These are the standard terms and conditions for Website Maintenance Plans and apply to all contracts and all work undertaken by S. Mulder d.b.a. WP WebMaster Service (“S.Mulder”, “wpwebmasterservice.com”,”us”, “we”, or “our”) for its clients (“you”, “your”, “them”, “their”, “client(s)”).
WP WebMaster Service is operated and owned by S. Mulder, Sole Trader, Shrewsbury – England.
We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
By purchasing services from WP Webmaster Service under the WP WebMaster Service Brand, you agree to be bound by the following terms and conditions.
You agree that it is your responsibility to review this Terms of Use information periodically to familiarize yourself with any modifications and that your continued use of this site and our services after such modifications will constitute agreement to any modified terms and conditions.
1. SERVICE DESCRIPTION
WPWebmasterService.com is an online maintenance and support service exclusively for single-site WordPress installations. Services include, but are not limited to, any and all services listed publicly on WPWebmasterService.com or offered privately to each individual client.
2. SUPPORT REQUESTS
Support requests must be submitted through email at info@wpwebmasterservice.com
Acceptable use of support requests include:
- Hack or disaster recovery request
- Theme/Plugin troubleshooting (non-urgent requests)
- WordPress core file problems
- Other errors
- Research and recommendations for plugins
- Site migrations
- Other questions
Unacceptable support requests include:
- Updating of plugins like shopping carts, membership management and other complex commercial plugins is not included except with our Gold Plan. Our Silver and Bronze clients can purchase additional support time for this.
- Design and development of custom themes or custom plugins and custom programming is not included for discounted add-on hours, nor is repairing complex custom templates for commercial plugins such as WooCommerce.
- Urgent editing or troubleshooting of commercial themes and plugins is not included as a support feature – for this you will need to contact your theme developer or plugin developer.
- Re-design or adding new themes/features/plugins to your website is not included as a support feature – for this you can request a separate quote.
- SEO Help
- Issues related to your Hosting Service provider or any 3rd party network/service
Support time is included in Bronze (30 minutes/month), Silver (1 hour/month) and Gold (2 hours/month) plans. Additional Support time may be purchased at the discounted hourly rate (EUR 25 for support and content management / EUR 45 code changes)
Note that all support requests count against time included or purchased with any Plan.
4. DISCLAIMER OF WARRANTIES
All the materials and services on this website are provided on an ‘as is’ basis with no warranty of any kind, express or implied, including suitability for any intended purpose.
We make no warranty that:
- Our services and materials will meet your requirements or expectations;
- Our services and materials will be compatible with your hosting environment;
- Our services and materials will be error-free;
- Our services and materials will be uninterrupted;
- Results from the use of our services and materials will be accurate or effective.
This website could include mistakes, inaccuracies or technical errors. We may make changes to the website at any time and information about such services and materials could be out of date.
We are not responsible for any damages your business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
You understand and agree that temporary interruptions of the services provided by WP WebMaster Service may occur as normal events. You further understand and agree that we have no control over your host or any third-party networks you may use in the course of the use of this site or our services, and therefore, delays and disruption of such networks are completely beyond our control.
You understand that all web hosts are different and that all of our services may not work with every host server setup. We will notify you during account setup if there are going to be problems using our services with your hosting setup. If settings on your host server change during your account period with us, that may affect our services and we will notify you if problems arise.
You agree that content provided by us for download to your computer or to other devices may not be error-free, and that you are solely responsible for damage incurred to devices or loss of data as a result of such download.
5. LIMITATION OF LIABILITY
Your exclusive remedy and our entire liability under this contract, if any, for any claim(s) for damages will be limited to the amount of our charges paid by you during the twelve (12) month period preceding the event giving rise to such claim.
In no event will WPWebmasterservice.com (WP Webmaster Service) be liable to the customer for any claims relating in any way to lost profits or other consequential, incidental, indirect or special damages relating in whole or part to this contract or the use or inability to use our materials and services.
6. INDEMNIFICATION
You agree that you shall defend, indemnify, save and hold WPWebmasterservice.com (WP Webmaster Service) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against WP Webmaster Service, its agents, its customers, officers and employees, that may arise or result from your use or misuse of this website and our services.
You agree to defend, indemnify, and hold harmless S. Mulder/WPWebmasterservice.com against liabilities arising out of any injury to person or property caused by (1) any products or services sold or otherwise distributed in connection with WP Webmaster Service’s service; (2) any material supplied by you that infringes on the property rights of a third party, including, but not limited to infringement of copyright, trademark, or trade secrets; and (3) any claim, suit, penalty, tax, or tariff arising from your use of Internet electronic commerce.
7. PRICES & PAYMENTS
All prices appearing on this site are subject to change without notice. All prices are in Euro. S. Mulder/WP Webmaster Service is exempt from charging VAT.
Payments are due before the start of a new service term and can be transferred by Paypal or bank.
Payments not received before the start of a new service term must be made within 5 days or the account will be temporarily suspended. Once payment is made successfully the suspension will be removed.
Price changes in services to existing clients will be announced at least 30 days before they take effect.
8. GOVERNING LAW
The laws of The United Kingdom, without reference to conflict of law provisions, will govern the validity of this Terms of Use Agreement, the construction of its terms and the interpretation of the rights and duties of the parties involved. Unless waived by S. Mulder/WPWebmasterservice.com (which it may do in its sole discretion) the exclusive jurisdiction and venue of any action with respect to the subject matter of this Terms of Use Agreement shall be The United Kingdom, and you agree to this waiving any objections on the basis of venue, jurisdiction or inconvenient forum.
9. COPYRIGHT
WPWebmasterservice.com (WP Webmaster Service) does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
10. PROMOTIONS
Promotional offers are not cumulative.
11. CANCELATION & REFUNDS
Cancellation of any monthly recurring service can occur at anytime. Service is month to month, and there are no contracts. To cancel simply contact us at least 48 hours prior to the start of the next monthly recurring service period starts.
We maintain a policy of no refunds. Due to the month-to-month, cancel anytime nature of this agreement we shall not be compelled to issue a refund, pro-rated or otherwise for any reason. We do reserve the right to issue a refund on a case-by-case basis at our sole discretion.
12. ACCUMULATION OF SUPPORT TIME
Support time can not be accumulated/transferred to the next monthly service period. Support time must be used every month or you will forfeit your Support time for that month.
13. REFUSAL OF SERVICE
WPWebmasterservice.com (WP Webmaster Service) reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.
14. ACCEPTANCE
Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. WPWebmasterservice.com (WP Webmaster Service) reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
15. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practices.
16. WEBSITE PERFORMANCE
We do not guarantee any specific website/page performance. We perform basic website optimisation according to current best practices.
17. SECURITY
You are responsible for your website security. We do not guarantee any specific website security level, regardless of the chosen security measures and software. You will hold harmless, protect, and defend and indemnify WP WebMaster Service and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your and your clients’ use of your website.
We strongly advise investing in professional security software and services, if you choose not to we will install a free version firewall/antivirus application and perform basic website security according to current best practice.
18. PRIVACY
You are responsible for complying with all relevant laws relating to privacy, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify WP WebMaster Service and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of your website.
19. E-COMMERCE
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify WP WebMaster Service and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
20. MORE INFORMATION
Please contact us with any questions regarding the WPWebmasterservice.com (WP Webmaster Service) terms of service by email info(at)wpwebmasterservice(dot)com