Tailwinds Networks LLC d.b.a WPConcierge agrees to make available this website and its services, subject to the terms listed on this page. You (the visitor or client of WPConceirge) agree to be bound by these terms as a condition of using this website or the services of WPConceirge. Please read these terms carefully and completely; they outline our relationship and provide the guidelines of how we will work together.
These terms and conditions were last updates on May 14, 2025.
1. Services. As mutually agreed upon by you and the Provider in this agreement and any attached schedules including the Services Provided section, which are incorporated by reference as though fully set out in this agreement, Provider shall provide services as agreed (individually or collectively, “Services”).
2. Initial Fee. Upon execution of this Agreement, the Provider will provide an invoice to the Client for the first month of Services. Client agrees to pay this amount on the earlier of a) the site migration being complete or b) ten days elapsing from the execution of this agreement. If payment is not received within fifteen days of contract agreement, this contract is voided.
3. Term. The Term, specified in the Engagement Letter, takes effect when the last party signs and may be terminated with thirty days written notice; if the remaining term is greater than one month, the Client shall be liable for 50% of the remaining term plus any unpaid or accumulated costs.
4. Payment Terms. The Client shall provide a Credit Card to the Provider, which shall be billed monthly for any outstanding amounts due to the Provider based on previous month’s usage as well as future month’s charges.
5. Continuing Payment Obligation, Late Fees. Notwithstanding any suspension or termination of this agreement by either party, the Client continues to be obligated under this agreement to pay any amount due for Services provided and fees incurred by Provider prior to any termination or suspension. Late fees, collection fees and interest may apply to past due invoices. Payments not received within 15 days of due date are subject to a 5% late fee, compounded every fifteen days.
6. Cooperation. Client agrees to work together with Provider and to furnish Provider with all relevant information concerning Client’s business and website. Provider must receive all relevant and requested information to begin work on Client’s website within thirty days of executed contract. Failure to provide this information may result in contract cancelation, with the cancelation penalty to apply. Any requested tasks from the Client must be reviewed within 48 hours of completion or they will be deemed accepted by the Client and not subject to revision.
7. Warranty Disclaimer. PROVIDER DISCLAIMS ALL WARRANTIES INCUDING WITHOUT LIMITATION IMPLIED WARRANTIES SUCH AS THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY DEFECTS OR DISRUPTIONS TO THE WEB SITE CONTENT OR FUNCTIONALITY OF CLIENT’S WEB SITE. THERE IS NO WARRANTY THAT THE INFORMATION, PROVIDER’S EFFORTS, OR THE SYSTEM WILL FULFILL ANY CLIENT PARTICULAR PURPOSES OR NEEDS. ANY INFORMATION OR COMPUTER PROGRAM IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER.
8. Liability Limitation. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, LOST DATA, WORK STOPPAGE, TECHNOLOGY MALFUNCTION, THE BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF EITHER PARTY HAS WARNED OR BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
9. Use of Service. The Client agrees to obey all applicable laws, regulations, intellectual property obligations and/or international obligations and understands that failure to do so may result in immediate termination of the working relationship between the Client and the Provider. The Provider shall, at its sole discretion and upon notification of appropriate authorities or discovery of unlawful or untoward conduct, have the option to remove the content, limit the content, or terminate the agreement. If the agreement is terminated, the Client shall be responsible for any early termination fees. The Client further understands and indemnifies the Provider against any losses related to any actions taken by the Client that violate the law, another’s intellectual property rights, or the rights of another person and results in losses or damages against the Provider.
10. Indemnification. Client agrees to defend, indemnify, and hold harmless Provider and its directors, officers, its employees and agents from and against all claims, defense costs (including reasonable attorneys’ fees as they are incurred), judgments and other expenses arising out of the breach of the following covenants and warranties: (a) Client possesses full power and authority to enter into this agreement and to fulfill its obligations hereunder; (b) The performance of the terms of this agreement and of Client’s obligations hereunder shall not breach any separate agreement by which Client is bound; (c) The use, public display, public performance, reproduction, distribution, or modification of Client content does not and will not violate (i) the rights of any third parties including, but not limited to, copyrights, trade secrets, trademarks, publicity, privacy, and patents, or (ii) any provision of law.
11. Law, Jurisdiction, Severability. This agreement must be governed and construed exclusively by its terms and by the laws of the State of Maryland, without giving effect to its conflicts of laws provisions. The parties submit to the jurisdiction of and exclusive venue in the federal and state courts located in the State of Maryland. If any provision of this agreement is determined by a court having jurisdiction to be unenforceable to an extent, the rest of that provision and of the agreement will remain enforceable to the fullest extent permitted by law.
12. Waiver. No waiver, amendment, or modification of any provision of this agreement shall be effective unless consented to by both parties in writing by duly authorized representatives of the parties. No failure or delay by either party in exercising any rights, power, or remedy under this agreement shall operate as a waiver of any such right, power, or remedy.
13. Survival. Terms related to indemnifications, disclaimers, warranties and representations, liability limitations, preexisting work product, intellectual property, licenses, and promotion survive in full force and effect the termination of this agreement.
14. Notices. Notices may be sent to each party via electronic mail to the individual addresses on file, or via United States Postal Service, return receipt requested, to the addresses in the Engagement Letter. For electronic notifications, notification shall be considered transmitted and received when the electronic message is sent and the sending party does not receive a bounced response from the receiving party. For postal mailings, notification shall be considered made on the date the notice was sent plus five days, or whenever the recipient signs for or refuses delivery of the parcel, whichever is sooner.
15. Website Hosting Policy. The Website Hosting Policy, provided with this Agreement, is incorporated as a part of this agreement and agreed to by the signature of both parties. The terms and conditions of the Website Hosting Agreement may be modified from time to time by Provider, and notice of such will be communicated to the Client in writing.
16. Modification of This Agreement. This agreement may be modified by the Provider from time to time, with thirty days written notice to the Client. If the Client declines to accept the terms, the Provider may terminate the agreement with the Client, or choose to operate under the prior terms until the end of the Client’s contracted term. Upon conclusion of any contracted terms under this agreement, both parties stipulate that the modified terms will be effective, and may be changed at any time. If the Client cannot abide by or agree to the terms of the modified agreement, they must terminate their tenancy with the Provider at the conclusion of this engagement term.