Terms of Service
Before using any of the WPDandy 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 WPDANDY SERVICES (“SERVICES”). BY USING THE WPDANDY SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT WPDANDY’S DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
Acceptance of Terms
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the WPDandy 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.
Description of service
The Site is an online service that offers chat and email support to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content WPDandy 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.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance, or repair of the Site or any other reason within or outside the control of WPDandy. WPDandy reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
WPDandy service does not support multi-site WordPress installations.
As a condition to using Services, you are required to open an account with WPDandy and select a password and username, and to provide registration information. 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 WPDandy account.
You may not use as a username 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.
Don’t 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 WPDandy of any security breach of your Account. WPDandy 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 WPDandy account.
Services are available only to legal entities and to individuals who are at least 18 years old.
You agree that you will pay for the Services, and that WPDandy may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING WPDANDY WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
Prices for the Services may change at any time at WPDandy’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
- Payment is collected in advance for each month of Service.
- A month of Service starts on the day payment is successfully received and cleared until the same calendar day of the following month. For example, if payment is made on January 15, Service is valid from January 15 to February 14.
- If the credit card on file is declined when charged, we will attempt to charge it again in three days. If it is declined a second time, we will attempt to charge it again in three days. If it is declined a third time, we will cancel the account.
- Refunds are not given.
- Accounts may be paused between each month of service. They may not be paused within a month of service.
Use of services and rented content
You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by WPDandy and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. WPDandy reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by WPDandy for compliance purposes, and WPDandy reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to WPDandy. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge WPDandy, 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 Site and the Services.
You hereby agree to indemnify and hold harmless WPDandy, 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 WPDandy 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 WPDandy 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 site, 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.
WPDANDY, 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 WPDANDY OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
WPDandy, wpdandy.com and other WPDandy graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of WPDandy. WPDandy’s intellectual property may not be used in connection with any product or service without the prior written consent of WPDandy.
Support Request and 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 email your account manager, firstname.lastname@example.org
WPDandy management may also provide alternative solutions to the client including work that may exceed 60 minutes of effort.
WPDandy provides 24/7 support, but provides no guarantee either expressed or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by WPDandy management or by its assigned agent.
- WPDandy will make an attempt at a support request as long as the request is received by WPDandy within a valid and paid service period.
- For a support request to be considered for fulfillment, WPDandy must receive it via email at email@example.com or in the “Project Management Panel” under the domain wpdandy.com.
Nature Of Support Requests Defined As “JOBS”
Each Job request by the User is subject to a maximum of 60 minutes of development. The effort required for development is exclusively determined by the WPDandy management.
Job requests should fall within the following categories:
- Styling elements with CSS
- Content population & image manipulation
- Creation of basic graphics (e.g. buttons, banners, etc.)
- WordPress consulting (advice and support)
- Theme/plugin audits
- Plugin installation and implementation
If you are unsure about the whether or not a Job request meets these criteria, submit it as a ticket to our support system or your assigned account manager and we will either accept the ticket or deny the ticket based on managerial approval.
Examples of Job requests which shall not meet WPDandy management approval for support:
- Website redesign
- Landing page design
- Custom plugin development
- Custom theme development
- Search marketing/SEO services
- Any fix or task deemed by WPDandy management to exceed 60 minutes effort
HOSTING AND DOMAIN SUPPORT
Any work that pertains to a User’s hosting plan and website domain will be considered hosting and domain work. Hosting and domain support is only offered to User’s on WPDandy’s Pro Plan and it’s use falls under the restrictions outlined for Jobs in this document.
In addition to subscribing to any of WPDandy’s monthly recurring plans, you may request work on a project basis for anything that falls outside of your subscription’s predefined scope. You do not have to be a current subscriber to request work on a project basis.
The nature of the work and its cost will be determined by explicit, written, and mutual consent between you and WPDandy.
Before any work begins, you will provide us at WPDandy with as much detailed information about the requirements of the project as possible to determine the scope of work. Afterwards, a Statement of Work will be provided to you, which will also include the cost to complete the project.
Every project is allowed a maximum of two revisions after completion. Any revision whose work and/or detail was not specified upon the initial agreement of the project is up to the sole discretion of WPDandy and its management to fulfill. If no revisions are requested upon completion or you fail to respond to any communication within 14 calendar days during the course of the project, WPDandy may, at its sole discretion, deem the project closed and completed.
Projects will be billed in two invoices. The first invoice, where 50% of the project’s cost will be billed, will be delivered before beginning any work and must be paid in full before any work begins. The second invoice, where the last 50% of the project’s cost will be billed, will be delivered when the project is deemed closed. All invoices must be paid in full within 15 calendar days of delivery (net 15).
Being an honest group of people WPDandy will make every effort to fulfill the requirements of the requested project work if it is accepted by WPDandy management. However, fulfillment is not guaranteed due to circumstances outside of WPDandy’s control.
If at any time payment of services is not received, we will revert any changes we made for the project.
Security Plan And Security Guarantee
WPDandy will make every effort for its Users to secure the integrity, information, and access to the User’s website. However, any security measure implemented by WPDandy or any outside firm is able to be defeated. Therefore, WPDandy does not provide guarantees to the security of a User’s website.
Upon the User’s website’s security being compromised after implementing WPDandy’s security plan, WPDandy, however, guarantees that it will make an effort to correct the issue. However, results are not guaranteed.
Design and WordPress Consulting
Users of WPDandy may request advice from WPDandy management that pertain to WordPress and other related services. WPDandy does not guarantee the accuracy, reliability, not success of the advice and the outcome upon implementing said advice.
Certain services available may include materials from third parties. WPDandy may provide links to third-party websites as a convenience to you. You agree that WPDandy 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 WPDandy 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 WPDandy management, at its sole and exclusive discretion. Customers deemed to be abusing the WPDandy service will be contacted by the WPDandy management. WPDandy management retains the sole and absolute discretion to suspend service to you if we deem necessary, although a reasonable attempt will be made to switch the Customer to a different plan including but not limited to a custom-tailored plan, created by the WPDandy management.
WPDandy will perform a file and database of your WordPress website at least once a week. Backups are stored on remote servers managed by WPDandy and software is used to perform the backup but the quality of the backup is not guaranteed. If the size of the backup is greater than 2 gigabytes of data, the backup will not be performed.
Termination and Cancellation
Cancellation can occur at anytime. You are never required to stay with us in case you have the option to leave. We are always open for your constructive feedback on how we can serve you better.
WPDandy may terminate or suspend any and all Services and/or your WPDandy 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. If you wish to terminate your WPDandy account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can contact us through the contact page or support area to issue a termination request.
- In order for a termination request to be fulfilled, termination requests must:
- be successfully received by WPDandy via email at firstname.lastname@example.org
- User must receive a confirmation of cancellation
2. Cancelled accounts will be valid for the remainder of the month of Service that was paid unless the payment for the last month of service was invalidated or refunded to the user in any form.
WPDandy 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, WPDandy will notify you by posting an announcement on the site. What constitutes a material change will be determined at WPDandy’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 WPDandy 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 hereunder. WPDandy shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WPDandy’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. WPDandy 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 California between two residents thereof, the parties submit to the exclusive jurisdiction of California 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 here.