Last Updated: October 1, 2017
TERMS OF SERVICE
Before using any of Website Rescue’s services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE WEBSITE RESCUE SERVICES (“SERVICES”). BY USING WEBSITE RESCUE’S SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT WEBSITE RESCUE’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
The Site is an online service that offers website support to operators of websites running on single-site installations of WordPress and/or other platforms (SquareSpace, Shopify, etc.). Services include, but are not limited to, any service and/or content WEBSITE RESCUE 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 WEBSITE RESCUE. WEBSITE RESCUE 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.
WEBSITE RESCUE service supports multi-site WordPress installations, but additional charges DO apply in all multi-site installations.
WEBSITE RESCUE provides website and membership website design and development services, and additional charges apply.
As a condition to using Services, you are required to open an account with WEBSITE RESCUE 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 WEBSITE RESCUE 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 WEBSITE RESCUE of any security breach of your Account. WEBSITE RESCUE 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 WEBSITE RESCUE 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 WEBSITE RESCUE 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.
You agree that you will pay for the Services, and that Website Rescue 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 WEBSITE RESCUE WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Once work has begun on any individual project or website, Website Rescue does not offer refunds. If the client chooses to cancel a project after work has been initiated, no refunds will be issued for deposits paid. The contracted full balance is immediate due and payable in full upon termination. In our sole discretion, Website Rescue may choose to issue a pro-rated refund that excludes any work completed, including telephone consulting time, billed at our hourly rate of $180/hour.
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 Website Rescue’s sole and exclusive discretion. Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
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 WEBSITE RESCUE and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. WEBSITE RESCUE 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 WEBSITE RESCUE for compliance purposes, and WEBSITE RESCUE 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 WEBSITE RESCUE. 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 WEBSITE RESCUE, 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 WEBSITE RESCUE, 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 WEBSITE RESCUE Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
For purposes of this Section, “disparage” shall mean any and all negative statements, reviews, comments, or feedback, whether written or verbal, about WEBSITE RESCUE or any of its services, owners, or staff members, in any form of electronic, verbal or written communication in any medium.
Both CLIENT and WEBSITE RESCUE and its assigns agree not to make disparaging, critical or otherwise detrimental comments to any person or entity concerning WEBSITE RESCUE, its officers, directors or employees; the products, services or programs provided or to be provided by WEBSITE RESCUE; the business affairs, operation, management or the financial condition of WEBSITE RESCUE; or the circumstances surrounding any work or separation from work or services provided by WEBSITE RESCUE. In addition, WEBSITE RESCUE (which means its officers, staff, contractors, and members of the Board) agree not to make disparaging, critical or otherwise detrimental comments to any person or entity concerning CLIENT, or client’s business.
LIMITATION OF LIABILITY
In no event shall WEBSITE RESCUE 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.
WEBSITE RESCUE, 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 WEBSITE RESCUE OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
WEBSITE RESCUE, PerfectFit Websites, and other Build a BRIGHTER Business, LLC graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of WEBSITE RESCUE. WEBSITE RESCUE’s intellectual property may not be used in connection with any product or service without the prior written consent of WEBSITE RESCUE. Notwithstanding the foregoing, the images and icons available in the WEBSITE RESCUE Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the WEBSITE RESCUE Site.
WEBSITE RESCUE further agrees that any content provided by the client, including graphics/images, written content, or any other proprietary information remains the sole and exclusive property of the client, and WEBSITE RESCUE (which means its officers, staff, contractors, and members of the Board) will not disclose or interfere in any way with that content, in any form.
SUPPORT REQUESTS & REASONABLE USE
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email firstname.lastname@example.org.
Each request is subject to a maximum of 30 minutes of development. The effort required for development is exclusively determined by the WEBSITE RESCUE management. For work outside of the scope of the WEBSITE RESCUE 30 minute development agreement, WEBSITE RESCUE management may provide alternative solutions to the client including referral to the WEBSITE RESCUE partner network.
WEBSITE RESCUE provides 24/7 support, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by WEBSITE RESCUE management or by its assigned agent.
NATURE OF REQUESTS
Requests should fall within the following categories.
- Styling elements with CSS
- Content population & image manipulation
- Creation of basic graphics (e.g. buttons, banners, etc.)
- WordPress consulting (advice and support)
- Theme/plugin audits
- Plugin installation and implementation
If you are 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.
We DO provide additional services, including advanced coding and software development. Deposits are required and clients are required to meet our criteria for the pre-work phase of any project. Examples of requests which require WEBSITE RESCUE management approval for support and will require the submission of THIS FORM:
Landing page design
Custom plugin development
Custom theme development
Search marketing/SEO services
Any fix deemed by WEBSITE RESCUE management to exceed 30 minutes effort
Certain services available may include materials from third parties. WEBSITE RESCUE may provide links to third-party websites as a convenience to you. You agree that WEBSITE RESCUE 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 WEBSITE RESCUE 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 WEBSITE RESCUE management, at its sole and exclusive discretion. Customers deemed to be abusing the WEBSITE RESCUE service will be contacted by the WEBSITE RESCUE management. WEBSITE RESCUE 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.
WEBSITE RESCUE may terminate or suspend any and all Services and/or your WEBSITE RESCUE 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 WEBSITE RESCUE 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.
WEBSITE RESCUE 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, WEBSITE RESCUE will notify you by posting an announcement on the site. What constitutes a material change will be determined at WEBSITE RESCUE’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 WEBSITE RESCUE 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. WEBSITE RESCUE shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WEBSITE RESCUE’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. WEBSITE RESCUE may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Virginia between two residents thereof, the parties submit to the exclusive jurisdiction of Virginia courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.