Terms of service between WordPress Administer and You
1.0 In Brief
You ("customer") are hiring WordPress Administer (“we”, “us”, or “our”) to create, setup, manage and/or host a WordPress website for you.
We like to think that our terms are easy to understand: if you are fair to us, we will be fair to you! It's that simple.
2.0 Our Care Plans
We provide a number of WordPress care plans. It should be made clear that none of the services we provide as part of our care plans should be seen as a repair service, and should not be used as such.
Before providing any service to you we will carry out an audit of your current website and discuss your needs and requirements. We will only fix minor * issues on a migrated website at our discretion.
We will fix any issues that arise while you have an active care plan with us, but these may not necessarily be covered. Please see our care plan features in more detail to see exactly what's covered.
3.1 Extent of Work
Installation on our hosting servers is limited to the uploading of all necessary files, database creation, and testing of functionality. No registration of the Website with Search Engines will be undertaken unless otherwise agreed with you. SEO and other Search Engine functions will not be applied unless an SEO agreement has been discussed and agreed upon as well as paid accordingly. We do however endeavour to ensure that your site is SEO friendly and will add some additional SEO foundations so that your site has a good start.
3.2 Maintenance and Correction of Errors
We take no responsibility for the functionality or maintenance (unless a care plan is in place) of the website after the work has been completed. Errors (both technical and typographical) attributable to us will be corrected free of charge, but we reserve the right to charge a reasonable fee for correction of errors for which we are not responsible. This includes, but is not limited to, malicious modification of the website by a third party and typographical errors contained in materials provided to us by the you.
3.3 Third Parties
We can take no responsibility for services provided by third parties through us or otherwise, although we will do all we can to ensure that website downtime is kept to an absolute minimum.
3.4 Consequential Loss
Under no circumstances will webe responsible or liable for financial or other loss or damage caused by the failure or use or misuse of our software, websites and/or all other technologies and products. You should ensure that data on your site is regularly backed up and that a contingency plan is in place to minimise possible losses as a result of software failure. Alternatively we offer a backup service as part of our care plans.
3.5 Status and Duration of Offers
Proposals and offers for custom website design and development services are valid for a period of one month from the date issued. We are not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the month that the offer is valid. If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired.
3.6 Search Engine Listings
We do not guarantee listings on Search Engines and you accept that it is Search Engines and not us who determines who they list and who they will not. You further understand there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all. We do not control Search Engines’ algorithms and huge shifts can appear daily, weekly or even hourly.
We provide free technical support as it relates to a healthy website experience up to 30 days after payment has been made in full. Beyond that we offer care plans for WordPress websites which you may consider taking out.
4.0 Completion Of Work and Payment
4.1 Completion of Work
We agree to completing the work in accordance with our standard terms and conditions to the specifications previously agreed with you. The agreed completion date is approximately 30 to 60 days for standard CMS websites and 60 to 90 days for standard eCommerce websites.
If the work is a custom design and/or development project, the delivery schedule will be agreed between both parties prior to the start of the project.
We will not charge more than the amount previously agreed unless you have varied the specifications of the Work since the agreement. We will not undertake changes to the specifications of the work which would increase the cost without prior written authorisation from you.
4.2 Supply of Materials
You will supply all materials and information required for us to complete the work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed materials.
Where your failure to supply materials prevents progress on the work for more than 7 days, we reserve the right to move you to the back of the queue or terminate creation of your website. We often have several clients in a queue waiting for our services so timely responses from our customers during the creation process is very important.
4.3 Approval of Work
On completion of the work you will be notified and have the opportunity to review it. You should notify us in writing of any unsatisfactory points within 7 days of receipt of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the remaining payment will become due if applicable.
4.4 Rejected Work
If you reject the work within the 7 day review period, or will not approve subsequent work performed by us to remedy any points reported by you as being unsatisfactory, and we consider that the you are being unreasonable in his repeated rejection of the work, the contract will be deemed to have expired and we can take any legal measures to recover both payment for the completed work and reasonable expenses incurred in recovering payment.
Upon completion of the 7 day review period, we will invoice the you for the remaining balance if applicable, which in the absence of agreement to the contrary, is to be paid by the you within 7 days of the date that the invoice was issued.
4.6 Remedies for Overdue Payment
If payment has not been received by the due date we have the right to suspend ongoing work for you and hosting services, if applicable, until such time that full payment of the outstanding balance has been received.
If full payment has still not been received after the final reminder due date, we have the right to replace, modify or remove the website and revoke the your license of the work until full payment has been received. By revoking your license of the work or removing the website from the Internet, we not remove your obligation to pay any outstanding balance owing.
5.0 Intellectual Property
5.1 Offers and Proposals
Offers and proposals made by us to potential clients should be treated as trade secrets and remain our property. Such offers and proposals, or the information contained within them, must not be passed to third parties or publicly disseminated without prior written authorisation from us. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
5.2 Warranty by Client as to Ownership of Intellectual Property Rights
You will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material you supplie to us for inclusion on the website.
The conclusion of a contract between us and you shall be regarded as a guarantee by you to us that all such permissions and authorities have been obtained and that the inclusion of such material on the website would not constitute a criminal offence or that of civil relevance.
By agreeing to these terms and conditions, you remove our legal responsibility and indemnify the same from any claims or legal actions however related to the content of your site. In clear terms, we takes no responsibility for any content on or around your website and are in no way liable for any such content.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.
5.3 Domain Name
Any domain name obtained will belong to you if that registration has been paid for in full (either separately or as part of a website design project).
You agree to indemnify us, including any incidental costs, against any claims that a domain name applied for, or obtained, violates the intellectual property rights of a third party. You warrant that the domain name sought is not a trademark of a third party.
Once we have received full payment of all outstanding invoices and the work has been approved by you, you will be the owner of the website and its contents. The custom code which provides the extended functionality of the website, ie non-standard WordPress code, will remain the copyright of us and the client will be granted a license to use it. The intention of this clause is to allow us to re-use the code without limitation, and to prevent the Client from selling code at a commercial level as their own intellectual property.
6.0 Rights and Responsibilities
6.1 Right to Terminate
We reserve the right to refuse or break a contract without prior notice if it is believed that you, your Website, or any material is illegal, immoral or otherwise unacceptable.
If you break any rules detailed in this document we reserve the right to break this contract and no payments shall be refunded.
If you fail to respond to us and/or any of our workers/contractors/employees within 10 days of the initial contact attempt, you will be considered idle and your project will no longer be a priority until further notice. We also reserve the right to terminate any and all work obligations and contracts agreed to by you if you fail to respond within 10 days. Any money paid will not be refundable after termination and we reserve the right to collect the remaining funds on that project whether the project has been completed or not.
6.2 Events Beyond Our Control
We will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire, or other events beyond our control.
6.3 Supply and Pricing of Services
We reserve the right to use whoever we feel appropriate at the time for third party software and services, and to alter our prices as necessary without prior notice and without affecting existing contractual pricing agreements.
6.4 Term and Terminations
The term of our care plan agreement and any order is one month, starting from the date of purchase. Upon expiration of the initial term, this agreement and any order automatically renews for successive one month periods unless one party notifies the other in writing of its intent not to renew. This should be no later than thirty days prior to the expiration of the then-current renewal term, or the agreement or order is otherwise terminated in accordance with the terms of this agreement.
Either party may terminate this Agreement and any Order at any time for any reason or no reason by providing the other party with 30 days’ prior written notice. Additionally, we may terminate this Agreement or any Order immediately if (i) you fail to pay for Services on time, (ii) your use of the Services endangers or negatively affects our networks or systems, violates the law, or inhibits our ability to provide services to our other customers.
Upon any termination or expiration of this Agreement, we will stop providing the Service. This means that Customer’s Content may not be available or recoverable if we host your website. If we only provide maintenance for your site then all security monitoring, updates and backups will stop. It is the customer’s responsibility to request a full backup copy prior to termination. This will be needed if, for example, you wish to migrate your website to another host. Once a service is terminated website content and databases are deleted and are not recoverable.
6.5 Website ownership (if we created your website)
You own your website and content. If you choose to move to another service provider our service and obligation to provide a service or support will stop once you have requested to cancel and/or upon us sending you your website files.
It is your responsibility or your new service provider to move your website and reinstall the site on their service. If you have taken out a care plan with us we take regular backups as part of that service, so if you need a backup of your website please just ask.
We may have provided - free of charge - premium themes or plugins as part of the service to you. It is your responsibility to purchase new licenses for these once you have requested to cancel and/or upon us sending you your website files.
7.0 Free Hosting
7.1 Website Hosting and Email
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance cover in respect of any loss or damage to Material stored on the Server.
You represent, undertake and warrant to us that you will use the Website allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
- You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
- You will not post, link to or transmit
- any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
- any material containing a virus or other hostile computer program.
- any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
- You will not send bulk email, whether opt-in or otherwise, from our network, for any purpose.
- You will not employ programs which consume excessive system resources, including but not limited to bandwidth, processor cycles and memory.
We reserve the right to remove any material which we deem inappropriate from your website without notice. We do not host Warez or illegal MP3 content.
You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
Any access to other networks connected to hosting suppliers must comply with the rules appropriate for those other networks.
While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
We accept no responsibility for the performance of email reply forms. Spam filters, security software and a variety of other factors can, without warning, cause such forms to fail to reach their recipients or to be dismissed as junk and data lost as a consequence
7.2 Service Availability
We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
7.3 Hosting Service usage limitations
All our Hosting Service packages come with a limited web space allowance provided that:
- your Material is linked into web pages;
- you do not use the Hosting Service as a backup of, or repository for, your Material;
- you maintain good housekeeping to maintain your Material
You will only be allowed to use a limited amount of our server’s processing capacity when using the Hosting Service package. At our absolute discretion, we may allow your usage to exceed this limitation, and we will speak to you about your hosting requirements if your usage has, or may have, a detrimental effect on our other customers.
We reserve the right to move your hosting account and any software (including, but not limited to: websites, email and other material) between any of our servers, giving 7 days notice. You may be required to point any related domain names to the new hosting location to resume normal service.
8.0 Displaying our work
We love to show and promote our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
9.0 Survival of Contract
This contract stays in place for the duration of your service. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. We reserve the right to update this contract at any time.
10.0 Change Log
- Policy instigated