 2 years after project completion
Client data deleted upon written request after completion of services and payment obligations
11. Force Majeure
We shall not be liable for delays or failures in performance resulting from acts beyond our reasonable control, including but not limited to natural disasters, government actions, internet outages, or third-party service provider failures.
12. Modifications
These Terms may be updated periodically. Continued use of services after modifications constitutes acceptance of updated Terms. Material changes will be communicated with reasonable advance notice.
13. Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.
14. Entire Agreement
These Terms constitute the entire agreement between parties regarding the subject matter and supersede all prior agreements and understandings.
Contact Information:
Darn.pro
contact@darn.pro
For questions about these Terms of Service, please contact us using the information above.