Terms of Service

Introduction

These Terms of Service (“Terms”) constitute a legally binding agreement between TwinBros Solutions LLC, a Wisconsin limited liability company (“Company,” “we,” “us,” or “our”), and any individual or entity (“Client,” “you,” or “your”) accessing or using services provided through the SiteCare360 website and related offerings.

By accessing our website, purchasing services, or subscribing to any plan, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

Nature of Services

The Company provides digital services including but not limited to website design, web development, website maintenance, performance optimization, SEO services, hosting coordination, and subscription-based website care.

Services may be delivered as one-time setup services, recurring managed service plans, or other subscription-based offerings. Specific deliverables, timelines, and features are defined in the selected service plan, proposal, invoice, or written agreement between the parties.

Unless expressly agreed otherwise in writing, services are provided under a managed service model and do not include transfer of website ownership, source code, design files, or development systems to the Client.

No Guarantee of Results

The Client acknowledges that digital services, including SEO and performance optimization, are influenced by numerous external factors beyond the Company’s control.

Accordingly, the Company does not guarantee specific results such as search engine rankings, website traffic, conversion rates, revenue generation, or business outcomes.

Subscription Services

Certain services may be subject to a minimum commitment period as defined in a signed agreement, service plan, or invoice.

If services begin after the start of a billing cycle, initial charges may be prorated or adjusted at the Company’s discretion in order to align future recurring billing to the standard billing cycle.

Certain service plans may require an initial advance payment period before recurring billing begins. Applicable billing schedules, advance payment periods, recurring charges, subscription start dates, and billing terms will be specified in the selected service plan, invoice, subscription authorization, or written agreement. Where applicable, advance payments may be applied toward future or final billing periods under the applicable service arrangement.

After fulfillment of any applicable minimum term, services will continue on a month-to-month basis unless canceled in accordance with the applicable agreement or service arrangement.

Termination during any applicable minimum commitment period does not relieve the Client of remaining payment obligations for that period.

The Client is responsible for managing subscription cancellations. Failure to cancel prior to renewal will result in continued billing.

The Company reserves the right to modify subscription pricing or features with reasonable notice.

Payments & Authorization

By purchasing services, the Client authorizes the Company to charge the selected payment method for all applicable fees, including recurring subscription charges.

The Client authorizes the Company and its payment processors to securely store and use the Client’s payment method for recurring billing, future invoices, subscription renewals, approved charges, and applicable service fees. The Client is responsible for maintaining valid and up-to-date payment information.

Recurring payments are billed automatically on the 1st day of each month unless otherwise stated in writing.

All fees are due in advance unless otherwise agreed in writing. Payments are non-refundable once services have commenced, except where required by law or explicitly stated otherwise.

Additional services or features may be offered as one-time add-ons. Such add-ons are separate from subscription services and are billed as one-time charges. Payment for add-ons is due in advance, and all add-on fees are non-refundable once services have commenced.

Where applicable, advance payments covering multiple billing periods are non-refundable once services commence, including any unused portion of the applicable advance billing period.

The Company reserves the right to change pricing for future billing cycles with reasonable notice.

Certain services may be subject to separate contractual terms, including fixed-term agreements or annual commitments, as specified in a signed agreement between the parties.

Advertising platform spend, media budgets, and third-party advertising charges are separate from the Company’s management fees and remain solely the responsibility of the Client.

Late Payments & Suspension

Failure to make timely payments may result in suspension or termination of services without prior notice.

The Company and its payment providers may attempt to retry failed recurring payments using the authorized payment method.

During suspension, the Company may restrict access to services, hosted content, or deliverables until all outstanding balances are paid in full.

Chargebacks & Payment Disputes

The Client agrees not to initiate chargebacks, payment reversals, or similar disputes without first contacting the Company and providing a reasonable opportunity to resolve the issue.

The Company reserves the right to submit these Terms, invoices, and records of services performed in response to any payment dispute or chargeback.

If a chargeback or payment dispute is initiated for a valid charge, the Company may suspend or terminate services immediately and pursue recovery of the disputed amount to the fullest extent permitted by law.

Scope of Work

All services are limited to the scope defined in the applicable service plan, invoice, or written agreement. Any request outside of this scope shall be considered additional work.

The Company reserves the right to approve or decline out-of-scope requests and may require additional fees or revised timelines for such work.

Client Responsibilities

• Provide accurate, complete, and timely content, materials, and access credentials
• Respond to requests for feedback, approvals, and information in a timely manner
• Ensure all provided materials comply with applicable laws and do not infringe third-party rights

Delays in fulfilling these responsibilities may impact timelines and deliverables, for which the Company shall not be held responsible.

Revisions & Changes

Service plans may include a limited number of revisions. Requests exceeding the included revisions or involving significant changes may be subject to additional fees.

All revisions must remain within the original scope unless otherwise agreed.

Domains, Hosting, and Third-Party Subscriptions

Unless expressly stated otherwise in writing, domain registrations, domain renewals, email services, premium plugins, third-party software subscriptions, payment processor accounts, advertising accounts, booking tools, CRM platforms, and other third-party services are the Client’s responsibility and shall be maintained under the Client’s own account, billing profile, or legal control.

The Company may assist with setup, configuration, connection, or management of such third-party services as part of the purchased services, but the Client remains solely responsible for maintaining active subscriptions, paying all third-party fees, complying with third-party terms, and preserving access to those accounts.

The Company is not responsible for loss of access resulting from the Client’s failure to maintain domain ownership, account credentials, or active third-party subscriptions.

The Company is not responsible for service interruptions, failures, renewals, suspensions, account restrictions, policy changes, pricing changes, or data handling practices of any domain registrar, hosting provider, plugin vendor, software provider, payment platform, or other third-party service.

Third-Party Services

The Company may utilize third-party services, tools, or providers, including but not limited to hosting providers, analytics platforms, APIs, plugins, and communication tools etc.

The Company does not control and is not responsible for the performance, availability, or policies of third-party providers.

Data Handling

The Company collects and processes data in accordance with its Privacy Policy. By using our services, the Client consents to such data collection and processing.

Intellectual Property

Unless expressly agreed otherwise in a separate written agreement signed by the Company, all website designs, source code, layouts, structures, templates, frameworks, systems, methodologies, processes, and other materials created, developed, or used by the Company in connection with the services shall remain the sole and exclusive property of the Company.

The Client does not acquire ownership of the website design, source code, development files, templates, frameworks, or other underlying implementation materials by reason of payment for services. The Company provides the website and related services as part of a managed service offering, and no transfer of ownership shall occur unless expressly stated in a separate written agreement signed by the Company.

The Client grants the Company the right to use general design concepts, non-identifiable elements, and anonymized portions of work for use in other projects, provided that such use does not include confidential information or identifiable business content of the Client.

The Client retains ownership of the Client’s own pre-existing trademarks, logos, brand assets, business information, and content provided by the Client, subject to the Company’s right to use such materials as necessary to perform the services.

The Client grants the Company a non-exclusive, worldwide, royalty-free license to use, store, modify, and process Client-provided materials solely for the purpose of delivering services under these Terms.

Notwithstanding the Client’s ownership of such materials, the Company may retain copies of Client-provided content and data for internal, legal, backup, recordkeeping, or archival purposes, and such license shall continue for as long as the Company retains such materials.

Any third-party assets, plugins, software, licenses, APIs, themes, fonts, or tools used in connection with the services remain subject to the rights and restrictions of their respective owners and licensors.

Buyout Option

The Client may request to purchase full ownership of the website (“Buyout”) only after the applicable minimum service term has been fulfilled, subject to a separate one-time fee determined by the Company.

Upon full payment of the Buyout fee, the Company will transfer ownership of the final website files and code specific to the Client’s project in a standard format.

The Buyout does not include transfer of any internal tools, templates, reusable systems, proprietary frameworks or methodologies, or any third-party software, plugins, or licenses not owned by the Company.

The Company is not obligated to provide ongoing support, maintenance, or compatibility updates following a Buyout unless agreed separately in writing.

Limited Use Rights

Ownership of the website is not transferred to the Client unless a separate Buyout is completed in accordance with these Terms or a written agreement.

During an active paid service term, and subject to the Client’s compliance with these Terms, the Company grants the Client a limited, non-exclusive, non-transferable, revocable right to use the live website and related service outputs for the Client’s business purposes.

This limited right does not include any right to copy, resell, license, transfer, reproduce, reverse engineer, or claim ownership of the Company’s code, design systems, templates, frameworks, or development materials.

Acceptable Use

The Client may not use the Company’s website or services for unlawful, harmful, fraudulent, infringing, or abusive purposes, including spam, phishing, malware distribution, or deceptive business practices.

The Client agrees not to use the services in a manner that could harm the Company’s infrastructure, reputation, or relationships with third-party providers.

The Company reserves the right to suspend or terminate services immediately if it reasonably believes the Client is using the services in violation of this section.

Independent Contractor

The Company provides services as an independent contractor. Nothing in these Terms shall be construed to create any partnership, joint venture, employment, or agency relationship between the parties.

The Company has no authority to bind the Client to any obligation or agreement with any third party unless expressly authorized in writing by the Client.

Confidentiality

Each party agrees to use reasonable care to protect confidential information disclosed in connection with the services and not to disclose such information to third parties except as necessary to perform the services or as required by law.

Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from another source without restriction.

Termination

Either party may terminate services in accordance with the applicable service plan or written agreement. The Client remains responsible for all fees and charges accrued through the effective date of termination. Any applicable advance payments or future billing credits shall remain subject to the applicable service plan, billing terms, and these Terms.

Termination during any applicable minimum commitment period does not relieve the Client of remaining payment obligations for that period.

Upon termination, the Company may suspend or discontinue access to hosted services, support, maintenance, and deliverables. The Client’s limited right to use the website and related services shall immediately cease.

The Company shall have no obligation to provide access to, transfer, or restore any website data, files, or content after termination. The Company may retain such data for internal, legal, backup, or archival purposes at its discretion.

Continued retention of data does not create any obligation for the Company to maintain, update, or provide access to such data or services after termination.

Disclaimer of Warranties

All services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied.

Without limiting the foregoing, the Company disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, and error-free performance.

The Company does not guarantee that services will be uninterrupted, secure, or free from errors, outages, or third-party disruptions.

Limitation of Liability

To the fullest extent permitted by law, the Company’s total liability shall not exceed the total amount paid by the Client to the Company for the services giving rise to the claim during the one (1) month preceding the event giving rise to the claim.

The Company shall not be liable for any indirect, incidental, consequential, or special damages.

Indemnification

The Client agrees to indemnify, defend, and hold harmless the Company, its owners, officers, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or related to the Client’s use of the services.

This includes claims arising from Client-provided content, violation of applicable laws, infringement of third-party rights, or misuse of the services or deliverables.

Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, internet outages, acts of government, labor disputes, cyber incidents, or failures of third-party providers.

In such circumstances, the Company’s obligations shall be suspended for the duration of the event to the extent affected.

Governing Law

These Terms and any dispute arising out of or relating to these Terms, the website, or the services shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles.

Dispute Resolution

The parties agree to first attempt to resolve disputes through good faith negotiations.

If unresolved, any dispute, claim, or controversy arising out of or relating to these Terms or the services shall be resolved through binding arbitration conducted in Milwaukee, Wisconsin, in accordance with applicable arbitration rules.

The arbitration shall be conducted on an individual basis, and not as a class, collective, or representative proceeding. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

To the fullest extent permitted by law, the Client agrees that any dispute shall be brought solely in an individual capacity and not as part of any class, collective, consolidated, or representative action.

Entire Agreement

These Terms, together with the Privacy Policy and any applicable invoice, proposal, or written agreement, constitute the entire agreement between the parties with respect to the subject matter hereof.

They supersede all prior or contemporaneous discussions, understandings, representations, or communications relating to the same subject matter.

Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

Changes to Terms

The Company reserves the right to modify or update these Terms at any time. Any changes will be effective upon posting to this page with an updated effective date.

Continued use of the website or services after such changes are posted constitutes acceptance of the revised Terms.

Contact Information

If you have questions about these Terms, you may contact TwinBros Solutions LLC at legal [at] twinbrossolutions [dot] com