Terms of Service

Web Magic Studio LLC

Last updated: September 26, 2026

Agreement to these terms
What these terms cover
Services I provide
Studio Care plans
Software licenses included with your plan
Hosting
Domains, DNS, and Cloudflare
Project work and hourly work
SEO and audit services
Your responsibilities
Billing and payment
Cancellation and offboarding
Acceptable use
Security requirements
Intellectual property
Copyright complaints and DMCA notices
Confidentiality
Third-party services
How support works
Disclaimers
Limitation of liability
Indemnification
Changes to these terms
Governing law and disputes
General provisions
Contact

1. Agreement to these terms

1.1 These terms govern your use of webmagic.studio and your use of any service provided by Web Magic Studio LLC (“Web Magic Studio,” “the studio,” “I,” “me,” or “my”). Web Magic Studio LLC is a Wisconsin limited liability company owned and operated by Scott Thomason.

1.2 By using this website, or by purchasing or using any of my services, you agree to these terms. If you don’t agree, don’t use the site or the services.

1.3 Other documents may apply to you as well:

A written proposal, quote, or statement of work for project work
The Care Plan and Hosting Service Agreement, if you’re on a Studio Care plan
My Privacy Policy, which covers how I handle personal information

1.4 If one of those documents conflicts with these terms, the more specific document wins for the subject it covers. These terms fill in everything it doesn’t address.

2. What these terms cover

2.1 The website. Everything on webmagic.studio (text, layout, code, images, and the free tools and audits offered there) is © 2017–2026 Web Magic Studio LLC unless credited otherwise. You’re welcome to read it, link to it, and quote reasonable portions with attribution. You may not copy it wholesale, republish it, or pass it off as your own.

The name Web Magic Studio and my logo are my trademarks. They aren’t registered and don’t need to be. What I’d object to is someone using either one in a way that suggests I built, endorsed, or had anything to do with something I didn’t.

2.2 Using the website. Read it, use the forms, request an audit. What you agree not to do:

Impersonate me, or misrepresent your connection to the studio
Probe, scan, or attempt to gain unauthorized access to the site or the servers behind it
Attack the site, overload it, or interfere with anyone else’s use of it
Hit the site with automated requests heavy enough to degrade it for other visitors
Upload or transmit anything malicious — a virus, a worm, or any code or routine meant to interfere with how the site works
Use the site to send advertising, or to collect addresses for it
Use it in any way that breaks the law
Otherwise interfere with the site working the way it’s supposed to

Automated access itself is fine. Search engines and AI assistants are welcome to read this site, and I’d rather they did. What 2.1 prohibits is taking the content and republishing it as your own.

2.3 The services. Everything described in Section 3, performed for clients. These terms cover that work as well as the website itself.

2.4 Free offers. The free website audit and any other no-cost tool or report is offered as-is, with no obligation on either side. A free audit is a starting point, not a commitment to fix anything, and it doesn’t create a client relationship on its own.

2.5 Mistakes on the site. I try to keep everything here accurate and current, and sometimes I fail. Prices, feature lists, availability, specifications, and anything else on this site can be wrong, out of date, or incomplete. An error doesn’t obligate me to honor it, and I’ll correct one when I find it.

What this doesn’t do is let me change a deal we’ve already made. A rate or a scope you’ve agreed to — in a signed service agreement, an accepted quote, or an invoice you’ve paid — is what it is, and nothing on this page reaches backward to alter it. This clause covers honest mistakes on a webpage, not second thoughts about a price I already gave you.

If something looks off, ask before you rely on it. I’d rather answer the question than argue about it later.

3. Services I provide

3.1 Web Magic Studio provides:

WordPress website design and development
Managed hosting on infrastructure I rent and administer directly
Ongoing maintenance, security, and support through Studio Care plans
Website audits covering security, performance, and technical SEO
SEO consulting and optimization work
Hourly development and support work outside of plan coverage

3.2 I’m one person. That’s the point of the studio, and it’s also a real constraint. I don’t subcontract client work to third parties without telling you first, and I don’t take on more clients than I can support properly.

3.3 What I don’t do by default. Unless a written agreement says otherwise, my services don’t include:

Writing your content or copy
Logo design or brand identity work
Legal, tax, or accounting advice, including advice on accessibility law, privacy law, or industry compliance
Guaranteed search rankings, traffic, revenue, or conversion outcomes

3.4 Planned absences. As a one-person studio, I take time off. I’ll give you advance notice of planned absences that fall outside normal weekends and holidays, and I’ll tell you what coverage looks like while I’m out. Automated monitoring, backups, security scanning, and edge protection keep running regardless.

3.5 If something happens to me. The fair question about a one-person studio is what happens if that person is suddenly unavailable. Here’s the honest answer.

I don’t have another developer standing by to take over my clients. What I do have is a written plan, left with someone I trust, for what happens if I can’t work: you’ll be told, and your backups and site files will be released to you or to whoever you choose. Beyond that, three things are true by design and don’t depend on me being reachable:

Your domain is registered in your name, at your registrar, under your control. Nothing about a move requires my cooperation or a code from me.
Your backups are stored off-site and can be released to you or your representative.
Your site runs on standard WordPress. No proprietary platform, no custom framework only I understand. Any competent WordPress developer can pick it up.

You are never locked in to me, including if I die or become unable to work.

4. Studio Care plans

4.1 Plans and pricing. Studio Care is offered in four tiers — Starter, Standard, Plus, and Premium. Current pricing, and the full list of what each tier includes, is on the pricing page at www.webmagic.studio/wordpress-maintenance-plans/. That page is part of these terms.

4.2 Hosting is included. Every Studio Care tier includes hosting. Care plans are not offered as maintenance-only on hosting I don’t control, because most of what I’m promising (backups, recovery, performance, edge security) depends on the server underneath.

4.3 One website per plan. Each plan covers one WordPress installation serving one primary hostname — www.example.com, for instance.

A hostname is the whole address, not just the registered domain. www.example.com and support.example.com share the domain example.com, but they’re two separate websites, and two separate websites need two plans.

Additional hostnames that redirect to your primary hostname are included at no charge. That covers the bare domain pointing at www, a misspelling you bought defensively, or an old domain from a previous business name.

Copies of your site. Two different questions here, and they have different answers.

Whether I make copies for you depends on your tier. Temporary clone sites for testing, training, and QA are a feature of some plans and not others, and Premium includes a permanent one. The pricing page says which.

Whether a copy needs its own plan doesn’t depend on your tier. It doesn’t. A genuine copy of the site your plan covers isn’t a second website, however it got there and whoever made it. What it has to be is an actual copy — kept out of search engines, not serving real visitors, not transacting business. A “staging site” that’s actually a second live website is a second website and needs its own plan.

Either way, disk used by copies counts toward your storage allocation under Section 4.8. That’s deliberate. Copies are cheap to make and easy to forget, and counting them is what keeps a forgotten clone from quietly becoming my problem instead of a housekeeping task.

4.4 Included monthly time. Plans above Starter include a set amount of my time each month for content changes or development, as listed on the pricing page. That time:

Is measured in the month it’s included and does not roll over
Cannot be traded for a discount, banked, or cashed out
Is tracked in one-tenth hour (six-minute) increments
Applies to work I perform, including the time spent discussing, scoping, or testing it

Work beyond your included time is billed at my standard hourly rate.

What your plan already covers doesn’t touch that time. Updates, backups, restores, spinning up a staging copy, monitoring, malware scanning, security response, health checks — that work is what the monthly fee buys. Billing it against your included time would be charging you twice for the same thing. Your included time is for work you ask me for that isn’t already part of the plan.

The exception is cleanup after something you changed. If a restore is needed because of a plugin you installed or an update you ran yourself, the work of putting it right comes out of your included time first and is billable after that, per Sections 10.1 and 10.2.

4.5 Response times. Each tier carries a response target, listed on the pricing page. A response target is a commitment to respond, not a commitment to resolve. Complex problems take as long as they take, and I’d rather tell you that honestly than promise a fix window I can’t hold.

4.6 Emergencies. A site that is down, hacked, or actively losing data gets worked on immediately, regardless of your tier and regardless of the hour, if I’m reachable. Everything else waits for the queue.

4.7 Changes to plan features. The tools, vendors, and techniques behind these plans change. I may add, remove, substitute, or restructure what a plan includes. Usually that means swapping a tool for a comparable one. Sometimes it means dropping a feature altogether, because it stopped being worth its cost, its risk, or its maintenance burden, and replacing something with a worse version of itself helps nobody.

If a change materially reduces what your plan includes, I’ll tell you at least 30 days before it takes effect, and I’ll tell you why.

If the changed plan isn’t what you signed up for, cancel under Section 12. Refunds work the same way they always do — whole calendar months, calculated under Section 12.2 or 12.3. Nothing here is prorated by the day.

4.8 Disk storage. Each plan includes a disk storage allocation. Current allocations are on the pricing page.

Traffic isn’t metered. I don’t count bandwidth, visits, page views, or requests, and there’s no overage charge for a busy month. If your site has a good month, that’s good news, not an invoice. The only limit on it is Section 13.2, and that’s about sustained load on shared infrastructure, not about you being popular.

What counts toward your allocation. Everything under your webroot plus your database, for your site and for any copies of it — staging, testing, training, QA. One thing worth knowing because it surprises people: wp-content/debug.log sits inside the webroot, so a debug log left running counts against you. If you’ve turned one on and forgotten it, ask me and I’ll clear it.

What doesn’t count. Off-site backups, server and container snapshots, and media you host on external object storage. Server-level log files don’t count either — your web server, PHP, and control-panel logs all live outside your webroot, and how large they get is my housekeeping problem, not your allocation. Your backups live on separate infrastructure I pay for, and however many copies of your site I’m keeping is likewise my problem.

How it’s measured. Once a month, on the 1st. Not continuously, and not at your busiest moment.

If you go over:

Your site stays online. I don’t take a website down over disk space.
I’ll tell you before anything is billed. No surprise line item.
Storage beyond your allocation is added in 10 GB blocks at $1 per GB per month — $10 per block, per month, for as long as you need it
If overages become routine, I’ll recommend the tier that’s actually cheaper for you rather than quietly billing the difference month after month

5. Software licenses included with your plan

This is the part most maintenance providers handle badly, so I’d rather be precise.

5.1 What’s included. Studio Care plans include commercial licenses for premium plugins and services that I purchase and pay for. Which ones depends on your tier; the current list is on the pricing page.

5.2 They’re licensed to me, not sold to you. I hold those licenses. They’re part of the service you’re paying for, in the same way a mechanic’s diagnostic software is part of the repair, not a product you’re buying. Specifically:

I don’t transfer, resell, or share license keys
Your access to that software runs through my license and my administration of your site
When your plan ends, so does that software’s licensed status on your site

5.3 What happens at the end. If your plan ends, the plugins stay installed and your site keeps working, but they stop receiving updates and support through my license. You can buy your own license for any of them at any time. I’ll tell you which ones matter and which ones you can safely drop.

5.4 Licenses you already own. If you own a license outright — a lifetime license, or a multi-year purchase — I’ll honor and manage it for as long as it’s valid. Renewals and new licenses purchased on your behalf are billed at cost plus a 20% handling fee, which covers purchasing, key management, renewal tracking, and installation.

5.5 Substitutions and discontinued tools. Vendors get acquired, change pricing, or ship something worse. Two things can happen:

I may replace a tool with a comparable one. You get equivalent functionality under a different name.
I may stop offering a tool’s functionality altogether. Sometimes a feature stops being worth its cost, its risk, or its maintenance burden, and the honest answer is to drop it rather than replace it.

Either way I’ll tell you what changed and why. A material reduction gets the 30 days’ notice and the cancellation refund described in Section 4.7.

6. Hosting

6.1 The infrastructure. Sites are hosted on dedicated servers I rent and administer personally, fronted by Cloudflare. I don’t resell someone else’s shared hosting panel. Which server your site runs on is my decision, and I may move it between machines I control for capacity, performance, or maintenance reasons. Moves are done without downtime where possible, and I’ll tell you when one is planned.

6.2 Uptime. I target 99.9% monthly uptime, measured as the availability of your site’s origin server. Time does not count against that target when the cause is:

Scheduled maintenance announced at least 24 hours in advance
Failure of an upstream provider (data center, network carrier, Cloudflare, DNS, your domain registrar)
Code, plugins, themes, or configuration changes you or a third party introduced
Denial-of-service attacks or other malicious traffic
Suspension under Section 11.3 or Section 13
Events outside my reasonable control, as described in Section 25.5

6.3 If I miss it. If your site’s uptime falls below the target in a given month for reasons within my control, tell me within 30 days and I’ll credit 10% of that month’s plan fee to your next invoice. The credit is the remedy. I don’t offer refunds, damages, or compensation for lost business resulting from downtime, and Section 21 applies.

6.4 Backups. Backup frequency, retention, and restore procedure vary by tier; see the pricing page. Backups are stored off-site.

6.5 Your own backups. I take backups seriously and I test them. You should still keep your own copy of anything you can’t afford to lose. Ask and I’ll give you a full export at any time, no charge.

6.6 Email. Studio Care includes a transactional email service so that mail your website generates — contact forms, receipts, password resets, order notifications — actually reaches the inbox. Two things it is not. It’s not email hosting: I don’t host mailboxes, and your name@yourdomain.com email stays with whoever provides it now. And it’s not a bulk sending service; Section 13.4 covers what can and can’t go through it.

6.7 What I need access to. Managed hosting means I hold administrative access to your site and server. I’ll use it to do the work you’re paying for, and for nothing else.

7. Domains, DNS, and Cloudflare

7.1 What has to happen. Every site I host sits behind Cloudflare. That’s where the firewall, the CDN, and the DDoS protection live. For any of it to work, your domain’s nameservers have to point at Cloudflare.

7.2 Your domain stays yours. Registration stays where it is now, in your name, under your account, at your registrar. Pointing nameservers at Cloudflare changes where DNS is answered, not who owns the domain. Nobody transfers anything and nothing about your registrar account changes.

7.3 I hold the Cloudflare zone. Your DNS zone lives in a Cloudflare account I control, and I manage the records. Three reasons:

The Cloudflare Pro subscription that provides your firewall and CDN is one of the licenses described in Section 5. I pay for it, so it sits in my account with my billing.
A downgrade to Cloudflare’s free tier silently removes protections your plan is paying for. Keeping the plan level under my control is the only way to guarantee it stays where it should be.
DNS records break quietly. Mail authentication, domain verification, and the proxy configuration are easy to disturb by accident, and the symptom usually shows up days later as mail not arriving.

7.4 Which means DNS requests come to me. You won’t have a Cloudflare login, so adding an MX record for a new mail provider, a TXT record for a verification, or a subdomain for a third-party tool means sending me a message. In exchange I commit to handling routine DNS requests by the end of the next business day, and faster than that when something’s broken. Most of the time it’s the same day. If a DNS request sits past that window without a response, that’s a failure on my part and you should push.

7.5 You can still leave in an afternoon. This is the part that matters, and it’s why holding the zone doesn’t lock you in. Because registration stays at your registrar in your name, you can point your nameservers anywhere you like, at any time, without my cooperation, my approval, or a code from me. On request I’ll export your complete zone file so a new provider can recreate every record without guesswork. There’s nothing here I could hold hostage even if I wanted to.

7.6 When your plan ends. Your zone leaves my Cloudflare account, and the Pro-level protection ends with it, consistent with Section 5.3. Your zone records come to you as part of the exit package in Section 12.4, and you can create your own Cloudflare account and import them or point DNS wherever you prefer.

7.7 Keep your registrar account. Registration, renewal, and ownership stay yours. Keep the login, keep the renewal date on your calendar, and keep the contact email current. An expired domain takes a site down no matter how well the hosting is running, and it’s the one failure I can’t fix from my side.

7.8 If your domain is registered at Cloudflare. Cloudflare’s own registrar requires the domain and its DNS zone to sit in the same Cloudflare account. That makes Section 7.3 impossible as written: the zone can’t move to my account while the registration stays in yours. If you’re in that situation, we have two options and you pick:

Move the registration to another registrar. It stays in your name, under your account, and the zone comes to me. This keeps everything in this section true as written.
Keep it where it is and add me as an administrator on your Cloudflare account, per Section 7.9.

7.9 If this arrangement doesn’t work for you. Some organizations require DNS to stay in an account they own, usually because of an in-house IT policy. Tell me before onboarding. The alternative is that you keep the account and add me as a full administrator, which lets me do the work but leaves the plan level and the security configuration changeable from your side. Two consequences you should know about:

Cloudflare Pro on your own account is billed to you, not included in your plan under Section 5
If the plan level or the security configuration is changed without me, the protections your Studio Care plan is paying for stop being protections, and Section 14.1 applies

It’s not my preferred setup and it changes what I can guarantee, but it’s a conversation, not a refusal.

8. Project work and hourly work

8.1 Quotes and scope. Project work is quoted in writing before it starts, based on a defined scope. Requests that fall outside that scope are quoted separately or billed hourly.

8.2 Hourly rate. Work outside of a fixed quote or plan coverage is billed at my standard hourly rate, currently $150 per hour, in one-tenth hour (six-minute) increments.

8.3 Payment schedule. Fixed-scope projects are billed in three parts:

35% due before work begins
35% on first presentation of a substantially complete prototype
30% on project acceptance

8.4 Your part of the schedule. Projects need content, feedback, and approvals from you. If I’m waiting on you for more than 30 days, I may pause the project and reschedule it around other work. Restarting a paused project may require a revised timeline.

8.5 Acceptance. You’re responsible for reviewing work before it goes live.

Acceptance can be given in writing or by email. A short message is fine; nothing formal is required.
Acceptance may not be unreasonably withheld. If the work meets the agreed scope, “I haven’t gotten to it” isn’t a reason to hold the final payment indefinitely.
If I ask you to review completed work and hear nothing for 10 business days, the work is treated as accepted.
Once work is accepted, further changes are new work.

8.6 Warranty. I warrant that the functionality I build will work as specified for 30 days from the date of acceptance. If something I built breaks in that window, I’ll fix it at no charge. The warranty doesn’t cover:

Changes made by you or a third party
Breakage caused by a plugin, theme, or service update outside my control, unless you’re on a care plan that covers it
New features, design changes, or scope you thought of after acceptance
Content errors in material you supplied

8.7 Third-party purchases. Domains, premium plugins, stock imagery, fonts, and third-party services bought for your project are billed to you at cost plus a 20% handling fee unless the quote says they’re included.

9. SEO and audit services

9.1 The free audit. The free website audit covers three areas: security, performance, and technical SEO. Security and performance are worth checking on their own merits, and they happen to be foundations that SEO depends on. The free audit tells you that something is wrong. It’s a problem list, not a plan.

9.2 The paid SEO audit. The paid audit tells you what to do about it — documented, prioritized findings and a remediation plan you own and can hand to any developer.

9.3 Audits are advisory. A paid audit is a diagnosis, not a repair. Implementing its recommendations is separate work, quoted after the audit, when I know what’s actually involved.

9.4 Content stays with you. For ongoing SEO work, you write the content and I direct and optimize it. That boundary is deliberate. It’s what keeps the service sustainable and honestly priced.

9.5 No ranking guarantees. Search engines are third parties whose behavior nobody controls. I won’t promise a ranking, a traffic number, or a timeline, and you should be skeptical of anyone who does. What I commit to is the work: technical health, on-page optimization, monitoring, and honest reporting, including in months when the numbers don’t move.

10. Your responsibilities

You agree to:

Give me accurate contact, billing, and technical information, and keep it current
Keep your invoices current, and keep a valid payment method available for recurring services
Send credentials through the secure method I provide rather than plain email or text
Keep your own login credentials confidential, and not share admin accounts
Tell me promptly if you suspect a security problem
Confirm you have the legal right to use any content, images, code, or data you give me
Review work before approving it
Comply with Section 13 (acceptable use) and Section 14 (security)

10.1 Changes you make yourself. You keep access to your own site, and you’re welcome to use it. But if you install a plugin, edit theme code, or change server settings and something breaks, fixing it is billable work rather than plan coverage. Ask first and I’ll tell you if it’s safe. That question costs you nothing.

10.2 Running your own updates. You can update WordPress, themes, and plugins yourself if you don’t want to wait for the next cycle. I won’t stop you, and I won’t be annoyed about it. Two things to understand before you do.

On plans that include clone-first updates, you’re paying for updates to be applied to a copy of your site, checked, and rolled back if they misbehave. An update you run from the dashboard skips all of that and lands on the live site. The plugin that breaks your checkout breaks it in front of customers instead of on a clone nobody sees.

And if something breaks, fixing it comes out of your included monthly time first and is billable after that, the same as 10.1. The exception is the three protected plugins in Section 14 — leave those to me, including their updates.

11. Billing and payment

11.1 How invoicing works. I invoice through Harvest. A few practical consequences:

The website doesn’t take payments. There’s no checkout, no cart, no card field. You can request service through the site, but nothing you submit there charges you anything.
I don’t store your credit card. I never see or hold your card number.
Saved payment methods are optional. Harvest can store a card through Stripe or PayPal for automatic payment if you want the convenience. Nothing requires it.
You can always pay manually. Pay each invoice by card, PayPal, or check, whichever you prefer.

11.2 When you’re billed.

Care plans run on calendar months. Your invoice goes out on the 15th of the month before the month it covers, and is due 15 days later — so it’s paid before the month it pays for begins. Annual plans work the same way, invoiced in advance for twelve calendar months. Plans renew automatically until cancelled. Annual billing gives you two months free — twelve months of service for the price of ten.
Project work is invoiced at three points: project start, prototype presentation, and project acceptance, per Section 8.3.
Hourly work is invoiced monthly in arrears.
All invoices are due 15 days from the invoice date.

11.3 Late payment. If a payment fails or an invoice goes unpaid:

I’ll contact you and try again
At 15 days past due, non-urgent work stops
At 30 days past due, I may suspend the site
At 60 days past due, I may terminate the plan under Section 12.6

A suspension under this section is a consequence of non-payment, not a service failure. I’m not liable for lost revenue, lost data, lost business, or any other damage resulting from one, and the uptime credit in Section 6.3 doesn’t apply. Suspension isn’t deletion — your site, its database, and its backups stay where they are, and everything comes back when the invoice is settled.

I stop invoicing while a site is suspended. I’m not going to bill you for a month of service you couldn’t use. Billing resumes when the site does, starting with the next full calendar month. What you already owe stays owed, and the balance has to be cleared before I bring the site back.

I’d much rather talk to you about a cash-flow problem than suspend a site. Tell me early and we’ll work something out.

11.4 Price changes. I may change plan pricing, and existing clients get runway before it applies:

Monthly plans: a price increase takes effect after your current month plus one additional month. You’ll always have at least one full billing cycle at the old rate after I tell you.
Annual plans: a price increase takes effect at your next renewal, as long as I’ve told you at least 60 days before that renewal date. If I tell you later than that, the increase waits until the renewal after it. An annual renewal is one large charge, and you should see the number early enough to budget for it, question it, or cancel before any money moves.

11.5 Taxes. Prices exclude any applicable sales or use tax, which is added where required.

11.6 Chargebacks. If you dispute a charge with your bank instead of contacting me first, I may suspend service immediately. Contact me first. It’s faster and it usually works.

12. Cancellation and offboarding

12.1 You can cancel any time. Tell me in writing — email counts, nothing formal required. Your plan ends at the end of the calendar month in which you tell me, and you keep the service until then.

If you’d rather give me more runway, say so and we’ll set the end date wherever you like. What I ask is that you tell me rather than letting an invoice go unpaid, so I know it’s a decision and not a problem.

12.2 Refunds.

New clients get 30 days. If Studio Care isn’t right for you, tell me within 30 days of the day your site goes live on my hosting — once migration and setup are finished, not the date you paid or the date your plan began — and I’ll refund everything you’ve paid in full. That includes an annual payment; if you prepaid a year and want out in the first month, you get the whole year back. One per client.
Monthly plans are not prorated after that. Billing runs on whole calendar months. Cancel on the 3rd or the 27th and it makes no difference: your plan runs through the end of that month, you keep the service until then, and there’s no partial refund. Once a month has started, it’s a month you’ve bought.
Annual plans are refunded on the whole-month calculation in Section 12.3.

12.3 Cancelling an annual plan early. Annual billing is discounted because it’s a year-long commitment. Cancel early and you lose the discount, but not the months you haven’t used.

Everything here works in whole calendar months. Nothing is prorated by the day. A month you’ve started is a month you’ve used.

The refund is:

what you paid − (months used × the standard monthly rate for your tier)

Worked through, using Standard billed annually at $1,800 — twelve months for the price of ten, so $180 per month is the standard rate the refund is measured against:

You cancel during	Months used	Charged at $180	Refund
Month 1	1	$180	$1,620
Month 3	3	$540	$1,260
Month 6	6	$1,080	$720
Month 9	9	$1,620	$180
Month 10	10	$1,800	$0
Month 11 or 12	11–12	$1,800 (capped)	$0

Months 11 and 12 are the two free months, so there’s nothing left to refund by then. You paid for ten months and received twelve. Once you’ve used ten, you’ve used everything you paid for. Cancelling in month 11 or 12 means walking away from months you were given rather than months you bought, and I don’t owe you anything for them. You don’t owe me anything either — if the calculation comes out negative, I write it off rather than send you a bill.

If you’re that close to the end of a term and you don’t want to renew, the simplest thing is to tell me before the renewal date rather than cancel mid-month. Section 11.4 gives you 60 days’ notice of any price change before a renewal, so you’ll see it coming.

12.4 What you get when you leave. No hostage-taking, ever. On request I’ll hand over your exit package:

All files under your webroot
A full database export
Any project materials I’ve retained
Your DNS zone records, so they can be recreated elsewhere without guesswork

That’s the handoff, and it’s the same package whoever ends the plan and whatever the reason. I’ll also tell you honestly which included plugins you’ll need to license yourself, because that takes a sentence and you shouldn’t find out from a broken site three weeks later.

What the exit package doesn’t include is my labor at your new host. Performing the migration, configuring the new environment, troubleshooting someone else’s server, or working with your new provider is billable work, and I’ll quote it before starting. I’m glad to do it. It’s just not free.

12.5 Data retention after cancellation. I keep your backups for 30 days after your plan ends, then delete them permanently. Get your export before that window closes.

12.6 When I can terminate. I may suspend or end services:

For non-payment, per Section 11.3
Immediately, for a violation of Section 13
With 30 days’ notice, for any other reason

12.7 Ending it well. If I terminate for a reason other than abuse or non-payment, you shouldn’t be out money because I changed my mind. You keep the service through the end of the current calendar month, and I refund any whole calendar months you’ve prepaid beyond that, at the rate you actually paid — not at the standard monthly rate, and without the Section 12.3 recalculation. You didn’t lose the discount; I did this.

If I can no longer serve you properly, saying so is the right thing to do, not something to punish you for. You also get the exit package described in Section 12.4.

13. Acceptable use

13.1 The general rule. Use my services legally, honestly, and in a way that doesn’t harm other people or the sites sharing my infrastructure. You’re responsible for everything that happens on your site, including what anyone you authorize does.

13.2 Prohibited content and activity.

Illegal:

Anything that violates state, federal, or applicable international law
Child sexual abuse material, in any medium (see 13.3)
Fraud, money laundering, or illegal gambling
Copyright or trademark infringement

Harmful:

Distributing malware, viruses, or malicious code
Phishing, social engineering, or credential harvesting
Attacking, scanning, or attempting unauthorized access to any system
Sending spam or unsolicited bulk email

Abusive:

Content promoting violence or hatred against people or groups
Harassment, defamation, doxxing, or targeted privacy violations
Deliberately deceptive practices

Resource abuse:

Cryptocurrency mining
Open proxies, relays, or file-dump hosting
Sustained traffic or resource consumption that degrades performance for other sites on the server, or that can’t be accommodated without changing the infrastructure underneath it
Reselling hosting or subletting your allocation to third parties

On that third one. Section 4.8 doesn’t meter your traffic, which makes this the only limit on it, so it’s worth saying what it is and isn’t. It isn’t a trap for a site that gets busy, and it isn’t a hidden bandwidth cap. It’s for the case where one site’s sustained load is measurably costing every other site on the machine. If your site reaches that point, what happens is a conversation about the right plan or the right architecture — possibly a server of your own — not a suspension. Suspension under 13.5 is for abuse, and growth isn’t abuse.

13.3 Adult and explicit material. The line here is drawn by medium, not by subject matter.

Permitted:

Written works containing explicit sexual content, including fiction other platforms decline to carry
Audio and audiobook editions of the same
Sale and distribution of those works in digital or physical form

I host booksellers, and I’m not in the business of deciding which novels deserve to exist. Publishers and retailers make those calls; I don’t second-guess them.

Prohibited, without exception:

Visual pornography — photographic, video, animated, or illustrated depictions of sexual activity or lascivious exhibition. This includes cover art, catalog thumbnails, promotional images, and preview material, not only the works themselves.
Any sexual depiction of a minor, in any medium — text, audio, illustration, or image. This one is not a medium question. It is illegal in written form and it ends the relationship immediately under Section 13.6.
Content that is illegal to distribute where you distribute it, regardless of format

If you sell adult material, you also agree to:

Hold the rights to distribute everything you publish
Label adult titles clearly and apply whatever age verification your jurisdiction and your payment processor require
Comply with obscenity law in the jurisdictions you distribute to
Tell me before adding a product category that changes the nature of the site

13.4 Outbound email. Your plan includes a transactional email service. Transactional means one message, to one person, because that person did something. That’s the whole test, and it’s worth understanding before you plan anything around it.

Permitted — mail triggered by an individual’s own action or account relationship, including but not limited to:

Contact form submissions and replies to inquiries
Order confirmations, receipts, invoices, and shipping notices
Password resets, account notices, and security alerts
Appointment confirmations and reminders
Abandoned cart reminders and post-purchase review requests, which are triggered by one customer’s own activity
Notifications sent to you and your own staff, however many of you there are

Not permitted through my infrastructure — anything addressed to a list, a segment, or a group, including but not limited to:

Newsletters and email campaigns
Promotional announcements, sales, and product launches
Drip sequences, nurture series, and re-engagement campaigns
“New post published” notifications to subscribers or members
Operational or non-promotional notices sent to your whole customer list, including closures, policy changes, and recalls

The second list isn’t about legality. Mail that complies perfectly with CAN-SPAM and every other applicable law is still prohibited here if it’s addressed to a group. The shape of the send is the rule; the bullets are just examples of it.

Why. The service is licensed and metered for transactional mail. Its provider’s own terms prohibit bulk marketing use, and that agreement covers every site I host, not just yours. A single campaign can also consume a month’s message allocation in an afternoon. Neither of those is a rule I made up, and neither is one I can waive.

What to do instead. Use a real email service provider. That’s what they’re built for, they’ll do it better than a plugin will, and their reporting is worth having. You can absolutely run a newsletter — it just leaves through their pipes rather than mine.

Two practical rules that follow:

Don’t install a plugin that sends bulk mail through the website. Configuring a plugin to send through your own provider’s API or SMTP is fine, and I’m happy to help set it up. What’s not fine is a plugin queuing thousands of messages through the site itself, which is a server-load problem no matter who delivers them.
All outbound mail must still comply with applicable law, including CAN-SPAM. Accurate sender information, working unsubscribe links on anything promotional, and no purchased or scraped lists. That applies to the mail you send through your own provider too, since your domain’s reputation is what’s on the line.

If bulk sending shows up anyway, I may rate-limit or suspend outbound mail while we sort it out. I’d rather throttle sending than take a website down, so that’s the first move, not suspension under Section 13.5.

13.5 Enforcement. Depending on severity, a violation may result in:

A conversation and a request to fix it
Temporary suspension
Permanent termination without refund
A report to law enforcement, where the law requires it

13.6 Zero tolerance. Violations involving child sexual abuse material, attacks on other systems, or anything that endangers other sites on my infrastructure result in immediate termination without refund and without warning.

13.7 I don’t pre-screen. I don’t review your content before it goes up. I may remove content that violates this section when I become aware of it.

13.8 How I treat you, and how you treat me. I’ll be straight with you, admit mistakes, and never talk down to you. I expect the same. Threatening or abusive behavior toward me ends the relationship immediately. That has never happened, and I’d like to keep it that way.

14. Security requirements

You agree to:

Use strong, unique passwords on every account connected to your site
Enable two-factor authentication on administrator accounts wherever it’s offered
Never share admin credentials, including with contractors — ask me for a separate account instead
Tell me right away if a device or account is compromised
Remove access for people who no longer need it

14.1 Three things I ask you not to touch. Most of the software on your site is yours to use, configure, and disable as you see fit. Three components are different, because each one protects something you can’t easily get back:

The security plugin — the firewall, malware scanning, and login protection
The backup plugin — its schedule, retention, and off-site destination
The transactional email service — the connection that gets your site’s mail delivered

You agree not to disable, downgrade, reconfigure, uninstall, or update these three yourself. If one of them needs to change, ask and I’ll do it. You can still run a restore from a backup whenever you want; that’s what backups are for.

I also ask that you not alter the edge firewall configuration or any security configuration I’ve put in place outside WordPress. You’d have to go looking for it, but it’s covered here for completeness.

14.2 You’ll get the specific list. Which plugins and settings those categories map to depends on your plan and changes as tools change, so naming them here would be out of date within a year. Instead you get a Protected Configuration list at onboarding: the actual named components on your site, what each one does, and what happens if it’s switched off. I keep it current, I’ll send you an updated copy whenever it changes, and you can ask for it any time. Anything on that list is covered by 14.1.

14.3 If a security setting is in your way, tell me. Sometimes the firewall blocks something legitimate, a rule fires on a form you need, or a scanner flags a file that’s fine. That’s a normal Tuesday. Send me a message and I’ll fix it properly, usually the same day. What I’m asking you not to do is switch the protection off to get past it and then forget you did.

14.4 How this gets checked. I review security configuration periodically as part of your plan. This mostly runs on the honor system, and it has worked fine so far. If I find protections turned off, I’ll turn them back on and tell you what I found.

14.5 If your site gets compromised. Malware cleanup is included on some tiers and billable on others; see the pricing page. If a compromise traces to credentials you shared, software you installed against advice, or a protection disabled under 14.1, cleanup is billable regardless of tier, and Section 6.3 uptime credits don’t apply.

15. Intellectual property

15.1 Your stuff stays yours. Your content, images, data, brand, and domain are yours. Custom work I build specifically for you becomes yours on full payment.

15.2 My stuff stays mine. I keep ownership of everything I bring to the job: my code libraries, snippets, plugins, configurations, checklists, audit methodology, templates, and processes. Where any of it is embedded in your site, you get a permanent, non-exclusive license to keep using it on that site — including after our relationship ends.

15.3 Third-party components. WordPress, themes, plugins, and libraries used in your site remain the property of their authors and are governed by their own licenses.

15.4 Before you’ve paid. Ownership of custom work transfers on full payment. Until then, it’s mine.

15.5 Showing your site. I may reference your site as an example of my work — in a portfolio, a case study, or a conversation with a prospective client — unless you tell me not to. Just say the word and I’ll leave you out.

15.6 Attribution. I don’t put a credit link in your footer unless you offer.

16. Copyright complaints and DMCA notices

16.1 What this section is for. I host websites whose content is controlled by my clients, not by me. If you believe material on a site I host infringes your copyright, this is how to tell me.

16.2 My designated agent. Web Magic Studio LLC has registered a designated agent with the United States Copyright Office to receive notifications of claimed copyright infringement:

Designated agent: Scott Thomason
Web Magic Studio LLC
577 E. Liberty St., Adams, WI 53910
legal@webmagic.studio
715-255-0341

16.3 Sending a notice. Send your notice to the agent above, titled “DMCA — Claimed Copyright Infringement.” To be effective under the law, it needs to include:

Your physical or electronic signature, or that of someone authorized to act for you
Identification of the copyrighted work you say has been infringed
Identification of the material you say is infringing, with enough detail for me to find it — a full URL is best
Your name, mailing address, telephone number, and email address
A statement that you believe in good faith that the use isn’t authorized by the copyright owner, its agent, or the law
A statement that the information in your notice is accurate, and, under penalty of perjury, that you’re authorized to act for the copyright owner

An incomplete notice may not be actionable. Misrepresenting that material is infringing can make you liable for damages, including attorney fees, under 17 U.S.C. § 512(f).

16.4 What I do with it. When I receive a complete notice, I’ll remove or disable access to the material and tell the client whose site it was on. I don’t adjudicate who’s right. I follow the process.

16.5 Counter-notification. If you’re a client and material on your site was removed by mistake or misidentification, you can send a counter-notification to the same agent, including your signature, identification of the removed material and where it appeared, a statement under penalty of perjury that you believe in good faith it was removed by mistake, your contact information, and your consent to the jurisdiction of the federal district court for your address (or, if outside the United States, the Western District of Wisconsin). If I receive a valid counter-notification, I may restore the material in ten to fourteen business days unless the complaining party notifies me they’ve filed a court action.

16.6 Repeat infringers. In appropriate circumstances, I terminate the accounts of clients who repeatedly infringe copyright. This is a condition of the legal protection that lets me host content I didn’t create, and it isn’t discretionary. Section 13.5 describes how enforcement generally works; this section governs where copyright is concerned.

16.7 Material on my own website. If you believe something on webmagic.studio itself infringes your rights, use the same contact above and I’ll handle it directly.

16.8 The other direction. If you come across someone using my work — code, copy, designs, or the studio name — I’d like to hear about it. Same address.

17. Confidentiality

17.1 I treat your credentials, data, business information, and anything else I learn while working on your site as confidential. I don’t share it, sell it, or discuss it, except where the law requires or where you’ve asked me to.

17.2 This obligation doesn’t expire when the relationship does.

17.3 If you need a signed NDA, send it over. I’ll sign a reasonable one.

18. Third-party services

18.1 Delivering these services means depending on other companies: the data center, Cloudflare, plugin and theme vendors, the transactional email provider, payment processors, and others. I choose them carefully and I’ll switch when one stops being the right call.

18.2 I’m not responsible for their outages, price changes, discontinued products, or policy decisions. When one of them causes a problem for you, I’ll tell you what happened and what I’m doing about it.

18.3 Where you hold a direct account with a third party — your domain registrar, your payment gateway, your email host — their terms govern that account, not mine.

18.4 Links out. My website links to other sites: client work, my profiles on other platforms, tools I recommend. I don’t control any of them and I’m not responsible for their content, their practices, or what happens to you there. A link is a pointer, not an endorsement. If you download something from a site I’ve linked to, checking that it’s safe is on you.

19. How support works

19.1 Where to send requests. Support requests go to support@webmagic.studio or through the contact form. Those channels are monitored and tracked.

19.2 What isn’t monitored the same way. Text messages, social media messages, and phone calls are fine for a quick conversation, but they’re not a reliable queue. If we talk something through on the phone, send a short email afterward so there’s a record. When there’s a question later about what we agreed to, I go by what’s in writing.

19.3 Business hours. 6:00 a.m. to 6:00 p.m. Central, seven days a week, excluding holidays and scheduled time off.

19.4 What business hours actually mean. These are the hours during which the response targets in Section 4.5 apply. They aren’t a promise that I’m sitting by the phone. Most of the time I’m heads-down on somebody’s site, which is what you’d want if it were yours. So more often than not you won’t catch me live — send an email or use the contact form and you’ll hear back within your plan’s response target. That’s the channel I’d rather you use anyway, for the reasons in Section 19.2.

19.5 In practice, more than that. I answer messages when I see them, which frequently includes evenings, holidays, and time I’m supposed to be taking off. An emergency gets attention whenever it lands. Section 19.3 is the floor, not the ceiling.

20. Disclaimers

Please read this section and Section 21 carefully. Together they limit what I’m legally responsible for, and they’re the most important sections in this document for both of us.

20.1 Services and the website are provided “as is” and “as available.” To the fullest extent the law allows, I disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The 30-day functionality warranty in Section 8.6 and the uptime target in Section 6.2 are the only warranties I make.

20.2 I don’t warrant that any website will be uninterrupted, error-free, or free of vulnerabilities. Nobody honestly can. Security work reduces risk; it doesn’t eliminate it.

20.3 Nothing on my website or in my communications is legal, tax, financial, or accessibility-compliance advice. Consult a professional in the relevant field.

20.4 Advice about search rankings, marketing outcomes, or business results is informed opinion, not a guarantee.

21. Limitation of liability

21.1 To the fullest extent permitted by law, my total liability for any claim arising out of or relating to these terms or my services is limited to the amount you paid me for the specific service giving rise to the claim during the three months before the claim arose.

21.2 I’m not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or loss of goodwill, even if I’ve been told such damages were possible.

21.3 Some states don’t allow certain limitations of liability or exclusions of implied warranties. Where that’s the case, the limitations above apply to the maximum extent the law allows.

21.4 These limits reflect how you and I have agreed to allocate risk between us, and they’re part of why the price is what it is. They survive and continue to apply even if a remedy described elsewhere in these terms turns out to fail its essential purpose.

22. Indemnification

You agree to defend, indemnify, and hold harmless Web Magic Studio LLC and Scott Thomason from any claim, loss, damage, liability, or expense (including reasonable attorney fees) arising from:

Content you provide or publish, including material distributed under Section 13.3
Your violation of these terms or any law
Your infringement of someone else’s intellectual property or privacy rights
Actions taken by anyone using your credentials

23. Changes to these terms

23.1 I may update these terms. When a change is material, I’ll notify current clients by email at least 30 days before it takes effect, and I’ll post the updated terms here with a new “last updated” date at least 30 days before the change applies to anyone else.

23.2 Continuing to use my services after a change takes effect means you accept the updated terms. If you don’t accept them, cancel under Section 12 before the effective date.

23.3 Prior versions are available on request.

24. Governing law and disputes

24.1 These terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles.

24.2 Talk to me first. Before anything formal, both of us agree to try to resolve the dispute directly and in good faith for at least 30 days. In practice, that has always been enough.

24.3 Venue. If direct discussion doesn’t resolve it, any claim is brought in the state courts of Adams County, Wisconsin, and both of us consent to that venue and jurisdiction. Claims within the small claims limit may be brought in Adams County small claims court. No arbitration.

24.4 Individual claims only. You and I each agree to bring claims against the other only in our individual capacity, and not as a plaintiff or class member in any class, collective, or representative action. Neither of us is agreeing to have a dispute between the two of us decided as part of somebody else’s lawsuit.

24.5 Costs and fees. The prevailing party is entitled to recover its reasonable costs and attorney fees from the other party. If a claim is dismissed or withdrawn without a finding on the merits, each party bears its own costs and fees.

25. General provisions

25.1 Severability. If a provision is found unenforceable, the rest stays in effect and the unenforceable provision is narrowed to the minimum extent needed to make it valid.

25.2 No waiver. If I don’t enforce a provision immediately, I haven’t given up the right to enforce it later.

25.3 Assignment. You may not transfer your agreement with me to someone else without my written consent, which I won’t unreasonably withhold. If you sell your business, tell me and we’ll sort it out. I may assign these terms in connection with a sale or transfer of the studio.

25.4 Independent contractor. I’m an independent contractor. Nothing here creates a partnership, joint venture, or employment relationship.

25.5 Force majeure. Neither of us is liable for failure to perform caused by events outside our reasonable control: natural disaster, war, civil unrest, labor action, government action, widespread internet or power failure, or the failure of an upstream provider.

25.6 Entire agreement. These terms, plus any applicable service agreement, proposal, or statement of work, are the whole agreement between us and replace any prior discussions on the same subjects.

25.7 Survival. Sections 15, 16, 17, 20, 21, 22, 24, and 25 survive termination.

26. Contact

Web Magic Studio LLC
577 E. Liberty St.
Adams, WI 53910

Phone: 715-255-0341
Support: support@webmagic.studio
Legal notices: legal@webmagic.studio
Abuse reports: abuse@webmagic.studio
DMCA notices: legal@webmagic.studio (designated agent: Scott Thomason — see Section 16)