Terms and Conditions

WP Care - Terms and Conditions

Terms and Conditions

Thanks for choosing WP Care! Please read these terms of service carefully.

Definitions

WP Care Limited – WP Care Limited (“WP Care” “we,” “us,” or “our”) provides managed WordPress hosting services, software. WP Care Limited (Business Registration numbers 651669) has registered offices at Northside Enterprise Centre, Bunratty Drive, Coolock, Dublin 17.

Client – Person or legal entity who has purchased a “WordPress Maintenance Plan”, “Hosting Plan” or other service from WP Care.

WordPress Maintenance Plans – “Maintenance Plans” or “WordPress Maintenance Plans” refer to services refer to services provided by WP Care relating to the updating of your website. This includes updating WordPress core, plugins and themes. With some plans it may also include hosting.

Hosting Plans – “WordPress Hosting Plans”, “Hosting Plans” or “Hosted Plans” refer to hosting plans provided by WP Care. These plans do not include hosting included in some of our “WordPress Maintenance Plans”.

Sub-processor – A third party service that may be engaged by WP Care in order to provide or support services.

Server – Means any computer server equipment managed by WP Care for the provision of Hosting and Internet Services.

Personal Data – Any personal data processed by WP Care on behalf of the client.

Eligibility

In order to access and use the Services, you must be at least eighteen (18) years of age and that you are recognised as being able to form legally binding contracts under applicable law or are authorized to enter into a legal agreement on behalf of a corporate entity.

Services

WordPress Maintenance Plans

This includes updating WordPress core, plugins and themes.  Some plans also include hosting, which may be provided by a sub-processor. Some plans may also include a short period of web development time.

WordPress Hosting Services

WP Care will provide shared hosting and VPS hosting services. We provide hosting services in line with details outlined in each hosting plan. This includes a specific maximum allocation of disk space and bandwidth per month; access to the specified number of databases; and other services outlined in each hosting plan.

Other Hosting Plans

While WP Care focuses on providing WordPress hosting plans we may from time to time provide hosting to other sites that do not use WordPress as a content management system.

Backup Services

WP Care provides backup services for websites we maintain or host. Backups may be hosted by a sub-processor. Backups will be deleted after a maximum period of 6 months.

Other Services

WP Care offers several other services including WordPress installation, WordPress migration, virus removal, page speed optimisation, web development and search engine optimisation.

Right to Refuse Hosting Services

WP Care only hosts website using WordPress as their CMS. WP Care retains the right to refuse hosting to your website.

Right to refuse Maintenance Services

WP Care retains the right to refuse maintenance. WP Care retains the right to refuse maintaining your website.

Plugins and Themes

While WP Care will endeavour to update plugins and themes to the best of our ability there may be occasions when we cannot update plugins or themes. If you require updates for paid themes or plugins you will need to supply is with either login details so that we can access the resource or a download of the plugin/theme. The plans do not offer modification of themes or plugins.

Sub-Processors

WP Care engages third-parties that may process client’s persona data (“sub-processors”) for the purposes of providing the services. A current list of sub-processors is available below in Appendix A. The client authorises WP Care to engage these sub-processors for the purpose of providing services.

WP Care may occasionally change sub-processors. It is the client’s obligation to check for changes to the sub-processors. A list of sub-processors is available here.

Services Not Included

We do not provide domain registration services, Domain Name System (DNS) management or email services.

What we Can’t Promise

While we will do our best to host, maintain and backup your website to the best of ability but please note that there are things we cannot guarantee.

We do not promise that the services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, confidential information and property.

We do not have full knowledge of all the data stored on your website, including the quantity, value or use of the data. You are therefore responsible to take all reasonable steps to mitigate the risks inherent in the provision of services, including loss of your data, including any personally identifiable information or payment information. We will endeavour to prevent data loss and will carry out regular backups of your website, however we cannot guarantee there will be no loss of data. In the event of data loss you release us from any resulting liability.

We do not and cannot control the availability of your website on third party applications. We cannot control rankings on search engines such as Google.

WordPress installations frequently use a number of third party plugins developed by other developers. We will do our best to keep these plugins up-to-date and secure but we cannot ultimately be help responsible for the work of other developers. We therefore cannot guarantee the performance or security of third party plugins.

We will provide support only to your administrative or technical contacts listed on your account. We will not provide support directly to your end users unless specifically agreed in writing.

Trademarks and Copyrighted Material

You warrant that you have the right to use any applicable trademarks or copyrighted material used in connection with this service.

You  agree to indemnify WP Care against all claims, judgments, decrees, costs and expenses, including solicitor’s fees, incident to any proceeding which may be brought against WP Care on a claim of alleged copyright, trademark, or alleged misappropriation of a trade secret, as well as for a claim of alleged unfair competition resulting from similarity in design, trademark or appearance of contract products and services provided under this agreement.

Warranties

We make no warranties or representations of any kind, whether expressed or implied for the service it is providing. We are not responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. We do not provide a guarantee of website speed or availability of end-to-end connections. We are not liable for damages relating to down time of your website or other issues resulting from security breaches.

Limitation of Liability

In no event will either party be liable, whether in contract, tort, or otherwise, for any incidental, special, indirect, consequential or punitive damages, including, but not limited to, damages for any loss of use, loss of time, inconvenience, commercial loss, or lost profits, savings, or revenues, to the full extent such may be disclaimed by law.

The total liability of WP Care, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the services purchased, sold, or otherwise at issue hereunder with respect to which losses or damages are claimed.

The websites created and managed by our Clients through our Services are collectively referred to herein as “Client Websites”. The third-party visitors of Client Websites are referred to herein as “End Users”.

Account Security and Passwords

When signing up for a “Hosting Plan” you will need to create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.

You are also responsible for the security of passwords associated with your WordPress account or any third-party services you might use that are additional to services provided by WP Care.

Payment

By selecting a product or service, you agree to pay WP Care the one-time and/or monthly or annual subscription fees indicated. Payments are not refundable. We issue all invoices electronically. Failure to renew the subscription at the end of the billing term will result in service suspension.

Termination by The Client

Terms of service in relation to termination by the Client are as follow:

Termination of “WordPress Maintenance Plans”

The Client may terminate a WordPress Maintenance Plan at any time, but one month’s notice is required. Notification of termination must be provided in writing (by email or post). Termination must be from the authorised account holder. Emails must be sent to [email protected].

Termination of “Hosting Plans”

The Client may terminate a WordPress Maintenance Plan at any time, but one month’s notice is required. Notification of termination must be provided in writing (by email or post) or via the hosting control panel. If termination is via email or by post it must be from the authorised account holder. Emails must be sent to [email protected].

Termination by WP Care

WP Care may terminate a “WordPress Maintenance Plan”, “Hosting Plan” or other services immediately if the hosted content is considered to be a security risk to services provided to other Clients; deemed to be potentially illegal; or exposes WP Care to the risk of litigation or other civil or criminal proceedings.