ALL TERMS OF SERVICE ARE EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN.
Customer agrees to pay Site Mender all sums due as agreed upon in accordance with the terms specified.
Declined Payments/Updating Credit Card
All monthly plans are paid through a recurring credit card charge. To update your payment method, please click Log In in the top menu on the website, login to your account and choose Payment Methods. If you have recently had a payment declined and need to either try again or replace the card, choose Orders and select the Pay button from the most recent/unpaid order.
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 60 days of renewal date. After 60 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 by Site Mender are not warrantied by Site Mender and may be subject to change based on best practices, security risks or programming code conflicts. Plugins are updated weekly 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. Any and all other plugin technology added to the site by the Customer or requested for addition by Site Mender on behalf of the Customer is the sole responsibility of the Customer. Site Mender cannot manage, warranty, support or troubleshoot third-party technology without testing and a firm understanding of the technology applications. Customer should discuss all needs and applications of the third-party software before requesting addition to the website. If Customer adds any third-party technology to the website, Site Mender shall not be responsible for providing support for the technology unless Customer has discussed and agreed upon a course of action with Site Mender.
Should Customer like Site Mender to learn a particular software for future use and maintenance purposes, Customer may pay a training fee for Site Mender developers to study and create best practices for a plugin or other software. Training fee is equivalent to up to four (4) hours of development time.
Site Mender does not warranty or support commercial themes not explicitly installed by Site Mender. As a rule, we do not update commercial themes unless requested by Customer and do not service problems that occur due to theme updates under this maintenance agreement. Site Mender will advise and assist Customer with management of commercial themes, but will not be responsible for purchase or subscriptions related to said commercial themes. Commercial theme subscriptions not initially installed by Site Mender are the sole responsibility of Customer.
Backups and Reversions
Site Mender provides daily backups of websites hosted on Site Mender servers. 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.
Site Mender does not recommend storage of large Customer files or archiving of Customer files on the Customer website. Third-party services like Dropbox or Google Drive are the preferred services for for long-term storage and archiving of Customer files both for ease of use and for sharing.
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 website and the nature of the security breach. 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 any external security breach 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.
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, analytics, email and other online services. If you have a third-party service requiring management or maintenance, we can provide help in most cases for an additional cost.
Hours of Operation & Holidays
Site Mender maintains business hours between 9 a.m. and 6 p.m Monday through Thursday and 9 a.m. and 4 p.m. on Friday, Central Standard Time. We do not provide updates for support requests made outside of those regular business hours. Should a Customer need an update done outside of those hours, the Customer may contact us to make special arrangements, but may incur an additional fee for work outside of business hours. We observe most major U.S. holidays including New Year’s Day, Memorial Day, Labor Day, Thanksgiving and Christmas and are unavailable for non-emergency requests on holidays as well. In addition, it is our custom to close the week between Christmas and New Year’s each year as well as one wellness week each summer. We notify our customers via email of the dates we will be closed one month prior to those weeks. During those weeks, we close the office and do not provide support for non-emergencies.
Website Update Conditions
Most 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. For any updates that require longer than 24 hours, Site Mender will provide the Customer with a time estimate upon review of the update request.
Additionally, unless otherwise stipulated in an individual contractual agreement with Site Mender, individual support requests are limited to one hour of work as estimated by Site Mender. Audits of support requests by Site Mender have found that more than 98 percent of all requests fell within this allotted time limit. For requests determined by Site Mender to require longer than one hour, an estimate of time and cost will be provided by Site Mender prior to work commencing.
Website Updates Requiring Internet Searches
If you would like for us to seek out content for your website including but not limited to stock photography, illustrations, text, articles and/or documents, we will provide a limited search for those resources within the same one-hour time frame described above. However, there will be a charge for searches taking longer than one hour total to complete as well as a charge for any stock images or illustrations that require purchase.
Site Mender will not knowing violate the copyright of any website, company or individual or violate United States copyright law. Site Mender does not research content content provided to us by the Customer. Customer is responsible for determining if the content has a valid, legal and free from copyright infringement or not. We will not, however, procure or produce any content we believe to be in violation of copyright law under any circumstances. Additionally, we are not liable for any damages resulting in adding content provided by the Customer to the Customer website that is found to be in violation of copyright laws per our General Terms and Conditions below. We reserve the right to refuse content we believe to be in violation of copyright law.
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.