Terms of Service OLD

Last Updated December 29, 2022

wpminder.com is owned and operated by Red Kite Creative LLC. The use of services from wpminder.com (hereafter referred to as “WP Minder”) constitutes agreement to these Terms and to the Data Processing Addendum (DPA, located at https://www.wpminder.com/dpa/). Together these Terms of Service and DPA constitute a binding legal agreement between WP Minder and you, the Client.

You agree that it is your responsibility to review this Terms of Service information periodically to familiarize yourself with any modifications, and that your continued use of this site and our services after such modifications will constitute agreement to any modified terms and conditions.

Also review the updated Privacy policies.

1. Authorization

You are engaging WP Minder as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize WP Minder access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.

2. Professional Plugin Licenses

If you have purchased in the past professional plugin licenses and continue to use those plugins on your website, it is your responsibility to keep those licenses up to date so that the plugins can be updated – otherwise your site has a security risk.

If we notify you that a professional license needs renewing and it has gone more than 30 days without being renewed, and we are unable to fully update your site because of it, we will purchase the license, update the website, and bill your credit card on file along with a service fee of $25/year/plugin.

3. Copyrights

WP Minder does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.

4. Pricing and Payments

All prices appearing on this site are subject to change without notice. Once a client of WP Minder, you authorize WP Minder to charge the payment method you submitted for all the invoices generated for the services rendered by WP Minder. In order to change payment method, login to your account, go to https://www.wpminder.com/my-account/payment-methods/ and make the change. To cancel, please contact us.

Monthly payments that are not able to be processed must be made within 7 days or the account will be temporarily suspended. We will attempt to recharge your card automatically. Once payment is made successfully the suspension will be removed. After 30 days of non-payment, the account will be closed and a backup of the website will be placed for you on Dropbox for a period of one week.

5. Cancellation and Refunds

Clients may cancel at any time by contacting WP Minder.

We provide an unconditional 14-day money back guarantee on all plans.

Refunds for monthly accounts will be processed if the request is received within 3 days of the date of payment. Otherwise, the service will terminate on the next monthly billing date. We reserve the right to issue a prorated refund on a case-by-case basis.

Quarterly and Annual plans are not eligible for a refund after the first 14 days.

Only first-time accounts are eligible for a refund. Violations of the Terms of Service will waive the refund policy.

6. Third-party or Client Page Modifications

With a WordPress-based website, the Client will independently edit or update content on his or her web pages after completion of the site. If anyone other than WP Minder or its subcontractors attempts to update the website’s core software, theme or plugins and damages the design or layout or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $125 per hour with a one-hour minimum.

7. Refusal of Service

WP Minder reserves the right to refuse service to any individual or business website that contains offensive, obscene, hateful, or malicious content or for any other reason.

8. Conduct on the Support Helpdesk or Email Communications.

You agree to conduct yourself in a respectful, professional manner regardless of the method of communication with WP Minder. In turn, we agree to treat you respectfully and professionally in our communications with you.

Using abusive or foul language or being threatening in any way when communicating with WP Minder will result in a suspension or termination of services. No refunds will be given for violations of the Terms of Service.

You agree that WP Minder reserves the right to suspend or terminate your services with or without prior notice and without liability for violations of conduct. In addition, you acknowledge that WP Minder will cooperate fully with investigations of violations of security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

9. Network Abuse

The following apply only to Clients who use WP Minder hosting services.

You may not engage in illegal, abusive, or irresponsible behavior, including but not limited to:

  • You may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server;
  • Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
  • Any conduct that is likely to result in retaliation against WP Minder;
  • Use of our system or network in a way that unreasonably interferes with other clients’ use and enjoyment of the system or network.

Users who violate systems or network security will have their account terminated without refund and may incur criminal or civil liability.

10. Intellectual Property

For purposes of these Terms of Service, “content” is defined as any information, data, communications, software, photos, video, graphics, and other material that can be viewed by users on our website. This includes chat, forums, blog comments and any other original content on this website.

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, or other proprietary rights and laws, and is the sole property of WP Minder and its affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties as well as termination of your account.

All custom graphics, icons, logos and service names are registered trademarks or service marks of WP Minder or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of WP Minder or its affiliates.

11. Disclaimer of Warranties

All the materials and services on this website are provided on an ‘as is’ basis with no warranty of any kind, express or implied, including suitability for any intended purpose.

We make no warranty that:

  • Our services and materials will meet your requirements or expectations;
  • Our services and materials will be compatible with your hosting environment;
  • Our services and materials will be error-free;
  • Our services and materials will be uninterrupted;
  • Results from the use of our services and materials will be accurate or effective.

This website could include mistakes, inaccuracies or technical errors. We may make changes to the website at any time and information about such services and materials could be out of date.

We are not responsible for any damages your business may suffer. This includes loss of data resulting from delays and any and all service interruptions even if caused by us and our employees.

You understand and agree that temporary interruptions of the services provided by WP Minder may occur as normal events. You further understand and agree that we have no control over your host or any third party networks you may use in the course of the use of this site or our services, and therefore, delays and disruption of such networks are completely beyond our control.

You understand that all web hosts are different and that all of our services will not work with every host server setup. We will notify you during account setup if there are going to be problems using our services with your hosting setup. If settings on your host server change during your account period with us, that may affect our services and we will notify you if problems arise.

You understand that our automatic update services don’t extend to commercial plugins that require manual updates, such as those requiring you to login to the provider’s website and manually download and install new versions.

You agree that your website is an important part of your business and that you will check in on it from time to time, and if any problems are noticed you will start a support ticket by sending an email to [email protected] promptly. We rely on you to help us keep your site safe.

12. Limitation of Liability

To the extent not prohibited by law, in no event shall WP Minder be liable to you or any other person or entity, under any theory, including negligence, for damages of any kind arising from the use of the services, including but not limited to direct, indirect, actual, incidental, punitive, special or consequential damages, lost income, revenue or profits, lost or damaged data, or other commercial or economic loss, that result from your use of, or inability to use, the services, whether or not WP Minder has been advised of the possibility of such damages or such damages are foreseeable.

By using the services, you agree that this limitation will apply to any services and content that may be available through such services. In the event that applicable law does not allow the limitation or exclusion of liability or damages, you agree that in no event shall the total liability of WP Minder or its affiliates to you for all damages, losses and causes of action of any kind shall not exceed $100 (one hundred dollars).

Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have WP Minder, upon written notice from you to us, attempt to repair, correct or replace any deficient service and, if repair, correction or replacement is not reasonably commercially practicable for WP Minder, in its sole discretion, to refund any monies actually paid by you (1x your monthly fee) for the month in which you incur any loss or damage and to terminate and discontinue your use of the services.

13. Indemnification

You agree that you shall defend, indemnify, save and hold WP Minder harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against WP Minder, its agents, its clients, officers and employees, that may arise or result from your use or misuse of this website and our services.

You agree to defend, indemnify, and hold harmless WP Minder against liabilities arising out of any injury to person or property caused by (1) any products or services sold or otherwise distributed in connection with WP Minder’s service; (2) any material supplied by you that infringes on the property rights of a third party, including, but not limited to infringement of copyright, trademark, or trade secrets; and (3) any claim, suit, penalty, tax, or tariff arising from your use of Internet electronic commerce.

14. Security and Passwords

You are responsible for ensuring that others do not gain access to your password and account. Our support techs will never ask for your password. You may not share or transfer your account to anyone, and we reserve the right to immediately terminate your account if you do.

15. Domain Registrar for DNS Access

We require access to your domain registrar in order to point the DNS A record to our hosting provider, and occasionally to troubleshoot other issues. If using GoDaddy or a few other domain registrars, we’ll ask you to add WP Minder as a technical contact so we don’t need to bother you for access, both to point to our hosting and for any future troubleshooting.

If you have two-factor authentication enabled on your domain registrar account, you will need to disable it  at our request for 24 hours so that we can repoint the A record (or make other changes to DNS with your permission) without having to go back and forth trying to get a verification code. If you don’t want to do this, we’ll provide you with the IP address of your new host server and you can change the A record yourself.

16. CCPA Service Provider Information

This section applies only to the extent that WP Minder receives and/or processes end user personal information on behalf of our Clients, and CCPA (the California Consumer Privacy Act of 2018) applies to such end user personal information.

WP Minder understands and agrees as follows:

  • WP Minder is a servicer provider as defined by CCPA.
  • WP Minder shall not sell end user personal information.
  • WP Minder shall not retain, use, share or otherwise process any end user personal information for any purpose other than the specific purpose of performing the Services the Client has requested.

Any terms undefined here shall have the meanings set forth in the CCPA.

17. Governing Law

The laws of the State of Colorado, US, without reference to conflict of law provisions, will govern the validity of this Terms of Use agreement, the construction of its terms and the interpretation of the rights and duties of the parties involved.  Unless waived by WP Minder (which it may do in its sole discretion) the exclusive jurisdiction and venue of any action with respect to the subject matter of this Terms of Use agreement shall be Colorado, US, and you agree to this waiving any objections on the basis of venue, jurisdiction or inconvenient forum.

18. Acceptance

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. WP Minder reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

19. Contact Information

Please contact us with any questions regarding the WP Minder Terms of Service by email at [email protected].