1. User’s Acknowledgment and Acceptance of Terms
WPFastHelp® (“Us” or “We”) provides the WPFastHelp® site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms.
We therefore recommend that you please read these Termscarefully before using this Site as they affect your rights and liabilities under the Law and the basis upon which we will provide our Services, whether you use the Site as a registered user or guest. By using the website, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the Site.
These Terms are effective as of 01/01/2020. We expressly reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms from time to time and to familiarise yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
If you are entering into this Agreement on behalf of a Company or other legal entity, any acceptance of these terms will be considered a representation by you that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you may not proceed.
2. Description of Services
We make various services available on this Site including, but not limited to, WordPress maintenance & support, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the Site, including any of the Site features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that increase or enhance the then-current services on this Site shall also be subject to these Terms.
Our Site is available free of charge to use but you only have permission for temporary use of the Site, and we can withdraw or change our service at any time without telling you and without being legally responsible to you.
If you allow anyone else to use our Site, you must make sure that they read these Terms first, and that they follow them.
We make all reasonable efforts to ensure that all general descriptions of the Services available from us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
3. Registration Data and Privacy
In order to access some of the Services on this Site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
4. Conduct on Site
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate.
We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server. Not all areas of the Site may be available to you or other authorised users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
6. Unauthorised Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should notify us immediately at the following email address: firstname.lastname@example.org
7.Our legal responsibility to you
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM
THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
You understand and agree that temporary interruptions of the Services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “As Is” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
We do not guarantee the accuracy of material on our Site. As far as legally possible, we exclude legal responsibility for any loss to you arising from use of our Site. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
8. Limitation of Liability
To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein. Users should be aware that they use the Site and its Content at their own risk.
We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
Nothing in these Terms excludes or restricts Our liability for any direct or indirect loss or damage arising out of the incorrect provision of Our Services or out of reliance on incorrect information included on the Site.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
11. Termination of Use
As already stated, You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
12. Governing Law
These Terms and the relationship between you and us shall be governed by and construed in accordance with the Law of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com if by email, or at our head office WPFastHelp® Limited, Gagarina 11, 218 Sumy, Ukraine. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
14. Entire Agreement
15. Support Requests & Development Time
Support must be requested through our support ticket system so that it can be categorized and responded to in a timely manner. You will be notified via email with information about our support ticket system upon registration which you will find in our customer portal area. Support requests are subject to approval.
Support cannot be requested via phone, live chat or email.
Acceptable support requests would include the following:
- Theme/plugin troubleshooting
- Site optimization inquiries (load time, caching, etc)
- Plugin/code conflicts
- Theme/plugin installation
Unacceptable support requests would include*:
- Custom theme/plugin development
- Site design
- SEO setup/troubleshooting
*For Pro and Business plan customers you get inclusive website improvements (development time) each month and can request any custom changes or development to your website with this time.
If you have questions regarding the nature of your support request please contact us at firstname.lastname@example.org for clarification. While we will do our best to keep the same developer assigned to individual projects we cannot guarantee this at any time.
16. Any Orders for Services
Our Site will guide you through the ordering process. Before submitting your Order to us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
These terms will not be binding upon you for the purchase and supply of the Services until such a time as you have placed your order to purchase the products (your “Order”), and you receive an email from us acknowledging receipt of your Order and that your Order will be processed for delivery in accordance with your chosen method i.e. how we will provide our WordPress support plan services to you.
We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.
We offer no representations or warranties that the Goods and/or this Site offered will be accessible, or usable by you or without any faults. We agree to notify you at the earliest opportunity if there are any technical faults which would delay the processing of your Order.
We reserve the right to refuse an order placed by you, if the Order is in breach of these terms in any way or if the use of the images, either infringes a third party’s intellectual property rights or they are corrupted, unsupported technically or inadequately pixelated. On occasions, the Order may be refused because we cannot provide the Services to you for whatever reason, in which case we will notify you and offer you either an alternative or refund.
You may change your Order at any time before we begin providing the Services by contacting us at the following email address email@example.com. We will confirm any changes in writing with you.
If you change your mind and no longer wish to proceed with the Services, you may cancel your Order or the Contract before or after we begin providing the Services subject to these Terms and Conditions. Any cancellation must be within 14 days after your acceptance of the Order and must be communicated to us in writing.
17. Refund Policy
You may cancel our Services at anytime by contacting us in writing by conventional mail to our head office: WPFastHelp® Limited, Gagarina 11, 218 Sumy, Ukraine – requesting cancellation of the Services but in any event, you have the right to cancel the Services within 14 days of after your acceptance of the Order. Your service will cancel/terminate within 2 business days of notifying us. If you feel the service we provided does not match the level of support offered at time of purchase, you can write to us outlining your reasons for a refund.
18. Events Beyond Our Control
We shall have no responsibility or liability for any failure to perform, or delay in performance or any of our obligations under the Terms that is caused by events outside of our control.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this site.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
20. Contact Information