Zen WP, Inc. Terms of Service
Last updated on July 19, 2016.
TERMS OF SERVICE
Before using any of the Zen WP services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE ZEN WP SERVICES (“SERVICES”). BY USING THE ZEN WP SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT ZEN WP’S DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Zen WP Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
DESCRIPTION OF SERVICE
The Site is an online service that offers chat and email support to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content Zen WP 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 Zen WP. Zen WP 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.
Zen WP service does not support multi-site WordPress installations.
As a condition to using Services, you are required to open an account with Zen WP and select a password and username, and to provide registration information. 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 Zen WP account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Zen WP of any security breach of your Account. Zen WP shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Zen WP account.
Services are available only to legal entities and to individuals who are at least 18 years old.
You agree that you will pay for the Services, and that Zen WP 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 ZEN WP WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product 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 Zen WP’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
- Payment is collected in advance for each month of Service.
- A month of Service starts on the day payment is successfully received and cleared until the same calendar day of the following month. For example, if payment is made on January 15, Service is valid from January 15 to February 14.
- If the credit card on file is declined when charged, we will attempt to charge it again in three days. If it is declined a second time, we will attempt to charge it again in three days. If it is declined a third time, we will cancel the account.
- Refunds are not given.
- Accounts may be paused between each month of service. They may not be paused within a month of service.
USE OF SERVICES AND RENTED CONTENT
You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by Zen WP and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. Zen WP reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Zen WP for compliance purposes, and Zen WP reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to Zen WP. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Zen WP, 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 Zen WP, 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 Zen WP Username and Password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall Zen WP be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or 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.
ZEN WP, 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 ZEN WP OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Zen WP, zenwp.co and other Zen WP, Inc. graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of Zen WP. Zen WP’s intellectual property may not be used in connection with any product or service without the prior written consent of Zen WP. Notwithstanding the foregoing, the images and icons available in the Zen WP Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the Zen WP Site.
SUPPORT REQUESTS & REASONABLE USE
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email your account manager, email@example.com, or firstname.lastname@example.org.
Zen WP management may also provide alternative solutions to the client including referral to the Zen WP partner network for work that may exceed 30 minutes of effort.
Zen WP provides 24/7 support, but provides no guarantee either expressed or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by Zen WP management or by its assigned agent.
- Zen WP will make an attempt at a support request as long as the request is received by Zen WP within a valid and paid service period.
- For a support request to be considered for fulfillment, Zen WP must receive it via email at email@example.com or by a User’s account manager’s email address under the domain zenwp.co.
NATURE OF SUPPORT REQUESTS DEFINED AS “JOBS”
Each Job request by the User is subject to a maximum of 30 minutes of development. The effort required for development is exclusively determined by the Zen WP management.
Job requests should fall within the following categories:
- Styling elements with CSS
- Content population & image manipulation
- Creation of basic graphics (e.g. buttons, banners, etc.)
- WordPress consulting (advice and support)
- Theme/plugin audits
- Plugin installation and implementation
If you are unsure about the whether or not a Job request meets these criteria, submit it as a ticket to our support system or your assigned account manager and we will either accept the ticket or deny the ticket based on managerial approval.
Examples of Job requests which shall not meet Zen WP management approval for support:
- Website redesign
- Landing page design
- Custom plugin development
- Custom theme development
- Search marketing/SEO services
- Any fix or task deemed by Zen WP management to exceed 30 minutes effort
HOSTING AND DOMAIN SUPPORT
Any work that pertains to a User’s hosting plan and website domain will be considered hosting and domain work. Hosting and domain support is only offered to User’s on Zen WP’s Pro Plan and it’s use falls under the restrictions outlined for Jobs in this document.
In addition to subscribing to any of Zen WP’s monthly recurring plans, you may request work on a project basis for anything that falls outside of your subscription’s predefined scope. You do not have to be a current subscriber to request work on a project basis.
The nature of the work and its cost will be determined by explicit, written, and mutual consent between you and Zen WP.
Before any work begins, you will provide us at Zen WP with as much detailed information about the requirements of the project as possible to determine the scope of work. Afterwards, a Statement of Work will be provided to you, which will also include the cost to complete the project.
Every project is allowed a maximum of two revisions after completion. Any revision whose work and/or detail was not specified upon the initial agreement of the project is up to the sole discretion of Zen WP and its management to fulfill. If no revisions are requested upon completion or you fail to respond to any communication within 14 calendar days during the course of the project, Zen WP may, at its sole discretion, deem the project closed and completed.
Projects will be billed in two invoices. The first invoice, where 50% of the project’s cost will be billed, will be delivered before beginning any work and must be paid in full before any work begins. The second invoice, where the last 50% of the project’s cost will be billed, will be delivered when the project is deemed closed. All invoices must be paid in full within 15 calendar days of delivery (net 15).
We’re an honest group of people. Zen WP will make every effort to fulfill the requirements of the requested project work if it is accepted by Zen WP management. However, fulfillment is not guaranteed due to circumstances outside of Zen WP’s control.
If at any time payment of services is not received, we will revert any changes we made for the project.
SECURITY PLAN AND SECURITY GUARANTEE
Zen WP will make every effort for its Users to secure the integrity, information, and access to the User’s website. However, any security measure implemented by Zen WP or any outside firm is able to be defeated. Therefore, Zen WP does not provide guarantees to the security of a User’s website.
Upon the User’s website’s security being compromised after implementing Zen WP’s security plan, Zen WP, however, guarantees that it will make an effort to correct the issue. However, results are not guaranteed.
DESIGN & WORDPRESS CONSULTING
Users of Zen WP may request advice from Zen WP management that pertain to WordPress and other related services. Zen WP does not guarantee the accuracy, reliability, not success of the advice and the outcome upon implementing said advice.
Certain services available may include materials from third parties. Zen WP may provide links to third-party websites as a convenience to you. You agree that Zen WP 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 Zen WP 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 Zen WP management, at its sole and exclusive discretion. Customers deemed to be abusing the Zen WP service will be contacted by the Zen WP management. Zen WP management retains the sole and absolute discretion to suspend service to you if we deem necessary, although a reasonable attempt will be made to switch the Customer to a different plan including but not limited to a custom-tailored plan, created by the Zen WP management.
Zen WP will perform a file and database of your WordPress website at least once a week. Backups are stored on remote servers managed by Zen WP and software is used to perform the backup but the quality of the backup is not guaranteed. If the size of the backup is greater than 2 gigabytes of data, the backup will not be performed.
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.
Zen WP may terminate or suspend any and all Services and/or your Zen WP account 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 Zen WP account, 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.
- In order for a termination request to be fulfilled, termination requests must:
- be successfully received by Zen WP via email at firstname.lastname@example.org
- User must receive a confirmation of cancellation
2. Cancelled accounts will be valid for the remainder of the month of Service that was paid unless the payment for the last month of service was invalidated or refunded to the user in any form.
CUSTOMER REFERRAL PROGRAM
Zen WP offers a customer referral program to current customers. Current customers who refer another customer are eligible to receive the next month of service free of charge.
Current customers are only eligible for this offer if the new customer being referred explicitly states that he/she was referred by the existing customer within seven calendar days of signing up. In order to identify the referrer, the referred customer must provide the referrer’s full name and email address.
When customers receive the next month of service free of charge due to referring another customer, the referrer’s current month of service will be extended by one calendar month.
Zen WP 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, Zen WP will notify you by posting an announcement on the site. What constitutes a material change will be determined at Zen WP’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 Zen WP 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. Zen WP shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Zen WP’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. Zen WP 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 California between two residents thereof, the parties submit to the exclusive jurisdiction of California 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.
If there are any questions regarding this Terms of Service, you may contact us using the information below.
Zen WP – www.zenwp.co
2549 Eastbluff Dr. Suite 161
Newport Beach, CA 92660