Evolution Terms | Breakpoint WP

Evolution Site Manager

Terms & Conditions

These Evolution Site Manager Terms & Conditions (“ESM Terms”) apply to any Client enrolled in an Evolution Site Manager plan (“Plan”) with Breakpoint WP (“Breakpoint,” “BP,” “BPWP,” “we,” “us,” or “Company”). By enrolling in a Plan, authorizing services, or submitting payment, you agree to these ESM Terms.

These ESM Terms supplement Breakpoint’s general Terms of Service. If there is a conflict, these ESM Terms control for Plan services.

1. Important Notes

Client-Managed Hosting Requirements (Self-Hosted Sites). If your website is self-hosted, you are responsible for procuring and maintaining your own:

Domain name(s)
Hosting services
SSL certificate(s)

We may recommend providers such as SiteGround, WP Engine, Flywheel, and Bluehost. We do not recommend GoDaddy or HostGator.

Not Included. Evolution Site Manager services do not include:

Google Business Profile optimization
Yelp, Reddit, or other profile optimization
Reputation monitoring

These are separate services.

2. Definitions

Breakpoint / BP / BPWP / Company / We / Us: Breakpoint WP and its owners, operators, employees, and contractors.
Client / You / Your: The individual or entity receiving Plan services.
Services: Maintenance, support, content updates, and other Plan inclusions described in your selected Plan.
Real-Time / RealTime Updates: Updates applied within 12 hours or less, 7 days/week, after receiving notice that an update is available. Most updates occur within 8 hours of availability notice. (Timing may vary due to third-party release conditions, conflicts, or site risk considerations.)

3. Plan Overview

Your Plan may include some or all of the services below depending on the tier you selected. Not all Services are included in all Plans.

3.1 Security Monitoring

24/7 security monitoring
Custom firewall settings and security optimization tools
Daily malware/virus scanning (tool-dependent)

3.2 SEO & Analytics

SEO plugin setup/management (e.g., Yoast or RankMath)
Google Analytics (GA4) connection and performance reporting (per Plan)

3.3 Design & Content Changes

Requested layout/content changes performed by professionals familiar with your site
Recommendations for user experience improvements and goal alignment

3.4 Form Submission Collection

Form submissions collected and exportable to CSV/Excel when included in your Plan (and where supported by your form tool)

3.5 Maintenance

Real-Time updates to WordPress core, theme, plugins, and security patches (where accessible and appropriate)
Cache clearing after updates
Backups stored locally or in the cloud depending on Plan

3.6 Support

- Help troubleshooting errors, broken links, and common site issues
- General Q&A and guidance related to your website

4. Service Definitions

For clarity:

Maintenance: Updating WordPress core/themes/plugins/security patches; removing/replacing outdated plugins; clearing cache; removing unwanted comments; and verifying users, where applicable.
Support: Fixes/repairs for site elements not functioning correctly, compatibility issues, mobile issues, file repairs, DNS-related guidance, and answers to questions—within the Plan’s included time/limits.
Design or Content Requests: Changes that affect appearance, layout, text, products, or images within the current theme and build system. Does not include altering theme files, custom code changes, or changing themes.

5. Content, Design Requests & Meetings

5.1 One Request at a Time

Design/content requests are handled one request at a time to keep work organized and predictable.

5.2 Larger Content Changes & New Pages

Making a large set of changes may consume the Plan’s monthly time allocation and may extend into future months. Items beyond Plan limits may require an additional fee or separate project.

New pages require an additional fee as they exceed the time limitations and must be optimized for mobile.

5.3 Client-Provided Content

Unless your Plan or Proposal explicitly includes content development, the Client must provide the text and assets to be added/updated. Breakpoint may edit provided content for fit, clarity, SEO, formatting, and general acceptability.

Content research and development (writing from scratch, research, substantial rewrites) is billed at $120/hour unless otherwise agreed.

5.4 Consultation / Meeting Time

Your Plan may include a set amount of consultation time (calls/Zoom/local meetings) per month, as defined by your tier. Additional time is billed at $85/hour.

6. SEO, Performance & Optimization

Where included, optimization Services may include:

Identifying information architecture improvements
Finding and addressing thin or duplicate content
Reviewing basic keyword optimization opportunities
Optimizing metadata
Page speed analysis and improvements
Asset optimization (compression, resizing, WebP conversion where appropriate)
UX assessment and recommendations

Important: These efforts can improve technical quality and clarity, but rankings, traffic, and conversions depend on many factors outside Breakpoint’s control (competition, industry, content volume, domain history, budget, offer quality, and more). No specific SEO results are guaranteed.

7. Hosting, Domains, SSL & Email

7.1 Client Responsibility (Self-Hosted)

If you are self-hosted, you are responsible for renewals and payments for:

Hosting
Domain name(s)
SSL certificates
Email services

Failure to renew these may result in the site going offline or loss of domain/email, and Breakpoint is not liable for those outcomes.

8. WordPress, Plugin & Theme Updates

8.1 Scope of Updates

We update WordPress core/themes/plugins that:

are installed by Breakpoint or are accessible under the site’s licensing, and
are appropriate to update based on compatibility and risk.

Some “Pro” plugins or legacy licenses may be owned by the Client, unavailable to Breakpoint, or require separate renewals. The Client is responsible for purchasing/renewing any required licenses unless explicitly included.

8.2 Deprecated or Vulnerable Plugins

If we identify a plugin or component that is deprecated or vulnerable, Breakpoint may, at its discretion:

remove it,
replace it with a comparable solution, and/or
recommend an alternative.

If a paid replacement is required, the Client is responsible for the cost unless otherwise stated.

9. Payment Terms

9.1 Billing Schedule

Plan fees are invoiced on the 1st of each month for that month’s service period and are due upon receipt. For scheduling purposes, payment must be received no later than the 5th of the month.

9.2 Late Fees

Payments are considered late after 10 days and incur a $35 late fee.

A $55 fee applies per incident for insufficient funds/bounced checks.

9.3 Non-Payment and Service Pause

If payment is not received by the 5th, services may not be scheduled or performed until the invoice and applicable fees are paid in full.

Payments 30 days late may result in cessation of Services until paid, without liability to Breakpoint.

10. Term, Commitment, Upgrades & Downgrades

10.1 12-Month Commitment

Plans are provided per single domain and require a 12-month commitment.

10.2 Upgrades & Downgrades

You may upgrade your Plan at any time.
You may downgrade only once during a service term.

If the Client fails to pay for a plan change, the original plan amount remains due and payable.

11. Cancellation & Renewal

11.1 Cancellation Notice

Either party may cancel with 30 days’ written notice (email is acceptable) prior to the upcoming service period.

11.2 Cancellation During Commitment

If cancellation occurs within the 12-month commitment period, the remaining balance for the term becomes immediately due and payable.

No refunds or prorated credits are provided for partial-month cancellations.

11.3 Automatic Renewal

After the initial 12-month term, the Plan renews into a new 12-month term unless cancellation is received at least 30 days prior to the end of the current term.

11.4 Plan or Price Changes

Breakpoint will provide notice of Plan and/or pricing changes 30 days prior to the end of the service term. If pricing and Plan remain the same, no notice is required.

12. Hosting/License Incentives (When Included)

If your Plan includes managed hosting and/or licensing benefits, the following apply:

Design fee discount (if offered): Any design discount tied to Plan enrollment applies only if the subscription is maintained and paid for the full 12-month term. If canceled early or unpaid, the discounted amount becomes immediately due, in addition to any unpaid subscription fees.
Elementor Pro license (if included): Provided for the life of the active ESM subscription. If the subscription ends or is unpaid for the term and Elementor Pro was installed under Breakpoint’s license, the Client may be charged a $99 licensing fee (as stated) or must procure their own license to maintain access.

If the Plan ends, all hosting and included add-on services/products provided through Breakpoint may be forfeited.

13. Access & Admin Rights

The Client may not lock Breakpoint out of administrator access to the website dashboard or reduce access such that Breakpoint cannot perform Services.

If the Client removes or restricts access:

it is considered a breach of these Terms,
the remaining Plan balance becomes immediately due,
Services may stop immediately,
no refunds (full or partial) will be provided, and
a $100 reinstatement fee plus Plan fees may be required before work resumes.

14. Website Removal for Non-Payment

Failure to pay Plan fees may result in:

removal of the website from public viewing within 30 days, and
removal from the host server within 90 days (where Breakpoint controls hosting).

Breakpoint is not required to provide backups, transfers, recovery, or reinstallation for accounts unpaid for 90 days.

15. Disclaimer of Liability

Because websites rely on third-party providers and software, Breakpoint is not liable for service disruptions, downtime, broken or missing sites, loss of business, or perceived damages resulting from:

hosting provider failures,
plugin/theme/vendor changes,
Client or third-party edits,
failure to renew/pay for domains, hosting, SSL, email, or licenses,
factors outside Breakpoint’s direct control,
Client non-payment or late payment.

Website ownership and operational risk remain with the Client.

16. Website Security Disclaimer

Maintenance, support, and security monitoring reduce risk but do not guarantee a site will be secure, error-free, or always online.

Security tools may detect issues and reduce common attacks, but no monitoring system can guarantee protection against sophisticated or evolving threats. The Client is encouraged to add security layers through their hosting provider when appropriate.

The Client agrees to protect devices used to access the website (updated OS, browsers, security software, and safe password handling). Costs to restore a compromised site are the Client’s responsibility unless otherwise included in a paid Plan scope.

17. Right to Refuse or Terminate Service

Breakpoint may refuse, restrict, suspend, or terminate Services at any time, with or without cause, and without liability. Where feasible, Breakpoint may provide a written notice period (including a 7-day notice in certain situations) but is not obligated to do so.

Contact Info:

Breakpoint WP
1125 Los Robles Blvd. Ste. B
Sacramento, CA 95838
(530) 559-9432
info@breakpointwp.com