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Unlimited WordPress Maintenance Package
Terms and Conditions
1. Agreement Overview
This agreement (“Agreement”) outlines the terms and conditions under which WOWebsites (“Company,” “we,” “us,” or “our”) provides its Unlimited WordPress Maintenance Package (“Service”) to its clients (“Client” or “you”). By purchasing this Service, you agree to comply with and be bound by these terms.
2. Scope of Services
The Unlimited WordPress Maintenance Package includes:
- Routine maintenance tasks for WordPress websites, such as updates, troubleshooting, and basic optimizations.
- Unlimited support requests during active Service periods.
- Work performed exclusively during business hours: 8:00 AM to 5:00 PM Eastern Standard Time (EST), Monday through Friday.
- Resolution of support tickets within 24 to 72 hours, addressed on a first-come, first-served basis.
Exclusions: The following are not included in this Service:
- Web design or redesign services.
- Custom programming, coding, or feature development.
- Server maintenance, including hosting-related issues.
Additional services outside the scope of this Agreement may be provided upon request and will be billed separately.
3. Service Level and Limitations
- Timelines: While we strive to resolve support tickets promptly within the stated timeframe, some requests may take longer due to complexity or unforeseen circumstances. We will notify you if delays are expected.
- Support Requests: Only maintenance-related tasks are eligible. Requests outside the defined scope will not be fulfilled.
- Work Completion: Tasks will only be performed during business hours. Tickets submitted after hours will be addressed on the next business day.
4. Client Responsibilities
The Client agrees to:
- Provide accurate, timely, and complete information required for requested tasks.
- Ensure compliance with applicable laws, including copyright and intellectual property rights, regarding any content provided to us.
5. Data Security
The Company will take reasonable measures to ensure the security of the Client’s website and data. However, the Company is not responsible for breaches or data loss caused by third-party services, hosting providers, or malicious attacks. It is the Client’s responsibility to maintain strong passwords and provide secure access credentials.
6. Refund Policy
The Service is provided on a subscription basis and is non-refundable. Refunds for any unused portion of the subscription will be issued only at the Company’s discretion in cases of proven non-performance or service errors.
7. Communication and Escalation
Support requests must be submitted through our provided platform. Any urgent issues can be flagged for priority handling, but resolution times are subject to availability and the complexity of the request.
8. Service Suspension
The Company reserves the right to suspend the Service in the event of non-payment, failure to provide requested information, or breach of this Agreement. The Service will resume once the issue is resolved.
9. Maintenance-Specific Limitations
The Company will not be liable for issues arising from outdated themes, unsupported plugins, or third-party software conflicts. The Client may need to purchase updated licenses or replacements for incompatible software to facilitate maintenance tasks.
10. Monitoring and Reporting
While the Service includes routine monitoring of website performance and functionality, detailed performance reports or advanced analytics are not included and must be requested as a separate service.
11. Accessibility Compliance
The Service does not include ensuring compliance with web accessibility standards, such as ADA or WCAG, unless specifically stated
12. Limitation of Liability
To the fullest extent permitted by law:
- The Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to the use of this Service, even if advised of the possibility of such damages.
- The Company’s total liability under this Agreement shall not exceed the amount paid by the Client for the Service during the six (6) months preceding the event giving rise to the liability.
13. Indemnification
The Client agrees to indemnify and hold harmless the Company, its employees, contractors, and affiliates from and against all claims, damages, losses, and expenses (including legal fees) arising out of or related to:
- Any breach of this Agreement by the Client.
- Misuse of the Service.
- Violations of intellectual property rights or applicable laws resulting from content or instructions provided by the Client.
14. Termination
Either party may terminate this Agreement at any time with thirty (30) days’ written notice. The Company reserves the right to terminate the Service immediately if:
- The Client violates the terms of this Agreement.
- The Client fails to make timely payments.
No refunds will be provided for unused portions of the Service unless explicitly agreed upon.
15. Amendments and Updates
The Company reserves the right to amend these terms and conditions at any time. Any changes will be communicated to the Client via email or a public notice on our website. Continued use of the Service constitutes acceptance of the updated terms.
16. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is headquartered in Virginia, without regard to conflict of law principles.
17. Dispute Resolution
Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitration will be held in the Company’s jurisdiction, Virginia, USA.
18. Force Majeure
The Company shall not be held liable for any delay or failure to perform due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, cyberattacks, or governmental actions.
19. Entire Agreement
This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements, representations, and understandings, whether written or oral.