Terms of Use

Last Updated March 12, 2017

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.

You agree that it is your responsibility to review this Terms of Use 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.

1. Description of Services

WP Minder® offers WordPress maintenance and support services. You are responsible for providing, at your own expense, all equipment necessary to use the services. This includes a computer, Internet access, and a hosting account.

We reserve the sole right to modify or discontinue this website, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right.

Any new features that modify or enhance the services on this site shall also be subject to these Terms of Use.

2. Registration and Customer Information

You must register for our services through our website and will be required to use a credit card for monthly recurring payments. By registering, you agree that all the information you submit is accurate and agree that it is your responsibility to maintain current and accurate information on your account administration page. Providing false contact information of any kind may result in the termination of your account, and failing to update your contact address may result in your missing an important announcement or other news.

Please refer to our Privacy Policy for information on how personal and sensitive information is collected and used.

2a. Contact

We can contact you in regards to your purchased service during and after the service term, or in regard to any other services you may find useful in the future.

We can use your company URL or logo in our promotional materials, on our website, or in social media, but will advise you of such use beforehand.

3. Conduct on wpminder.com and Our Support Helpdesk

You agree to conduct yourself in a respectful, professional manner regardless of the method of communication with us. Specifically, you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, media, or other information — that:

  • Contains any form of harassment, cursing, threats, or ill will directed towards WP Minder staff or authorized agents;
  • Clearly infringes on another person’s trade or service mark, patent, or other property right;
  • Is defamatory or violates another person’s privacy;
  • Contains any form of reference to sexual acts;
  • Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • Improperly exposes trade secrets or other confidential or proprietary information of another person;
  • Contains malicious code or links to such a website with the intent to disrupt or damage the functioning of wpminder.com or our Helpdesk;
  • Constitutes spam or junk mail or any form of unauthorized advertising;
  • Impersonates any person or entity, including any of our employees or representatives;
  • Is otherwise malicious, fraudulent, or may result in retaliation against WP Minder by offended viewers.

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.

4. Network Abuse

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 customers’ use and enjoyment of the system or network.

Users who violate systems or network security will have their account terminated and may incur criminal or civil liability.

5. Outside Websites

This website contains links to other sites. Please be aware that we are not responsible for the privacy practices or content of such other sites.If you have questions about their practices, please contact them directly.

6. Intellectual Property

For purposes of these Terms of Use, “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 Use, 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 Use grants you any right to use any trademark, service mark, logo, and/or the name of WP Minder or its affiliates.

7. Support Requests

Support requests must be submitted through the client area of wpminder.com in order for us to manage tickets in an efficient and trackable manner. Acceptable use of support requests include:

  • Hack or disaster recovery request (no charge for any plan)
  • Plugin problems
  • WordPress core file problems
  • Other errors
  • Research and recommendations for plugins
  • Installation of themes or plugins
  • Site migrations

Unacceptable support requests include:

  • Edits to content
  • Custom theme design
  • Other design tasks
  • Edits to custom-built themes
  • Commercial theme edits or urgent/emergency theme troubleshooting
  • Custom plugin development
  • SEO help

Support time is included in Business (30 minutes/month) Plan, and may be purchased at a discounted hourly rate ($70) for Starter and Small Business plans. Support tasks that will take longer than 30 minutes will get an estimate that the customer must approve before starting.

Note that all support requests count against time included or purchased with any Plan.

Custom theme design and theme edits are available through our parent company Red Kite Creative at normal hourly rates ($95) – note that this is not for urgent or emergency requests.

Emergency support – during business hours emergency support requests are $70/hr. After hours (if available) the hourly rate is $125.

8. Cancellation and Refunds

Customers may cancel at any time by filling out a cancellation request. We provide an unconditional 14-day money back guarantee on all plans. After 14 days refunds will be prorated on the basis of any unused time in that specific month.

Only first-time accounts are eligible for a refund. For example, if you have had an account with us before, cancelled and signed up again, you will not be eligible for a refund.

Violations of the Terms of Use will waive the refund policy.

Cancelled account owners will immediately be restricted from logging in to wpminder.com and all maintenance services will be stopped within 24 hours of cancellation.

9. 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, no deliveries, wrong delivery, and any and all service interruptions 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 agree that content provided by us for download to your computer or to other devices may not be error free, and that you are solely responsible for damage incurred to devices or loss of data as a result of such download.

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 submit a support ticket to wpminder.com promptly. We rely on you to help us keep your site safe.

10. Limitation of Liability

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.

11. Indemnification

On request by us, 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 customers, 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.

12. Payments

Payments are billed automatically to your credit card on a monthly recurring basis. It is your responsibility to keep credit card and other account information up to date on your account administration page.

Payments that are not able to be processed must be made within 10 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.

13. Security and Passwords

You are solely responsible for maintaining the security of your login username and password for wpminder.com. 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 to.

14. 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.

15. Contact Information

WP Minder is owned and operated by Red Kite Creative LLC which can be reached by mail at the address below, or you can contact us at info@wpminder.com.

Red Kite Creative LLC
Box 272245
Fort Collins, CO 80527