TERMS OF SERVICE:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WP Agency, acceptance is expressly limited to these terms.
YOUR ACCOUNT AND WEBSITE
If you create a website with WP Agency, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and WP Agency may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause WP Agency liability. You must immediately notify WP Agency of any unauthorized uses of your website, your account or any other breaches of security. WP Agency will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a website, comment on a website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your website is not presented in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by WP Agency or otherwise.
By submitting Content to WP Agency for inclusion on your Website, you grant WP Agency a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website. This license allows WP Agency to make publicly-posted content available to third parties selected by WP Agency so that these third parties can analyze and distribute (but not publicly display) your content through their services.
- If you delete Content, WP Agency will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Without limiting any of those representations or warranties, WP Agency has the right (though not the obligation) to, in WP Agency’s sole discretion (i) refuse or remove any content that, in WP Agency’s reasonable opinion, violates any WP Agency policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in WP Agency’s sole discretion. WP Agency will have no obligation to provide a refund of any amounts previously paid.
PAYMENTS AND RENEWAL
General Terms. Only Services and features clearly indicated as “free” or “no charge” are free or without charge. It is not the responsibility of WP Agency to provide free support for you in the use and operation of WP Agency. All other applications, features, functionality and support provided by WP Agency and its partners are provided for the fees described for each service on the website and you are liable for such fees.
Trial Period. If you registered for a trial period of fourteen (14) days (“Trial Period”), you must decide to purchase a monthly subscription within the Trial Period in order to retain any Content that you have posted or uploaded during the Trial Period. If you do not purchase a monthly subscription by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the website during the Trial Period, if you decide not to purchase a monthly subscription, you will not be able to access or retrieve any of the data you added/created during the Trial Period.
Automatic Renewal. Unless you notify WP Agency 3 business days before the end of the applicable monthly subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time in your website’s dashboard. If the payment card you provide expires and you do not provide new payment card information your account will be suspended until valid payment card details have been provided.
Optional Paid Services. Optional Paid Services such as website setup packages are available via WP Agency. By selecting a website setup package you agree to pay WP Agency the setup fee(s) indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for the setup package and will cover the work associated with that service for as indicated. Website setup package fees are not refundable.
Payment Information Storage. If you purchase any subscription or service that we offer you agree to WP Agency, or our third party service providers to storing your payment card information.
DISCLAIMERS AND INDEMNIFICATION
Website Visitors Disclaimer. WP Agency has not reviewed, and cannot review, all of the material, including computer software, posted to each website, and cannot therefore be responsible for that material’s content, use or effects. WP Agency does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Certain websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WP Agency disclaims any responsibility for any harm resulting from the use by visitors of any WP Agency websites, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites Disclaimer. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WPagency.com.au links, and that link to WPagency.com.au. Wp Agency does not have any control over those non-WP Agency websites and webpages, and is not responsible for their contents or their use. By linking to a non-WP Agency website or webpage, WP Agency does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. WP Agency disclaims any responsibility for any harm resulting from your use of non-WP Agency websites and webpages.
Copyright Infringement. As WP Agency asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WPagency.com.au violates your copyright, you are encouraged to notify WP Agency. WP Agency will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WP Agency will terminate a visitor’s access and usage, under appropriate circumstances, if the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WP Agency or others. In the case of such termination, WP Agency will have no obligation to provide a refund of any amounts previously paid to WP Agency.
Intellectual Property. This Agreement does not transfer from WP Agency to you any WP Agency or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with WP Agency and all other service marks, graphics and logos used in connection with WPagency.com.au are trademarks of WP Agency. Other trademarks, service marks, graphics and logos used in connection with WP Agency may be the trademarks of other third parties. Your website use of WP Agency grants you no right or license to reproduce or otherwise use any WP Agency or third-party trademarks.
Advertisements. WP Agency reserves the right to display advertisements, whether from WP Agency or third-parties within your website dashboard.
Attribution. WP Agency reserves the right to display attribution links such as ‘Website By WP Agency’, ‘Powered By WP Agency’, theme author, and font attribution in your website footer or toolbar. Footer credits and the WPagency.com.au toolbar may not be altered or removed regardless of subscriptions purchased.
Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using WP Agency within the designated notice period. Your continued use of WP Agency will be subject to the new Terms.
Termination. WP Agency may terminate your access at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WP Agency account you must do so in writing 3 business days before the end of the applicable monthly subscription period. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. WP Agency websites are provided “as is”. WP Agency and its suppliers or licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WP Agency nor its suppliers or licensors, make any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
Limitation of Liability. In no event will WP Agency, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WP Agency under this agreement during the monthly subscription period prior to the cause of action. WP Agency shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless WP Agency, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your website usage, including but not limited to your violation of this Agreement.