Introduction

This Site Terms of Service is an Enforceable Legal Agreement.

These Terms of Service and Privacy Policy (together the “Terms”) govern all use of The WP Keeper Service (http://www.thewpkeeper.com) and the site’s services (together the “Site” or “Services”). The Site is owned by A Bright I Creative LLC, a Limited Liability Company.

The owner of the Site will be referred to as “I,” “my,” or “me” in these Terms. By using the Site or its Services, and/or by clicking anywhere on this Site to agree to these Terms, you are deemed to be a “user” for purposes of the Terms. You and every other user (“you” or “User” as applicable) are bound by these Terms. You and each User also agree to the Terms by purchasing the Services, creating an account, submitting a form, and using the Services.

Before using any of The WP Keeper Services, you are required to read, understand and agree to these Terms. You may only create an account after reading and accepting these Terms. If any User does not agree to the Terms, such User may not access the Site or use the Services. In these Terms, the word “Site” includes the site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.

The WP Keeper Service

Description

The Site is an online service that offers website maintenance and webmaster support and services via email, chat, and phone to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content I make available to or perform for Users, 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 for any other reason within or outside of my control. I reserve 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 my sole discretion and without prior notice.

At this time, The WP Keeper Service does not support multi-site WordPress installations.

Account Registration

As a condition to using Services, you are required to open an Account with The WP Keeper 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 The WP Keeper Account.

Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. 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 trade mark 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, whether or not you authorized it, and you agree to immediately notify me of any security breach of your Account. I 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 The WP Keeper account.

You agree to inform The WP Keeper of unauthorized use of your account, by email to grace@abrighticreative.com. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.

Services are available only to legal entities and to individuals who are at least 18 years old.

The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the The WP Keeper 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.

I reserve the right to cancel a User account or to change profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.

User Authorization

User understands that they are engaging A Bright I Creative LLC via The WP Keeper, as an independent contractor to perform work as described in the plan(s), package(s) or service(s) you have purchased. In the event access to the User’s website is necessary, User consents and hereby authorizes A Bright I Creative LLC access and “write permissions” to all directories and files with respect to User’s WordPress account with or any other third party hosting provider or domain registrar.

Pricing and Payments

You agree that you will pay for the Services, and that the Owner 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 THE WP KEEPER WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

Prices for the Services may change at any time at the Owner’s sole and exclusive discretion.

Support Requests and Reasonable Use

Instructions for how to request support are emailed to you immediately after you open an Account. Support must be requested through the proper channels, as noted in the instructions, in order to be received and responded to in a reasonable amount of time.

The WP Keeper provides support during it’s normal business hours of Monday through Friday, 9:00 a.m. to 5:00 p.m., unless otherwise specified in any plan, package, or service, but provides no guarantee either express or implied on the time-frame of when a support request can or will be resolved.

Your requests are subject to approval by The WP Keeper management or by its assigned agent.

One-Off Jobs

Each request is subject to a maximum of 30 minutes of development. The effort required for development is exclusively determined by the The WP Keeper management. For work outside of the scope of the The WP Keeper 30 minute development agreement, The WP Keeper management may provide alternative solutions to the client.

Nature of Requests

Requests should fall within the scope and categories of service provided for in your Plan.

If you are unsure about whether or not a request meets these criteria, you should submit your question in the same way you would request support.

Examples of requests which shall not meet The WP Keeper management approval for Plan or Package support:

  • Website redesign
  • Custom plugin development
  • Custom theme development
  • Search marketing/SEO services
  • Any fix deemed by The WP Keeper management to exceed the fixed period for support specific in any plan, package, or service

Examples of requests which shall not meet The WP Keeper management approval for One-Off support:

  • Website redesign
  • Landing page design
  • Custom plugin development
  • Custom theme development
  • Search marketing/SEO services
  • Any fix deemed by The WP Keeper management to exceed the fixed period for support specific in any plan, package, or service

Third-Party Materials

Certain services available may include materials from third parties. The WP Keeper may provide links to third-party websites as a convenience to you. You agree that The WP Keeper 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 The WP Keeper is not in any way responsible for any such use by you.

Unlimited and Unreasonable Use

The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by The WP Keeper management, at its sole and exclusive discretion. Users deemed to be abusing the The WP Keeper service will be contacted by the The WP Keeper management. The WP Keeper management retains the sole and absolute discretion to suspend service to you if we deem necessary.

Cancellation and Refunds

Cancellation of any monthly recurring service can occur at anytime after your first full month (30 days) of service.

The WP Keeper may terminate or suspend any and all Services and/or your 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 Account with The WP Keeper, you may do so by signing into your Account. You also can contact me through the contact page or by sending a request to support@thewpkeeper.com to issue a 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.

Refunds for all products and services offered by The WP Keeper are available in full only within the 24-hour period immediately following User’s purchase. NO REFUNDS are offered after work on your purchased plan, package, or service has been started, unless otherwise specified in any authorized promotional materials and marketing campaigns. The WP Keeper does not provide price protection or refunds in the event of a price reduction or promotional offering.

Service Refusal

The WP Keeper reserves the right to refuse service to any individual, website, company, organization, or blog, including those that contain offensive, obscene, hateful, malicious content or for any other reason.

User Prohibited From Illegal Uses

User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.

User represents and warrants that:

  • User will use the Services only as provided in these Terms;
  • User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;
  • User will provide accurate, complete, and current information to the Site and its owner(s);
  • User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.

Liability Is Limited

THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.

NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.

The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Third party products, links, and actions

The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. I have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that I am not liable for any of them. I do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.

Changes to the Site and the Services

The Owner of the Site will work to improve the Site for Users, and to further my business interests in the Site.

The WP Keeper reserves the right, at its sole discretion, to modify or replace the terms, website content, features, Services or pricing at any time. If the alterations constitute a material change to the terms, The WP Keeper will notify you either by email or by posting an announcement on the site. What constitutes a material change will be determined at The WP Keeper’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.

You agree that I will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.

Indemnity

If your activity or any activity on your behalf creates potential or actual liability for me, or for any of my users, partners, or contributors, you agree to indemnify and hold me and any such user, partner, contributor, or any agent harmless from and against all claims, costs of defense and judgment, liabilities, legal fees, damages, losses, and other expenses in relation to any claims or actions arising out of or relating to your use of the Site, or any breach by you of these Terms of Use.

Intellectual Property

This site and some delivery modes of my product are built on the WordPress platform. For information about intellectual property rights, including General Public License (“GPL”) terms under which the WordPress software is licensed, see here http://wordpress.org/about/gpl/

The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.

Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.

The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.

All rights not expressly granted in these Terms are reserved by the Site.

Privacy

Any information that you provide to the Site is subject to the Site’s Privacy Policy, which governs my collection and use of User information. User understands that through his or her use of the Site and its Services, User consents to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all Users, such as service announcements and administrative messages. These communications are considered part of the Services and a User’s account with the Site, and Users are not able to opt out of all of them.

Disputes

I am based in Lusby, Maryland and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of Lusby, Maryland, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the Lusby, Maryland will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.

Arbitration

Notwithstanding anything that may be contrary within the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by me, which arbitrator shall hold hearings in or near Lusby, Maryland, under the rules of the American Arbitration Association.

General

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 The WP Keeper 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. The WP Keeper shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond The WP Keeper’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.

The WP Keeper may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Maryland between two residents thereof, the parties submit to the exclusive jurisdiction of Maryland courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings between User and the Site relating to the subject matter of the Terms.

Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.

Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services.

If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.

User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services.

Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

Terms Contact

If you have any questions about these Terms, please address them to grace@abrighticreative.com. I reserve the right to make changes to these Terms. Any changes to these Terms will be posted immediately.

Last Updated

These terms were last updated on April 17, 2017.