Last updated March 16, 2026.
These Agency Terms of Service (“Agreement”) govern the relationship between Tailwinds Networks LLC d/b/a WPConcierge (“WPConcierge,” “we,” “us”) and the agency, designer, developer, or other service provider (“Agency,” “you”) that purchases managed WordPress hosting services from WPConcierge for resale to or use on behalf of the Agency’s own clients (“End Clients”). By purchasing or using WPConcierge’s agency hosting services, you agree to be bound by this Agreement.
This Agreement, together with any Statement of Work or order form executed by both parties and the Hosting Policy incorporated by reference, constitutes the entire agreement between the parties. In the event of a conflict between this Agreement and the Hosting Policy, this Agreement controls.
1. Services
WPConcierge provides managed WordPress hosting on our infrastructure. Agency services include provisioning, system management, content delivery network optimization, web application firewall, automated backups, WordPress core and plugin update management, uptime monitoring, incident response and other services described in the Hosting Policy.
WPConcierge hosts WordPress sites. We do not build websites, perform design work, write copy, manage SEO campaigns, or provide development services under this Agreement. Any such work, if requested and agreed to, will be scoped and priced separately.
2. The Agency Relationship
You are purchasing hosting services from WPConcierge to serve your End Clients. You are our client. Your End Clients are not our clients. The contractual relationship is between WPConcierge and the Agency, and between the Agency and its End Clients. WPConcierge has no direct contractual obligation to your End Clients.
You are solely responsible for your relationship with your End Clients, including setting your own pricing, defining your own service level commitments, managing End Client expectations, and handling End Client support inquiries falling out of scope of this Agreement. You may route technical hosting issues to WPConcierge through your designated Agency contact, but WPConcierge will not communicate directly with your End Clients unless you explicitly authorize us to do so in writing.
You represent and warrant that you have the authority to act on behalf of your End Clients with respect to the hosting services provided under this Agreement, including the authority to authorize site migrations, software updates, malware removal, and account termination.
3. White-Label Branding
WPConcierge will not identify itself to your End Clients if you so choose. We will not place WPConcierge branding on sites hosted under your agency account, contact your End Clients directly, or market our services to your End Clients.
You may present the hosting services to your End Clients under your own brand. You may not, however, misrepresent the nature of the services — for example, by claiming to own or operate the underlying infrastructure.
4. Pricing and Payment
Agency pricing is based on the number of sites under management and is set forth in your Statement of Work or order form. Per-site rates will be specified in the Statement of Work or order form and may change pursuant to this Agreement.
WPConcierge bills monthly. Payment is due upon receipt of invoice. You agree to maintain a valid payment method on file. If payment is not received within fifteen (15) days of the invoice date, a late fee of five percent (5%) of the outstanding balance will be assessed. Late fees compound every fifteen (15) days thereafter. Failure of an End Client to remit payment to you does not absolve you of responsibility to make payment under this Agreement.
If payment is not received within thirty (30) days of the invoice date, WPConcierge may suspend services to any or all sites on your account. If payment is not received within forty-five (45) days, WPConcierge may terminate your account. WPConcierge is not responsible for any damages, lost revenue, or End Client claims arising from suspension or termination due to nonpayment.
You are responsible for collecting payment from your End Clients. WPConcierge does not bill End Clients and has no obligation to pursue payment from them.
5. Pricing Changes
WPConcierge may change its agency pricing with no less than sixty (60) days’ written notice. If a pricing change is unacceptable to you, you may terminate this Agreement without penalty by providing written notice before the new pricing takes effect. If you continue to use the services after the new pricing takes effect, you accept the new pricing.
6. Term and Termination
This Agreement begins on the date you first purchase agency hosting services and continues on a month-to-month basis unless a different term is specified in your Statement of Work.
Either party may terminate this Agreement for any reason with thirty (30) days’ written notice. If you terminate, you are responsible for payment through the end of the notice period. If a minimum term is specified in your Statement of Work and you terminate before the end of that term, an early termination fee of fifty percent (50%) of the remaining monthly fees for the balance of the term will apply.
WPConcierge may terminate this Agreement immediately, without notice, if you fail to pay amounts owed within forty-five (45) days, breach any material provision of this Agreement and fail to cure within fifteen (15) days of written notice, engage in fraudulent activity or deliberate misuse of the services, or violate any applicable law.
Upon termination for any reason other than fraud, legal violation, or deliberate misuse, WPConcierge will provide one complete data export per site (database dump, content directory including plugins, themes, and media) at no charge. Data will be retained for seven (7) days following the termination date. After that, data will be deleted. It is your responsibility to migrate your End Clients’ sites to another host within that period. WPConcierge has no obligation to host sites past the termination date, regardless of data retention for legal purposes.
7. Site Onboarding and Migration
When adding new End Client sites to your agency account, you represent and warrant that you have the End Client’s authorization to migrate the site and that you have the legal right to provide any content, databases, files, and credentials involved in the migration.
WPConcierge will make reasonable efforts to complete migrations in a timely manner, but does not guarantee specific migration timelines. Complex migrations involving large databases, custom server configurations, or nonstandard setups may require additional time and, in some cases, additional fees.
8. Your Plan and Resource Usage
Your agency account is subject to the resource usage, bandwidth, storage, and visitor count provisions of the Hosting Policy. These provisions apply per site. If an individual End Client site exceeds the resource thresholds described in the Hosting Policy, WPConcierge will notify you (not the End Client) and work with you to determine the appropriate plan adjustment.
WPConcierge does not permit the hosting of video or audio content on hosted sites without written permission, as described in the Hosting Policy.
9. Security
WPConcierge takes security seriously and will manage WordPress core, plugin, and theme updates; operate a web application firewall; perform automated malware scanning; and respond to security incidents in accordance with the Hosting Policy.
You agree that WPConcierge may perform updates at our discretion and on our timing, without prior approval from you or your End Clients. If an End Client requires a specific software version, you may submit the request and we will accommodate it if feasible, but security updates will not be delayed for compatibility concerns without a written exception.
You are responsible for ensuring that any users with administrative access to End Client sites use strong passwords. WPConcierge strongly recommends two-factor authentication for all administrator accounts. If a security breach is attributable to poor credential practices by you or your End Clients, malware removal fees of $250 per hour may apply per the Hosting Policy.
You will not take, or allow your End Clients to take, any action that imperils the security of hosted sites or WPConcierge’s infrastructure. Violation of security policies may result in immediate account termination, and may result in immediate deletion of data that is insecure or a threat to the operational integrity of WPConcierge’s core business.
10. Backups and Restores
WPConcierge performs automated backups of each hosted site on a schedule of no less than once per week and no more than once per day, retained for a minimum of thirty (30) days.
If a site is compromised, WPConcierge will restore the most recent clean backup. If no clean backup exists, we will perform manual malware removal or site rebuilding at our discretion. Costs for malware removal attributable to End Client or Agency negligence will be billed per the Hosting Policy.
11. Server Access
WPConcierge does not provide direct access to servers, containers, or the underlying infrastructure. SSH/SFTP access to the content directory may be provided upon request using public/private key authentication. WPConcierge will provide setup instructions.
You are responsible for managing file access permissions for your End Clients. If you provide SSH/SFTP credentials to an End Client, you accept responsibility for any actions taken through that access.
12. Support
Agency support is provided via email to support@wpconcierge.com. WPConcierge prioritizes issues based on severity and impact, with outages and security incidents taking precedence.
Your designated Agency contact(s) are the sole authorized points of contact for support requests. End Clients should not contact WPConcierge directly unless you have arranged otherwise in writing.
Phone support is limited to emergencies at WPConcierge’s discretion. WPConcierge will not participate in recurring calls or scheduled calls longer than fifteen (15) minutes more than once per month. Additional call time is billed at $250 per hour with a one-hour minimum.
13. Content License
To serve hosted sites, you grant WPConcierge a license to reproduce and distribute site content solely for the purpose of providing the services described in this Agreement, without geographic limitation. This license terminates upon account termination. WPConcierge claims no ownership of your content or your End Clients’ content.
You represent and warrant that you and your End Clients own or hold valid licenses for all content hosted on WPConcierge’s infrastructure, including themes, plugins, images, copy, and any other assets. You agree to indemnify and hold harmless WPConcierge from any claims, damages, or expenses arising from copyright infringement or unlicensed content hosted under your account.
WPConcierge will respond to valid DMCA takedown notices. If a takedown notice is received regarding content on a site under your account, WPConcierge will notify you and comply with applicable law. Repeated copyright violations may result in account termination.
14. Warranty Disclaimer
WPCONCIERGE PROVIDES ITS SERVICES “AS IS” AND “AS AVAILABLE.” WPCONCIERGE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WPCONCIERGE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
WPCONCIERGE DOES NOT WARRANT THE PERFORMANCE, COMPATIBILITY, OR FUNCTIONALITY OF ANY THIRD-PARTY SOFTWARE, INCLUDING WORDPRESS CORE, PLUGINS, OR THEMES. WPCONCIERGE IS NOT RESPONSIBLE FOR DEFECTS, DISRUPTIONS, OR DATA LOSS CAUSED BY THIRD-PARTY SOFTWARE.
15. Limitation of Liability
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST DATA, WORK STOPPAGE, OR TECHNOLOGY MALFUNCTION, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT WPCONCIERGE’S SERVICES ARE PROVIDED TO YOU, NOT TO YOUR END CLIENTS, AND THAT WPCONCIERGE HAS NO LIABILITY TO YOUR END CLIENTS UNDER ANY THEORY. YOU ARE SOLELY RESPONSIBLE FOR ANY COMMITMENTS, REPRESENTATIONS, OR WARRANTIES YOU MAKE TO YOUR END CLIENTS REGARDING HOSTING SERVICES, UPTIME, PERFORMANCE, OR SUPPORT.
16. Indemnification
You agree to indemnify, defend, and hold harmless WPConcierge, its owners, employees, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to: (a) your breach of this Agreement; (b) your relationship with your End Clients, including any representations or warranties you make to them; (c) content hosted under your account; (d) any violation of applicable law by you or your End Clients; or (e) any third-party claim related to the sites hosted under your account.
17. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, pandemics, internet outages, power failures, or failures of upstream infrastructure providers (including but not limited to Amazon Web Services, content delivery networks, and DNS providers).
18. Confidentiality
Each party agrees to keep confidential any proprietary or non-public information disclosed by the other party in connection with this Agreement, including pricing, infrastructure details, client lists, and business strategies. This obligation survives termination of this Agreement for a period of two (2) years.
WPConcierge will not disclose your End Client information to third parties except as required by law or as necessary to provide the services. You will not disclose WPConcierge’s infrastructure details, pricing structures, or internal processes to third parties without written permission.
19. Modification
WPConcierge may modify this Agreement with no less than thirty (30) days’ written notice. If a modification is unacceptable to you, you may terminate this Agreement without penalty by providing written notice before the modification takes effect. Continued use of the services after a modification takes effect constitutes acceptance.
20. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws provisions. Any dispute arising under or in connection with this Agreement shall be resolved in the state or federal courts located in Montgomery County, Maryland. Both parties consent to the personal jurisdiction of such courts.
Should either party be required to adjudicate this Agreement in court, the prevailing party shall be entitled to recovery of costs and reasonable attorney’s fees. Under no theory or cause of action shall WPConcierge be liable for more than the previous six months’ of fees paid by the Agency under this agreement.
21. Notices
All notices under this Agreement shall be in writing and sent to the email address on file for each party. Notices are deemed received upon confirmed delivery. Either party may update its contact information by providing written notice to the other party.
22. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
23. Assignment
You may not assign or transfer this Agreement or any rights under it without WPConcierge’s prior written consent. WPConcierge may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets.
24. Entire Agreement
This Agreement, together with any Statement of Work, order form, and the Hosting Policy, constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings, whether written or oral.
Last updated March 16, 2026.
These Agency Terms of Service (“Agreement”) govern the relationship between Tailwinds Networks LLC d/b/a WPConcierge (“WPConcierge,” “we,” “us”) and the agency, designer, developer, or other service provider (“Agency,” “you”) that purchases managed WordPress hosting services from WPConcierge for resale to or use on behalf of the Agency’s own clients (“End Clients”). By purchasing or using WPConcierge’s agency hosting services, you agree to be bound by this Agreement.
This Agreement, together with any Statement of Work or order form executed by both parties and the Hosting Policy incorporated by reference, constitutes the entire agreement between the parties. In the event of a conflict between this Agreement and the Hosting Policy, this Agreement controls.
1. Services
WPConcierge provides managed WordPress hosting on our infrastructure. Agency services include provisioning, system management, content delivery network optimization, web application firewall, automated backups, WordPress core and plugin update management, uptime monitoring, incident response and other services described in the Hosting Policy.
WPConcierge hosts WordPress sites. We do not build websites, perform design work, write copy, manage SEO campaigns, or provide development services under this Agreement. Any such work, if requested and agreed to, will be scoped and priced separately.
2. The Agency Relationship
You are purchasing hosting services from WPConcierge to serve your End Clients. You are our client. Your End Clients are not our clients. The contractual relationship is between WPConcierge and the Agency, and between the Agency and its End Clients. WPConcierge has no direct contractual obligation to your End Clients.
You are solely responsible for your relationship with your End Clients, including setting your own pricing, defining your own service level commitments, managing End Client expectations, and handling End Client support inquiries falling out of scope of this Agreement. You may route technical hosting issues to WPConcierge through your designated Agency contact, but WPConcierge will not communicate directly with your End Clients unless you explicitly authorize us to do so in writing.
You represent and warrant that you have the authority to act on behalf of your End Clients with respect to the hosting services provided under this Agreement, including the authority to authorize site migrations, software updates, malware removal, and account termination.
3. White-Label Branding
WPConcierge will not identify itself to your End Clients if you so choose. We will not place WPConcierge branding on sites hosted under your agency account, contact your End Clients directly, or market our services to your End Clients.
You may present the hosting services to your End Clients under your own brand. You may not, however, misrepresent the nature of the services — for example, by claiming to own or operate the underlying infrastructure.
4. Pricing and Payment
Agency pricing is based on the number of sites under management and is set forth in your Statement of Work or order form. Per-site rates will be specified in the Statement of Work or order form and may change pursuant to this Agreement.
WPConcierge bills monthly. Payment is due upon receipt of invoice. You agree to maintain a valid payment method on file. If payment is not received within fifteen (15) days of the invoice date, a late fee of five percent (5%) of the outstanding balance will be assessed. Late fees compound every fifteen (15) days thereafter. Failure of an End Client to remit payment to you does not absolve you of responsibility to make payment under this Agreement.
If payment is not received within thirty (30) days of the invoice date, WPConcierge may suspend services to any or all sites on your account. If payment is not received within forty-five (45) days, WPConcierge may terminate your account. WPConcierge is not responsible for any damages, lost revenue, or End Client claims arising from suspension or termination due to nonpayment.
You are responsible for collecting payment from your End Clients. WPConcierge does not bill End Clients and has no obligation to pursue payment from them.
5. Pricing Changes
WPConcierge may change its agency pricing with no less than sixty (60) days’ written notice. If a pricing change is unacceptable to you, you may terminate this Agreement without penalty by providing written notice before the new pricing takes effect. If you continue to use the services after the new pricing takes effect, you accept the new pricing.
6. Term and Termination
This Agreement begins on the date you first purchase agency hosting services and continues on a month-to-month basis unless a different term is specified in your Statement of Work.
Either party may terminate this Agreement for any reason with thirty (30) days’ written notice. If you terminate, you are responsible for payment through the end of the notice period. If a minimum term is specified in your Statement of Work and you terminate before the end of that term, an early termination fee of fifty percent (50%) of the remaining monthly fees for the balance of the term will apply.
WPConcierge may terminate this Agreement immediately, without notice, if you fail to pay amounts owed within forty-five (45) days, breach any material provision of this Agreement and fail to cure within fifteen (15) days of written notice, engage in fraudulent activity or deliberate misuse of the services, or violate any applicable law.
Upon termination for any reason other than fraud, legal violation, or deliberate misuse, WPConcierge will provide one complete data export per site (database dump, content directory including plugins, themes, and media) at no charge. Data will be retained for seven (7) days following the termination date. After that, data will be deleted. It is your responsibility to migrate your End Clients’ sites to another host within that period. WPConcierge has no obligation to host sites past the termination date, regardless of data retention for legal purposes.
7. Site Onboarding and Migration
When adding new End Client sites to your agency account, you represent and warrant that you have the End Client’s authorization to migrate the site and that you have the legal right to provide any content, databases, files, and credentials involved in the migration.
WPConcierge will make reasonable efforts to complete migrations in a timely manner, but does not guarantee specific migration timelines. Complex migrations involving large databases, custom server configurations, or nonstandard setups may require additional time and, in some cases, additional fees.
8. Your Plan and Resource Usage
Your agency account is subject to the resource usage, bandwidth, storage, and visitor count provisions of the Hosting Policy. These provisions apply per site. If an individual End Client site exceeds the resource thresholds described in the Hosting Policy, WPConcierge will notify you (not the End Client) and work with you to determine the appropriate plan adjustment.
WPConcierge does not permit the hosting of video or audio content on hosted sites without written permission, as described in the Hosting Policy.
9. Security
WPConcierge takes security seriously and will manage WordPress core, plugin, and theme updates; operate a web application firewall; perform automated malware scanning; and respond to security incidents in accordance with the Hosting Policy.
You agree that WPConcierge may perform updates at our discretion and on our timing, without prior approval from you or your End Clients. If an End Client requires a specific software version, you may submit the request and we will accommodate it if feasible, but security updates will not be delayed for compatibility concerns without a written exception.
You are responsible for ensuring that any users with administrative access to End Client sites use strong passwords. WPConcierge strongly recommends two-factor authentication for all administrator accounts. If a security breach is attributable to poor credential practices by you or your End Clients, malware removal fees of $250 per hour may apply per the Hosting Policy.
You will not take, or allow your End Clients to take, any action that imperils the security of hosted sites or WPConcierge’s infrastructure. Violation of security policies may result in immediate account termination, and may result in immediate deletion of data that is insecure or a threat to the operational integrity of WPConcierge’s core business.
10. Backups and Restores
WPConcierge performs automated backups of each hosted site on a schedule of no less than once per week and no more than once per day, retained for a minimum of thirty (30) days.
If a site is compromised, WPConcierge will restore the most recent clean backup. If no clean backup exists, we will perform manual malware removal or site rebuilding at our discretion. Costs for malware removal attributable to End Client or Agency negligence will be billed per the Hosting Policy.
11. Server Access
WPConcierge does not provide direct access to servers, containers, or the underlying infrastructure. SSH/SFTP access to the content directory may be provided upon request using public/private key authentication. WPConcierge will provide setup instructions.
You are responsible for managing file access permissions for your End Clients. If you provide SSH/SFTP credentials to an End Client, you accept responsibility for any actions taken through that access.
12. Support
Agency support is provided via email to support@wpconcierge.com. WPConcierge prioritizes issues based on severity and impact, with outages and security incidents taking precedence.
Your designated Agency contact(s) are the sole authorized points of contact for support requests. End Clients should not contact WPConcierge directly unless you have arranged otherwise in writing.
Phone support is limited to emergencies at WPConcierge’s discretion. WPConcierge will not participate in recurring calls or scheduled calls longer than fifteen (15) minutes more than once per month. Additional call time is billed at $250 per hour with a one-hour minimum.
13. Content License
To serve hosted sites, you grant WPConcierge a license to reproduce and distribute site content solely for the purpose of providing the services described in this Agreement, without geographic limitation. This license terminates upon account termination. WPConcierge claims no ownership of your content or your End Clients’ content.
You represent and warrant that you and your End Clients own or hold valid licenses for all content hosted on WPConcierge’s infrastructure, including themes, plugins, images, copy, and any other assets. You agree to indemnify and hold harmless WPConcierge from any claims, damages, or expenses arising from copyright infringement or unlicensed content hosted under your account.
WPConcierge will respond to valid DMCA takedown notices. If a takedown notice is received regarding content on a site under your account, WPConcierge will notify you and comply with applicable law. Repeated copyright violations may result in account termination.
14. Warranty Disclaimer
WPCONCIERGE PROVIDES ITS SERVICES “AS IS” AND “AS AVAILABLE.” WPCONCIERGE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WPCONCIERGE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
WPCONCIERGE DOES NOT WARRANT THE PERFORMANCE, COMPATIBILITY, OR FUNCTIONALITY OF ANY THIRD-PARTY SOFTWARE, INCLUDING WORDPRESS CORE, PLUGINS, OR THEMES. WPCONCIERGE IS NOT RESPONSIBLE FOR DEFECTS, DISRUPTIONS, OR DATA LOSS CAUSED BY THIRD-PARTY SOFTWARE.
15. Limitation of Liability
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST DATA, WORK STOPPAGE, OR TECHNOLOGY MALFUNCTION, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT WPCONCIERGE’S SERVICES ARE PROVIDED TO YOU, NOT TO YOUR END CLIENTS, AND THAT WPCONCIERGE HAS NO LIABILITY TO YOUR END CLIENTS UNDER ANY THEORY. YOU ARE SOLELY RESPONSIBLE FOR ANY COMMITMENTS, REPRESENTATIONS, OR WARRANTIES YOU MAKE TO YOUR END CLIENTS REGARDING HOSTING SERVICES, UPTIME, PERFORMANCE, OR SUPPORT.
16. Indemnification
You agree to indemnify, defend, and hold harmless WPConcierge, its owners, employees, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to: (a) your breach of this Agreement; (b) your relationship with your End Clients, including any representations or warranties you make to them; (c) content hosted under your account; (d) any violation of applicable law by you or your End Clients; or (e) any third-party claim related to the sites hosted under your account.
17. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, pandemics, internet outages, power failures, or failures of upstream infrastructure providers (including but not limited to Amazon Web Services, content delivery networks, and DNS providers).
18. Confidentiality
Each party agrees to keep confidential any proprietary or non-public information disclosed by the other party in connection with this Agreement, including pricing, infrastructure details, client lists, and business strategies. This obligation survives termination of this Agreement for a period of two (2) years.
WPConcierge will not disclose your End Client information to third parties except as required by law or as necessary to provide the services. You will not disclose WPConcierge’s infrastructure details, pricing structures, or internal processes to third parties without written permission.
19. Modification
WPConcierge may modify this Agreement with no less than thirty (30) days’ written notice. If a modification is unacceptable to you, you may terminate this Agreement without penalty by providing written notice before the modification takes effect. Continued use of the services after a modification takes effect constitutes acceptance.
20. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws provisions. Any dispute arising under or in connection with this Agreement shall be resolved in the state or federal courts located in Montgomery County, Maryland. Both parties consent to the personal jurisdiction of such courts.
Should either party be required to adjudicate this Agreement in court, the prevailing party shall be entitled to recovery of costs and reasonable attorney’s fees. Under no theory or cause of action shall WPConcierge be liable for more than the previous six months’ of fees paid by the Agency under this agreement.
21. Notices
All notices under this Agreement shall be in writing and sent to the email address on file for each party. Notices are deemed received upon confirmed delivery. Either party may update its contact information by providing written notice to the other party.
22. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
23. Assignment
You may not assign or transfer this Agreement or any rights under it without WPConcierge’s prior written consent. WPConcierge may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets.
24. Entire Agreement
This Agreement, together with any Statement of Work, order form, and the Hosting Policy, constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings, whether written or oral.