Terms of Service

Last Updated: December 19, 2024

Introduction

Welcome to WP Sprint, LLC (“WP Sprint,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our WordPress development services, whether through subscription plans or fixed-price builds.

By engaging our services, scheduling a pilot project, or subscribing to any of our plans, you (“Client,” “Partner,” “you,” or “your”) agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.

1. Services Overview

1.1 Service Description

WP Sprint provides WordPress development services including but not limited to:

  • WordPress website builds (any complexity, any stack)
  • Figma UI/UX design and prototyping
  • Page builder development (Elementor, Bricks, Breakdance, Divi, etc.)
  • Custom PHP/classic theme development
  • FSE/Block theme development
  • Decoupled/headless WordPress development
  • Website maintenance and support
  • WebOps infrastructure for enterprise projects
  • Design tweaks, bug fixes, and optimization

1.2 Service Models

We offer two primary service models:

Subscription Plans:

  • Studio Plan: 1 active project at a time
  • Agency Plan: 2 active projects at a time
  • Enterprise Plan: Custom capacity and dedicated delivery pods

Fixed-Price Builds:

  • One-time productized builds with defined scope and pricing
  • Same quality standards and processes as subscription services

1.3 Services Not Included

The following services are NOT included unless explicitly agreed upon in writing:

  • Domain registration and management
  • Web hosting and server management
  • Premium plugins, themes, or third-party SaaS subscriptions
  • Services outside of WordPress and Figma web UI design
  • Ongoing hosting uptime guarantees (we build, you host)

2. Pilot Project Program

2.1 Eligibility and Qualification

We offer a free Pilot Project to qualified potential partners. During the initial discovery call, we assess whether there is mutual alignment for a long-term partnership. We reserve the right to decline pilot projects if we determine the engagement is not a good fit.

2.2 Pilot Project Terms

  • The pilot project is completely free with zero obligation to subscribe
  • The scope and timeline of the pilot project will be discussed and agreed upon during the discovery call
  • There is no written limit to pilot project scope, but it will be reasonable and mutually agreed upon
  • If you choose not to proceed with a subscription after the pilot, there is no obligation or penalty
  • All work completed during the pilot project becomes your property upon completion

3. Subscription Plans

3.1 Billing and Payment

  • Billing Frequency: Monthly, quarterly, or yearly based on your selected plan
  • Payment Terms: All subscriptions are prepaid. Payment is due upfront on your subscription signup date and each renewal cycle thereafter
  • Payment Methods: We accept payments via Stripe, Wise, Mercury, and bank transfer
  • Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date

3.2 Payment Failures

If a payment fails for any reason:

  • Your subscription will be paused immediately
  • You will not be able to submit new project requests
  • All active projects will be paused until payment is received
  • We do not charge late fees—we are your partner, not a bank
  • Once payment is received, your subscription and projects will resume immediately

3.3 What’s Included in Subscriptions

  • Unlimited project requests per month (subject to active project limits)
  • Unlimited revisions within the scope of each project
  • Unlimited portfolio maintenance (all sites we build + your existing portfolio)
  • Dedicated team members (researcher/marketer, product manager, designer, developer)
  • Technical Account Manager for support and communication
  • Access to client portal (Zendo) or integration with your tools (Slack, Asana, etc.)
  • 1-7 day turnaround estimates based on project scope

3.4 Active Project Limits

  • Studio Plan: 1 active project at a time
  • Agency Plan: 2 active projects at a time
  • Enterprise Plan: Custom capacity based on agreement

What Counts as an Active Project: An active project is any substantial web development task such as:

  • Figma UI design, prototyping, or landing page/funnel design
  • Full website build (any number of pages)
  • Website or landing page redesign/rebuild

What Does NOT Count as an Active Project (Micro Tasks): The following are handled simultaneously and do not count toward your active project limit:

  • Bug fixes
  • Website maintenance tasks
  • Content and design tweaks
  • Minor updates and optimizations

Managing Active Projects: If you reach your active project limit and want to start a new project, you must pause an existing project to make room for the new priority task. You control which projects are active based on your business priorities.

3.5 Pause and Resume

  • You may pause your subscription at any time without penalty
  • Paused subscriptions do not accrue charges
  • You may resume your subscription at any time
  • There is no minimum pause or resume period
  • Active projects will be paused during subscription pauses and resumed when you reactivate

3.6 Cancellation

  • You may cancel your subscription at any time
  • Cancellation takes effect at the end of your current billing cycle
  • No refunds will be issued for the remaining days in your current billing cycle
  • We will send a final email before termination asking if you want to export your project files and data
  • All data will be deleted within 30 days of cancellation as outlined in our Privacy Policy

3.7 Price Changes

  • We may change subscription pricing with 10 days’ advance notice
  • Existing subscribers will be subject to new pricing (no grandfathering)
  • You may cancel your subscription before the price change takes effect if you do not agree to the new pricing
  • Price changes will not occur more frequently than once every 6 months

4. Fixed-Price Builds (Productized Services)

4.1 Scope and Pricing

  • Fixed-price builds are quoted based on defined scope and deliverables
  • Pricing is agreed upon before work begins
  • Scope changes may result in revised pricing

4.2 Payment Terms

  • Payment is due 100% upfront, or in some cases, 50% upfront and 50% before launch
  • All payments are non-refundable (see Section 6 for our satisfaction commitment)

4.3 Post-Launch Support

  • Every fixed-price build includes a 30-day buffer support period
  • During this window, we will address any bugs, issues, or necessary adjustments at no additional cost
  • After the 30-day period, support can be added through a subscription plan or quoted separately

5. Project Timelines and Deliverables

5.1 Turnaround Estimates

  • Most projects are completed within 1-7 days, depending on scope and complexity
  • We provide more accurate timelines based on specific project requirements during the planning phase
  • Timelines are estimates, not guarantees, but we strive to meet or exceed expectations

5.2 Timeline Delays

  • If we fail to meet an agreed timeline due to our fault (not due to client delays, feedback gaps, or scope changes), we will cover the additional time from our end at no extra cost to you
  • We operate as a dedicated team, not freelancers, and do not make excuses for delays within our control

5.3 Force Majeure

  • In the event of natural disasters, pandemics, or other unforeseeable emergencies beyond our reasonable control, timelines may be extended
  • You will not be charged during periods when we cannot deliver services due to force majeure events
  • Your subscription timeline will be extended accordingly to compensate for the downtime

6. Revisions and Satisfaction Commitment

6.1 Unlimited Revisions

  • Both subscription and fixed-price builds include unlimited revisions within the scope of the original project
  • Revisions must be reasonable and related to the original project requirements
  • We will iterate and refine the work until you are satisfied

6.2 What Counts as a Revision vs. New Project

  • Revisions: Post-draft or post-launch changes to an existing project (design tweaks, content updates, functionality adjustments within original scope)
  • New Projects: New website builds, redesigns, new landing pages, new Figma designs, or requests that significantly expand the original scope

6.3 No Refund Policy

  • We do not offer refunds for subscription or fixed-price services
  • Instead, we commit to working with you until you are satisfied with the deliverables
  • If there is a dispute, we will work collaboratively to find a resolution

7. Intellectual Property Rights

7.1 Ownership of Deliverables

  • Upon full payment, you own all code, designs, and deliverables we create for your projects
  • We transfer all intellectual property rights to you once payment is complete
  • If payment is not complete (e.g., 50% deposit paid but final 50% pending), we retain ownership until full payment is received

7.2 Reuse of Components

  • We retain the right to reuse code components, design patterns, and techniques in future projects for other clients
  • We will not reuse your exact designs or branding but may use modified versions of components we develop

7.3 Client-Provided Materials

  • You retain ownership of all content, logos, brand assets, and materials you provide to us
  • By providing these materials, you grant us a license to use them solely for the purpose of completing your project
  • You represent and warrant that you have the right to provide these materials and that their use will not infringe on any third-party rights

7.4 Portfolio Rights

  • We reserve the right to showcase completed projects in our portfolio on our website
  • Projects will be displayed with mention of your company as a collaborative partner
  • If you require a project to be kept confidential under an NDA, please notify us in writing, and we will not display that project
  • By default, we showcase work without explicit permission unless you request otherwise

8. Client Responsibilities

8.1 Required Cooperation

To ensure timely and successful project completion, you agree to:

  • Designate a point of contact (project manager, account manager, or other decision-maker)
  • Provide timely feedback and approvals
  • Provide access to necessary accounts (hosting, domain registrar, CMS, etc.) or collaborate through alternative methods (e.g., remote desktop sharing)
  • Provide all required project materials, including:
    • Brand assets (logos, fonts, brand guidelines)
    • Content (text, images, videos) – optional, as we provide basic content writing by default
    • Premium resources (if applicable)
    • Figma UI files (if you want us to skip design and go straight to development) – optional

8.2 Timely Feedback

  • Delays in providing feedback or approvals may impact project timelines
  • If we do not receive feedback within 14 days, we may pause the project until we hear from you
  • Paused projects due to client inactivity do not stop subscription billing

9. Acceptable Use Policy

9.1 Permitted Uses

You may use our services to build any type of website that complies with applicable laws in the United States, European Union, and Australia.

9.2 Prohibited Uses

You may NOT use our services to create websites or content that involves:

  • Adult or sexually explicit content
  • Illegal activities or promotion of illegal goods/services
  • Hate speech, discrimination, or harassment
  • Fraudulent or deceptive practices
  • Malware, viruses, or harmful code
  • Violation of intellectual property rights
  • Any activity that violates local, state, national, or international law

9.3 Right to Refuse Service

We reserve the right to refuse service or terminate an engagement if we determine that your intended use violates this Acceptable Use Policy or conflicts with our values.

10. Warranties and Disclaimers

10.1 Service Warranty

  • We warrant that we will perform services with reasonable skill and care consistent with industry standards
  • For fixed-price builds, we provide a 30-day buffer support period to address bugs and issues
  • For subscription services, we provide ongoing support as part of your active subscription

10.2 No Uptime Guarantee

  • We do not guarantee uptime for websites we build, as uptime depends on your hosting provider and server infrastructure
  • However, as your partner, we will inspect, monitor, and support your sites to the best of our ability

10.3 Third-Party Tools and Services

  • We are not responsible for the performance, downtime, or failures of third-party tools, plugins, themes, or services (e.g., Zendo, Stripe, WordPress plugins)
  • Each third-party vendor has its own terms of service and liability
  • We are the makers and implementers, not the product owners of third-party tools

10.4 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11. Limitation of Liability

11.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WP SPRINT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES.

11.2 Maximum Liability

Our total liability to you for any claims arising out of or related to these Terms or our services shall not exceed the total amount you paid to us in the 12 months preceding the claim.

11.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

12. Confidentiality

12.1 Mutual Confidentiality

Both parties agree to keep confidential any proprietary, business, or technical information shared during the course of our engagement.

12.2 Confidential Information Includes

  • Business strategies, financial information, and client lists
  • Unpublished products, features, or marketing plans
  • Technical data, code, designs, and project files
  • Any information marked as “confidential” or that would reasonably be considered confidential

12.3 Exceptions

Confidentiality obligations do not apply to information that:

  • Is or becomes publicly available through no breach of these Terms
  • Was rightfully known prior to disclosure
  • Is independently developed without use of confidential information
  • Is required to be disclosed by law or court order

12.4 Duration

Confidentiality obligations survive for 3 years after termination of our engagement.

13. Termination

13.1 Termination by Client

  • You may cancel your subscription at any time
  • Cancellation takes effect at the end of your current billing cycle
  • No refunds will be issued for unused time in your billing cycle
  • You will receive a final email asking if you want to export project files before data deletion

13.2 Termination by WP Sprint

We may terminate your subscription or engagement with 30 days’ written notice if:

  • You breach these Terms and fail to remedy the breach within 14 days of notice
  • You engage in abusive, threatening, or unreasonable behavior toward our team
  • Your account is in arrears for more than 30 days
  • We determine the partnership is no longer viable

During the 30-day notice period, we will make reasonable efforts to complete any active projects.

13.3 Effect of Termination

Upon termination:

  • You must pay all outstanding invoices
  • We will provide you with final project files upon request
  • Your access to the client portal will be revoked
  • All data will be deleted within 30 days as outlined in our Privacy Policy
  • Sections of these Terms that by their nature should survive termination (e.g., intellectual property, confidentiality, limitation of liability) will continue to apply

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.

14.2 Informal Resolution

Before pursuing formal legal action, both parties agree to attempt to resolve any disputes informally by contacting each other in writing at hello@wpsprint.co (for WP Sprint) or your designated email address.

14.3 Jurisdiction and Venue

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Wyoming, and both parties consent to the jurisdiction of such courts.

14.4 Waiver of Class Actions

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any signed agreements or proposals, constitute the entire agreement between you and WP Sprint and supersede all prior agreements, understandings, or communications.

15.2 Amendments

We may update these Terms from time to time. If we make material changes, we will notify you by email or through a notice on our website at least 10 days before the changes take effect. Your continued use of our services after changes take effect constitutes acceptance of the updated Terms.

15.3 Assignment

  • You may not assign or transfer your rights or obligations under these Terms without our prior written consent (though exceptions may be discussed and negotiated on a case-by-case basis)
  • We may assign these Terms to a successor entity in the event of a merger, acquisition, or sale of assets. We will provide you with transparent notice if such a transfer occurs

15.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.6 Force Majeure

Neither party will be liable for failure to perform obligations due to causes beyond its reasonable control, including but not limited to natural disasters, pandemics, wars, acts of terrorism, government actions, or internet failures. During such events, affected timelines will be extended, and subscription charges may be paused.

15.7 Relationship of Parties

You and WP Sprint are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

15.8 Official Communication

All official communications, notices, and legal correspondence must be sent via email to:

  • WP Sprint: hello@wpsprint.co
  • Client: The email address you provided during signup

Communications through Slack, Zendo, or other platforms are for operational purposes only and are not considered legally binding notices.

16. Contact Information

If you have any questions about these Terms, please contact us:

WP Sprint, LLC
STE R, 30 N GOULD ST
Sheridan, Wyoming 82801
United States

Email: hello@wpsprint.co

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Thank you for partnering with WP Sprint. We’re excited to help your agency scale!