In addition to normal TOS the following mentioned below will be applied for WP care and VPS care services

 

Payment Policies, Fees, Refunds and Terms of Agreement

a. Full payment is required before any service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. 

b. No bills or invoices will be sent by postal mail or fax, unless requested and agreed upon in writing before service is rendered. Extra charges would be applicable for the same.

c. Prepayment is due each anniversary (one month, one year, or other agreed upon period) following the date the account was established.

d. Billing will continue automatically and indefinitely until you cancel your service.

e. As a policy, we do not offer credits or refunds for time already expended or on any company issued credit, such as a free month of maintenance or support.

f. Credit cards may be billed up to seven days in advance of the due date to assure that the service will not be affected if there is a problem with the credit card. 

g. Wpify considers all credit card or PayPal charge backs for services rendered, or partially rendered, to be fraudulent. Such accounts will be assessed a $50 fee, per incident, and have their balance sent to a third-party collections agency. Please follow the refund procedures we have defined. For Indian clients, the fee would be converted to INR in accordance to the conversion fee at the time an issue occurs.

h. We do not give refunds for full months unused and billing is only done on full month or annual terms. If you decide to cancel after prepayment, you will not receive a refund for the current term in use.

i. For some customers where we collect the fee for a service at the end of the billing period, customer’s need to inform us in advance if they do not want to continue their purchased service with us anymore. All due payments have to be made for the month in which the customer notifies us about termination of their purchased service.

j. Additional features can be added at any time. Wpify reserves the right to change prices at any time, but will notify all clients before such changes take place.

k. All customers will receive invoices at least 15 days before the due date and we will attempt to charge any credit card on file set as a default payment method automatically up to 7 days before the due date. 

l. After the due date, there is a 15 day grace period in which to fully pay the invoice, with an overdue notice being emailed every day. 

m. If payment is not made, or other adequate arrangement put in place, the account (including all paid services on the account) may be promptly shut down after the 15th day. The customer is fully responsible for making sure payment is made in a timely manner and is fully responsible for keeping accurate billing information on file.

2. Access

a. You agree to allow us and our agents the right of access to equipment and data, as is reasonably needed, for purposes of installing, servicing, configuring, maintaining, inspecting, upgrading, replacing and removing the services and/or equipment used to receive any of the Services.

b. Not providing us access to the availed services by you, for example WordPress dashboard for WP Care, VPS access for VPS care plan will result in reduced support and maintenance from our end, as we would not have the access to required login credentials.

c. While providing the login credentials, Wpify will take all reasonable care to insure the work is done in a professional manner with minimal interruptions to services. In all instances Wpify’s liability will not exceed what is provided within this agreement.

d. Wpify will handle your login credentials with utmost care and full safety. We will make sure your data is not breached to anyone who should not have access to your login details. However, Wpify will not be responsible in case there is any data breach or malicious hacking / forced entry to the provided login credentials by external factors over which Wpify has no control. 

3. Cancellation

a. You may cancel at any time, unless otherwise stated in a written contract or agreement. To cancel your service, please email support@wpify.tech or submit a cancellation through our billing portal. Notification of cancellation must be received at least one full week prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the client’s responsibility to secure email confirmation from Wpify that the service has been cancelled. If the client has not yet received email confirmation of service cancellation, then the account remains active, and you will continue to be invoiced. Clients are responsible for all charges associated with a service until cancellation is verified via email.

b. If the client has a balance due at the time of cancellation, this balance must be paid in full and the cancellation may be refused until such a payment is made. Cancellation does not absolve the client of any outstanding financial obligations. Wpify reserves the right to go through a third-party collection agency to collect any overdue payments. All accounts sent through a third-party collection agency will have an additional fee of 40% of the amount owed added to cover the collections fees and other related expenses, subject to applicable laws.

4. Insurance

You are solely responsible for maintaining insurance coverage for any claims which may arise under this Agreement and for which you may be legally liable. It is your responsibility to adequately insure yourself against business interruption, loss of business or other losses. Wpify shall not have responsibility to you for your failure to maintain sufficient insurance coverage. Wpify liability shall not exceed that which is set forth in this Agreement.

5. Indemnification Policy

You agree to use all Wpify services and facilities at your own risk. Wpify specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Wpify be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. The client agrees that it shall defend, indemnify, save and hold Wpify harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Wpify, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, it’s agents, employees or assigns. The client agrees to defend, indemnify and hold harmless Wpify against liabilities arising out of:

  • Any injury to person or property caused by any products sold or otherwise distributed in connection with a Wpify server;
  • Any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party;
  • Copyright infringement and
  • Any defective products sold to the client from a Wpify server.

 

Wpify shall be the sole arbitrator of what violates this policy.