WP SAAS TERMS OF SERVICE
Last updated / reviewed /New Fulfillment Platform section – December 31, 2016
Before using any of the WP SaaS services, you are required to read, understand and agree to these terms. You may only use our services after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE WP SaaS SERVICES (“SERVICES”). BY USING THE WP SaaS SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT WP SaaS ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
Description Of Service
The Site is an online service that offers email support to operators of software applications, also known as plugin-ins for WordPress powered website. Services include, but are not limited to, any service and/or content WP SaaS 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 SaaS. WP SaaS 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.
As a condition to using Services, you are required to sign an agreement with WP SaaS, and to provide information about you product. 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 SaaS agreement.
You agree that you will pay for the Services, and that WP SaaS 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 SaaS WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the services 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 SaaS’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge WP SaaS, 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 SaaS, 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 SaaS; 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 SaaS be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common lawyer 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 SaaS, 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 SaaS OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
WP SaaS, wpsaas.net and other Mayvik, Inc. graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of WP SaaS. WP SaaS’s intellectual property may not be used in connection with any product or service without the prior written consent of WP SaaS. Not withstanding the foregoing, the images and icons available in the WP SaaS Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the WP SaaS Site.
SERVICES & REASONABLE USE
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time.
Providing email-based support staffing for Tier 1 customer support
- Tier 1: Informational Inquiries such as but not limited to:
- Pre sales information
- Usage and configuration
- Troubleshooting – themes, plugin and host environment – to isolate potential conflicts or defects
- Feature request
Additional services may include, as appropriate:
- Suggestions for documentation updates/additions will be sent through established channels
- Collecting and organizing information from customers on behalf of Customer staff (metadata aggregation, anecdotal feedback)
- Development of efficiency tools to increase productivity (suggestions for support tools to be developed, workflow adjustments within current support environment)
- Development of help desk automation (automated responses and routing) for high volume requests and enquiries – Customer will approve all automations before they are enabled, and regular audits will be performed to calibrate the automations
- Such other Services as the Parties may agree upon in writing
All instances that fall outside of this scope are not the responsibility of wpSaaS and shall be escalated to a Tier 2 resource.
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 at support AT wpsaas.net.
In the case where the platform used to delivery and bill for the digital product malfunctions, wpSaaS will make a best effort to handle these customer request and treat such instances the same as product defect within reason. However wpSaaS will not be responsible to resolve such issues and will escalated to a Tier 2 resource if unable to assist the customer.
In the case that a customer is displeased with the product and becomes irate, we will do our best to work with and retain the customer. However, if the customer displays unreasonable behavior despite our efforts, we will escalate this customer to the product owner.
Some examples of irate customers are as follows but not limited to:
- Repeatedly spams the contact form with the same or similar support request in short intervals of time. E.g. 3 request in 1 hour.
- Uses profanity, demeaning tone and or language or makes personal verbal attacks.
- Threatens physical harm.
Examples of requests which shall not meet WP SaaS approval for support:
- Customizing the plugin to work with third party plugins or customized (Non Stock WordPress) themes.
- Tier 2 Support including more detailed request such as adding new features and fixing bugs.
- Any support request deemed by WP SaaS management to exceed tier 1 support.
Certain services available may include materials from third parties. WP SaaS may provide links to third-party websites as a convenience to you. You agree that WP SaaS 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 SaaS 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 SaaS management, at its sole and exclusive discretion. Customers deemed to be abusing the WP SaaS service will be contacted by the WP SaaS management. WP SaaS 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 SaaS may terminate or suspend any and all Services and/or your WP SaaS agreement 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 SaaS agreement, 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 SaaS 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 SaaS will notify you by posting an announcement on the site or through email. What constitutes a material change will be determined at WP SaaS’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 SaaS 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 SaaS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WP SaaS’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 SaaS 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.