Terms and Conditions

1. TERMS AND CONDITIONS

You must read and accept the present Terms and Conditions and Privacy Policy before you can use the WPKeeper.ca website or any WPKeeper.ca services. By accessing and continuing to use the WPKeeper.ca website or services offered on this website, you confirm your agreement to be subject to the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access or use the WPKeeper.ca website or services offered by WPKeeper.ca website.

We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.

As used in these Terms and Conditions, references to our “Associates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents or services.

WPKeeper.ca may choose to provide a prior written notice if the changes significantly impact services provided to WPKeeper.ca client’s, but WPKeeper.ca will do this solely at its own discretion and is in no way obligated to provide notice.

2. PRIVACY POLICY

WPKeeper.ca is committed to respecting your privacy, and does not sell, trade or give out your personal information unless required as part of your service contract or by law. For our complete privacy policy, please consult Privacy Policy.

3. ELIGIBILITY CRITERIA FOR SERVICES

The services offered through the WPKeeper.ca website are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our services are available only to persons aged 18 and over.

If you are under the age of 18, you can not use the WPKeeper.ca website without the permission and supervision of your parents or legal guardian. WPKeeper.ca also reserves the right to restrict the use of the Site to clients who have been temporarily or permanently suspended.

4. ACCOUNT CREATION

In order to access some of the services on this site, you will be required to use an account and password that can be obtained by filling in the form provided on the WPKeeper.ca website. Fees associated with our services can also be found on our website. 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 trademark 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.

5. ACCURATE ACCOUNT INFORMATION

You agree to maintain accurate information of your account while you are using WPKeeper.ca website or services offered by WPKeeper.ca website. This includes your full name, current address, phone number, billing details, security PIN, and working email address.

You agree that WPKeeper.ca may use and rely on any such information provided by you for all purposes in connection with your services, subject to WPKeeper.ca Privacy Policy. Should you provide any information that is inaccurate, misleading or incomplete, or if WPKeeper.ca has reasonable grounds to suspect that your information is inaccurate, misleading or incomplete, WPKeeper.ca has the right, in its sole discretion, to suspend or terminate its services and close your account.

6. ACCOUNT MAINTENANCE AND SECURITY

You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account. You agree that you are fully responsible for maintaining the confidentiality of your login information, password, and any other sensitive information.

You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify WPKeeper.ca immediately of any unauthorized use of your account or of any other breach of security.

You agree WPKeeper.ca will not be liable for any loss that you may incur as a result of someone else using your account access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by WPKeeper.ca or another party due to someone else using your account access information.

WPKeeper.ca advises you to keep your account access information in a secure location and take precautions to prevent others from gaining access and/or using your account access information. You may not, under any circumstance, compromise the security of your account or of the WPKeeper.ca infrastructure in any way.

While WPKeeper.ca has several measures in place to increase the availability and reliability of the data stored on its servers or in the cloud, you agree not to hold WPKeeper.ca liable for any errors or interruption of services, whether within or outside of WPKeeper.ca’s reasonable control.

In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

7. PAYMENTS

WPKeeper.ca accepts Visa, Mastercard, American Express, and Visa Debit. You agree that you will pay for the Services and that WPKeeper.ca may charge your payment method for any services purchased and for any additional amounts (including any taxes, late fees, or negative balances 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 WPKeeper.ca with a valid payment method for all payment fees.

Your total price will include the price of the service but expressly excludes any applicable taxes; such tax is based on the bill-to address and the applicable tax rate in effect at the time you use our services. Pricing for our services may change at any time at WPKeeper.ca’s sole and exclusive discretion.

WPKeeper.ca does not provide price protection or refunds in the event of a price reduction or promotional offering. If you make an overpayment, any amount paid exceeding the invoiced amount will be added to your account in the form of credit to be used automatically for any future payments.

Billing payment details can be found in your user account area. All services not paid on their due date risk being suspended immediately, and may be terminated permanently shortly after, at WPKeeper.ca’s sole discretion.

8. RENEWALS

All WordPress support subscriptions are automatically renewed at the end of each billing period (monthly) unless canceled. In the event that you do not wish to renew your services, you must either cancel your subscription in your account management area or request a formal cancellation by submitting a support ticket.

Failing to do so may result in your card being charged by the automatic renewal billing system.

By making any purchase by credit card or Visa debit card, you authorize WPKeeper.ca to automatically charge your card for any service renewals.

9. UPGRADES AND DOWNGRADES

You may choose to upgrade or downgrade your subscription at any time. You may do so by selecting a new support plan from your user account area.

*Account/Subscriptions/Change Plan*

Upgrades and downgrades result in a proration: an immediate charge adjustment.

Your newly selected support plan will be active immediately.

Downgrade credits, if applicable, will be applied to the billing of your newly selected support subscription.

10. ACCOUNT CANCELLATION

You may cancel your account anytime by:

  • submitting a support ticket in your account management area;
  • initiating a live chat between 8:00 am and 6:00 pm AST, Monday thru Friday.
  • submitting a cancellation request by email.
  • selecting “Cancel” in your account management area – *Account/Subscriptions/Cancel*.

Cancellation requests made by email must be made at least 3 days prior to your service’s expiry date and include all the necessary details to allow a WPKeeper.ca support representative to properly identify and cancel the account in question.

Please include your full domain name, email address, phone number, security PIN, and most recent purchase invoice or transaction number. All billing will cease/terminate within 2 business days of notifying us.

Upon cancellation of any support plan, you may continue to use WPKeeper.ca support services up until the end of your billing cycle.

11. REFUNDS

Monthly Support Subscriptions

Because we offer convenient month-to-month zero contract support subscriptions, we do not offer pro-rated refunds upon cancellation. If you decide to cancel your monthly support subscription, you may continue using WPKeeper.ca services up until the end of your billing cycle.

One Time Support Servicing

We stand behind our service 100%. If we are unable to fix your WordPress issue, a full refund will be issued. However, if you decide to cancel your support request before we have an opportunity to work on it and determine we can not fix it or you are unable to provide the access we need, there will be only a refund of 50% what was paid to us. This is because we do have operating costs that are incurred when a service is purchased and in many cases, an agent has already completed a portion of the work. You may request a refund by contacting us at billing@wpkeeper.ca

12. TERMINATION

You agree to comply with all the present Terms and Conditions and understand that WPKeeper.ca may need to suspend or terminate without prior notice any accounts that do not comply with these Terms and Conditions in order to maintain a safe and secure environment for all of our clients.

Upon termination or suspension, regardless of the reasons, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

13. DESCRIPTION OF SERVICES

WPKeeper.ca offers various services on this website including, but not limited to, WordPress maintenance and support, and other like services. In order to get the most from the services offered on this website, your hosting environment should be LAMP stacked. This means the hosting environment should include the Linux operating system, Apache HTTP Server and support MySQL with PHP 5.2 or higher.

You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

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 WPKeeper.ca website or any other reason within or outside the control of WPKeeper.ca

We reserve the sole right to either modify or discontinue the site, 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 augment or enhance the services on this site shall also be subject to these Terms and Conditions.

Users understand that they are engaging WPKeeper.ca to perform work as described in the plan(s), package(s) or service(s) which have been purchased. In the event access to the User’s website is necessary, Users consent and hereby authorize WPKeeper.ca 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.

14. SITE MIGRATIONS

Migrations are provided as a courtesy service for Standard and Premium subscriptions. Because of different web technologies within individual hosting environments, WPKeeper.ca cannot make guarantees regarding the availability, possibility, or time required to complete a site migration.

Migration requests can be requested at any point throughout your active subscription by submitting a support ticket. In order for migrations to take place, the originating and destination hosting environment should include the Linux operating system, Apache HTTP Server and support MySQL with PHP 5.2 or higher.

15. SUPPORT TIME AND REQUESTS

Support time is available for all support subscriptions.

Acceptable Support Requests Include:

  • Design, layout, and CSS property changes;
  • Create new pages and blog posts (content is not provided by WPKeeper.ca)
  • Change, add or remove existing text, images, video or audio;
  • Installation and setup of a new theme or plugin;
  • Troubleshooting a theme, plugin or other website errors;
  • Educational support and WordPress consulting;
  • Malware removal (Starter and Standard Subscriptions);
  • User experience testing;
  • Broken link corrections; and
  • Fixing cross-browser or mobile compatibility issues.

Unacceptable Support Requests Include:

  • Plugin development;
  • Theme development;
  • Website overhauls or redesigns;
  • Search engine optimization; and
  • Digital marketing tasks.

Note: Depending on the amount of support time you receive each month there could be tasks which might not be possible to complete. If this is the case you will have two options:

  1. Continue the extended support at a billable rate of $40.00 CAD per hour; or
  2. Continue the extended support the following month when your time is refreshed.

16. OFFSITE CLOUD BACKUPS

Offsite cloud backups are included with all WordPress Support subscriptions. You must understand that in rare cases there could be a loss of such backups due to certain technical difficulties and other factors outside of WPKeeper.ca’s control. You agree not to hold WPKeeper.ca liable for any of the consequences associated with such data loss or service interruption.

17. MALWARE REMOVAL

Malware removal is included for free with the Premium support membership. Starter and Standard support memberships are subject to additional charges for malware removal.

Starter and Standard Subscription Malware Removal Options:

  1. WPKeeper.ca can remove malware at a discounted flat rate of $50.00 CAD;
  2. Use allocated monthly support time to offset the cost of malware removal;
  3. Roll back to a previous backup for free (this may or may not resolve malware issues); and
  4. Seek malware removal services from a 3rd party.

Note: If seeking 3rd party malware removal services, you must provide WPKeeper.ca with the servicing details. This includes the name of the service provider, scheduled servicing date, and an estimated time of service completion.

18. SUPPORT GUARANTEE

WPKeeper.ca guarantees a quick support response during our normal operating hours of 8:00 am to 6:00 pm AST, Monday thru Friday, excluding public holidays.

This guarantee does not apply to incomplete support requests, requests that do not reach us (due to inappropriate use of the ticket support system), requests not directly linked to the services provided by us, or requests that have been responded to but require additional resolution time due to causes outside of our control.

24/7 support is available by phone for urgent requests. Urgent requests are those related to malware infected sites, broken sites, and offline sites.

Estimated Support Response and Resolution Targets:

  • Low Priority – Target Response Time = 8 Hours and Target Resolution Time = 24 Hours.
  • Medium Priority – Target Response Time = 4 Hours and Target Resolution Time = 8 Hours.
  • High Priority – Target Response Time = 1 Hour and Target Resolution Time = 4 Hours.
  • Urgent Priority – Target Response Time = Immediate and Target Resolution Time = 1 Hour or less. (Malware Infected Sites, Broken Sites, and Offline Sites)

Contacting Support:

  • Submit a support ticket in your account management area.
  • Initiate live chat between 8:00 am and 6:00 pm AST, Monday thru Friday.
  • Email at support@wpkeeper.ca
  • Phone at 1-902-932-7070 between 8:00 am and 6:00 pm AST, Monday thru Friday.

19. THIRD PARTY SITES, LINKS, MATERIALS, AND RESOURCES

WPKeeper.ca website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties.

These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services.

The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

20. DISCLAIMER OF WARRANTIES

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR ASSOCIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR ASSOCIATES.

WPKeeper.ca will make every effort to keep its website and services operational. However, certain technical difficulties and other factors outside of our control may, from time to time, result in temporary service interruptions. You agree not to hold WPKeeper.ca liable for any of the consequences of such interruptions. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

21. LIMITATION OF LIABILITY

By using this website, services offered through this website and content on this website, you accept it “As Is”, “with all faults.” WPKeeper.ca, including subsidiary and affiliated companies and organizations, directors, officers, agents, employees, shareholders, licensors, licensees, and agents make no warranties or conditions, express, implied or statutory, with respect to WPKeeper.ca website and the content including those for merchantability and fitness for a particular purpose.

WPKeeper.ca will not be liable, in any event, for any incidental or consequential damages whatsoever (including, without limitation, damages for loss of personal or business profits, loss of business or personal information, non-infringement, interruption, other pecuniary loss, or their equivalent under the laws of any jurisdiction) arising out of use or inability to use this website, services offered through this website and the content on this website, even if WPKeeper.ca has been specifically advised of the possibility of such damages.

WPKeeper.ca makes no representation that this website, its services, and its content are free of defects. WPKeeper.ca also makes no warranties or conditions, express, implied or statutory, including those for merchantability and fitness for a particular purpose, with respect to the operation or performance of this website, its services and content, or access performance of information obtained from the Internet while using this website, its services, or its content. The entire risk of use and consequences of the use of this website or services offered through this website and its content falls completely on you, and WPKeeper.ca shall not be liable in any respect for any claims loss or injury alleged to have resulted from the use of or in reliance on this website, its services or its content. In no event will the liability for any damages ever exceed the cost of the fees directly charged by WPKeeper.ca and paid by you for your right to use this website or its services.

22. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold us and our associates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

23. WAIVER

The failure of WPKeeper.ca to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

24. SEVERABILITY

If any provision in these Terms and Conditions is held to be illegal, invalid or unenforceable, such provision shall be fully severable, and these Terms and Conditions shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part of these Terms and Conditions. The remaining provisions of these Terms and Conditions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms and Conditions.

25. GOVERNING LAW

This Agreement and its interpretation are subject to the laws of the province of Nova Scotia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of Halifax, Nova Scotia including disputes regarding the Agreement’s interpretation and its effects.

26. DISPUTE RESOLUTION

Before filing a claim against WPKeeper.ca, you agree to try to resolve the dispute informally by contacting WPKeeper.ca

WPKeeper.ca will try to resolve the dispute with you in writing by email. If a dispute is not resolved within 30 days of submission, you or WPKeeper may bring a formal proceeding.

You and WPKeeper.ca agree to resolve any formal claims related to these Terms and Conditions through final and binding arbitration, with the following exceptions:

  • You or WPKeeper.ca may assert claims, if they qualify, in small claims court in Halifax, Nova Scotia, Canada.
  • You or WPKeeper.ca may bring a lawsuit for disputes or claims related to copyrights, patents, moral rights, trademarks, trade secrets, piracy, and unauthorized use of the Website.
  • In the event that the agreement to arbitrate is found not to apply to you or your claim, you and WPKeeper.ca agree that any judicial proceeding (other than small claims actions) will be brought in the federal or provincial courts of Halifax, Nova Scotia, Canada.
  • You may only resolve disputes with WPKeeper.ca on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

27. INTELLECTUAL PROPERTY

WPKeeper.ca and some delivery modes of WPKeeper.ca’s services 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/

WPKeeper.ca grants users a revocable, non-transferable, and non-exclusive license to use WPKeeper.ca solely in connection with WPKeeper.ca and the Services, under these Terms.

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

The names and logos used by WPKeeper.ca, and all other trademarks, service marks, and trade names used in connection with the Services are owned by WPKeeper.ca or its licensors and may not be used by any User without the written consent of the rights owners. Use of WPKeeper.ca 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 WPKeeper.ca.

28. CONTACT INFORMATION

For all questions, complaints or policy violations, please contact WPKeeper.ca by email at info@WPKeeper.ca

29. ENTIRETY

This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior discussions, negotiations or agreements.

30. TERMS AND CONDITIONS LAST UPDATED

  • 20/01/2018

 

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