Terms of Service - WP Backing

Terms of Service

The web pages available at wpbacking.com and all linked pages (the “Site”), are owned and operated by Hypersity OÜ  (“WP Backing”) and is accessed by you under the Terms of Use described below (“Terms”).

  1. Acceptance Of Terms

By visiting our site and/ or purchasing something from us, you engage in our (“Services”) and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

  1. Description Of the Services

The Site is an online service offering maintenance packages to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content WP Backing 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 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 any other reason within or outside the control of WP Backing. WP Backing reserves the right to 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 Backing service does not support multi-site WordPress installations.

  1. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  1. Registration

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

As a condition to using Services, you are required to open an account with WP Backing and select a password with your email address, and to provide all the necessary 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 WP Backing account.

You may not use 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.

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 Backing account.

  1. Release And Indemnity

You hereby expressly and irrevocably release and forever discharge WP Backing, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless WP Backing, 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, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your account or email and password, or (iii) any violation of any rights of a third party.

  1. Limitation Of Liability

In no event shall WP Backing be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

  1. Intellectual Property

WP Backing, wpbacking.com and other Hypersity’s graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of WP Backing. WP Backing’s intellectual property may not be used in connection with any product or service without the prior written consent of WP Backing. The images and icons available in the WP Backing Press Kit may used by partners and third party sites in connection with providing appropriate links to the WP Backing Site.

  1. Termination & Cancellation

You may cancel your subscription at anytime once you completed your first month (30 days) of our service. After that, you could leave our platform whenever you want. We would rather have a long relationship for your website’s needs, but if you’re unhappy with the execution, we understand your decision.

WP Backing may terminate or suspend any and all Services and/or your WP Backing account immediately, without prior notice or liability, for any reason whatsoever, 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 Backing 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 or support area to issue a termination request.

  1. Payment

You agree that you will pay for the Services, and that WP Backing 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 WP Backing 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.

  1. Available Payment Methods and Currencies:

We currently support; credit cards and debit cards.

Our pricing policy based on USD.

  1. Subscriptions

Paid Subscriptions automatically renew until cancelled. By starting your service, you are expressly agreeing that we are authorized to charge you for service fee.

  1. Refunds

If you are not entirely satisfied with your purchase, we will refund your initial subscription within 7 days of your original purchase. After the end of the applicable 7 day, your subscription payment is non-refundable.

  1. Change of Services and Prices

WP Backing reserves the right to change the prices for its services without any notice.

WP Backing 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 Backing will notify you by posting an announcement on the site. What constitutes a material change will be determined at WP Backing’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.

  1. Support Requests & Monthly Support Time

Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please e-mail [email protected] or create a ticket at http://panel.wpbacking.com

  1. One Time Website Fixing Service

Each custom request is subject to a custom fee based on the offer that WP Backing makes.

It may take up to 3 business days response time on non-emergency requests. Requests are subject to approval by assigned agent or WP Backing management.

  1. Nature of Requests

Requests should fall within the following categories.

Website layout modifications (HTML, CSS, Javascript)

Manipulate HTML  elements with CSS

Content update & Image update

WordPress consulting

Optimization of CSS, Javascript and Images

Theme/plugin management

Plugin installation and implementation

If you’re unsure about the whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.

  1. Examples of requests not meeting approval for monthly development time:

Website re-design

Landing page design

Custom plugin development

Custom theme development

Search marketing/SEO services

  1. Miscellaneous

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 Backing 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 Backing shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WP Backing’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 Backing may transfer, assign or delegate the Terms and its rights and obligations without consent.

  1. Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction of our management location.