ThinkByte Studios – Terms and Conditions Last Updated: 06/13/2025

These Terms and Conditions (“Agreement”) govern your purchase and use of services provided by ThinkByte Studios, including the Company Plan, Content Creator Plan, E-Commerce Plan, and MSP IT Plan. By purchasing or using our services, you agree to be bound by these terms.

1. Services Provided

• ThinkByte Studios provides web design, hosting, content management, e-commerce integration, IT management, and support services depending on the selected plan. Service details are outlined at the time of purchase and may vary per plan.

2. Plans

2.1 Company Plan

• Includes website design, hosting, SSL, contact form, and 15 pages with regular backups and technical support.

2.2 Content Creator Plan

• Includes all features of the Company Plan plus blog setup, SEO, portfolio management, payment integration, and up to 100 custom pages.

2.3 E-Commerce Plan

• Includes all features of the Content Creator Plan plus full e-commerce functionality, shopping cart setup, product uploads, and enhanced performance optimization.

2.4 MSP IT Plan

• Includes IT management services, system monitoring, endpoint protection, remote helpdesk support, patching, and backup solutions tailored to your business environment.

Additional Licensing: Clients enrolled in the MSP IT Plan who require additional software licenses for new users—including but not limited to Google Workspace, Adobe products, Microsoft 365 accounts (via Entra ID), Google Voice, additional cloud storage, or any third-party services—understand these costs are not included in their standard monthly or annual package. ThinkByte Studios will invoice the client for these licenses and services separately. Once payment is received, ThinkByte Studios will procure and integrate the licenses into the client’s service environment.

3. Website Transfer

• If a client requests a website transfer to ThinkByte Studios’ services, the transfer will be completed within five (5) business days, provided all necessary access and information are received in a timely manner.

4. Acceptable Use Policy (AUP)

You must comply with our AUP, which prohibits:

• Illegal activity, malware, hacking, spam, phishing, hate speech, or infringing intellectual property.
• Resource abuse (e.g., excessive bandwidth or storage).
• Violations may result in service suspension or termination. Continued violations may incur legal action or additional charges.

5. SLA & Response Tiers

Support hours: 8 AM–6 PM ET, Monday–Friday. 24/7 support is available for critical infrastructure. Service credits may apply at ThinkByte’s discretion if SLA targets are not met.

6. Automatic Renewal & Contract Term

• Agreements auto-renew for the same billing term (monthly or annual) unless canceled with at least 30 days’ notice.
• Minimum contract term is one billing cycle.

7. Audit Rights

• ThinkByte Studios may audit client usage to ensure compliance with licensing and service terms. If usage exceeds contracted limits, the client will be invoiced for overages and may be subject to audit-related fees.

8. Force Majeure & Maintenance

ThinkByte is not liable for delays caused by:

• Natural disasters, cyber-attacks, internet outages, acts of war, or governmental restrictions.
• Scheduled maintenance will be announced with at least 48 hours’ notice. Emergency maintenance may occur without notice.

9. Confidentiality & Data Protection

• Both parties agree to protect confidential information and not disclose it to third parties.
• ThinkByte complies with applicable data protection laws including GDPR and CCPA.
• Upon termination, client data will be securely deleted or returned within 30 days.

10. Indemnification & Limitation of Liability

• Clients agree to indemnify ThinkByte against any third-party claims related to client content, software, or service misuse.
• ThinkByte’s total liability is limited to the amount paid by the client in the previous 12 months.
• Liability does not cover indirect, incidental, or consequential damages.

11. Third-Party Services

• Clients are responsible for third-party services and licenses integrated with their ThinkByte environment.
• ThinkByte manages integration and access but does not control the policies or pricing of third-party providers.

12. Termination & Suspension

• Non-payment exceeding 30 days may result in service suspension or termination.
• Clients remain liable for all charges accrued up to the suspension/termination date.
• Data will be retained for up to 30 days after termination and may be permanently deleted thereafter.

13. Excessive Help Desk Usage

• Clients on the Company, Content Creator, or E-Commerce Plans with individual employees contacting support more than 30 times in a calendar month may be subject to additional support fees.

14. Refund Policy

• Monthly subscriptions are non-refundable after the billing cycle starts.
• Annual plans canceled early may be eligible for prorated refunds minus a 10% processing fee with 30 days' notice.

15. Intellectual Property

• All custom design, code, and deliverables remain the property of ThinkByte Studios until full payment is received.
• Client-provided materials remain the property of the client.

16. Governing Law

This Agreement is governed by the laws of the Commonwealth of Virginia. Disputes will be resolved in the courts of Virginia.

17. Discretionary Terms

• Any matter not expressly addressed in these Terms and Conditions shall be subject to the sole discretion and final decision of ThinkByte Studios.

18. Contact

Any matter not expressly addressed in these Terms and Conditions shall be subject to the sole discretion and final decision of ThinkByte Studios.

ThinkByte Studios
Email: sales@thinkbytestudio.com
Phone: 757-255-8464
Website: https://ThinkByteStudio.com