Terms of Service – Brockway Web Solutions LLC
Effective Date: August 30, 2026
1. Agreement to Terms
These Terms of Service (“Terms”) govern your use of the Brockway Web Solutions LLC (“Brockway Web Solutions,” “BWS,” “we,” “us,” or “our”) website and describe general policies applicable to services offered by BWS.
By accessing or using this website, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these Terms, please discontinue use of the website.
Use of this website, submission of a contact form, request for a consultation, or receipt of an estimate or proposal does not by itself create a client, contractor, partnership, employment, fiduciary, or other professional relationship between you and Brockway Web Solutions LLC.
A client relationship is established only when BWS and the client mutually agree to proceed with services through an applicable written agreement, accepted proposal, invoice, or other written authorization.
2. Services
Brockway Web Solutions LLC provides professional digital and business services that may include:
- Website design and redesign
- Website development
- Website maintenance and optimization
- Website hosting and related management services
- Search engine optimization (“SEO”)
- Website performance optimization
- Branded business document design
- Website consultation and technical support
- Other related digital and business services
Services displayed on this website are subject to availability and may be modified, added, suspended, or discontinued at any time.
Specific project scope, pricing, deposits, payment schedules, timelines, revision allowances, ownership provisions, maintenance arrangements, deliverables, and other project requirements are established separately through proposals, service agreements, contracts, invoices, or other written agreements between BWS and its clients.
3. Client Agreements Control
These Terms provide general policies governing use of the Brockway Web Solutions website and services offered by BWS.
Individual projects or ongoing services may be governed by a separate proposal, contract, service agreement, statement of work, invoice, or other written agreement.
If a provision of these Terms conflicts with a signed client agreement concerning a particular project or service, the applicable client agreement will control with respect to that project or service.
4. Estimates, Proposals, and Pricing
Prices, packages, hourly rates, or starting prices displayed on this website are provided for general informational purposes unless expressly stated otherwise.
Final pricing may vary based on project scope, complexity, functionality, content requirements, integrations, revisions, timelines, third-party services, and other project-specific requirements.
Quotes and estimates are based on information available at the time they are prepared and may be subject to modification if the requested scope or project requirements change.
An inquiry, consultation, estimate, or proposal does not obligate BWS to perform services until the engagement has been accepted or otherwise authorized in writing.
5. Deposits and Payment Terms
Payment requirements are established in the applicable proposal, agreement, contract, or invoice.
Projects may require an initial deposit, milestone payments, final payment, recurring payments, hourly charges, or another agreed payment arrangement.
When a deposit is required, work may not begin until the required deposit has been received unless BWS agrees otherwise in writing.
Deposits, cancellation terms, refund eligibility, payment deadlines, and any applicable recurring payment arrangements are governed by the applicable client agreement or invoice.
Clients are responsible for paying invoices according to the payment terms established for their project or service.
Failure to make required payments may result in delayed delivery, withholding of final deliverables, suspension of ongoing services, or termination as permitted by the applicable agreement.
6. Final Approval, Payment, and Project Delivery
For website design and redesign projects, BWS may provide a staging website, preview, proof, draft, or other review version for client review and approval before final delivery.
Unless otherwise stated in the applicable written agreement, the remaining project balance must be paid in full following client approval and before the completed project is deployed to production, transferred, released, or otherwise delivered to the client.
Brockway Web Solutions LLC is not required to:
- Launch a completed website to the live production environment
- Transfer a completed website or project
- Release final design or project files
- Provide final downloadable deliverables
- Complete administrative handoff
- Relinquish project-related administrative access
- Provide other final deliverables included in the project
until all amounts then due under the applicable agreement have been paid in full.
Once required final payment has been received and cleared, BWS will complete the applicable production deployment, final delivery, quality-assurance review, backup, and/or project handoff specified by the applicable agreement.
Client approval of a staging site, preview, proof, or other completed review version constitutes authorization for BWS to proceed with final invoicing and the applicable delivery or deployment process.
7. Revisions and Changes in Project Scope
Revision allowances are determined by the applicable project agreement.
Requests that materially change the originally agreed scope, add functionality or deliverables, substantially revise previously approved work, or require work beyond the included revision allowance may be considered additional work.
BWS will make reasonable efforts to identify additional or out-of-scope work before performing it. Additional work may require written authorization, a revised proposal, change order, additional invoice, or hourly billing as applicable.
Approval of additional work through email or another documented written communication may constitute written authorization when permitted by the applicable client agreement.
8. Client Responsibilities and Project Delays
Clients are responsible for providing accurate and timely information, content, approvals, feedback, account access, credentials, images, logos, documents, and other materials reasonably necessary to complete contracted work.
Clients are responsible for ensuring they have the legal right to provide and authorize use of all materials supplied to BWS.
Project schedules and estimated completion dates may be affected when required information, materials, access, feedback, approvals, or payments are delayed.
BWS is not responsible for project delays caused by circumstances outside its reasonable control or by delays in required client participation.
9. Project Records and Documentation
Brockway Web Solutions LLC may maintain reasonable business records relating to projects and services, including project communications, approvals, revision requests, invoices, payment records, work logs, time records, backups, testing records, and project closeout documentation.
For flat-rate projects, internal time or work records may be maintained for project management, documentation, scope evaluation, termination provisions, or business recordkeeping purposes.
Maintaining such records does not convert a flat-rate project into an hourly engagement unless hourly billing is expressly authorized by the applicable agreement.
10. Cancellation and Termination
Cancellation and termination rights for contracted services are governed primarily by the applicable client agreement.
Termination of a project does not automatically eliminate payment obligations for services already performed, authorized charges, non-refundable deposits, third-party expenses, or other amounts due under the applicable agreement.
Upon termination, BWS may cease work and withhold unfinished or unreleased deliverables as permitted by the applicable agreement and applicable law.
Recurring maintenance, hosting, or other ongoing services will continue until terminated according to the applicable service agreement or written cancellation requirements.
11. Intellectual Property and Ownership
Unless otherwise stated, the Brockway Web Solutions name, branding, website design, original website text, graphics, and other original content appearing on the BWS website are owned by or licensed to Brockway Web Solutions LLC and may not be copied, reproduced, distributed, modified, or commercially used without permission.
Ownership and transfer of websites, designs, documents, graphics, code, content, and other client deliverables are governed by the applicable client agreement.
Unless otherwise provided by the applicable agreement, ownership rights in final work created by BWS do not transfer until all amounts required for that work have been paid in full.
Pre-existing client materials remain the property of the client or their respective owners.
Third-party trademarks, logos, software, plugins, themes, fonts, stock assets, images, platforms, and other third-party materials remain subject to the ownership, licenses, and terms of their respective owners.
12. Third-Party Products and Services
BWS may use, integrate, manage, or recommend third-party services such as website hosting providers, domain registrars, WordPress themes and plugins, email providers, payment processors, analytics platforms, security services, backup systems, SEO tools, and other technology providers.
Third-party products and services are governed by their own terms, policies, licenses, pricing, availability, and operating requirements.
BWS does not control and cannot guarantee the uninterrupted availability, continued functionality, security, compatibility, pricing, or continued operation of independent third-party products or services.
Changes made by third-party providers may affect websites or services previously configured by BWS.
13. Hosting, Maintenance, and Ongoing Services
Website design or redesign services do not automatically include ongoing maintenance, hosting management, updates, technical support, security monitoring, content changes, or other continuing services unless specifically included in the applicable agreement.
After completion and handoff of a project, the client is responsible for ongoing operation and maintenance unless the client has an active maintenance, hosting, or support agreement with BWS.
Recurring services may be subject to separate pricing, billing schedules, cancellation requirements, and service limitations.
14. Backups and Client Data
BWS may create backups during development, maintenance, migration, deployment, or other technical work when reasonably appropriate.
Unless backup services are specifically included in an active service agreement, clients should maintain independent backups of their websites, files, data, credentials, and other important digital assets.
BWS does not guarantee that third-party backup systems will operate without interruption or that every version of a website or file can be recovered.
15. Search Engine Optimization and Business Results
BWS may provide SEO, website performance, accessibility, usability, and related optimization services.
BWS does not guarantee any specific search-engine ranking, website traffic level, number of leads, conversions, sales, revenue, customer engagement, performance score, or other business result unless expressly guaranteed in a written agreement.
Search engines, algorithms, competitors, visitor behavior, hosting infrastructure, third-party software, market conditions, and other factors outside the control of BWS may affect results.
Past results or examples are not guarantees of future performance.
16. Portfolio and Project Examples
Unless otherwise restricted by a client agreement or written arrangement, BWS may identify publicly available completed work as part of its professional portfolio and may display screenshots, links, project descriptions, or other non-confidential examples of completed work for promotional purposes.
BWS will not knowingly publish confidential client information solely for portfolio or promotional purposes.
Any portfolio rights specifically addressed in a client agreement will be governed by that agreement.
17. Website Availability and Accuracy
BWS makes reasonable efforts to maintain accurate and current information on this website. However, we do not guarantee that all website information will always be complete, current, error-free, or continuously available.
We may modify, update, suspend, or remove website content, features, pricing information, or functionality when reasonably necessary.
Temporary interruptions may occur because of maintenance, technical problems, hosting issues, third-party services, security measures, or circumstances outside our reasonable control.
18. Acceptable Use
You agree not to use this website to:
- Violate applicable laws or regulations
- Attempt unauthorized access to websites, servers, accounts, networks, or systems
- Introduce malware, malicious code, automated attacks, or harmful material
- Interfere with website operation, performance, or security
- Submit fraudulent, deceptive, abusive, threatening, harassing, or unlawful communications
- Impersonate another person or organization
- Misuse website forms or communication systems
- Attempt to obtain information or access you are not authorized to receive
BWS reserves the right to restrict access or take reasonable protective measures in response to suspected misuse, fraud, abuse, or security threats.
19. Third-Party Links
This website may contain links to third-party websites, platforms, or services.
BWS does not control and is not responsible for the content, availability, security, accuracy, privacy practices, or policies of third-party websites.
Visiting or using third-party websites is at the visitor’s discretion and subject to the terms and policies of those third parties.
20. Limitation of Liability
To the fullest extent permitted by applicable law, Brockway Web Solutions LLC will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from use of, or inability to use, this website.
Liability relating to contracted client services is governed by the applicable client agreement and applicable law.
BWS is not responsible for losses caused solely by independent third-party providers, unauthorized client or third-party modifications, client-provided materials, compromised client credentials, or circumstances outside BWS’s reasonable control, except to the extent liability cannot legally be excluded or limited.
Nothing in these Terms is intended to exclude, restrict, or limit liability that cannot legally be excluded, restricted, or limited.
21. Indemnification
To the extent permitted by applicable law, users and clients are responsible for claims, damages, or expenses arising from materials they provide to BWS, their unlawful use of the BWS website or services, their violation of third-party intellectual-property rights, or their violation of these Terms or an applicable client agreement.
Any additional indemnification obligations applicable to a contracted project will be governed by the applicable client agreement.
22. No Waiver
Failure by Brockway Web Solutions LLC to immediately exercise or enforce a provision of these Terms does not constitute a waiver of that provision or of BWS’s right to enforce it later.
Any waiver relating to a specific client agreement must comply with the requirements of that agreement.
23. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by applicable law.
24. Governing Law
These Terms of Service are governed by the laws of the State of Tennessee, without regard to applicable conflict-of-law principles.
Specific client agreements may contain additional governing-law, jurisdiction, venue, mediation, arbitration, attorney-fee, or dispute-resolution provisions. Those provisions will control disputes arising from the applicable agreement where enforceable.
25. Changes to These Terms
Brockway Web Solutions LLC may periodically update these Terms to reflect changes to our website, services, business practices, technology, or applicable requirements.
Revised Terms will be posted on this page with an updated effective date.
Changes apply prospectively from the applicable effective date and do not retroactively modify a previously executed client agreement unless the parties separately agree in writing.
26. Contact Us
Questions regarding these Terms of Service may be directed to:
Brockway Web Solutions LLC
Clarksville, Tennessee
brockwaywebsolutions@gmail.com