Policies & Disclaimers

Professional Website Design and SEO Company

Managed Website Service – Monthly Service (Mandatory)

This is a required service that begins upon website launch. It includes:

• Secure, optimized hosting on our stable platform
• Domain registration/renewal (we register and hold it on your behalf — you retain ownership)
• Regular software, security, and platform updates
• 24/7 uptime monitoring and proactive security measures
• Scheduled automated backups
• Access to our Support Center with video tutorials and resources
• Limited front-end content management access via an intuitive drag-and-drop interface

This service is billed separately from the one time website design fee. A dedicated payment link with full details will be emailed when your site is ready to launch. Payment is required before the site goes live.

Important: All websites we build are hosted on our platform. We do not build or transfer sites to third party hosting providers unless previously discussed and agreed in writing, as this increases costs and removes our included maintenance and security benefits. Clients commit to a minimum of one (1) year of Managed Website Service from the launch date.

Accessibility Enhancement Package Disclaimer

We design every website with accessibility in mind because we genuinely want people with disabilities to have a better user experience. This is something personal to us, members of our team live with visual disabilities, which drives our commitment to inclusive design.

The Accessibility Enhancement package is designed to meaningfully improve WCAG 2.2 conformance and deliver a better user experience for all visitors.

However, we do not guarantee full compliance with accessibility standards, nor immunity from accessibility-related claims or legal action. Accessibility is an ongoing process affected by your own content updates, third-party tools, plugins, and evolving regulations.

Ongoing maintenance, regular audits, and additional proactive steps are strongly recommended to maintain and improve accessibility over time.

Standard Website Accessibility (Without Enhancement Package)

We design every website with accessibility in mind because we genuinely want people with disabilities to have a better user experience. This is something personal to us, members of our team live with visual disabilities, which drives our commitment to inclusive design.

Websites built without the Accessibility Enhancement Package follow general modern design and usability best practices. However, they are not specifically optimized or audited for WCAG 2.2 (or any specific accessibility standard) conformance.

Basic semantic HTML, responsive design, and alt text access for images are included as standard, but advanced accessibility features, such as enhanced keyboard navigation, ARIA landmarks, color contrast adjustments, screen reader optimizations, and detailed testing, are not applied.

Important:

• We make no representations or guarantees regarding accessibility compliance for standard websites.
• You assume full responsibility for any accessibility related claims, complaints, or legal actions.
• Accessibility is a continuous responsibility. Content you add (text, images, PDFs, videos, etc.) can significantly impact compliance.
• We strongly recommend upgrading to the Accessibility Enhancement Package for meaningful improvements and reduced risk.

Ongoing maintenance and independent accessibility audits are highly advised for any business concerned about inclusivity or legal exposure.

Access & Security

Upon launch, you receive user level access to edit content (text, images, and basic layout adjustments) through a secure, simplified interface. Full administrative or server level access is not provided to protect the shared hosting environment and overall security.

If a requested change requires higher level access, custom code, or new software, we will evaluate compatibility and safety. Additional fees may apply for implementation, testing, and ongoing support.

Content, Images & Photography

You are fully responsible for any content, text, videos, or images you upload, provide, or add to your website.

We do not guarantee that any images or content on your site are free from legal claims or disputes. We are not liable for any copyright infringement, trademark violations, or other legal issues that may arise from content you supply or upload.

Important notes regarding images and copyright:

• It is not uncommon to receive emails from scammers or opportunistic companies claiming that images on your website violate copyright and demanding payment. Many of these claims are fraudulent.
• We strongly recommend
  • Using only original photos you have taken yourself or properly licensed images.
  • Avoiding any images “found” via Google or other search engines.

When we provide stock imagery, we source it exclusively from reputable providers such as DepositPhotos to minimize legitimate copyright risks.

Note: There are scammers out there that contact businesses stating there is a copyright issue and they typically provide a link to click on. Do nto click on any links, forward the email to us and we can research it.

Domain & Email

Domain registration and renewal are included in the Managed Website Service. We register and manage the domain on your behalf while you retain full ownership. Timely renewal payments are required to prevent expiration or downtime.

If you prefer to manage the domain yourself, you must provide login access or handle renewals promptly. We may need to acess the domain from time to time.

Email service (e.g., info@yourdomain.com) is not included. We recommend Google Workspace or Microsoft 365 and can assist with setup for an additional fee.

Website Performance & SEO Disclaimer

While we build fast, search engine friendly websites using current best practices, we cannot guarantee specific search rankings, traffic volumes, or business results. SEO is influenced by many external factors including competition, algorithm changes, and your own ongoing content efforts. Our Managed Website Service is not for SEO, additional services are provided for help with SEO and visibility.

Third-Party Services & Integrations

We may recommend or integrate third-party tools (payment processors, booking systems, analytics, etc.). We are not responsible for changes, outages, price increases, or policy shifts by these providers. Any associated costs or issues are the responsibility of the client.

Data Backups & Loss

We perform regular automated backups as part of the Managed Website Service. However, we are not liable for data loss due to client actions, third-party hacks, or events beyond our reasonable control. Restoring from backups may incur additional fees if caused by client error. Backups are not guarunteed.

Payment, Billing & Late Fees

All monthly services, including the mandatory Managed Website Service, are billed exclusively through automatic recurring payments.

By signing up for our services, you authorize Brain Power Websites to automatically charge the payment method you provide (credit card or ACH) on or shortly after the due date each month. This ensures uninterrupted hosting, security updates, backups, and support for your website.

• Automatic payments help prevent accidental lapses and keep your site online at all times.
• If a payment fails (declined card, insufficient funds, expired card, etc.), we will send you a notification.
• A 7-day grace period applies from the original due date.
• If the payment remains unsuccessful after the grace period, we reserve the right to suspend all services, including hosting. Your website may become unavailable to the public and display a temporary “Payment Required” page.
• Continued non-payment may result in full termination of services after 30 days.
• We reserve the right to charge late fees (up to 1.5% per month or the maximum permitted by law) and interest on any overdue amounts.
• Services will be promptly restored once the outstanding balance (including late fees) is paid in full.
• No refunds will be issued for any prepaid or partially used services.

You may update your payment information at any time through your client portal of the payment processor. We strongly recommend keeping your payment method current to avoid any disruption to your online presence.

Termination & Cancellation

After the initial 12-month commitment, either party may cancel with 30 days’ written notice. Upon cancellation, you are responsible for transferring your domain and website content elsewhere. We can assist with migration for an additional fee. No refunds are issued for prepaid hosting or design fees.

Limitation of Liability

To the fullest extent permitted by law, Brain Power Websites’ total liability to you for any and all claims arising out of or related to our services, website, or agreement shall not exceed the total amount actually paid by you to us in the preceding six (6) months.

We are not liable for any indirect, consequential, incidental, punitive, or exemplary damages, including but not limited to lost profits, lost revenue, business interruption, loss of goodwill, or data loss — even if we have been advised of the possibility of such damages.

Force Majeure

We are not responsible for delays or failures caused by events beyond our control (e.g., natural disasters, cyberattacks, government actions, or hosting provider outages).

No Warranties

All services and websites are provided “as is” and “as available.” We do not make any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the website will be error free, uninterrupted, or completely secure.

Client Indemnification

You agree to indemnify, defend, and hold harmless Brain Power Websites, its owners, employees, and affiliates from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Content you provide or upload
• Copyright, trademark, or privacy violations
• Your use of the website
• Any breach of these policies by you

Changes to Services or Pricing

We reserve the right to modify the Managed Website Service, features, or pricing at any time. Continued use of the service after the effective date constitutes acceptance of the changes. If you do not agree, you may cancel per the Termination & Cancellation policy.

Governing Law & Dispute Resolution

These policies and any agreement with Brain Power Websites are governed by the laws of the State of Arkansas. Any disputes shall be resolved exclusively in the courts located in Lonoke County, Arkansas. You agree to waive any right to a jury trial.

Entire Agreement & Updates to Policies

This Policies & Disclaimers page, together with your invoice or signed proposal, constitutes the entire agreement. We may update this page at any time. Continued use of our services after changes are posted constitutes acceptance of the new terms. We will notify existing clients of material changes via email.