Terms and Conditions for Managed Hosting

These are the “Terms and Conditions” for Managed Hosting provided by Black Hills Web Works. We recommend that you print this page for your records.

This document was last updated on May 19, 2018.

1. Black Hills Web Works is hereafter referred to as “we” and “our” for the purpose of these Terms and Conditions.
2. We reserve the right to refuse any of our services to anyone at any time without notice or reason.
3. Our hosting service is described as Managed Hosting and provides the server space, bandwidth, and any other features listed on our Pricing page or as specified in our agreement with the client.
4. We will deploy the client’s website on our dedicated server.
5. We agree to install security and feature updates to WordPress software and all plugins within a reasonable time period after stable updates are released.
6. We may or may not maintain a mirror copy of the client’s “live” website on our development server, at our sole discretion.
7. We will perform backups of the client’s website and database at daily and weekly intervals and after significant revisions, changes, or additions of content. Additionally, we may perform an unscheduled backup at the special request of the client, at our sole discretion.
   1. Copies of the thirty most recent daily backups will be kept in our Amazon S3 archives
   2. Copies of the twenty-six most recent weekly backups will be kept in our Amazon S3 archives
8. If requested by the client, we will implement Google Analytics code into the website and provide monthly PDF reports of website traffic analysis by email.
9. Access to and control of the cPanel for the client’s website space is restricted to Black Hills Web Works or its agent(s).
10. If the client’s usage of website exceeds server space and/or bandwidth allocation, then an upgrade to a custom Managed Hosting Plan may be required, at our sole discretion, including additional fees for additional space and/or bandwidth.
11. Managed Hosting is a service that, once used, cannot be recovered. Therefore, payments for Managed Hosting must be made in advance on a timely basis as outlined in this section. Failure to pay the fee for Managed Hosting in accordance with these terms will result in the client’s website being taken offline until all past due invoices are paid in full.
    1. If the client has selected the annual payment plan, the current posted annual fee is due on or before the renewal anniversary date, which is the calendar date that the client’s first payment was received. An invoice will be sent to the client approximately 30 days before the renewal date, payable on or before the renewal date. A past due notice will be sent to the client if payment is not received by the renewal date, and the account will be suspended (meaning: the website will be turned off). If payment has not been received within 30 days after being suspended, we will assume that the client no longer desires our services, and the client’s website will be permanently deleted from our server.
    2. If the client has selected the monthly payment plan, payment must be made by credit card. The client’s credit card information will be stored securely in the client’s account in FreshBooks (our invoicing agent), the client will receive an invoice on the first day of each month, and the client’s credit card will be automatically billed on the first day of each month. It is the client’s responsibility to keep their credit card information up-to-date to avoid any interruption of service with their website. If an automatic transaction fails or is otherwise denied by the client’s credit card company, the client will be notified by email. If a successful payment is not made within seven (7) days of the invoice date then the client’s account will be suspended (meaning: the website will be turned off). If payment has not been received within 30 days of the invoice date, we will assume that the client no longer desires our services, and the client’s website will be permanently deleted from our server.
    3. Cancellation: To cancel a managed hosting account the client must notify Black Hills Web Works in writing (i.e. email).
    4. Refunds: There are no refunds for managed hosting.
12. Black Hills Web Works reserves the right to change the fee for managed hosting at any time following the first year of service.
13. By using Black Hills Web Works managed website hosting services, the client agrees to the terms listed in the Acceptable Use Policy (AUP) found at the following website URL: https://blackhillswebworks.com/acceptable-use-policy
14. The current version of this document supersedes all previous versions.