- A reference to this agreement is a reference to this agreement and any deed, licence, consent, approval or other instrument supplemental to it.
- In relation to any payment, a reference to a fair proportion is to a fair proportion of the total amount payable, determined conclusively (except as to questions of law) by the WP Minds which is a trading name of BTLtimes.com LTD.
- Unless the context otherwise requires, references to the WP Minds are to the whole company and not to any subsidiaries.
- A reference to the terms is to the Terms of Service
- A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
- A reference to laws in general is a reference to all local, national and directly applicable supra-national laws as amended, extended or re-enacted from time to time and shall include all subordinate laws made from time to time under them and all orders, notices, codes of practice and guidance made under them.
- Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.
- Unless the context otherwise requires, any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- A reference to writing or written incudes fax but not email.
- Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
- Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
ACCEPTANCE OF TERMS
Description Of Service
The Site is an online service that offers an email support to WordPress website owners/manager’s that runs a single-site installations of WordPress. Services include, but are not limited to, any service and/or content WP Minds 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 Minds. WP Minds reserves the right to amend, 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 Minds service does not support multi-site WordPress installations.
As a condition to using Services, you are required to open an account with WP Minds and select a password and username, and to provide 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 Minds account.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 trade mark 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.Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify WP Minds of any security breach of your Account. WP Minds shall not be responsible for any losses arising out of the unauthorized use of your Account. 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 Minds account.Services are available only to legal entities and to individuals who are at least 18 years old.The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the WP Minds Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
WP Minds Support
WP Minds provide support using our support email ticket system only. WP Minds does not provide support through any other channel at this time unless otherwise agreed specifically via custom support service agreement. Support requests must be requested using support [@] wpminds.com to be received & responded to in a reasonable amount of time.Each request is subject to a maximum of 60 minutes of development by the basic WordPress developer.The effort required for development work and time is exclusively determined by the WP Minds. For work outside of the scope of the WP Minds plans development agreement, WP Minds may provide alternative solutions to the client including referrals from trusted third parties.WP Minds provides 24/7 support and aim to respond each support ticket within 6 hours, but provides no guarantee either express or implied on the time frame of when a support request can or will be resolved.
SUPPORT REQUESTS & REASONABLE USE
WP Minds definition of unlimited WP Minds tasks is any task that a basic WP Developer can complete within 60 minutes and one support ticket at any given time, maximum of one support ticket within any 24 hours. Following are the frequently accepted and completed support requests:
- Plugin installation and implementation
- Styling elements troubleshooting with CSS
- Theme/plugin audits
- Creation of basic graphics (e.g. buttons, banners, etc.)
- Fix the white screen of death
- Make changes to the header, sidebar, and other sections of the site
If you are unsure about any support request please get in touch in touch with our team to find out. We do our best to accommodate and honor most requests. Types of support requests are not included in WP Minds support service:
- Website redesign
- Landing page design
- Custom plugin development
- Custom theme development
- Search marketing/SEO services
- eCommerce website will be entertained only in Pro/Premium Plans
- Any support request deemed by WP Minds to exceed 60 minutes by a basic WP developer.
Any WordPress task, which is outside the scope of your monthly subscription with WP Minds will be processed as follows:
- Request received/identified
- WP Minds will provide you with the quote
- 50% of the payment will be required on approval of the task/project by the customer
- 25% on completion of development
- 25% on agreed project launch date with the customer or within 30 days of the project completion date if the launch is delayed because of the customer. We will still be available to acknowledge the support requests until 45 days of the task/project completion.
You agree that you will pay for the Services, and that WP Minds 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 Minds 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.Prices for the Services may change at any time at WP Minds sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering. Any custom work that is not covered by our support service package will be discussed and agreed with you on a case by case basis and will only be performed with your explicit permission. Payment for the agreed extra work will be charged using your payment details available on your account on or after 3 days once that work is completed and delivered.
USE OF SERVICES AND RENTED CONTENT
You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by WP Minds and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. WP Minds reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by WP Minds for compliance purposes, and WP Minds reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to WP Minds. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge WP Minds, 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 Minds, 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, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or WP Minds Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall WP Minds be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common lawor with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.WP Minds, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY WP MINDS OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
WP Minds, www.wpminds.com and other BTLtimes.com LTD graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of WP Minds. WP Minds’s intellectual property may not be used in connection with any product or service without the prior written consent of WP Minds. Notwithstanding the foregoing, the images and icons available in the WP Minds Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the WP Minds Site.
Certain services available may include materials from third parties. WP Minds may provide links to third-party websites as a convenience to you. You agree that WP Minds is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that WP Minds is not in any way responsible for any such use by you.
UNLIMITED AND REASONABLE USE
The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by WP Minds management, at its sole and exclusive discretion. Customers deemed to be abusing the WP Minds service will be contacted by the WP Minds team. WP Minds management retains the sole and absolute discretion to suspend service to you if we deem necessary.
TERMINATION & CANCELLATION
Cancellation can occur at anytime. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.WP Minds may terminate or suspend any and all Services and/or your WP Minds account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, 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 Minds 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.CHANGEWP Minds 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 Minds will notify you by posting an announcement on the site. What constitutes a material change will be determined at WP Minds’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.
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 Minds 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 Minds shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WP Minds’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 Minds may transfer, assign or delegate the Terms and its rights and obligations without your consent. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).