WP Kauai Terms of Service

WP Kauai Terms of Service
Last Updated: March 26, 2018

Terms of Service
The following document outlines the terms of use of the WP Kauai website. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.

Before using any of the WP Kauai services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.

Acceptance Of Terms
The web pages available at wpkauai.com and all linked pages (“Site”), are owned and operated by Chuck Lasker, owner of WP Kauai and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

Description Of Service
The Site is an online service offering maintenance packages to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content WP Kauai 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 Kauai. WP Kauai reserves the right to 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 Kauai service does not support multi-site WordPress installations.

As a condition to using Services, you are required to open a support ticket account with WP Kauai 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 Kauai 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.

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 Kauai account.

Services are available only to individuals who are at least 18 years old.

Release And Indemnity
You hereby expressly and irrevocably release and forever discharge WP Kauai, 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 Kauai, 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, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your account or WP Kauai Username and password, or (iii) any violation of any rights of a third party.

Limitation Of Liability
In no event shall WP Kauai be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

Intellectual Property
WP Kauai, wpkauai.com and other WP Kauai graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of WP Kauai. WP Kauai’s intellectual property may not be used in connection with any product or service without the prior written consent of WP Kauai. The images and icons available in the WP Kauai Press Kit may used by partners and third party sites in connection with providing appropriate links to the WP Kauai Site.

Support Requests & Monthly Support Time
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please e-mail support@wpkauai.com or create a ticket at https://wpkauai.com/submit-ticket/

Each request is subject to a one (1) hour minimum fee. Developer support and customization hours is billed at an additional $99.00 per hour, per request, or at the prepaid bulk hours rates.

Up to 48 hours response time on non-emergency requests. Requests are subject to approval by WP Kauai management. Emergency or rush requests may be subject to a rush surcharge of $50/hour.

Nature of Requests
Requests should fall within the following categories.

UI troubleshooting (HTML, CSS, Javascript)
Styling elements with CSS
Content Population & Image Manipulation
Creation of basic graphics (e.g. buttons, banners, etc.)
WordPress consulting (pick our brains)
Optimization of CSS, Javascript and Images
Theme/plugin audits
Plugin installation and implementation

If you’re 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.

Examples of requests not meeting approval for monthly development time:

Website redesign
Custom plugin development
Custom theme development
Search marketing/SEO services

Termination & Cancellation
Cancellation can occur at anytime for any reason with 30 day written notice (including via support ticket or contact page). You’re never required to stay with us – in fact, we’d prefer you have the option to leave if you’re unhappy with our service and give us feedback on how we can serve you better.

WP Kauai may terminate or suspend any and all Services and/or your WP Kauai account immediately, without prior notice or liability, for any reason whatsoever, 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 Kauai 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.

WP Kauai 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 Kauai will notify you by posting an announcement on the site. What constitutes a material change will be determined at WP Kauai’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 Kauai 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 Kauai shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WP Kauai’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 Kauai may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Maryland between two residents thereof, and the parties submit to the exclusive jurisdiction of Maryland 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 provided herein.

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