Terms of Service

Website Support Terms & Conditions (01/11/16).

The following terms and conditions apply to all website support services provided by WP Buddy to the Client.

These terms and conditions form part of the Agreement between the Client and ourselves, WP Buddy.

The web pages available at wp-buddy.net and all linked pages (“Site”), are owned and operated by WP Buddy. (“WP Buddy”).

  1. Description of Service

The Site is an online service offering support packages to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content WP Buddy makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.

The support services provided will be detailed in the ‘Sign Up’ email that the Client will receive upon application to sign up to the service.

  1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client completes a ‘Sign Up’ email accepting a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Warranties

WP Buddy represents and warrants to the Client that it has the experience and ability to perform the services required by this agreement; that it will perform said services in a professional, competent, and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this agreement shall not infringe upon or violate the rights of any third party or violate any laws.

The Client represents and warrants to WP Buddy that it will provide Client materials as required in a professional, competent, and timely manner; that it has the power to enter into this agreement on behalf of the Client; and that its performance of this agreement shall not Infringe upon or violate the rights of any third party or violate any laws.

  1. Charges

Charges for services to be provided by WP Buddy are defined in the ‘Sign Up’ that the Client receives via e-mail. Quotations are valid for a period of 30 days. WP Buddy reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise in writing, Quotations are based on no face to face meetings being required. If face to face meetings are required after the quotation has been accepted this may incur an extra charge for both time and travel expenses. Any fees if applicable will be confirmed at the time of booking a meeting.

Unless agreed otherwise with the Client, all support services require the monthly payment in advance for the month on the 1st working day of each month.

Payment for services is due by direct bank payment or bank transfer. Cheques are not accepted. Bank details will be made available on invoices.

  1. Support Requests & Monthly Support Time

Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please e-mail [email protected]

Each request not covered in your support plan is subject to a one (1) hour minimum fee. Developer support and customisation hours is billed at an additional £25.00 per hour, per request.

Up to 48 hours response time on non-emergency requests. Requests are subject to approval by assigned agent or WP Buddy management. Emergency or rush requests may be subject to a rush surcharge of £50/hour.

Nature of Requests

Requests should fall within the following categories.

  • UI troubleshooting (HTML, CSS, Javascript)
  • Styling elements with CSS
  • Content Population & Image Manipulation
  • Creation of basic graphics (e.g. buttons, banners, etc.)
  • WordPress consulting (pick our brains)
  • Optimization of CSS, Javascript and Images
  • Theme/plugin audits
  • Plugin installation and implementation

If you’re unsure about the 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 deny the ticket based on managerial approval.

Examples of requests not meeting approval for monthly development time:

  • Website redesign
  • Landing page design
  • Custom plugin development
  • Custom theme development
  • Search marketing/SEO services
  1. Termination

Termination of services by the Client must be requested in a writing and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for support services completed to the date of first notice of cancellation for payment in full within thirty (30) days.

  1. Indemnity

All WP Buddy services may be used for lawful purposes only. You agree to indemnify and hold WP Buddy harmless from any claims resulting from your use of our service that damages you or any other party.

  1. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants WP Buddy the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting WP Buddy permission and rights for use of the same and agrees to indemnify and hold harmless WP Buddy from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.

Where images used on the website have been purchased by WP Buddy on behalf of the client, these images are restricted by license for use on the purchased website only. WP Buddy are not liable for misuse of these images by the client or any other person’s copying, altering or distributing the images to individuals or other organisations.

  1. Standard Media Delivery

Unless otherwise specified in the sign up form, this Agreement assumes that any text will be provided by the Client in electronic format (Standard Word document or via e-mail) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by WP Buddy to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

  1. Access Requirements

If the Client’s website is to be installed on a third-party server, WP Buddy must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

  1. Post-Completion Alterations

WP Buddy cannot accept responsibility for any alterations caused by the Client or any third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to updates, additions, modifications or deletions. The Client has sole responsibility for ensuring that they have back-up copies of the website files.

  1. Website Hosting

If Client selects WP Buddy to host a website the Client must make the agreed annual or monthly payments on time. WP Buddy recommends setting up a standing order to cover this monthly payment. If Client is more than 30 days late in making payment, WP Buddy, at its sole discretion, may remove all material that relates to the Client from its servers. WP Buddy is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges on the Client’s account.

If the client does not use WP Buddy hosting services, then the management and hosting of the website is the full responsibility of the Client. Website hosting can be cancelled by either WP Buddy or the Client at any time by providing 30 days notice. If the client does not wish to renew the monthly hosting, the site files and associated data can be made available to the client on request and any domain name can be transferred to the client’s nominated registrar account. A small admin fee to cover the time to do this may be payable.

  1. Search Engine Optimisation (SEO)

WP Buddy do not take any responsibility for a client’s website rank on search engines as WP Buddy do don’t control these 3rd party search engines. WP Buddy do offer paid marketing consultancy services which may cover Search Engine Optimisation but this would be covered under a separate Agreement.

  1. General

These Terms and Conditions supersede all previous representations, understandings or Agreements. The Client’s signature below or payment of an advance fee constitutes Agreement to and acceptance of these Terms and Conditions. Payment is an acceptance of our terms and conditions.

  1. Governing Law

This Agreement shall be governed by English Law.

  1. Limited Liability

Client hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material advocating illegal activity, and any infringement of privacy or libel.

Client hereby agrees to indemnify and hold harmless WP Buddy from any claim resulting from Client’s publication of material or use of those materials. Client hereby agrees to indemnify and hold harmless WP Buddy from the submission of illegal materials. If WP Buddy shall acquire an Internet domain name on behalf of the Client, then in such case Client hereby waives any and all claims which it may have against WP Buddy for any loss, damage, claim, or expense arising out of or in relation to the registration of such domain name in any online or off-line network directories, membership lists, or registration lists, or the release of the domain name from such directories or lists following the termination of the providing of this service by WP Buddy for any reason. Under no circumstances, including negligence, shall WP Buddy, Its offices, agents, or anyone else involved in creating, producing, or distributing its services, be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use WP Buddy services; or that result from mistakes, omissions, interruptions, deletion, or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to WP Buddy records, programs, or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on WP Buddy services. The entire liability of WP Buddy to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

  1. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

  1. Non-Disclosure

WP Buddy, Its employees, and subcontractors agree that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever.

  1. Arbitration

Any disputes in excess of the maximum limit for small claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon Arbitrator. The Arbitrator’s award shall be final, and judgement may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable Solicitor’s fees, and legal interest on any award or judgement in favour of WP Buddy.