Terms and Conditions of Service

Last updated August 21, 2014.

WPProtection.company is owned and operated by WPprotection, LLC (hereinafter referred to collectively as the “site,” “we,” or “us”). We provide services to you, the user, subject to your agreement to all of the terms and conditions set forth herein, as well as additional written agreements, if any, between you and us. By visiting WPProtection.company, accessing the information and resources we provide, and purchasing services from us, you hereby accept and agree to be bound by the following terms and conditions (hereinafter referred to as the “Agreement”). your acceptance of this agreement becomes effective immediately upon commencement of your access to wpprotection.company and the information and services provided therein.

This Agreement is effective as of August 21, 2014. We expressly reserve the right to change, alter, and modify this Agreement from time to time without notice. You hereby agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any such changes. Your continued access and use of this site shall constitute your acknowledgment and agreement to be bound by this Agreement as modified.

Services

We provide various services on this site including, but not limited to, maintenance and support services for WordPress websites. We reserve the right to modify, augment, enhance, or discontinue the site as well as any and all services advertised or provided at any time with or without notice to you. We will not be liable to you or any third party should we exercise that right.

Limitations and Restrictions on Services

  • Updates causing a break: Updates to a new WordPress version, the plugins, and even themes may occasionally cause an error or a break with some other aspect of your website. While we will do our best to correct these breaks, sometimes a new solution is necessary. If the fix it not an easy one, we will restore your previously working website and contact you to discuss possible actions, which actions may include us doing work for an additional cost. While these types of issues are difficult to quantify, it is a rare occurrence. Possible issues that would require additional costs may include, but are not limited to, replacing a theme, replacing an outdated plugin with a new plugin, having to modify custom code, and other unpredictable situations. WE ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR WEBSITE OR ANY PORTION OR CONTENT THEREOF BEING DOWN, INTERRUPTED, OR OTHERWISE UNACCESSIBLE FOR ANY LENGTH OF TIME.
  • Theme updates: Themes come in three forms. First are themes that exist in the WordPress repository or are setup to be updated through the backend of WordPress. Second are premium themes that are purchased from a third party such as Theme Forest. Third are custom built themes that may or may not have updates available. As a result, only updates to themes from the repository will be included in the ‘Silver’ service level. Updates to premium themes will only be included in the ‘Gold’ and ‘Platinum’ service levels. Custom Themes are not supported in any service level. If there is a break or other type of error, the cause of which is determined to be a result of the custom theme, this may require a theme rebuild. In that event, we may be able to assist you with the theme rebuild for an additional cost or can refer you to a qualified web designer if needed.
  • Backups: Backups are done weekly and stored securely in ‘the cloud.’ Daily backups are only included in the ‘Platinum’ service level. While errors rarely occur with backups, occasionally a backup is corrupted and we must go back further to restore your site. This does mean that you may need to recreate some content. On very rare occasions all backups are corrupted and no restoration is possible; such an occurrence may be an indication that there is something inherently wrong with the setup of your website and that there may be Malware on your website. This is highly unlikely but must be stated. We accept no liability or responsibility for any corruption or other error that might occur with backups.
  • Monthly Reporting: Monthly reports may include the number of plugins updated (though not the specific plugins that were updated), the number of times the WordPress platform was updated, and the number of times a WordPress repository theme was updated. These reports will not include information on Premium theme or custom-built theme updates.
  • Real Time Monitoring: Monitoring will be done in five (5) minute intervals. It is possible for your website to be down for five minutes before we are notified. While we treat these situations seriously, our response time is not immediate, and it may take several hours for a response and resolution. WE ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR WEBSITE BEING DOWN OR OTHERWISE UNACCESSIBLE FOR ANY LENGTH OF TIME.
  • Broken Link Checking: We will check your website periodically for broken links and will inform you of any discovered breaks. It is your responsibility to fix these broken links. Upon your request and for an additional cost, we may fix the broken links for you.

Authorization

You are hiring us as an independent contractor to perform the work and provide the services as described in the specific package(s) or service(s) you purchase. You hereby authorize and agree to provide us with access to your WordPress account and any other third party hosting provider.

Monthly Subscription and Payments

All prices appearing on this site are subject to change without notice. Subscriptions are on a month-to-month basis and can be cancelled at any time. Monthly subscription payments are non-refundable. Monthly payments are done through PayPal subscriptions which requires that you have a PayPal account. If you want to utilize this service but do not want to use PayPal, there will be an additional monthly charge of ten dollars ($10) and you will be required to contact us directly to put a credit card on file. Payments will be charged every thirty (30) days beginning on the date you sign up for the service.

  • Payment Failures: In the event that a PayPal payments fails to go through, PayPal will attempt to collect a payment again several days later. If it fails a second time, service to your account will be terminated until your account has been brought up-to-date. If you choose to do an offline payment and it fails, we will attempt to contact you twice. If we do not hear back we will terminate your service until your account has been brought up-to-date.
  • Refunds: Due to the month-to-month nature of the services we provide, we shall not be compelled to issue a refund, prorated or otherwise, for any reason. We reserve the right, however, to issue a refund on a case-by-case basis at our sole discretion.

Cancellation

Subscriptions may be cancelled at any time by written notice to us via email to [email protected]. Cancellations will be effective within forty eight (48) hours of our receipt of the cancellation request. In the event that a payment is made before the cancellation request is made effective, no refunds will be issued, and your subscription cancellation will become effective the following month.

Termination of Service

We may, at our sole discretion, terminate or suspend your access to all or part of this site and the services offered by us with or without notice and for any reason, including, but not limited to, breach of this Agreement. Any suspected illegal or fraudulent activity may be grounds for terminating your access and services and may be referred to appropriate law enforcement authorities. Upon termination or suspension, your right to access the site and receive any services from us will immediately cease, and we reserve the right to remove, delete, or deactivate any information that you may have on file with us. We shall not be liable to you or any third party for any claims or damages arising out of a termination or suspension or any actions taken by us in connection with such termination or suspension.

Copyrights/Trademarks

We do not assume any responsibility or liability, nor do we claim any intellectual property rights in, your website or the contents thereof. All content and materials available on this site, including, but not limited to, text, graphics, website name, code, images, and logos are the intellectual property of WPprotection, LLC, and are protected by all applicable copyright and trademark law. Any unauthorized use, reproduction, distribution, display, or transmission of any content on this site is strictly prohibited.

Limitations of Liability

WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE AND ITS SERVICES OR OF ANY THIRD PARTY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

  • Limited Warranties: The services offered by us are provided “as is” and “as available,” and your use of the services is at your own risk. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT WARRANT THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
  • Delays and Interruptions: We shall not be liable to you for any direct, indirect, incidental, consequential, or exemplary loss or damages resulting from the use of this site and the services offered therein, or for any data changes, data loss or corruption, cancellation, loss of access, delays, or service downtime or interruptions. Neither we nor our network services suppliers shall be liable for unauthorized access to your or our transmission facilities or premise equipment, or for any alteration, theft, or destruction of your data files, programs, procedures, or other information through accident, fraud, or any other method, regardless of whether such damage occurs as a result of negligence on behalf of us or our network service suppliers.
  • Consequential Damages: Except for each party’s indemnity obligations, neither party shall be liable to the other party for any incidental, punitive, indirect, or consequential damages. This includes, but is not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights, or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort, product liability, strict liability, or otherwise.

Indemnification

You agree to indemnify, defend, and hold harmless WPprotection, LLC and its owners, members, officers, agents, and employees from any liability, loss, costs, expenses (including, but not limited to, reasonable attorneys’ fees), claims, damages, penalties, actions, proceedings, or judgments resulting from any claim, suit, action, or proceeding brought by a third party against WPprotection, LLC and/or its owners, members, officers, agents, or employees, relating to or arising out of this Agreement or the services being offered on this site.

Governing Law

This site is controlled and maintained by WPprotection, LLC from our office located in the state of Colorado, United States of America. This site can be accessed by all other states as well as most countries around the world. Many of those places will have laws that may differ from those of Colorado. By accessing this site and agreeing to the terms and conditions of this Agreement, you agree that the statutes and laws of Colorado, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, shall apply to all matters relating to or arising from your use of this site and the services offered by us throughout this site. Both parties agree that any action to enforce this Agreement shall be brought in a federal or state court located in Colorado, and furthermore agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the state of Colorado with respect to such matters.

Severability

Nothing contained in this Agreement shall be construed as requiring the commission of any act contrary to law.  In the event that any part, article, section, paragraph, or clause of this Agreement shall be held to be indefinite, invalid, or otherwise unenforceable, the entire Agreement shall not fail on account thereof, and the balance of the Agreement shall continue in full force and effect.

Entire Agreement

This Agreement constitutes the entire agreement of the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement.

Contact Information:

If you have any questions or concerns about this Agreement or any of the terms contained herein, please contact us by email at:

[email protected]ny

or by mail at:

7363 W Kentucky Dr
Unit 7363E
Lakewood, CO 80226