Terms of Service

1. User’s Acknowledgment and Acceptance of Terms

YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 10 (LIMITATION OF LIABILITY).

Effective date: 01/11/2021

1.1 WP Tech Support Limited (“Us” or “we”) is a company registered in the Isle of Man with registration number 131496C, and registered and trading office at Gordon House, 10a Prospect Hill, Douglas, IM1 1EJ. Our VAT number is GB 005 1175 27.

1.2 We provide the WP Tech Support® site at https://wp-techsupport.com/ (the “Site”) and all related services, including our WordPress maintenance, support, and development plans (the “Plans”) and hourly rate work or one-time fixes (collectively, the “Services”) to you, the user, subject to all the terms, conditions, and notices contained or referenced herein (the “Terms”), but excluding any terms you seek to impose or incorporate unilaterally, or which are implied by law, trade custom or course of dealing. You agree and accept these Terms by using our Site or our Services. To avoid doubt, if we have any other written agreement with you and there is inconsistency or conflict between that agreement and these Terms, that agreement shall have priority.

1.3 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 incorporated by reference into these Terms.

1.4 We recommend that you read these Terms carefully 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 or subscribing to any Plan, you accept and agree to obey the Terms. If you don’t accept them, please don’t use the Site or purchase any Services.

1.5 The date these Terms become effective is listed above, but we expressly reserve the right to change these Terms from time to time without notice by amending and publishing them on the Site. You acknowledge and agree that you are responsible for reviewing this Site and these Terms occasionally and familiarising yourself with any modifications. Your continued use of any Service after such modifications will constitute acknowledgment of the modified Terms and an agreement to abide and be bound by the modified Terms.

1.6 As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and include (without limitation) all parties involved in creating, producing, and/or delivering the Services.

1.7 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.

1.8 You agree to use the Site and/or the Services only for business and commercial purposes. You hereby warrant that you will not use the Site and/or the Services for personal use.

2. Description of Site and Services

2.1 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).

2.2 We reserve the sole right to modify or discontinue the Site, including any of the Site features, at any time, with or without notice to you. Should we exercise such a right, we will not be liable to you or any third party. Any new features that increase or enhance the then-current services on this Site shall also be subject to these Terms.

2.3 Our Site is free to use. However, you only have permission for temporary use, and we can withdraw or change our service at any time without telling you and without being legally responsible to you.

2.4 If you allow anyone else to use our Site, you must ensure that they read and follow these Terms first.

2.5 We make 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 requirements and circumstances.

3. Billing Cycle for Support Plans

3.1 Support Plans
All Plans are billed on a 30-day cycle (monthly) subscription payment (unless otherwise agreed in writing with you). This applies to the Standard Plan, Pro Plan, Business Plan, and Advanced Plan. The minimum term for Plans is three months from the date of sign-up. After the minimum term of 3 months, you have the right to request a cancellation at any time, subject to the terms of clause 20.

3.2 One-off Services
One-off Services such as our One-Time Fix, Malware Removal, Update PHP Version, CPU and Database Optimization, Speed Optimization, and Custom Development are one-time purchases without a rolling monthly commitment. These Services must be paid for upfront unless agreed otherwise in writing.

4. Registration Data and Privacy

4.1 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. You will maintain and update this information as required to keep it current, complete, and accurate.

4.2 You also grant us the right to disclose certain Registration Data about you to third parties. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, specifically incorporated by reference into these Terms.

4.3 If you have failed to keep confidentiality, we can disable any security information (including your passwords and codes).

5. Conduct on Site and use of Services

5.1 You must:

1. cooperate with us in all matters relating to the Services, and
2. provide us with information and materials we may reasonably require to supply the Services and ensure that such information is complete and accurate in all material respects.

5.2 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:

1. 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;
2. victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. 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;
5. 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
6. impersonates any person or entity, including any of our employees or representatives.

5.3 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 our 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.

5.4 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.

5.5 In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all site areas may be available to you or other authorized users. 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.

5.6 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.

6. Third-Party Sites and Information

6.1 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. Such a link or reference is provided merely for convenience. It does not imply endorsement of or association with the site or party by us or any warranty of any kind, express or implied.

7. Intellectual Property Information

7.1 For purposes of these Terms, “Content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that users can view on our site. This includes message boards, chat, and other original content.

7.2 All Content included on the Site, unless uploaded by you or another user, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software, is the property of us, our affiliates or other relevant third parties. By continuing to use the Site, you acknowledge that such material is protected by the applicable Isle of Man, international intellectual property, and other laws.

7.3 By accepting these Terms, you further acknowledge and agree that all Content presented to you on this site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You are only permitted to use the Content as expressly authorized by us or the specific Content provider or user. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider. You are solely responsible for obtaining permission before reusing any copyrighted material on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

7.4 Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

7.5 All custom graphics, icons, logos, and service names are registered trademarks or service marks of WP Tech Support® or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of WP Tech Support® or its Affiliates.

8. Unauthorised Use of Materials

8.1 Subject to our Privacy Policy, any communication or material that you transmit to this Site or us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

8.2 Please do not submit confidential or proprietary information unless we mutually agree otherwise. We can also not accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

8.3 We respect the intellectual property of others, and we ask you to do the same. If you or any site user 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 info@wp-techsupport.com.

9. Our legal responsibility to you

9.1 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 preceding, 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.

9.2 This site could include technical or other mistakes, inaccuracies, or typographical errors. We may change 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 outdated, and we do not commit to update such materials or services.

9.3 You use the services or download or otherwise acquire any materials through this site at your discretion and risk, and you agree to be solely responsible for any damage to your computer system or loss of data that results from such activities.

9.4 You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third-party networks you may access while using this Site. Therefore, other network transmission delays and disruptions are beyond our control.

9.5 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, misdelivery, or failure to store any user communications or personalization settings.

9.6 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 the use of our Site. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

9.7 The content on our site is provided for general information only and is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action based on the content on our site.

9.8 We make no representations and offer no guarantees or warranties as to the continuing efficacy of any improvements or upgrades in terms of the performance levels of your sites or their functionality during the provision of Support Plans or after the completion of any One-off Services.

9.9 If you amend your sites during the provision of the Services or after termination or completion of the Services, we cannot accept liability or responsibility for any decrease in performance levels or any other adverse performance indicators or effects. In particular, you understand and agree that several relevant factors outside our control may affect your site or its performance, such as, but not limited to, underlying software upgrades or changes in search engine algorithms.

10. Limitation of Liability

10.1 References to liability in these Terms include every kind of liability arising under or in connection with the Services, including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution, or otherwise.

10.2 Use of the Site and/or the Contents
To the maximum extent permitted by law, and subject to clause 10.7, we accept no liability under these Terms 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 and/or the Contents.

10.3 Use of the Services
We accept no liability under these Terms for any of the following types of loss arising from the use of the Services:

1. Loss of profits;
2. Loss of sales or business;
3. Loss of agreements or contracts;
4. Loss of anticipated savings;
5. Loss of use or corruption of software, data, or information;
6. Loss of or damage to goodwill; and
7. Indirect or consequential loss.

10.4 Our total liability under these Terms for all losses not excluded by clause 10.3 in relation to all breaches of duty occurring within any contract year shall not exceed the cap.

1. In this clause 10.4:
   1. “cap” shall mean the greater of £100 and 20 percent of the total charges in the contract period in which the breaches occurred;
   2. “contract period” means the 3 months commencing with the date on which the Services were first provided to you and each rolling 3-month period thereafter; and
   3. “total charges” means all sums paid by you and all sums payable under these Terms with respect to services supplied by us.

10.5 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire one month from that date. The notice must be in writing, and the event and the grounds for the claim must be identified in reasonable detail.

10.6 Users should be aware that they use the Site and its Content at their own risk.

10.7 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.

11. Indemnification

11.1 Upon our request, 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 this event, you will cooperate with us in asserting any available defenses.

12. Confidentiality

12.1 We may only use the other’s confidential information to fulfill our respective obligations under the Terms.

13. Security and Password

13.1 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 using your password and account. Therefore, you must 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 terminate your account if you transfer or share it immediately.

14. Termination of Use

14.1 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, a 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.

14.1 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 we took in connection with such termination or suspension.

15. Governing Law

15.1 These Terms and the relationship between you and us shall be governed by and construed in accordance with the law of the Isle of Man and you agree to submit to the exclusive jurisdiction of the courts of the Isle of Man.

16. Notices

16.1 All notices to a party shall be in writing and made via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@wp-techsupport.com if by email or at our head office, WP Tech Support® Limited, Gordon House, 10a Prospect Hill, Douglas, IM1 1EJ, if by conventional mail. 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.

17. Entire Agreement

17.1 These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by using any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services subject to additional or altered terms and conditions shall be null and void unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

17.2 You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty not set out in these Terms.

18. Support Requests & Development Time

18.1 Support must be requested through our support ticket system so that it can be categorized and responded to promptly. Upon registration, you will be notified via email with information about our support ticket system, which you will find in our customer portal area. Support requests are subject to approval.

18.2 Support cannot be requested via phone, live chat, or email.

18.3 If you have questions about the nature of your support request, please contact us at info@wp-techsupport.com for clarification. While we will do our best to keep the same developer assigned to individual projects, we cannot guarantee this at any time.

19. Any Orders for Services

19.1 Our Site will guide you through the ordering process and specify the Services to be provided to you. Before submitting your Order to us, you can review it and amend any errors. Please ensure that you have checked your Order carefully before submitting it.

19.2 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”). 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. Under no circumstances may you subscribe to the Standard, Pro, or Business Plan if your website is involved in eCommerce, Membership, LMS, or other advanced functionality.

19.3 We neither represent nor warrant that all or any Services will be available at all times and cannot necessarily confirm availability until confirming your Order.

19.4 We offer no representations or warranties that the Services and/or this Site will be accessible or usable by you or without any faults. We agree to notify you at the earliest opportunity if any technical faults would delay the processing of your Order.

19.5 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 an alternative or refund.

19.6 You may change your Order within 7 days of placing it if we have not begun to provide the Services by contacting us at info@wp-techsupport.com. We will confirm any changes in writing with you.

20. Termination/Cancellation/Refunds

20.1 You may cancel a Plan at any time after the initial 3-month period by contacting us in writing by to us for the attention of Customer Service at info@wp-techsupport.com if by email, or by conventional mail at our head office WP Tech Support® Limited, Gordon House, 10a Prospect Hill, Douglas, IM1 1EJ – requesting cancellation of the Services and giving us at least 30 days notice of the intended expiration date.

20.2 You can cancel the Services within seven days of subscribing to any Plan, but not if we have begun providing services under that Plan. Your service will be canceled/terminated within two business days of notifying us. If you feel our service does not match the level of support offered at the time of purchase, you can write to us outlining your reasons for requesting a refund. We will process refunds entirely at our discretion.

20.3 Should you purchase our One-Time Fix service, we will provide a full refund within seven business days if we cannot fix your WordPress website.

21. Events Beyond Our Control

21.1 We shall have no responsibility or liability for any failure to perform or delay in performing our obligations under the Terms caused by events outside our control.

22. Miscellaneous

22.1 You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may transfer (assign) our obligations and rights under these Terms (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms will not be affected, and our obligations will be transferred to the third party they will remain bound by.

22.2 You agree not to sell, resell, reproduce, duplicate, copy, or use any portion of this Site or any use of or access to this site for any commercial purposes.

22.3 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.

22.4 Our failure to enforce or exercise any provision of these Terms or related rights does not constitute a waiver of that right or provision.

22.5 We will use all reasonable endeavors to meet any performance dates specified during the Services purchase. Still, any such dates are estimates only, and failure to perform the Services by such dates will not give you the right to terminate otherwise than in accordance with section 20.

23. Contact Information

23.1 Except as explicitly noted on this site, the services available through this site are offered by WP Tech Support® head office located at WP Tech Support® Limited, Gordon House, 10a Prospect Hill, Douglas, IM1 1EJ. If you notice any user violating these Terms of Use, please contact us at info@wp-techsupport.com.