WP Upwork Terms of Service
Last Updated: December 9, 2016
TERMS OF SERVICE
We request you to read, understand the terms and once you agree with these terms, you may supposed to create an account. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE WP UPWORK SERVICES ("SERVICES"). BY USING THE WP UPWORK SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT WP UPWORK ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
DISCRIPTION OF SERVICE
WP Upwork is an online wordpress supports & service provider 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 WP Upwork 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 utilization of the Site might be hindered every once in a while as a consequence of gear breakdown, upgrading, upkeep or repair of the Site or whatever other reason inside or outside the control of WP Upwork. WP Upwork 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.
WP Upwork service does not support multi-site WordPress installations.
To utilize WP Upworksite services, you are required to open an account with email, password which is exact and current at all times. Inability to do as such will break the terms and your record will be ended quickly.
You are not supposed to use any email, entity or trademark that is subjected to another person, or a name that is offensive, vulgar or obscene.
You are exclusively responsible for keeping up the secrecy and security of your Account and for all activities that happen on or through your Account, and you consent to instantly tell WP Upwork of any security break of your Account. WP Upwork 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 WP Upwork Account.
Services are accessible just to lawful elements and to people who are no less than 18 years of age.
The term "you" or "your" as used herein shall at all times include the individual or legal entity which has subscribed to the WP Upwork 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.
You agree that you will pay for the Services, and that WP Upwork may charge your payment method for any services purchased and for any extra sums (counting any assessments and late expenses, as pertinent) that might be collected by or regarding your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING WP UPWORK 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 WP Upwork's sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
USE OF SERVICES AND RENTED CONTENT
You agree that the Service may incorporate security innovation that restrains your utilization and that you might utilize the Service in consistence with the appropriate use rules built up by WP Upwork and its licensors ("Usage Rules"), and that some other utilize may constitute a copyright encroachment. WP Upwork reserves the right to modify the Usage Rules at any time. You concur not to violate, circumvent, figure out, decompile, dismantle, or generally mess with any of the security innovation identified with such Usage Rules for any reason-or to endeavor or help someone else to do as such. Usage of rules might be controlled and observed by WP Upwork for consistence purposes, and WP Upwork maintains all authority to implement the Usage Rules without notice to you. You agree not to get to the Service by any methods other than through software that is worthy to WP Upwork. You should not get to or endeavor to get to a record that you are not approved to get to. Infringement of framework or system security may bring about common or criminal risk.
RELEASE AND INDEMNITY
You hereby explicitly and irreversibly discharge and always release WP Upwork, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and allocates of and from any activities, reasons for activity, suits, procedures, risk, obligations, judgments, cases and requests at all in law or value which you ever had, now have, or in the future can, might or may have, for or by reason of, or emerging specifically or by implication out of your utilization of the Site and the Services.
You hereby agree to indemnify and hold harmless WP Upwork, 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 Upwork email and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no occasion should WP Upwork be obligated to You under any lawful or fair hypothesis, including yet not constrained to contract, tort, strict risk, carelessness, normal lawor regarding the site, the services or any substance (i) for any lost benefits, loss of utilization, or real, uncommon, aberrant, coincidental, corrective, or noteworthy harms of any sort at all. You comprehend that your sole solution for any harms you affirm have been supported as an after effect of the Services is to scratch off your subscription.
WP UPWORK, 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 UPWORK OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
WP Upwork graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of WP Upwork. WP Upwork licensed innovation may not be utilized as a part of association with product or service without the earlier written consent of WP Upwork. Despite the prior,the images and icons available in the WP Upwork Press Kit may may used by partners and approved third party sites in connection with providing appropriate links to the WP Upwork 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 email@example.com.
Each request is subject to a maximum of 30 minutes of development. The effort required for development is exclusively determined by the WP Upwork management. For work outside of the scope of the WP Upwork 30 minute development agreement, WP Upwork management may provide alternative solutions to the client including referral to the WP Upwork partner network.
WP Upwork provides 24/7 support, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by WP Upwork management or by its assigned agent.
NATURE OF REQUESTS
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 request meets these criteria, just drop an email at firstname.lastname@example.org.
Examples of requests which shall not meet WP Upwork management approval for support:
- Website redesign
- Landing page design
- Custom plugin development
- Custom theme development
- Search marketing/SEO services
Any fix deemed by WP Upwork management to exceed 30 minutes effort
You agree that WP Upwork is not in charge of examining or evaluating the content or accuracy and does not warrant and won't have any risk or duty regarding any third-party materials or websites, or for whatever other materials, products, or services of third-parties. You agree that you won't utilize any third-party materials in a way that would encroach or violate the rights of any other party and that WP Upwork is not at all in charge of any such use by you.
UNLIMITED AND REASONABLE USE
The term "unlimited" is subject to a reasonable use clause. The meaning of reasonable use is determined by WP Upwork management, at its sole and restrictive carefulness. Clients esteemed to mishandle the WP Upwork management will be reached by the WP Upwork management. WP Upwork management holds the sole and outright attentiveness to suspend service to you in the event that we esteem vital.
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 Upwork may terminate or suspend any and all Services and/or your WP Upwork 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 WP Upwork 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 to issue a termination request.
WP Upwork 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 Upwork will notify you by posting an announcement on the site. What constitutes a material change will be determined at WP Upwork 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 Upwork 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 Upwork shall not be liable for any failure to perform its obligations here under where such failure results from any cause beyond WP Upwork'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 Upwork 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.