Terms & Conditions

 

Please read carefully. This pertains to your purchase and/or to your usage of any stressfreewp products or services, including this website.

“The Agreement”

This agreement  is applicable to visitors and/or customers and sets out our terms and conditions and this site and our other sites (collectively “Sites”) and any products or services offered by us. SFWP INC is  committed to being transparent about our websites and our products and services and this document demonstrates our firm commitment to transparency, openness and honesty.

This agreement is by and between the visitor of this website, or purchaser of a product or service from us, hereafter the “Client” and SFWP INC, hereafter the “Company”.

If you do not agree to these terms, you must notify us and cancel your service immediately. Payment for a product or service is considered acceptance of the terms of this agreement.

 

Disclaimer

Neither the Company nor anyone else who has been involved in the ideation, creation, production or supply of any of the services that the Company offers or performs shall be liable to You or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with The Agreement those services for any:

economic loss of any kind whatsoever, or
loss of profit, business contracts, revenues or anticipated savings, or
damage to Your reputation or goodwill, or
loss resulting from any claim made by any third party, or
special, indirect or consequential loss or damage of any nature whatsoever, and You shall indemnify the Company from and against any claim which may be made against the Company in respect thereof.

 

Website Support Plans

The Company website support plans (the “Plan”) is a great way to keep a website secure and up to date, while sticking to a pre-arranged budget.

The “Client” is contracting the “Company” as a provider of website update services. Any services not included in the “Plan” that was purchased are not considered part of The Agreement.

This agreement has no fixed term and Client can cancel at any time with 10 days written notice. A refund will be provided for any prepaid period of time exceeding the current billing month. Details provided by the Client during the signup process will be used as point of contact unless otherwise specified.

 

Authorization

The Client is engaging the Company as an independent contractor for the specific task of completing several bare-minimum updates, backup tasks and general check up for the Client’s WordPress website (the “Website”).

As part of this authorization, the Client agrees to provide the Company with username and password for a user with administrator access to the WordPress interface. This set of login credentials shall be used only by Company and we agree to keep it secure. We may give this information to third-party services that we use to help us manage our Client’s WordPress websites.

Official updates and communication with the Client will be made via email and occasional newsletters.

 

What IS included in this website support agreement (The Services):

To be completed on or around the 1st of every month (not all options listed apply to every plan. Please see our website for which plans contain which specific services):

 

  • Update plugins to latest version
  • Update themes and frameworks.
  • Update wordpress core to latest version.
  • Security Scan for malware.
  • IP and Email blacklist check.
  • Website Backups (Backups are completed to secure Amazon S3 Cloud Storage)
  • Remove spam comments
  • Optimize the WordPress database

 

Please note: we may perform any of these actions at any time if it is deemed necessary for security purposes

 

As we go through and make these updates and check for malware or blacklisting, problems can arise:

 

  • When doing updates, websites can crash, themes or plugins can break, websites can malfunction
  • Malware or security scans can find your website to have been infected with malware.IP and Email blacklist checks can find that your IP has been blacklisted.

Included in each website support plans is one (1) hour of labour towards fixing of any issues  that arise when performing updates or security related tasks that are part of the selected plan. Any additional time will cost $75/hour. The Client will be consulted prior to commencing work that exceeds the one hour of free labour.

 

What is NOT included in this website support agreement:

Website development of any kind. Our website support plans are meant as a way for us to help keep your website in good, running condition; they are not meant for website development tasks and come with no guarantee of service (or SLA)

 

  • Website Hosting (available upon request)
  • Domain management or services (available upon request)
  • Website design, website redesign, website re‐alignment or website re‐development
  • Search Engine Optimization services
  • CMS design or integration including but not limited to blogs, shopping carts and web forums
  • Subdomains
  • Website Migrations
  • Email support, management or maintenance
  • Anything not explicitly outlined in the list above titled “What is included in this agreement” is not included and shall incur the rate of $75/hour

Compensation

You agree to compensate the Company, for the services described once every month, 3 months or 6 months via automatic credit card withdrawal at the amount and frequency selected when the service is initially started on your website (the “Support Fee”).

 

In the event You fail to pay the Support Fee, the Company. shall have the right to pursue any or all of the following remedies:

 

  • attempt to bill the account or credit card again;
  • terminate this Agreement;
  • immediately stop all work currently in progress on Client’s website or remove unpaid for material;
  • commence legal action.

Additional Services:

Any revisions, additions, or redesign You request that the Company perform that is not specified in the Plan, shall be considered “additional services” and will require a separate agreement and additional payment. The Company shall advise You on any requested additional services that falls within these bounds.

 

Authorization

You hereby authorize Company to access Client WordPress administration, providing active user name / password combinations.

 

Changes to Fees and Plans

All Support Fees are subject to change.

Company reserves the right, at any time, to modify or discontinue (temporarily or permanently) any of the services described in the Plan (or any part thereof), on thirty (30) days notice to you. These changes are at the discretion of the Company and are a part of the constantly changing nature of the internet and technology and our desire to provide our customers with the latest best-practices, products and services. Support Fees are also subject to change on thirty days notice to you.

 

Non-Disclosure

The Company, its employees, subcontractors, and consultants agree that, except as directed by You, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Likewise, You agree that you will not convey any confidential information obtained about SFWP INC. to another party. You shall not share, re-sell or attempt to share or re-sell the services described in the Plan, transfer or attempt to transfer this agreement or permit any third party to use and/or access any information obtained from the Company for any purpose without prior consent of the Company.

 

Confidentiality

1.   All confidential information of the Company or You or of any of our customers disclosed to or discovered by the other as a result of the provision of the services described shall be regarded as disclosed in confidence and shall only be used in connection with the performance of its obligations under this agreement.  Such information shall not be passed on to third party and/or in any way be made use of at any time either during or after the termination of this agreement save with consent of the other or which comes into the public domain (otherwise than through the unauthorised disclosure by the other). The Company may disclose personal information to third parties such as names and email addresses only as required to carry out business activities and our products or services, such as email newsletters, billing and accounting services, etc.

  1.   You shall promptly notify the Company if You become aware of a breach of confidence in relation to the services described in the Plan or this agreement and shall give the Company all reasonable assistance in connection with any proceedings the Company may institute against a third party at the Company’s expense. The Company may be required, in the course of maintaining domain names, to provide registrars with current registrant information including names, billing addresses, phone numbers and email addresses.

 

Disclaimer

1.   If the services described in the Plan are or become unavailable, then the Company will use reasonable measures to repair and reinstate those services within 24 hours of detection. If the failure is caused by You or any agent of You, then You shall pay all costs to reinstate and/or repair such services. Where such unavailability is due to the negligent failure of the Company to deal with circumstances within its control and is for more than a total of 24 hours in any 30 day period or for any 6 consecutive hour period then the Company will, at its discretion, either pay to You compensation limited to a refund of the fee paid by you for the unavailable services or provide you with a credit up to the same amount.

2.   The Company shall have no liability for loss or damages arising from being prevented or delayed in or from performing any of the services described in the Plan or any of the Additional Services, due to circumstances beyond its control.  Such circumstances are, but shall not be limited to, governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency.

 

 

 

Total Agreement

If a party other than the Company makes changes to Your website, any errors that are created, that must be repaired, will be done so at Your expense.

This agreement constitutes the sole agreement between the Company and You regarding this project. It becomes effective when You make Your first payment. It is the spirit of this agreement that this will be a mutually beneficial arrangement for You and the Company.

 

 

Website Hosting

The Company will host a website (Hosting Plan) for a Client, upon request, for an extra fee. This is not a standard service and is not something we advertise on our website.

Official updates and communication with the Client will be made via email and occasional newsletters.

What IS included in our website hosting agreement (The Services):

  • Website hosting for a WordPress website
  • MySQL database hosting for your WordPress website only
  • FTP user account, if requested by Client

 

What is NOT included in our website hosting agreement:

  • Website development or website support of any kind
  • Search engine optimization services
  • Email support
  • Domain management or support
  • Anything not explicitly defined in the list above titled “What IS included in our website hosting agreement”

 

Please note that we reserve the right to cancel, terminate, or suspend a Hosting Plan at any time at our sole discretion if we believe, whether correct or not, that your website or web hosting directory contains malware, viruses, email spam, illegal, pornographic, hateful, or abusive content, or any other content that we deem, at our sole discretion, to be unfit or inappropriate.

We do not make any guarantee of features, service, website uptime, or any other guarantee with our Hosting Plan. If you require any guaranteed services or features for your website, you agree that you will terminate your Hosting Plan with us and find a provider that is more suitable to your needs. We are not responsible or liable in any way for any website hosted with us, and our website hosting service is provided completely “as-is”.

Compensation

You agree to compensate the Company, for the services described once every month, 3 months or 6 months via automatic credit card withdrawal at the amount and frequency selected when the service is initially started (the “Hosting Fee”).

 

In the event You fail to pay the Hosting Fee, the Company shall have the right to pursue any or all of the following remedies:

 

  • attempt to bill the account or credit card again;
  • terminate this Agreement;
  • immediately stop all work currently in progress on Client’s website or remove unpaid for material;
  • Immediately suspend the Client’s website hosting service
  • commence legal action

 

Authorization

By having your website hosted by us, you hereby acknowledge that you understand we will have access to your website data. If you are part of a regulated industry (financial services, real estate, etc) where the Company having access to certain information on your website is not allowed or requires extra contracts or agreements, you must notify us of such. We are not professionals in all industries and therefore cannot be held liable in any way, shape, or form for any reason for hosting your website. You must know and follow the rules, policies, laws and regulations of your particular industry. It is your duty to notify us of any particular rules, policies, laws and regulations that would apply to us hosting your website.

 

Changes to Fees and Plans

All Hosting Fees are subject to change without notice, however we will do our best to notify you ahead of time about any changes.

Company reserves the right, at any time, to modify or discontinue (temporarily or permanently) any of the services described in the Hosting Plan (or any part thereof), on thirty (30) days notice to you.

 

Non-Disclosure

The Company, its employees, subcontractors, and consultants agree that, except as directed by You, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Likewise, You agree that you will not convey any confidential information obtained about SFWP INC. to another party. You shall not share, re-sell or attempt to share or re-sell the services described in the Hosting Plan, transfer or attempt to transfer this agreement or permit any third party to use and/or access any information obtained from the Company for any purpose without prior consent of the Company.

 

Disclaimer

1.   If the services described in the Hosting Plan are or become unavailable, then the Company will use reasonable measures to repair and reinstate those services within 24 hours of detection. If the failure is caused by You or any agent of You, then You shall pay all costs to reinstate and/or repair such services. Where such unavailability is due to the negligent failure of the Company to deal with circumstances within its control and is for more than a total of 24 hours in any 30 day period or for any 6 consecutive hour period then the Company will, at its discretion, either pay to You compensation limited to a refund of the fee paid by you for the unavailable services or provide you with a credit up to the same amount.

2.   The Company shall have no liability for loss or damages arising from being prevented or delayed in or from performing any of the services described in the Plan or any of the Additional Services, due to circumstances beyond its control.  Such circumstances are, but shall not be limited to, governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency.

 

 

 

Relationship

You and the Company are independent parties and nothing in this agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party.

By using this website, or purchasing one of our products or services, You waive and release the Company personnel and/or its representatives and successors from all claims or liabilities of any kind.

Both the Company and You agree to the terms of this agreement based on the payment for services by You and the acceptance of payment by the Company.

 

 

Governing Law

This Agreement will be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable in that Province and will be treated, in all respects, as an Ontario agreement.

 

Termination

You may cancel this agreement at any time, by providing one month’s written notice to the Company, provided that payment is up‐to‐date. A pro‐rata refund will be given for any unused period of the advance payment greater than 30 days.

The Company also reserves the right to cancel this agreement at any time, for any reason, without prior notification and will provide a cancellation notice either electronically or in writing sent to the address of record.

 

Privacy

  • The information you provide to us will be stored securely on computer. The Company is committed to protecting your privacy. We and any of our associated companies may use the information you provide us to provide a more personalised service and to tell You about changes in our and their service or any new services which we think you will find valuable. If you object to any of these uses at any time, then please inform us by email at info@stressfreewp.ca. We may also use such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these conditions. Please see the Privacy Policy on our website for more information on how we protect your privacy.
  • We will not monitor, edit or disclose the content of Your information unless required to do so by law or in the good faith belief that such action is necessary to conform or comply with applicable law, to protect and defend the rights and/or property of the Company or to protect the personal safety of any of our clients or the public.

 

Last Updated July 26th, 2017