WP Pro Fix Terms and Conditions
Before using any of the WP Pro Fix 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 PRO FIX SERVICES (“SERVICES”). BY USING THE WP PRO FIX SERVICES, YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT WP PRO FIX’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
WP Pro Fix reserves the right to deny any client for any reason.
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 WP Pro Fix 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 Pro Fix. WP Pro Fix 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.
WP Pro Fix service does not support multi-site WordPress installations.
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 firstname.lastname@example.org.
Each request is subject to a maximum of 30 minutes of development. The WP Pro Fix management exclusively determines the effort required for development. For work outside of the scope of the WP Pro Fix 30 minutes – 1-hour development agreement, WP Pro Fix management may provide alternative solutions to the client including referral to the WP Pro Fix partner network.
WP Pro Fix provides support between the hours of 9 AM – 9 PM EST Monday through Friday, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved. Excluding any federal public holiday or other days that is a WP Pro Fix holiday.
Your requests are subject to approval by WP Pro Fix management or by its assigned agent. WP Pro Fix has the right to deny any request.
NATURE OF REQUESTS
Requests should fall within the following categories.
- WordPress errors
- Fix your white screen of death
- Fix issues after a WordPress core update
- Backup your site
- Check page size and load time
- Check Google indexing
- Clean up spam
- Configure a plugin
- Create backups
- Help with templates
- Improve your site security
- Improve your site speed
- Install a caching plugin
- Install a comment system
- Install a plugin
- Install a favicon
- Make changes to the header, sidebar, and other sections of the site
- Optimize images
- Prevent spam
- Recommend a plugin
- Recover a hacked site
- Site redirects
- Fix redirect issues
- Solve alignment issues
- Tweak your CSS
- Update a plugin
- Update your theme
- Upgrade WordPress core
- Malware Issues
- Hosting Issues
- Setting up SSLs
- Fixing SSL errors
- Installing Themes
- DNS Issues
- Themes & Plugin Issues
- Styling elements with CSS
- Content population & image manipulation
- Creation of basic graphics (e.g., buttons, banners, etc.)
- WordPress consulting (advice and support)
- Plugin installation and implementation
WP Pro Fix reserves the right to deny a task for any reason.
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 Pro Fix management approval for support:
Building a new site
Landing page design
Custom plugin development
Add custom functionality to a plugin
Custom theme development
Remove theme customizations
Research previous theme customizations
Resolve WooCommerce conflict with a theme
Search marketing/SEO services/Building site backlinks
Paid marketing – We can do this for you. However, it will be an extra fee.
Sites containing explicit contents
Increasing site traffic – We can do this for you. However, it will be an extra fee.
Back-end custom coding
Sites hosted by WordPress.com
Transfer a non-WP site to WordPress
Update a highly customized theme
Update an theme that has not been updated recently.
Update customized WooCommerce
Make your site mobile responsive
Add individual products for WooCommerce – We can do this for you. However, it will be an extra fee.
Any fix deemed by WP Pro Fix management to exceed the 1-hour effort
If you need one of the services above, please contact our support team for a custom quote. Managed customers will receive a discount depending on their service plan.
WP Pro Fix reserves the right to deny a task for any reason.
As a condition to using Services, you are required to purchase a service and sign up for an account with WP Pro Fix 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 Pro Fix 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 WP Pro Fix of any security breach of your Account. WP Pro Fix 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 Pro Fix 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 Pro Fix 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.
You agree that you will pay for the Services and that WP Pro Fix 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 PRO FIX 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 Pro Fix’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
WP Pro Fix reserves the right to deny any client for any reason.
We reserve the right to suspend your account if your invoice is past ten days. Once your account is past due we will no longer perform any services until the account is made current.
MONEY BACK / UP-TIME GUARANTEE
If you’re not 100% happy we will refund your money back for resources not used base on your billing date. If you’re within our 15-day grace period, we will refund you for the full amount you paid. If you are after our 15-day grace period, you will not be provided a refund.
The guarantee is not applicable if over 90% of your bandwidth is used, you are found in violation of our Terms of Service at any time, or your IP is null routed for any reason.
If your website is not available for the guaranteed amount of time within a given month, we will provide you with a pro-rated credit for the time.
While we rarely have server issues that result in downtime, we admit that downtime in service can happen. When they do, you should not have to pay for it. Which is why we have a 99.9% uptime guarantee.
Please note that this guarantee applies only to unscheduled outages. Occasional planned server/network maintenance may be necessary. In all but the most urgent cases, we will send out an email notifying customers of maintenance that is to be performed. When notice is sent at least two hours before service interruption, the outage does not qualify for our uptime guarantee.
Our guarantee excludes the following situations:
- Malicious activities such as (DDOS) Denial of Services attack
- Scheduled maintenance time
- Problems outside of our network (Examples, Internet connectivity, Amazon Web Services Outage, Cloudflare, other third-party tools, etc.)
- Acts of God
- Interruptions or failure of individual client services/accounts caused by the client’s: employees/customers, configuration errors, 3rd party software errors, client abuse or excessive utilization of resources
Service credits are calculated as follows
100% – 99.9% uptime : No credit
99.9% – 99.5% uptime : 5% credit
99.5% – 99% uptime : 10% credit
99% – 98% uptime : 15% credit
98% – 95% uptime : 25% credit
Less than 95% uptime : 100% credit
We will only refund on a per month basis. We will not refund the full amount if paid in advance. Refunds are not automatic. You must contact us for a refund. Refunds are processed after 15 days from cancelation.
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 Pro Fix and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. WP Pro Fix 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 in doing so. Usage Rules may be controlled and monitored by WP Pro Fix for compliance purposes, and WP Pro Fix 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 Pro Fix. You shall not obtain 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 Pro Fix, 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 Pro Fix, 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 Pro Fix Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
WP Pro Fix reserves the right to deny any client for any reason.
WP Pro Fix is NOT a PCI compliant certified host. We do make sure that all our of servers are updated to the latest OS software and our servers are secure using a firewall. However, we do not guarantee compliance.
Our hardware can be used in PCI compliant environments, but because PCI compliance concerns things we have no control over with a self-managed solution we do not have any way of ensuring overall compliance and do not label any hardware as “PCI Compliant.” PCI compliance requires both the provider and the customer leasing the server or service to both meet certain criteria. We can ensure that our end meets those requirements; however we cannot ensure that the customer’s end meets compliance.”
If a PCI scan test detects a failure in our system, we will work with you to make the changes required to make your site compliant. Additional fees may occur. This is not included in your monthly management.
Systems such as WooCommerce processes credit cards over authorize.net API which prevents full credit card information from being stored in the database. The credit card information is passed directly to authorize.net using SSL/HTTPS for processing. Only the last 4 digits of a credit card are stored in the WooCommerce database for log reasons, and you have to retype in your card for every order. WordPress based e-commerce systems use the same technology, but we cannot comment on their PCI compliance.
An SSL certificated is REQUIRED.
However, hosting is just one part of the PCI compliance requirements. For more information, please visit www.pcisecuritystandards.org
WP Pro Fix is not liable for any failures in the PCI compliant requirements.
See section Indemnification for more information.
WP Pro Fix will exercise no control whatsoever and is not responsible nor liable for the content of the information passing through the network, email or website. The Client assumes all risk, responsibility, and liability for any and all content passing through or residing on WP Pro Fix network, email or sites. Use of the Services or any information that may be obtained therefrom is at Client’s own risk.
WP Pro Fix may terminate your hosting and terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from WP Pro Fix of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3), Using resources on the server beyond their use. You may not use our hosting to host hack tools, bots, chats, or anything other than hosting a website, 4) You cannot store or use our services for Pirated software, Bulk Email related products, Adult, Pornography, Hacking/cracking related websites, Warez and/or copyrighted MP3s, Material illegal under United States of America law, and/or Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb-making, weapon information, or anything else that may be considered detrimental or illegal.) 5) upon mutual agreement in writing of WP Pro Fix and Client.
Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to WP Pro Fix discretion). Any accounts and/or servers contained within WP Pro Fix’s network must adhere to the above policies.
We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment. Our standard procedure is a warning first, and account deactivation of the second offense, but no notice is required.
WP Pro Fix reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.
WP Pro Fix generally does not pre-screen User Content (whether posted to a website hosted by WP Pro Fix or posted to this Site). However, WP Pro Fix reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. WP Pro Fix may remove any item of User Content (whether posted to a website hosted by WP Pro Fix or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by WP Pro Fix in its sole and absolute discretion), at any time and without prior notice. WP Pro Fix may also terminate a User’s access to this Site or the Services found at this Site if WP Pro Fix has reason to believe the User is a repeat offender. If WP Pro Fix terminates your access to this Site or the Services found at this Site, WP Pro Fix may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
- Email Messages
- Newsgroup postings
iii. Windows system messages
- Pop-up messages (aka “adware” or “spyware” messages)
- Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
- Online chat room advertisements
vii. Guestbook or Website Forum postings
viii. Facsimile Solicitations
- Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any website hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web.
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages in the amount of $5.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
WP Pro Fix reserves the right to deny any client for any reason.
LIMITATION OF LIABILITY
In no event shall WP Pro Fix 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.
WP PRO FIX, 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 PRO FIX OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
WP Pro Fix, wpprofix.com and other WP Pro Fix DBA Laris Holdings, LLC graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of WP Pro Fix. WP Pro Fix’s intellectual property may not be used in connection with any product or service without the prior written consent of WP Pro Fix. Notwithstanding the foregoing, the images and icons available in the WP Pro Fix Press Kit may be used by partners and approved third party sites in connection with providing appropriate links to the WP Pro Fix Site.
Certain services available may include materials from third parties. WP Pro Fix may provide links to third-party websites as a convenience to you. You agree that WP Pro Fix 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 Pro Fix 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 Pro Fix management, at its sole and exclusive discretion. Customers deemed to be abusing the WP Pro Fix service will be contacted by the WP Pro Fix management. WP Pro Fix management retains the sole and absolute discretion to suspend service to you if we deem necessary. WP Pro Fix management may terminate your account at any time if we feel you are abusing the unlimited support limits.
TERMINATION & CANCELLATION
Cancellation can occur at any time. 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. If you want to leave our service, please open a ticket at email@example.com so we can send you the latest backup of your site for your new service provider.
WP Pro Fix may terminate or suspend any and all Services and/or your WP Pro Fix 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 Pro Fix 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.
WP Pro Fix 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 Pro Fix will notify you by posting an announcement on the site. What constitutes a material change will be determined at WP Pro Fix’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 WP Pro Fix 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 Pro Fix shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WP Pro Fix’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 Pro Fix 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 Virginia between two residents thereof, the parties submit to the exclusive jurisdiction of Virginia 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 writing signed by both parties, except as otherwise expressly provided herein.
By signing up with our service you agree and bound to all terms in this agreement.
We reserve the right to update our T.O.S. at any time without prior warning.
Last Updated 8-4-2018
WP Pro Fix provides support for the WordPress platform. WordPress a registered trademark of WordPress Foundation. This website is not affiliated with or sponsored by Automattic, WordPress Foundation, or the WordPress Open Source project.