Terms of Service

The following document outlines the terms of use of the WP Care website. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.

Before using any of the WP Care 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 WP CARE SERVICES (“SERVICES”). BY USING THE WP CARE SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT WP CARE’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

Acceptance of Terms

The web pages available at getwpcare.com and all linked pages (“Site”), are owned and operated by 2day, s.r.o. (“WP Care”) and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

Description Of Service

The Site is an online maintenance and support service exclusively for single-site WordPress installations. Services include, but are not limited to, any service and/or content WP Care 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 WP Care. WP Care 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.

Registration

As a condition to using Services, you are required to open an account with WP Care 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 WP Care 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 trade mark 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 WP Care of any security breach of your Account. WP Care 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 WP Care account.

Services are available only to legal entities and to individuals who are at least 18 years old.

The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the WP Care 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.

Payment

You agree that you will pay for the Services, and that WP Care 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 WP CARE 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 WP Care’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

Promotions

Promotional offers are not cumulative.

Refusal of Service

WP Care reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

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 WP Care and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. WP Care 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 WP Care for compliance purposes, and WP Care 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 WP Care. 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 WP Care, 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 WP Care, 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 WP Care 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 WP Care be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common lawor 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.

WP CARE, 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 WP CARE OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

Limitations of Liability and Indemnification
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Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.

Limited Warranties

WP Care does not monitor or exercise control over the content of the information transmitted through its servers. Use of the services or any information that may be obtained therefrom is at customer’s own risk. The services are provided on an “as is” basis, and customer’s use of the services is at its own risk. Except as provided in the order form(s), WP Care does not make, and hereby disclaims, any and all other 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. WP Care does not warrant that the services will be uninterrupted, error-free, or completely secure.

Disclaimer of Actions Caused by and/or Under the Control of Third Parties.
WP Care does not and cannot control the flow of information to or from WP Care network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt customer’s connections to the internet (or portions thereof). WP Care cannot guarantee that such events will not occur. Accordingly WP Care disclaims any and all liability resulting from or related to such events.

Delays and Interruptions

WP Care shall not be liable for any loss of data resulting from delays, corruption of data, nondeliveries, misdeliveries or service interruptions. Customer shall be solely responsible for the selection, use and suitability of the services, and WP Care shall have no liability therefor. Except to the extent of WP Care gross negligence or willful misconduct, neither WP Care nor its network services supplier will be liable for unauthorized access to WP Care or customer’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of customer’s data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of WP Care or its network service supplier’s negligence.

Indemnification

Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilized in connection with any of the Services (but excluding any infringement contributorily caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify WP Care and its affiliates against any Losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse WP Care and its affiliates for all legal expenses, including reasonable attorneys’ fees, incurred by WP Care and its affiliates in connection with any such Losses.

Consequential Damages

Except for the parties’ indemnity obligations, in no event will either party be liable or responsible to the other for any type of incidental, punitive, indirect or consequential damages, including, but 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 (including negligence), product liability, strict liability or otherwise.

Acceptance

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. WP Care reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Intellectual Property

WP Care, getwpcare.com and other WP Care graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of WP Care. WP Care’s intellectual property may not be used in connection with any product or service without the prior written consent of WP Care. Notwithstanding the foregoing, the images and icons available in the WP Care Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the WP Care Site.

Support Requests & 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 support@getwpcare.com or create a ticket at support.getwpcare.com.

Each request is subject to a one (1) hour minimum fee. The effort required for development is exclusively determined by the WP Care management. For work outside of the scope of the WP Care, WP Care management may provide alternative solutions to the client including referral to the WP Care partner network.

WP Care provides 24/7 support, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.

Your requests are subject to approval by WP Care management or by its assigned agent.

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 (advice and support)
• Optimization of CSS, Javascript and Images
• Theme/plugin audits
• Plugin installation and implementation

If you are 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 which shall not meet WP Care management approval for support:

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

Third-Party Materials

Certain services available may include materials from third parties. WP Care may provide links to third-party websites as a convenience to you. You agree that WP Care 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 WP Care 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 WP Care management, at its sole and exclusive discretion. Customers deemed to be abusing the WP Care service will be contacted by the WP Care management. WP Care management retains the sole and absolute discretion to suspend service to you if we deem necessary.

Termination & Cancellation

Cancellation can occur at anytime. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.

WP Care may terminate or suspend any and all Services and/or your WP Care 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 WP Care 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.

Change

WP Care 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, WP Care will notify you by posting an announcement on the site. What constitutes a material change will be determined at WP Care’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.

Miscellaneous

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 WP Care 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. WP Care shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WP Care’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. WP Care 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 Maryland between two residents thereof, the parties submit to the exclusive jurisdiction of Maryland 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 herein.