Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the website located at divyweb.com (the "Site") and the services offered by DivyWeb LLC ("DivyWeb," "we," "our," or "us"), a limited liability company organized under the laws of the State of Arizona.

By accessing our Site or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or engage our services.

These Terms apply to all visitors, clients, and others who access or use our Site or services.

Services

DivyWeb provides technical IT services to agencies and businesses, including but not limited to:

• Domain registration and DNS management
• Email platform setup and migration (Google Workspace, Microsoft 365)
• Cloudflare configuration and management
• Web hosting services via 24Host7
• WordPress hosting and maintenance via OnSiteWP
• WordPress performance optimization
• Custom WordPress plugin development
• Payment gateway integration
• Third-party API integrations
• Website security audits and malware remediation
• SSL certificate management
• AWS cloud consulting and infrastructure services

The specific scope, deliverables, timeline, and fees for each engagement are defined in a separate written agreement, proposal, or statement of work provided to the client prior to commencement of work.

DivyWeb reserves the right to decline any engagement at its sole discretion.

Client Engagement

Proposals and Statements of Work

All engagements begin with a written proposal or statement of work (SOW) that defines the scope, deliverables, timeline, and applicable fees. Work does not begin until both parties have agreed to the terms of the engagement in writing.

Changes to Scope

Any changes to the agreed scope of work must be documented in a written change order signed by both parties. DivyWeb reserves the right to adjust fees and timelines in response to scope changes.

Client Access and Credentials

Clients are responsible for providing DivyWeb with necessary access credentials (hosting accounts, domain registrar access, Google Workspace admin, AWS console, etc.) required to perform the agreed services. DivyWeb will handle all client credentials with strict confidentiality and will not share them with unauthorized parties.

Timelines

Estimated timelines are provided in good faith but are not guaranteed unless explicitly stated as a firm deadline in the written agreement. Delays caused by client unresponsiveness, failure to provide required access, or scope changes may affect delivery timelines without penalty to DivyWeb.

Payment Terms

Fees

Service fees are outlined in the applicable proposal or statement of work. Fees are quoted in US dollars and are subject to applicable taxes.

Payment Schedule

Unless otherwise specified in writing, the following payment terms apply:

• Project-based work: 50% deposit required before work begins; remaining balance due upon project completion
• Ongoing retainer services: invoiced monthly in advance
• Hourly consulting: invoiced upon completion of each session or monthly, as agreed

Late Payments

Invoices are due within 15 days of the invoice date unless otherwise agreed in writing. Overdue invoices are subject to a late fee of 1.5% per month on the outstanding balance. DivyWeb reserves the right to suspend services for accounts more than 30 days past due.

Refunds

Deposits are non-refundable once work has commenced. Refunds for services not yet rendered will be considered on a case-by-case basis at DivyWeb's sole discretion.

Payment Processing

Payments processed online are handled through PCI DSS-compliant payment processors. DivyWeb does not store full payment card data on its servers.

Client Responsibilities

Clients agree to:

• Provide accurate and complete information necessary for DivyWeb to perform the agreed services
• Respond to requests for information, approvals, or access in a timely manner
• Ensure they have the legal right to provide DivyWeb with access to any systems, accounts, or content used in connection with the services
• Maintain appropriate backups of all data prior to DivyWeb performing any work on their systems
• Notify DivyWeb promptly of any changes that may affect the services being provided
• Pay all invoices in accordance with the payment terms outlined herein

DivyWeb shall not be liable for any damages resulting from a client's failure to fulfill these responsibilities.

Intellectual Property

Client-Owned Work Product

Upon receipt of full payment, DivyWeb assigns to the client all rights, title, and interest in custom work product created specifically for that client under a written engagement agreement, including custom WordPress plugins, custom code, and similar deliverables.

DivyWeb Retained Rights

DivyWeb retains ownership of all pre-existing tools, frameworks, methodologies, know-how, and general-purpose code libraries used in the delivery of services. Clients receive a non-exclusive license to use such materials as incorporated into their deliverables.

Third-Party Materials

Where services involve third-party software, plugins, themes, or platforms, the applicable third-party licenses govern use of those materials. DivyWeb is not responsible for ensuring client compliance with third-party license terms.

Site Content

All content on the divyweb.com website — including text, graphics, logos, and code — is the property of DivyWeb LLC and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our Site content without our express written permission.

Confidentiality

Both parties acknowledge that in the course of an engagement, each may have access to confidential information of the other party, including but not limited to business strategies, technical systems, client lists, credentials, and proprietary processes.

Each party agrees to:

• Keep all confidential information strictly confidential
• Not disclose confidential information to any third party without prior written consent
• Use confidential information solely for the purpose of performing the agreed services
• Return or destroy confidential information upon request or termination of the engagement

These obligations do not apply to information that is publicly available, already known to the receiving party, or required to be disclosed by law.

Warranties & Disclaimers

Our Warranties

DivyWeb warrants that:

• Services will be performed in a professional and workmanlike manner
• We have the right to provide the services described herein
• We will handle client data and credentials with reasonable care and confidentiality

Disclaimers

THE SITE AND 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.

DivyWeb does not warrant that:

• Services will be uninterrupted, error-free, or completely secure
• Results of any service will meet all client expectations
• Third-party platforms or tools used in connection with our services will remain available or perform as expected

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIVYWEB LLC AND ITS MEMBERS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES PROVIDED.

IN NO EVENT SHALL DIVYWEB'S TOTAL LIABILITY TO A CLIENT FOR ANY CLAIM ARISING OUT OF OR RELATING TO A SPECIFIC ENGAGEMENT EXCEED THE TOTAL FEES PAID BY THAT CLIENT TO DIVYWEB FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless DivyWeb LLC and its members, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of our Site or services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any content or systems you provide DivyWeb access to in connection with an engagement
• Your failure to maintain appropriate data backups prior to DivyWeb performing work

Termination

Termination by Client

Clients may terminate an engagement by providing written notice to DivyWeb. The client remains responsible for payment of all fees for work completed up to the date of termination. Deposits are non-refundable.

Termination by DivyWeb

DivyWeb may terminate an engagement immediately upon written notice if:

• The client fails to make payment within 30 days of the due date
• The client engages in conduct that is unlawful, abusive, or harmful
• The client breaches any material term of these Terms or the written engagement agreement

Effect of Termination

Upon termination, DivyWeb will deliver to the client all completed work product for which payment has been received. Provisions of these Terms that by their nature should survive termination — including confidentiality, intellectual property, limitation of liability, and indemnification — shall survive.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or our services that cannot be resolved informally shall be submitted to binding arbitration in Maricopa County, Arizona, in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorneys' fees.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

Changes to Terms

We reserve the right to modify these Terms at any time. When we do, we will update the "Last Updated" date at the top of this page. We may also notify active clients of material changes via email.

Your continued use of our Site or services following the posting of changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, please discontinue use of our Site and services.

Contact Us

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