Terms of Service

Definitions

For the purpose of the T.O.S., the following terms shall be used for the applicable definitions:

Client:  Any person, business, organization, or entity that purchases any product, service, or subscription of WordPresto.

WordPresto:  Any person, entity, agent, or individual that represents WordPresto, its parent company, or subsidiaries.  These could be designers, web developers, engineers, quality agents, client specialists or any other person in an official role.

You can find the latest version of this document at the following link:

https://wordpresto.com/terms-of-service/

• Ownership

1. 1. WordPresto ©  is a product and service that is owned and operated by Nextrics Technologies Inc.  All Intellectual Property (I.P.) is the sole property of Nextrics Technologies Inc. and its subsidiaries.

• Description

1. 1. WordPresto is a web application and service that provides website development, hosting, maintenance, and support for WordPress websites and web applications.  It uses a variety of plugins and third party applications as well as proprietary software to deliver the website service and final product.
   2. All access to the website service requires paid access in order to gain permission to the online client portal and the service.  

• Website Hosting

1. 1. Standard Hosting that provides a 99.9% uptime target with scalable enterprise configurations.  The site will be hosted on Google Cloud Platform Next Gen C2 machines in order to address the full needs of the website.  All of our hosting packages provide:
      1. Custom dedicated virtual machines designed specifically for WordPress sites and applications.
      2. Next generation C2 machines optimized for and designed to deliver fastest response times.
      3. Self-healing pods that protect from hardware failures.
      4. By default, most websites are behind a Content Delivery Network (CDN):
         1. CDNs provide global data centers to ensure fast delivery times no matter where the user who is trying to view the website may be located.
         2. Improved protection against DDoS and other malicious attacks.
      5. All bandwidth required under a “fair and normal use” policy, as intended for the use of the website.
      6. 1 GB of SSD storage space.
      7. All websites include a daily backup retained for 30-days, and recovery options, if needed, upon request. (Recovery of any website or portion of the website will require the use of maintenance hours or similar).
      8. WordPresto can change the hosting provider, its configuration, and offering at any time without notice to the client.

• Domain Management

1. 1. The client is responsible for the following when it comes to the domain name of their website:
      1. The initial purchase of the domain name from a qualified domain provider.
      2. Payment of the renewal fee for the domain name to the domain provider the domain was purchased from.
      3. Ensuring that the domain name is renewed and active.
      4. Recovering the domain in the event it expires or is lost.
      5. Notifying and providing a new domain name in the event the original domain name provided to be used for the website is changed.
      6. Updating the necessary DNS records at time of website launch which will be provided to the client.
   2. In the event any representative is requested or required to manage, update, edit, or provide any DNS support or guidance, the client shall be required to use their monthly maintenance time or similar to account for this time.

• Theme Selection

            All websites are built within the selectable layouts viewable at (https://wordpresto.com/our-layouts/). These layouts utilize the Astra WordPress theme and Elementor Builder.

• Core Plugin Selection

           The core widgets, add-ons, and plugins utilized to create a website are outlined below.  Any plugins to be implemented outside of this list, or functionalities outside of their “as-is” functionalities, may             incur additional costs.

• • • Yoast SEO Basic
    • Defender Pro
    • Disable Lazy Loading
    • Easy WP SMTP+
    • Limit Login Attempts
    • ReCAPTCHA for Gravity Form
    • Redirection
    • Simple History
    • Smush Pro
    • WebP Express
    • Eventin Pro
    • Gravity Forms
    • Polylang
    • LayerSlider WP
    • Popup Maker
    • WP Maintenance Mode
    • WP Mail Logging
    • Restrict User Access
    • Post Types Order
    • Ultimate Member
    • The Events Calendar or Similar

          The above CORE plugins may or may not be included with each website and can be changed, modified, or removed at any time without notice to the client.

• Multi Language Websites

1. 1. Websites that require multiple languages are supported but would require a custom pricing and quotation for this addition.  All websites under a normal order are developed and delivered in English only.  Additional languages will need to be requested by the client.

• WordPresto Process

The following are the general work phases of the WordPresto development and client onboarding processes.  This information is provided as an overview and outlines, at a high level, the development phases and the participation of each party involved and is subject to change without notice.  In an effort to achieve success, the following describes the Software Development Lifecycle for clarity purposes.  In general, our processes follow this pattern as this is a proven industry process. 

• Planning and Analysis – Gather all relevant information from stakeholders and analyze this information to determine what will be feasible.
• Design – Create a draft homepage design for the front end of the website that will guide the design of the rest of the website.  Create and/or review the technical specification for any custom features and functionalities the website will be required to have/perform.
• Implementation (or Code) – Building the website and creating the custom features by the development team.  Completion of the front end design and functionality by the design team.
• Testing and Integration – Release the website to an open testing environment where all  features will first be checked and tested internally to spot any immediate defects, bugs, or other potential problems.  Next, the client is given access to the testing environment to test the functionality and detect any defects, bugs, or other potential problems that pertain to the end user’s use cases.
• Deployment – All evident defects have been fixed and the software has been built to the agreed upon goals and specifications.
• Maintenance – Updating and supporting the software within the terms of service and warranty conditions after it has been delivered to the client.

• Client Onboarding and Access Permissions

After purchasing a website package, each client will receive a login and link to their project that can be accessed through the client portal. This portal will be where the client can access their project information, billing information, and support ticketing system.  The client will be required to complete their website development questionnaire through this portal in order to provide more details about their website design goals.  In addition, the client will need to book a time for their “Welcome Call” from this portal in order to kick off the development process. 

The purpose of this Welcome Call is to have initial website design and development discussions with the client to determine the needs of the site, discuss the development work plan, design layouts, and all site elements. Additionally, the client is required to share login access or credentials to any services requested.

One of our Client Onboarding Agents will discuss the following items as part of the welcome call:

• Review of Client Website Blueprint
• Determine the desired site URL (domain) for the new website
• Review domain credentials
• Review theme and layout selection
• Review color scheme
• Direction for look and feel of the website
• Required external links
• Site map / content by page
• General design and layout notes
• Review data collection needs and contact form fields
• Client branding
• General work phases
• Content requirements by the client in order to begin the site build
• Google Analytics – client will need to provide a Google account email that Google Analytics ownership can be transferred to at site launch
• Additional notes
• Start of Work and SLAs

WordPresto will begin work on the website ONLY when all of the required information is received from the client. Any delays in obtaining what is required from the client will result in a delay of the project and will not be considered at the fault of WordPresto.  All timelines and SLA (Service Level Agreement) described herein do not commence until WordPresto has received ALL of the required information at that time and interval.

• Initial Homepage Draft

Within the timeline defined business days for the client’s applicable service package level of receiving the requested content from the client after the welcome call, the client will be provided with a Homepage draft.  The Homepage draft is a design draft of the homepage of the website so that the client can get a general idea of the design direction for the website and provide design feedback to be used in the beta version of the website.

* SLA begins once ALL items requested in the Welcome Call summary are received 

In this phase of the project lifecycle, our website design team will be completing a homepage draft for the custom website.  This homepage draft is a single page (the homepage only) interactable version of the website.  The purpose of the homepage draft is to provide the client with a visual representation of the proposed design direction for the custom website.

It should not be expected that any clickable items will link out to other pages both internal or external to the website. “Interactable” at this state in the project is defined to only include:

• Animated or rotating images
• Element hover effects
• Page scrolling and any applicable accompanying animations
• Applicable pop-ups and modal triggers

Our designers create these homepage drafts based on the client’s current website design (if applicable), the requested content sent from the client, any specific notes provided by the client from the welcome call, and the designer’s own artistic intuition working within the limits of the client selected layout.

The homepage draft will be sent to the client for their revision and edits.  The client is permitted to submit two rounds of revisions for the homepage draft.  Once the edits and feedback are received from the client, our designers will incorporate them into the final homepage design.  This design will then be sent to the client to sign off and approve before development of the beta website begins.

• Homepage Draft Revisions

The client will be required to provide feedback and revisions for the Homepage draft before progress towards the next milestone can commence. When providing feedback, it is important to be as comprehensive and detailed as possible, as the client is permitted two submissions of feedback and revisions on the homepage draft.   

Once client feedback is received it will be incorporated into the homepage within the timeline defined business days for the client’s applicable service package level.  Once implemented, the client will be notified and asked to confirm that the requested revisions have been successfully implemented. Once confirmation has been received, the milestone will be considered completed and the project will progress to the next milestone.

At this point the client is committed to the layout, theme, branding, and design direction of the website. Any changes to the layout, theme, branding, and design direction are subject to incur expenses to the client by way of additional changes to the client for any extra revisions and/or edits.

Before this milestone can be considered completed and the project can progress to the next milestone, the client is required to provide feedback and revisions document via the client portal.

• Beta Site Build and Review

All feedback and revisions must fall within the scope of the proposal for the project.  At the sole discretion of the WordPresto team, if it is decided that a note in the feedback or a requested revision is out of scope, the WordPresto team will notify the client.

The WordPresto team, to the best of their ability, will implement the client supplied feedback and revisions into the beta website according to the WordPresto team’s interpretation of the provided revisions. If clarifications are required, the client will be contacted by a WordPresto representative, and progress on the website development will be delayed until a response is received from the client.

If any more revisions are required, the client will need to provide the WordPresto team with their feedback for *minor revisions for the website before the site can launch.

Once confirmation is received from the client that the revisions and feedback stated in the revisions and feedback submitted are completed, the milestone will be considered completed, and the project will progress to the next milestone.

* minor is defined as a text edit that includes and is limited to; the correction of a grammatical error, the correction of a spelling error, the correction of an email address or phone number or a small revision in textual online content.  Also, as it relates to onsite images, minor is defined as an image edit that includes and is limited to: the replacement of a single image on a single page of the site.

Disclaimer*: The timelines mentioned in this milestone are estimates based on averages from past projects.

• Pre-Launch & Website Launch

In this time, final internal audits and quality checks on the website will be conducted.  Any final notes or needed accesses/permissions discovered in need of attention from the client will be requested.

The following items are checked as part of this process:

• WordPress is up to date
• All themes are up to date
• All plugins are up to date
• All links are working (including social media links)
• All click to call buttons work and include country code (+1)
• All email links or buttons have mailto: links
• All contact forms have reCAPTCHA v2
• Ensure no test/draft pages, FAQs, posts, links or portfolio items remain
• No 404 or 500 pages
• No images have watermark
• No testing data or testing information remains
• No placeholder copy remains (Lorem Ipsum)
• Correct spelling, grammar, punctuation and capitalization 
• Footer or footer widget has copyright year script in place of year
• There is the proper use of the “robots.txt” file
• Website has favicon
• The navigation uses common name in the URL
• The use of “ALT” tags are implemented for all images if an SEO package was purchased
• There is a proper balance of text for the search engines to make use of the site if an SEO package was purchased
• Meta Description included for all pages if an SEO package was purchased
• Google Tag Manager is working if an SEO package was purchased
• Website is fully responsive
• Website is mobile compatible (iOS and Android, 320px by 568px minimum)
• Website is working in Chrome (Latest Version)
• Website is working in Firefox (Latest Version)
• Website is working in Safari (v11.1 on High Sierra)
• Website is working in Edge (Latest Version)
• Setup permanent 301 redirects (except listings) if applicable
• Disable and delete unused plugins
• Disable and delete unused themes

 The client will be asked to confirm that the website is live. In the event the client takes more than 1 business day to confirm that the website is live, the website will be considered as confirmed to be live and the project will be marked as completed.

• Client Delivery of Requested Content

After the scheduled welcome call the client is required to upload any required files or content to their project in the client portal before work can begin.  In order to initiate and complete the project, we will require the following from the client before we are able to begin work:

• Completion of the Website Questionnaire in full on behalf of the client.
• A dedicated point of contact to address ongoing questions that are project related. This must be added to the project contact information by the client in their client portal. By default it will be the email address used during purchasing of the package.
• All current website content or planned content that is to be part of the new website.
  • Text, images, external links, etc.
• All branding files and guidelines needed for the new website including logos and brand images.
• Access to any third party utilities, licenses, and software that may be required for the development of the new website, or that are in use on their current website.
• Full access to the current website (if applicable) for the purpose of viewing and gathering content.
• All source code to the current front facing website (if applicable).
• Access and a login to the database for the current website (if applicable).  Our team is bound by a Non-Disclosure Agreement and the information in your database will not be shared.
• Once we have access to the database and source code for the client’s current website, our team will know more about the existing features and functionalities that will need to be accounted for and designed around.  Once our team has access to this information, additional information may be requested.
• A list of any new features and/or functionalities the new website is expected to have in addition to the existing features on the current website.  A detailed description for how the client expects these features and functionalities to work, or are to be used, is also required.
• Any additional documentation or correspondence the client deems necessary to assist in development efforts.
• Admin access to the domain account for the new site’s migration/or a technical contact that represents the client to perform the required changes. 
• Admin access to the client’s current hosting account.

Once all needed information has been provided via the portal, and reviewed and confirmed by an onboarding expert, the client will receive a notification that all material has been received. In the event there is an issue with the content uploaded, the client will be notified.

This milestone will be considered completed once the client has successfully provided all requested content. After this milestone is considered completed, the build of the website project will officially begin. 

• SLA Timelines

The SLAs and timelines that are provided as a milestone for each work phase and our response times are governed by the following rules and requirements:

• At each milestone of each timeline, the response time and work guarantee provided by WordPresto ONLY begins once all of the information and/or feedback is received by the client.
• In the event the client takes longer to provide content, approvals, or the feedback that WordPresto requires, this will likely cause a delay in the overall delivery and will not be the fault of WordPresto or their representatives.
• All feedback must be submitted through the client portal ONLY.  Any feedback delivered via email or phone messages are not considered official feedback channels.
• These SLA rules are for every step in the process including, but not limited to, the initial site build, website edits, modifications, revisions, use of any maintenance time or any additional hours the client may have purchased. 
• Definition of Website Package Build Times per Service Level

Below you may find an estimated timeline for the completion of each milestone by the WordPresto team given each of the available levels of service package the client may purchase.

* Please note that these are estimates and are subject to change based on client response time and participation in the project.

Standard Service Package:

Expedited Service Package

Priority Service Package

• Definition of SEO Services

1. 1. Basic SEO Service:

All of our website’s come complete with what we define as ‘basic SEO’ which means that your website will come complete with the below basic search engine indicators:

1. Meta titles – Meta title refers to the text that is displayed on search engine result pages to indicate the topic of a webpage.
2. Meta descriptions – A meta description is the informative text about your web page that appears in the search engine results below the meta title. 

1. Enhanced SEO Service:

Our premium SEO service includes additional SEO elements that will continue to increase your chances of ranking for your business’s desired keywords. These include:

1. Meta titles – A meta title refers to the text that is displayed on search engine result pages to indicate the topic of a webpage.
2. Meta descriptions – A meta description is the informative text about your web page that appears in the search engine results below the meta title.
3. A robots.txt file – A robots.txt file tells search engine crawlers which URLs the crawler can access on your site. This is used mainly to avoid overloading your site with bot crawls.
4. Header tag optimization – Header tags are used to separate topics and sub-topics on a webpage. Header tags improve the readability and SEO of a given webpage.
5. Alternative text for images – Alt text is the written copy that appears in place of an image on a webpage if the image fails to load for some reason.
6. URL optimization – A well-crafted URL provides both humans and search engines an easy-to-understand indication of what the destination page will be about.
7. Onsite copy keyword optimization – The act of researching, analyzing and selecting the best target keywords to drive qualified traffic from search engines to your website.
8. Onsite copy anchor text – The text that appears highlighted in a hypertext link and that can be clicked to open the target web page. These are opportunities for keywords that search engines crawl.
9. An XML sitemap setup with search console* (requires client participation)
10. An XML Sitemap is a special document which lists all pages on a website and is meant for search engines.
11. Schema markup –  A semantic vocabulary of tags that you can add to your HTML to improve the way search engines read and represent your page.

• Definition of Maintenance

1. 1. Website Maintenance

One hour of maintenance time per month is included with each package. This can be used for updates or other small changes to the site, such as new pages, content addition of text, and images or other marginal site changes.

This one hour of maintenance does not carry over from month to month. If it is not used during the current active month then it will expire in the next month when it is refilled. The ability to borrow maintenance time from future banks is not an available option.

In the event that a client requires additional maintenance outside of what is available in their monthly bank they will have the ability to purchase additional time which is available at a rate of $150/hr.

1. Website Support

Support is included in every subscription which includes normal site technical updates, security and bug fixes are included in the various offerings. If a client installs a plugin post site launch that results in diagnosis or repairs being required, these will not be included and will be billed at our normal maintenance rate of $150/hr.

• Definition of a Revision

A revision during the homepage and beta stages of the development process is qualified as a required adjustment to the layout or functionality of the website as defined within the scope of the project.  A revision is a request to address a feature not working as expected as defined within the scope of the project, or an element of the design not aligning with the design direction.  A revision IS NOT a fundamental change to the functionality of a feature or to the structure and layout of the website design.

• Maintenance and Support Request Completion

The amount of time a client can expect a maintenance request or support request to be fulfilled for their website is determined by the service package they have subscribed to.

Please note that these timelines do not apply to the response time a client will be subject to in the event they submit a support ticket or request – these apply to the fulfillment of the work request itself.

Maintenance and Support Time Utilization

Services that are NOT part of normal website maintenance

• Any and all email related issues or concerns.
• Merchant account issues for ECommerce websites.
• Paypal or other payment issues.
• Google, Bing or any other blacklisting.
• Any task that is considered SEO related issues unless an Enhanced SEO package was purchased.
• Setting up Google Tags or Google Search Console.
• Managing, setting up, or configuring DNS.
• Domain name purchasing.
• Repairing any issue with the website or a plugin that was caused by the client or their representative.  Log files will be reviewed in order to determine when the problem has occurred and who made any site modifications.  In the event the log file has been deleted, maintenance hours will be required.
• Any issue or error that was determined to be caused by any third party plugin, component, or the core WordPress platform itself.
• Client Access to Website

Each site will have the ability for a client to access their own website and CMS via a secure password with the ability to add, edit, and remove any and all site content if requested by the client. 

By default, the account created for the client will be an “Editor” level account. If the client requires additional access beyond this role, they are able to reach out and have their role upgraded upon request.

If the Client is granted this access, our team’s troubleshooting time will be countable against and billable as maintenance time at the applicable rate. If a problem is ultimately diagnosed as being the result of a change made by the client, it is not covered by the warranty, and any time required to repair it will be billed at our regular maintenance rate of $150/hr.

Please note that any changes made by clients which result in a breakage of the site will require the client to use their monthly maintenance allotment, and if the issue cannot be fixed within this allotted time, the client will need to incur a fee at the applicable rate of $150/hr for the WordPresto team to continue troubleshooting, billed in minimum 1 hour intervals.

• Quality Assurance

Our team performs the following tasks with each maintenance request

• Create a separate test page to perform the changes on prior to performing them on the live page of the website
• Implement the requested change on this separate test page
• Ensure that the change is compatible with the following:
  • All versions of themes installed on the website
  • All plugins and their versions currently on the website
  • Compatible on multiple common device screen sizes including:
    • 1980 px
    • 1366 px
    • 1280 px
    • and Mobile
  • Compatible on multiple different web browsers and operating systems including:
    • Safari
    • Google Chrome
    • Microsoft Edge
    • Firefox
    • Windows 10
    • MacOS
    • Android
    • iOS 
• Perform the changes on the live website
• Re-perform the compatibility checks on the live website 
• Resubmit the sitemap to Google to encourage re-indexing the new or changed content
• Ensure no test/draft pages, FAQs, posts, links, or portfolio items remain
• Setup 301 redirects if applicable
• Minimum Time Charge for Website Edits, Changes and Maintenance Requests

Regardless of the requested site edit by the client there will be a minimum time charge towards the monthly maintenance time allotment of 30 minutes.  This minimum time charge applies to all requests made by the Client to the Provider for any and all website edits.

When calculating the time it takes to perform any edits all of the following actions are taken into account when calculating the time it takes to perform the requested task:

• Reviewing the edit, changes and update requests requested by the Client.
• Asking questions and communicating with the Client to clarify and obtain more details (if needed) from the Client.  This process can often take some back and forth with the Client in order to obtain clarity about what is required.
• Researching solutions such as evaluating plugins, third party utilities, addons or site widgets for WordPress.
• Obtaining login data and gaining access to the website in order to make the changes.
• Performing the actual development or design task.
• Performing post development or design quality assurance checks.
• Site, Theme, Widgets, Add-ons, and Plugins

Please note, any third party sites widgets or add-ons, and plugins are implemented “as is” and the functionality of these site widgets or plugins are developed by third party providers thus are subject to functional limitations that are inherent in the software. In some cases, the function of these third party plugins may be configurable; however, the way they perform and operate are predefined and in most cases are not able to be modified.

In the event modifications to the “as-is” functionality of any third party sites widgets or add-ons and plugins are required by the client, this will be qualified as custom development work and may incur additional costs.  This work will be quoted and billed separately.

There is no warranty given or implied on these third party plugins, addons or utilities and WordPresto cannot be responsible for  performance, support, security or ongoing maintenance by any third party vendor.  In the event any plugin fails, underperforms, or does not adequately accomplish its defined objective, WordPresto will attempt to diagnose and remedy the issue using the Client’s available maintenance hours but is unable to offer any guarantee of resolution or corrective action.  From time to time third party plugins or addons may be abandoned by their developer and support, updates or enhancements will be unavailable.  WordPresto is unable to predict these actions and offers no guarantee of future availability in any fashion as it relates to third party services or software.

Finally, in some instances depending on the plugin and how it is implemented in the website, if there is no specific remedy that can be offered with that plugin, it may need to be replaced.  WordPresto is not responsible for the replacement costs of such plugins or addons (including time to diagnose, research, implement or purchase) as WordPresto does not own, operate or have control over the final performance of these third party plugins or have access to any of the source code for these plugins.  These plugins are offered “as is” and their functionality is largely predetermined.

• WordPress

All websites are built on the WordPress platform.  When built on the WordPress platform, there are some standard confines within that all websites are subject to.  These include:

• Generated Links → All URL links for pages of websites built on WordPress have their URL extensions automatically generated by WordPress upon creation.  These automatically generated extensions will match the name of the page creation.  If custom URLs are required or desired, an extra fee will be incurred.
• Content Management System (CMS) → WordPress is qualified as a CMS platform and as such will be inherently slower than a “built-from-scratch” website.  Thus, speed and performance of a website built on the WordPress platform should not be compared to other websites not built on CMS platforms.
• Astra with Elementor

As standard, our websites utilize the Astra with Elementor theme and editor for WordPress.  Astra is a comprehensive editor that provides a user-friendly interface from which the website’s content can be created and edited.  Astra also offers a variety of layouts that can be pre-built and reused on the website.  Given that Astra is a comprehensive theme and editor for WordPress, many core WordPress functions are managed through Astra.  Due to the nature of this, our team is limited to working within and providing features and capabilities that lie within the core offerings and functionality of Astra in an “as-is” fashion.  Therefore, any features or functionalities that will require the modification of the Astra core theme’s codebase will be considered custom development work.

• Third Party Plugins and Services Fees and Costs

WordPresto may use third party tools to accomplish certain tasks and site features when they deem necessary.  Client is responsible for all of the costs and licenses of such tools and add-ons and are to be used “as is”.  Any custom development requested for these tools or add-ons by the Client, other than what is provided by default from the third party provider, are considered extra and are not part of the scope of the WordPresto offerings.  WordPresto, at their own discretion, may choose to quote on making additions or modifications to such tools or add-ons by way of providing a quote to the Client which would require the Client to pay for these services should they opt to do so.

• Subscription, Billing Milestones, and Terms

The client will be billed 50% of the applicable development fee for their selected website package at the time of purchase. The remaining 50% will be billed at the time of completion of the website development or when the website is launched, whichever is sooner.

Upon completion of the purchase of any website package, the client will be committed to a minimum 12 month term for subscription – commencing no later than 60 days after purchase date or at the time of completion of the website development, whichever is sooner. The client will be billed at a rate equal to the monthly cost of the service level package selected at the time of checkout. Clients are not able to decrease the tier of their selected service level until the completion of their 12 month payment term.

The 12 month payment term can be described as 12 payments at the client’s selected service package level’s rate, billed every 30 days.

• Website Cancellation Policy

In the event the client decides to cancel either the development of their website, or their subscription, the Client shall be subject to the following cancellation policies:

Initial Website Development

• A Client can cancel their initial website development at the following two stages:
  • During the first development stage where the Client has only been billed for 50% of the total cost.  The website order can be canceled without issuing a refund and the remaining 50% that was to be billed and paid by the Client will be voided.  In this instance the Client will not be charged for the remaining 50% of the development cost of the subscription.
  • During the second and final stage of the website build, the Client can still cancel their order without issuing a refund.  In this instance the Client will not be charged for the monthly subscription.
• If the website has been launched, the Subscription has then been started and they can no longer cancel the subscription and will have to pay for the first 12 months of their subscription.
• In the event the client decides to cancel after the completion of their initial 12 month minimum payment period, they will be required to provide a 20 calendar day notice of cancellation prior to their monthly subscription billing date.  The subscription will continue until such time as that current month subscription ends.
• If at any point the Client decides to cancel during the development phase, WordPresto shall deliver to the Client, within two business days, any and all code that was produced up until that time in a zip file minus any applicable licensed content, software, or images.
• Upgrades & Downgrades

In the event a client decides to upgrade their subscription, they will be billed a prorated amount for the daily difference (number of days left prior to the next billing cycle times the increased subscription amount) effective on the day they upgrade.  The next billing cycle will then reflect the new amount based on their upgraded option.

Any downgrades to subscriptions require a 20 calendar day notice period PRIOR to the client’s next billing date.  The next monthly subscription amount will reflect the revised pricing based on the client’s desired downgraded subscription.  

• Data Collection & Privacy

Please refer to the Data Privacy and Sue Policy at www.wordpresto.com/privacypolicy

• Fair Use Policy

We want to make sure that each of our clients have fair access to available resources.  This means we constantly monitor bandwidth usage, processor and RAM use in order to ensure these are never over-utilized.  If we determine that you are abusing these resources WordPresto, in its sole discretion and without notice to the client, will perform one or a combination of the following:

• Throttle the website to limit its usage of any particular resource.
• Replace the website with a landing page.

In the event that any of the above responses have been implemented, the Client will need to contact WordPresto in order to remedy the situation.  In the event that the Client fails to remedy the issue, WordPresto in its sole discretion may terminate the service with immediate effect.

• Refunds & Credits

Refunds and Credits are limited to only a small number of circumstances based on the following scenarios:

1. Development Fee Refunds:  Development fee refunds are normally not applicable with the exception of the following specific scenarios:
   1. An order has been placed for a website and a refund has been requested by the Client.  This refund has to be requested within 24 hours of the order being placed AND no work has been started on the website.  In this case, a full refund will be issued minus a $20.00 admin fee for processing the refund.
   2. If any work has been performed for the client, no refund will be issued for the paid amount of the work progress billing; however, the remaining development fees will NOT be charged to the client and no further work will be performed on the website.  For clarity purposes, work refers to any work at all performed on the site which includes, but is not limited to, data gathering, welcome calls, site reviews, work planning or any other tasks.  Work does not have to be limited to design or development work but can include management and planning tasks that have been started or completed.
2. Subscription Refunds: There are no refunds issued on any subscription fees under any circumstances.

• Termination of Subscription

If at any point a Client decides to cancel, the following shall be delivered to the Client in a zip file, all source code for the website minus any licensed content, software, or images.  This shall be delivered via a notice to the email account on file within two business days of the final day of the cancellation of their subscription.

• I.P. Ownership

Once the client has paid in full for the website developed, the client will have complete ownership of the website’s I.P. with the following exceptions: 

• Any 3rd party plugins that have been installed on the website.
• Any custom plugins installed on the website that are owned by WordPresto or its affiliates.
• Any open source software or code included in the website.
• Any images created or provided by WordPresto.
• Any custom code that was developed by WordPresto that has been identified as proprietary.
• The WordPress platform itself.
• Any custom scripts that are owned by WordPresto or its affiliates.
• Indemnification/No Infringement

Client shall indemnify, and hold harmless, WordPresto (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by the Client as a result of any claim, judgment, or adjudication against WordPresto, related to or arising from: 

1. any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client to WordPresto (the “Client Content”), or 
2. a claim that WordPresto’s use of the Client Content infringes the intellectual property rights of a third party.

Client also agrees to hold harmless WordPresto of any downtime or perceived downtime costs or perceived costs that may have incurred or perceived to have incurred as a result of the website under performing or have failed to perform.

• Client Admin Access and Limited Warranty

The Client will have admin access to their own website with the ability to make any changes, edits, additions, revisions or modification to their own website.  As a result of this access a log file will be created to record any access to the website and the Client agrees that they are fully and totally responsible for this access and the performance and function of their website.  Client also agrees and acknowledges the following:

1. Due to the Client having access to their own website and their ability to make changes, the Client takes full responsibility for the website’s performance.
2. WordPresto is unable and unwilling to offer any performance guarantees or warranties as to the function of the website due to the Client having this access.
3. Any changes, modifications, additions or edits made by the Client shall be the responsibility of the Client in totality.
4. In the event the Client makes any changes to their website and any function or performance issues arise AND should the CLient seek the assistance of WordPresto to address or repair any such issues, this falls under the Client’s maintenance time and will require the use of this time.  In the event the CLient does not have any maintenance time available and they still want WordPresto to repair the issue, the Client will be required to purchase more time in order to address the issue.  WordPresto shall provide a time estimate ahead of engaging the repair and the Client will be required to purchase this time BEFORE WordPresto attempts to address the issue.
5. In the event WordPresto is unable to repair the issue, they may elect to revert the website from a backup copy of the website to repair the issue.  This decision shall be made at the sole discretion of WordPresto.

• Confidential Information

WordPresto will not, during or subsequent to the term of this Proposal, use Client’s or any Client’s Confidential Information for any purpose whatsoever other than the performance of the Services on behalf of Client or disclose Client’s Confidential Information to any third party, without the advanced written authorization of the Client and/or the relevant Client. WordPresto further agrees to take all reasonable precautions to prevent any unauthorized disclosure of such Confidential Information including, but not limited to, limiting access to such information to individuals within its organization that have a bona fide need to know of such information, having each employee of WordPresto, if any, with access to any Confidential Information execute a nondisclosure Proposal containing provisions and restrictions substantially similar to those contained in this Proposal.

WordPresto agrees not to disclose or communicate, in any manner, either during or after WordPresto’s Proposal with Client, information about Client, its operations, clientele, or any other information, that relate to the business of Client including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Client. WordPresto acknowledges that the above information is material and confidential and that it affects the profitability of Client. 

• Limitation of WordPresto’s Liability to Client

In no event shall WordPresto be liable to Client for lost profits of Client, or special or consequential damages, even if WordPresto has been advised of the possibility of such damages.  WordPresto’s total liability under this Agreement for damages, costs and expenses, regardless of cause, shall not exceed the total amount of fees paid to WordPresto by Client under this Agreement or $1.00, whichever is greater.

WordPresto shall not be liable for any claim or demand made against Client by any third party except to the extent such claim or demand relates to copyright, trade secret, or other proprietary rights.

Client shall indemnify the WordPresto against all claims, liabilities and costs, including reasonable attorney fees, of defending any third party claim or suit arising out of the use of the Software provided under this Agreement, other than for infringement of intellectual property rights. WordPresto shall promptly notify Client in writing of any third party claim or suit and Client shall have the right to fully control the defense and any settlement of such claim or suit.

• Limited Warranty Period

Providing the Client or any of their representatives have not made any modifications, edits, or revisions to the website, the normal warranty period is 30 days from the date of website completion.  The client will be entitled to a limited warranty for 30 days to address any issues with items the WordPresto team created or published. Anything done by the client, or if the log file is deleted, then the warranty is not applicable.

• Some notes