Before using any of the WP Support and Maintenance services, you are required to read, understand, and agree to these terms. You may only create an account after reading and accepting these terms. The legal agreements set out below govern your use of the WP Support and Maintenance services (“services”). By using the WP Support and Maintenance services you agree to these terms, as such may be amended from time to time at WP Support and Maintenance’s absolute discretion. If you do not agree to these terms, you are not authorized to use the services.
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
The Website is an online service that offers help and support to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content WP Support and Maintenance makes available to or performs for you, as well as the offering of any materials displayed, transmitted ,or performed on the Website or through the services.
Your access to and use of the Website may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Website or any other reason within or outside the control of WP Support and Maintenance.
As a condition to using Services, you are required to open an account with WP Support and Maintenance, select a password and username, and to provide additional information requested upon registration. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your WP Support and Maintenance account.
You may not use as a username that is the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Do not reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify WP Support and Maintenance of any security breach of your account. WP Support and Maintenance shall not be responsible for any losses arising out of the unauthorized use of your account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your WP Support and Maintenance account.
The term “you” or “your” as used herein shall at all times include the individual or legal entity that has subscribed to the WP Support and Maintenance Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
You agree to allow our agents the right of access to equipment and data, as is reasonably needed, for purposes of installing, servicing, configuring, maintaining, inspecting, upgrading, replacing and removing the services and/or equipment used to receive any of the Services. In so doing WP Support and Maintenance will take all reasonable care to insure the work is complete in a professional manner with minimal interruptions to Services. In all instances WP Support and Maintenance’s liability will not exceed what is provided within this Agreement.
Full payment is required before any service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax, unless requested and agreed upon in writing before service is rendered. Prepayment is due each anniversary (one month, one year, or other agreed upon period) following the date the account was established. Billing will continue automatically and indefinitely until you cancel your account. If a payment is declined, we will suspend the services and contact you immediately of the failed transaction. There is a 5 day grace period in which a full payment may be made, with an overdue notice being emailed every day. If a payment is not made at the end of this grace period, the account may be promptly shutdown and services terminated. The customer is fully responsible for making sure payment is made in a timely manner and is fully responsible for keeping accurate billing information on file.
As a policy, we do not offer credits or refunds for services already completed for that month. WP Support and Maintenance considers all credit card or PayPal chargebacks for services rendered, or partially rendered, to be fraudulent. Such accounts will be assessed a $50 fee, per incident, and have their balance sent to a third-party collections agency. Please follow the refund procedures we have defined.
We do not give refunds for full months unused and billing is only done on full month or annual terms. If you decide to cancel after prepayment, you will not receive a refund for the current term in use. Additional support requests can be added at any time. WP Support and Maintenance reserves the right to change prices at any time, but will notify all clients 30 days prior to such changes taking place.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge WP Support and Maintenance, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Website and the Services.
You hereby agree to indemnify and hold harmless WP Support and Maintenance, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or WP Support and Maintenance Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall WP Support and Maintenance be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the Website, the Service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
WP Support and Maintenance and their licensees, affiliates, and licensors make no warranties, express or implied, with respect to the services, including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. Your sole remedy, and our sole liability, shall be your ability to terminate the service effective upon receipt by WP Support and Maintenance of your written notice of termination, to the fullest extent allowed by applicable law.
WP Support and Maintenance, wpsupportandmaintenance.com and other WP Support and Maintenance graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of WP Support and Maintenance. WP Support and Maintenance’s intellectual property may not be used in connection with any product or service without the prior written consent of WP Support and Maintenance.
Upon enrolling in our WordPress Maintenance packages, WP Support and Maintenance will install tracking codes to monitor website activity and perform routine backup and updates, and monitor security risks. If you choose to utilize our hosting services you are also agreeing to our hosting terms of service.
The client is responsible for making timely backups. If client has enrolled in WP Support and Maintenance’s maintenance service, we are simply making restore points at the intervals the client has requested; biannually, quarterly, or monthly. If loss of data occurs due to a failure on WP Support and Maintenance’s part, we will take reasonable action to recover the data in-house at no charge to the client. If data loss occurs due to negligence of client in securing their account, by an action of the client, or any actions not under the direct control of WP Support and Maintenance, WP Support and Maintenance will have no liability.
SUPPORT REQUESTS & REASONABLE USE
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please submit a support ticket.
Each request is subject to a maximum of 30 minutes of development. The effort required for development is exclusively determined by the WP Support and Maintenance management. For work outside of the scope of the WP Support and Maintenance 30 minute development agreement, WP Support and Maintenance management may provide a quote or alternative solutions to the client including referral to the WP Support and Maintenance partners.
WP Support and Maintenance provides timely support, but provides no guarantee, neither express nor implied, on the time frame of when a support request can or will be resolved.
Your requests are subject to approval by WP Support and Maintenance management.
NATURE OF REQUESTS
You may view samples of requests that will meet WP Support and Maintenance ticket requirements as well as those requests that will require an individual quote on our support page.
If you are unsure about whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or provide you with an alternative based on WP Support and Maintenance managerial approval.
Certain services available may include materials from third parties. WP Support and Maintenance may provide links to third-party websites as a convenience to you. You agree that WP Support and Maintenance is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that WP Support and Maintenance is not in any way responsible for any such use by you.
UNLIMITED AND REASONABLE USE
The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by WP Support and Maintenance management, at its sole and exclusive discretion. Customers deemed to be abusing the WP Support and Maintenance service will be contacted by WP Support and Maintenance management. WP Support and Maintenance management retains the sole and absolute discretion to suspend Customer’s service
TERMINATION & CANCELLATION
Cancellation can occur at any time. You are never required to stay with us – in fact, we would prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.
You may cancel at anytime, unless otherwise stated in a written contract or agreement. To cancel your service, please email [email protected] or submit a cancellation through your PayPal account. Notification of cancellation must be received prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the client’s responsibility to secure email confirmation from WP Support and Maintenance that the service has been cancelled. If the client has not yet received email confirmation of service cancellation, then the account remains active, and you will continue to be billed. Clients are responsible for all charges associated with a service until cancellation is verified via email.
WP Support and Maintenance may terminate or suspend any and all services and/or your WP Support and Maintenance account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the services will immediately cease. No refund will be issued in this case.
We reserve the right to refuse service to anyone for any reason not prohibited by law.
WP Support and Maintenance reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, WP Support and Maintenance will notify you by posting an announcement on the Website. What constitutes a material change will be determined at WP Support and Maintenance’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind WP Support and Maintenance in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights herein. WP Support and Maintenance shall not be liable for any failure to perform its obligations herein where such failure results from any cause beyond WP Support and Maintenance’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. WP Support and Maintenance may transfer, assign or delegate the Terms and its rights and obligations without your consent.
The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Colorado, the parties submit to the exclusive jurisdiction of Colorado courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.