ALL PROPOSALS ARE EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN.
Customer agrees to pay Site Mender all sums due under this proposal in accordance with the terms specified.
Monthly plan customers are free to cancel at any time. Customers who cancel service within 24 hours of sign up or renewal date will be refunded for that month in full. Any other time and the monthly fee is non-refundable. Customers who have annual plans may request a pro-rated refund (minus applicable sales tax) within 90 days of renewal date. After 90 days, all annual plans are non-refundable. All setup fees are non-refundable.
Discontinuation of Service
The customer has the right to discontinue service at any time either in writing via electronic mail or by logging into the Site Mender website and canceling the subscription.
Site Mender Rights
Site Mender reserves the right to cancel services for any reason with written warning via electronic mail at least 10 days prior to subscription renewal. Site Mender also reserves the right to refuse service to anyone for any reason.
Core WordPress Software
Site Mender updates core WordPress software per our maintenance schedule. Site Mender does not warrant the WordPress software. Customer acknowledges and agrees that Site Mender shall not be liable for any damages caused by or relating to the Wordress core software.
Plugins provided for websites are not warrantied by Site Mender. Plugins are updated per our maintenance schedule. If any plugin should not be added to or updated on the Customer’s website for a specific reason, Customer must alert Site Mender on or before the initial date of service. Customer acknowledges and agrees that Site Mender shall not be liable for any damages caused by or relating to plugins.
Backups and Reversions
Site Mender is not responsible for providing backups or reversions of website content, plugins or software not hosted on Site Mender servers. Should Customer need these service, please contact Site Mender to discuss your options.
Hacks and Security
Site Mender provides reasonable security mitigation on all websites. Issues related to hacking or security will be addressed as quickly as possible, but Customer may experience service interruptions or additional charges depending upon the needs of the website. Any hacked website on Site Mender servers will be quarantined and taken offline until the security issues can be corrected. Customer agrees that Site Mender shall not be liable for any damages caused by or relating to the hacking or intrusion of Customer’s website.
If Site Mender is not providing hosting for the Customer website, all hosting matters are subject to the terms and conditions of your provider including but not limited to website backup, firewall protection, server security/integrity, server speed, accessibility, plugin and software limitations, etc. Customer agrees that Site Mender shall have no liability for any damages caused by or relating to the hosting of your website.
Third Party Vendors
Site Mender does not, under the terms of our agreements, provide services relating to third party vendors including but not limited to social media, hosting, email and other online services. If you have a third party service that you need managed, we can provide help in most cases for an additional cost.
Hours of Operation & Holidays
Site Mender maintains Monday through Friday business hours between 9 a.m. and 6 p.m. Central Standard Time. We do not provide updates outside of those regular business hours. Should a Customer need an update done outside of those hours, Customer may contact us to make special arrangements, but may incur an additional fee for work outside of business hours. In addition, we observe most major U.S. holidays including New Year’s Day, Memorial Day, Labor Day, Thanksgiving and Christmas and are typically unavailable for requests on holidays as well.
Website Update Conditions
Website updates are done within 24 hours of the request except requests made on Friday, which, if not completed the same day, will be completed by the following Monday (except on holidays). Most updates are completed the same day, however any urgent requests that require some-day completion must be made by 3 p.m. CST in order for them to be completed before close of business.
General Terms and Conditions
This agreement is governed by and construed in accordance with the laws of the State of Texas. In the event of any dispute arising out of this agreement, all lawsuits, causes of action or arbitrations shall occur in Harris County, Texas.
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL SITE MENDER BE LIABLE TO CUSTOMER OR ANY OTHER PART FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE OR LOSS OF PROFITS OR REVENUES) ARISING FROM ANY CAUSE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY DELAY, ACT, ERROR OR OMISSION OF SITE MENDER) WHETHER SUCH CLAIM IS BROUGHT AS A BREACH OF CONTRACT/WARRANTY OR TORT CLAIM.