Terms and Conditions

Web Development Services, Digital Products & Analytics Subscriptions

1. Definitions

Developer refers to Benj (BenjDZN) as the service provider. Client refers solely to the individual or legal entity that has entered into this Agreement by paying the Developer's invoice. Authorized Representatives are individuals who are formally appointed by the Client to communicate or make decisions on the Client's behalf. Third Parties (such as business partners, staff, or collaborators) are not considered Clients and do not obtain rights under this Agreement unless expressly authorized in writing by both the Client and the Developer.

2. Rights

All services provided by the Developer are for the exclusive use of the Client, with the exception of the Developer's promotional use (e.g., portfolio, case studies, marketing). Upon receipt of full payment, the Client is granted full rights to the final approved website files and documents. The Client may use these files only for the original intended project. The Client may not resell, redistribute, sublicense, share, or otherwise allow the use of these files by third parties without the Developer's written permission.

3. Ownership

Full ownership of the final website files and documents passes to the Client once full payment has been received. The Developer retains ownership of all preliminary drafts, working files, source code libraries, and proprietary tools not explicitly included in the final deliverables. The Developer is not responsible for maintaining, storing, or backing up files after delivery of the final project.

4. Branding

The Developer's branding (such as a "Site by BenjDZN" credit) must remain visible on the Client's website at all times unless the Client has paid a removal fee or received written approval from the Developer. Unauthorized removal of the Developer's branding will result in termination of the contract without refund.

5. Communication

The Developer is available for communication via the following channels: Email, Discord, Client Dashboard.

6. Refunds

Payments are non-refundable unless explicitly stated otherwise by the Developer in writing.

7. Support

The Developer will provide up to 30 days of complimentary support following the project's completion to address technical issues or bugs directly related to the delivered work. Additional support, maintenance, or updates beyond this period may be offered under a separate agreement.

8. Payment

The Client must provide full payment upfront before the commencement of any work. The project will not begin until payment has been received in full. By submitting payment, the Client confirms acceptance of these Terms and Conditions in their entirety.

9. Confidentiality

If any material, data, or aspect of the project must remain confidential, the Client is required to notify the Developer in writing before work begins.

10. Indemnity

The Client agrees to indemnify and hold harmless the Developer against any and all claims, damages, liabilities, or expenses (including reasonable legal fees) that arise from the Client's use or misuse of the website or delivered files.

11. Digital Product Purchases

In addition to custom web development services, the Developer offers digital products for purchase through the online shop, including but not limited to themes, plugins, templates, and design assets (collectively "Products"). Digital product purchases are distinct from custom development services and are governed by the additional terms outlined in this section and in the Shop Terms.

Digital products are delivered immediately upon successful payment via download links accessible through the client portal. All sales of digital products are final. Refunds are only available in limited circumstances as outlined in the Refund Policy.

12. Product Licensing

When you purchase a digital product, you receive a non-exclusive, non-transferable, perpetual license to use that product on a single domain or installation. The specific terms of each product license are detailed in the Shop Terms. Key licensing restrictions include:

  • Single Domain Use: Each license permits installation on one domain only. Multi-domain use requires additional licenses.
  • No Redistribution: You may not resell, share, redistribute, sublicense, or otherwise make the product available to third parties.
  • Domain Transfer: You may transfer your license to a different domain by notifying the Developer through the client portal.
  • Modifications: You may modify products for your own use but may not redistribute modified versions.
  • Support Period: Product purchases include 30 days of technical support via the client portal for installation and configuration assistance.
  • Updates: Free updates are provided for minor version releases (e.g., 1.x updates). Major version upgrades (e.g., 2.0) may be offered as paid upgrades.

Violation of license terms may result in immediate license revocation without refund and termination of portal access.

13. Analytics Subscriptions

The Developer offers analytics dashboard subscriptions as optional add-ons to digital product purchases. Analytics subscriptions are billed monthly on a recurring basis via PayPal and include the following terms:

Billing & Auto-Renewal

  • Subscriptions auto-renew monthly until cancelled.
  • Billing occurs at the beginning of each monthly period.
  • You authorize recurring charges to your PayPal account.
  • Subscription prices are subject to change with 30 days' notice.

Cancellation

  • Cancel anytime through your PayPal subscription settings.
  • Cancellation becomes effective at the end of the current billing period.
  • No pro-rated refunds are offered for partial billing periods.
  • Analytics dashboard access remains active through the end of the paid period.

Payment Failures

  • If a payment fails, PayPal will retry up to 3 times.
  • After payment failure, you receive a 7-day grace period to update payment information.
  • During the grace period, analytics tracking and dashboard access remain active.
  • If payment is not received within the grace period, your subscription will be suspended.

Usage Limits

  • Each subscription tier includes a monthly pageview limit.
  • When you reach 80% of your limit, you will receive a warning notification.
  • When you reach 100% of your limit, tracking continues with a 10% grace allowance (up to 110% of limit).
  • If usage exceeds 110% of your limit, tracking will be blocked until the next billing cycle.
  • No overage charges are applied. Tracking automatically resumes at the start of each new billing period.

Service Suspension

If your subscription is suspended due to payment failure, analytics tracking and dashboard access will be revoked after the grace period expires. You may reactivate your subscription by updating payment information and subscribing again. Historical analytics data is retained for 30 days after suspension.

Detailed analytics terms, data privacy, and acceptable use policies are available in the Privacy Policy and Acceptable Use Policy.

14. Client Portal Access

Upon completing a purchase (either custom development service or digital product), a client portal account is automatically created using your email address. The client portal provides access to:

  • Download links for purchased digital products and product updates
  • Order history and purchase receipts
  • License key management and validation
  • Analytics dashboards (for active subscriptions)
  • Support messaging and communication with the Developer
  • Subscription management and billing information

Login Method: Portal access uses a passwordless login system. A one-time verification code is sent to your email address each time you log in. Codes expire after 15 minutes.

Account Termination: The Developer reserves the right to suspend or terminate portal access for violations of the Acceptable Use Policy, fraudulent activity, chargebacks, or license misuse. Termination of portal access does not constitute a refund.

15. No Third-Party Rights

Rights under this Agreement apply solely to the Client as defined in Section 1. Collaborators, business partners, staff members, or other individuals who had access to project files during development do not acquire ownership or usage rights unless expressly granted in writing by the Developer.

16. Agreement

An invoice containing these Terms and Conditions will be supplied via PayPal (or equivalent). Payment of the invoice constitutes full acceptance of these Terms and Conditions.

Last Updated: April 2, 2026