Terms and Conditions

1. Agreement Overview

This Service-Level Agreement (this “Agreement” or this “Service-Level Agreement”), effective as of the date services are billed is made by and between WP Site Solutions, a company organized and existing in Arizona, with offices located in Tempe, Arizona (“Service Provider”) and the Customer (“Customer”).
This Agreement remains valid until mutually canceled by the stakeholders.

2. Goals & Objectives

The goal of this Agreement is to obtain mutual agreement between the Service Provider and the Customer(s).
The objectives of this Agreement are to:
A. Provide a thorough understanding of service ownership and the roles and responsibilities.
B. This Agreement represents a concise description of the services provided by the Service Provider.
C. Match perceptions of expected service provision with actual service support & delivery.

3. Stakeholders

The Service Provider and Customer will be used as the basis of the Agreement and represent the primary stakeholders associated with this SLA.

4. Periodic Review

The terms stated in this Agreement shall be valid from the Effective Date. Any revisions to this agreement shall be carried out every fiscal year, however, until any revision, the current Agreement shall be considered valid.

5. Service Agreement

The following are the responsibility of the Service Provider in the ongoing support of this Agreement.

A. Service Scope
The following Services are covered by this Agreement for customers with WordPress websites:
1. Online hosting
2. Plugin updates and review
3. WordPress core updates
4. Theme monitoring and updates
5. 3rd party license monitoring

B. Customer Requirements
Customer responsibilities and/or requirements in support of this Agreement include:

• The Customer agrees to be billed a recurring amount of  $299 per month to the Service Provider for their services. (However, if the Customer elects to pay for the Service Provider’s services for a calendar year in advance, the monthly price is equivalent to $274 per month.) .
• Service hours are Monday through Friday from 8:00 am to 5:00 pm, Arizona time. All other times are considered non-service hours. All work requested by the Customer to be performed by the Service Provider during non-service hours will be billed at $200 per hour. Performing a Customer requested service during non-service hours is on a case-by-case basis at the discretion of the Service Provider.
• If the Customer fails to make their monthly payment within 72 hours of the due date, the Service Provider may take the Customer’s site down from the Service Provider’s platform. The Service Provider will attempt to contact the Customer via email in the event their credit card on file is declined, canceled, or expired.
• A one time migration fee of $1,000 will be charged to move the site from your current host. Once payment is received by the Service Provider, site migration fees are non-refundable. The Service Provider requires the Customer to provide a written 30-day notice of cancellation of service.
• Plugin costs not covered by Service Provider are paid by the Customer. If a plugin fails due to the Customer failing to maintain the license, the Customer must renew the license. Plugin license keys, changes, or updates must be provided by the Customer to the Service Provider. New license keys will only be applied when the site is reviewed for its monthly maintenance cycle. Additional rates apply to off cycle licensing updates at a rate of $100 per instance. The Service Provider will attempt to notify the customer of any lapse in plugin licenses but is not responsible for any downtime or other site issues caused by outdated licenses.
• The Service Provider will work to track licenses for the Customer and will attempt to notify the Customer if a license renewal is upcoming. Service Provider, however, does not guarantee that it will find and/or notify the Customer of all licenses and their status at any time. The Customer must provide the Service Provider a list when the service term begins. This notice shall also confirm that all plugins listed are those that apply for the Customer. If the Customer fails to notify the Service Provider of any licenses, plugins, or adds any new ones after the beginning of services, the Service Provider is not responsible for such unknown or later added licenses or plugins.
• If the Customer’s site is compromised (“hacked”) in any form, method, or way, the Service Provider is not responsible, if this hack is due to the Customer’s negligence through any means, including, but not limited to the Customer, or any other person the Customer authorizes with access to their site, utilizes a weak password, succumbs to a phishing scam, or any other means of the Customer’s site being hacked. The Service Provider requires that the Customer’s password(s) be generated by 1Password (or similar application) as a password management utility and be of the quality to be “highly secure”.
• The Customer is responsible for all updates and changes performed by any means, including, but not limited to the Customer or any other person the Customer authorized with access to their site.
• The Customer’s monthly payment applies only to the Service Scope in section A of this document. Content and layout updates are not covered. The Customer may request the Service Provider perform additional services. The Customer will be billed at an hourly rate of $100 per hour, with a one-hour minimum billing requirement; subsequent time is billed in 15 minute increments.  The Customer’s on file credit card will be billed at time service is rendered. The Customer is responsible for server bandwidth overage charges. The Customer’s credit card on file will be billed automatically for such overages.
• If the Customer exceeds any of the following: 400,000 site visits per month; 50 GB of storage per month; or 500 GB bandwidth per month a custom monthly agreement between the Service Provider and the Customer will be required.

C. Service Provider Requirements

Service Provider responsibilities and/or requirements in support of this Agreement include:

• The Service Provider will respond to the Customer’s communications within 1 business day
• Upon request, the Service Provider will provide access to a “Staging” environment for the customer to test new site features or functionality. The Service provider will use this environment for any work orders the Customer Submits. Customer agrees not to make any changes in this environment while a work order is being fulfilled.
• The Service Provider will notify the Customer when changes to their site’s layout and/or functionality are required. The Customer reserves the right to approve or deny changes.
• The Service Provider is not responsible for site issues caused by any new plugins installed by the Customer or their assignees after service has begun. The Service Provider is not responsible for resolving any issues caused by plugins installed by the Customer after service has begun.
• To ensure site stability, only plugins with no known problems will be updated. The Customer will be notified if any plugins become unstable or need to be replaced. The Service Provider is not responsible for any site issues caused by the Customer or any 3rd party attempting to perform a site plugin update.
• The Service Provider will spend up to two hours per month troubleshooting plugins. The Service Provider will bill hourly at a rate of $100/hr for any additional time needed to resolve conflicts in plugins. The Service Provider will provide to the Customer a separate work order for any additional work needed to resolve plugin conflicts.
• The Service Provider will not modify or debug plugin code. Plugin Maintenance is limited to ensuring compatibility with WordPress Core and other plugins. If a plugin is incompatible, Service Provider will first check for future compatibility updates, then check that the plugin is still supported. If there are no updates but the plugin is supported, Service Provider will note the bug with the plugin developer and wait 30 days for a resolution. If there has been no resolution within 30 days or the plugin is no longer supported, the Service Provider will attempt to find a new plugin that offers similar features. This will be done under a separate work order and the Customer must approve the new plugin in the Staging environment before it will be implemented on their live site.
• Service Provider will update WordPress Core only when plugin compatibility is ensured. Due to the varied development timelines of plugin vendors, this may mean the Core implementation will not be updated for several months after the WordPress Core updates become available.
• The Service Provider alone determines and defines when the scope of work is complete.

D. Service Assumptions

Assumptions related to in-scope services and/or components include:

• Changes to services will be timely communicated and documented to the Customer.
• Any service offerings provided by WP Engine account are subject to their Terms & Conditions and availability.
• Any service offerings provided by WP Engine are subject to their Service Level Agreement.
• Site uptime and server-side support are subject to WP Engine’s capability and capacity. 

6. Service Management

For maintaining adequate customer-support levels, this Agreement lists the available scope of services provided by the Service Provider. This list outlines the details regarding availability, monitoring, and other relevant factors.

A. Service Availability

Coverage parameters specific to the service covered in this Agreement are as follows:

• Telephone support during service hours: Monday through Friday from 8:00 am to 5:00 pm, Arizona time.
• Calls and emails received outside of the above defined service hours will be collected, however, no action can be guaranteed until the next working day.

WP Site Solutions Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. BY ACCESSING, BROWSING AND/OR USING THIS SITE YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS.

If you do not agree to these Terms and Conditions, please do not use this Site. Your continued access or use of this Site will mean that you have read, understand, and agree to be bound by these Terms and Conditions and any subsequent changes to the legal terms and conditions that may be posted to this Site.

1. Online Services. We provide the Services on this Site to give you access to WP Site Solutions online platform for the hosting and management for businesses with WordPress websites. For the purposes of this agreement, management includes server level support (through WP Engine), plugin updates, WordPress Core updates, license monitoring, and theme monitoring.

2. Use/Restrictions on Use. The Site and all content provided on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by WP Site Solutions and/or its affiliates and related companies. Nothing contained on the Site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, or other names, including, but not limited to, those identifying WP Site Solutions and/or its affiliates and related companies or their respective products and services displayed on the Site, without the expressed written consent of WP Site Solutions or such third party that may own such trademarks, logos and other names displayed on the Site. You may view, print and save a copy of the pages on this Site for your own personal use but may not modify, publish, transmit, transfer, sell, license, display, reproduce, create derivative works from or otherwise use or exploit any part of this Site in any manner, including electronically reproducing this Site by “uploading”, “downloading” or “accessing” this Site onto the internet or any other local or international computer system, without the prior written consent of WP Site Solutions. You agree you will not use the website for any prohibited manner, including, but not limited to the introduction of any material which is malicious or technologically harmful, including, but not limited to, viruses, Trojan horses, worms, or logic bombs, the launch of any attack on the websites through any means, including, but not limited to, denial-of-service or distributed denial-of-service attacks and/or the impersonation or attempt to impersonate any other person or entity while using the websites. Plugin costs are paid by you. If a plugin fails due to you failing to maintain the license, you must renew the license. Plugin license keys, changes, or updates must be provided by you to WP Site Solutions. New license keys will be applied when the Site is reviewed for its monthly maintenance cycle. Additional rates apply to off cycle licensing updates. WP Site Solutions is not responsible for notifying you to renew a plugin license.

3. Security. You are solely responsible for maintaining the security of your Site identification and password. You agree not to disclose your Site identification and password to any other person, and WP Site Solutions is not responsible for the unauthorized use of the Services by any other person with your Site identification and password. WP Site Solutions is under no obligation to confirm the actual identity or authority of anyone using your Site identification and password. If your Site is hacked in any form, method, or way, WP Site Solutions is not responsible if this hack is due to your negligence through any means, including, but not limited to you or any other person you authorized with access to your Site utilizing a weak password, falling for a phishing scam, or any other means of your Site being hacked. WP Site Solutions requires that your password(s) be generated by 1Password (or similar application) as a password management utility and be of the quality to be “highly secure”.

4. Privacy. During your use of this Site, you may voluntarily submit personal information. We are committed to ensuring responsible practices in our collection, use and disclosure of your personal information in accordance with applicable law and our Privacy Policy. You may receive SMS or “text” messages providing you informational updates about services or products. The Terms and Conditions of our Privacy Policy may be amended from time to time and are hereby incorporated by reference into and form a binding part of these Terms and Conditions.

5. Limitation of Liability. Your use of our services is at your own risk. Under no circumstances shall the WP Site Solutions or any of its third-party licensors be liable to you or to any third party for any direct, indirect, incidental, special, consequential, punitive, special, exemplary, or any other damages resulting from, arising out of, or in any way relating to the websites, content, data, or information accessed via the websites or any hyperlinked websites, or any disruption or delay in the performance of the websites. These include damages for errors, omissions, interruptions, delays, computer viruses, your loss of profit, unauthorized access to and alteration of your transmission and data, and other tangible or intangible losses. This limitation is regardless of the form of the claim or action, whether based on contract, tort, strict liability, statute, or otherwise, and regardless of whether or not such damages were foreseen, unforeseen, or foreseeable, even if WP Site Solutions or its third-party licensors have been advised of the possibility of such damages.

6. Modification or Termination of Service. WP Site Solutions reserves the right, in its sole discretion, to change, modify, restrict, suspend or terminate your access to all or any part of this Site and/or the Services at any time for any reason without prior notice to you and without any liability to you for doing so. Once payment is received by WP Site Solutions, Site migration fees are non-refundable. WP Site Solutions requires a written 30-day notice of cancellation of service.  WP Site Solutions is not responsible for any new plugins installed by you or any other entity after service has begun. WP Site Solutions is not responsible for fixing any issues caused by plugins. Only plugins with no known problems will be updated. You will be notified if any plugins become unstable, additional rates apply to troubleshooting and resolving plugin conflicts. WP Site Solutions is not responsible for any Site issues caused by you or any other person attempting to perform a Site plugin update.

7. Indemnification. To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless WP Site Solutions, its affiliates, and related companies, and each of their respective directors, officers, employees, consultants, and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of your use of the Site and our Services.

8. Disclaimer. WP Site Solutions site content and functionality are provided with the understanding they are not rendering professional advice and services to you. All content and functionality are provided “as is” and “where is” without warranty of any kind.  WP Site Solutions has no liability or responsibility for any information published on linked websites contained in any of our published content or provided by third parties. Any service offerings provided by WP Engine account are subject to their Terms and Conditions and availability.

9. Notice and Consent to Receipt of Text (SMS) Messaging, emails, and Phone Calls. As a condition of creating an account with WP Site Solutions, you consent to us sending you SMS or “text” messages and/or electronic mail “email” providing you informational and research updates about services or products you may have requested and promotions.  In providing your mobile device number/cell phone number and email address to us, you knowingly consent to such communications from us, or for us to use your cell phone number/mobile device number and/or email address in accordance with our Privacy Policy. You represent that you have the authority to agree to receive messages at the telephone number and email address that you provide to us, or at the number and email address from which you sent the message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time. Certain features of the Site and Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

10. Changes to these Terms and Conditions. WP Site Solutions reserves the right, at any time, to modify, alter, or update these Terms and Conditions including the Privacy Policy incorporated by reference therein, and you agree to be bound by such modifications, alterations, or updates. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Site or by electronic or conventional mail. You agree to regularly review these Terms and Conditions and to inform yourself of such revisions. Your use of this Site following any such change constitutes your agreement to follow and be bound by the terms as changed. If at any time these Terms and Conditions are no longer acceptable to you, please immediately cease all use of this Site.

11. Governing Law. These Terms and Conditions and your use of this Site shall be governed by the laws of the State of Arizona. Client expressly agrees to this governance and further agrees that any dispute shall be resolved by arbitration under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction located in Maricopa County, Arizona.

12. Representations and Warranties. You represent and warrant that: (a) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement; (b) you have obtained all rights that are necessary for the exercise the rights granted under this Agreement; and (c) neither the exercise of the rights authorized under this Agreement nor any materials embodied in the content nor its sale or distribution as authorized in this Agreement will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or violate any laws or regulations of any jurisdiction. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. In order to use this site, you must be at least 18 years of age, or applicable age of consent.

13. GENERAL DISCLAIMER. THE INFORMATION ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. ALL INFORMATION POSTED FROM THIS SITE ON ANY THIRD-PARTY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA ACCOUNT, THIRD-PARTY SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY CONTENT ON THIS SITE OR ANY RELATED SERVICES. WE ARE ALSO NOT RESPONSIBLE FOR ANY INFORMATION POSTED ON THE SITE OR ANY INFORMATION OR REVIEWS POSTED BY OTHER USERS.