Terms and Conditions
Please read carefully.
Thanks for choosing WebScoot.
Please read these terms of service carefully.
Definitions
- WebScoot: WebScoot (“WebScoot” “we,” “us,” or “our”) provides managed WordPress maintenance & support plans.
- Client: Person or legal entity who has purchased a “WordPress Maintenance Plan”, “Support Plan” or other service from WebScoot.
- WordPress Maintenance Plans: “Maintenance Plans” or “WordPress Maintenance Plans” refer to services referred to services provided by WebScoot relating to the updating of your website. This includes updating WordPress core, plugins and themes. With some plans it may also include web hosting.
- Hosting Plans: “WordPress Hosting Plans”, “Hosting Plans” or “Hosted Plans” refer to hosting plans provided by WebScoot. These plans do not include hosting included in some of our “WordPress Maintenance Plans”.
- Server: Means any computer server equipment managed by WebScoot for the provision of Hosting and Internet Services.
- Personal Data – Any personal data processed by WebScoot on behalf of the client.
Eligibility
In order to access and use the Services, you must be at least eighteen (18) years of age and that you are recognised as being able to form legally binding contracts under applicable law or are authorized to enter into a legal agreement on behalf of a corporate entity.
Services
WordPress Maintenance Plans
This includes updating WordPress core, plugins and themes. Some plans also include hosting, which may be provided by a sub-processor.
WordPress Hosting Services
WebScoot will provide shared hosting and VPS hosting services. We provide hosting services in line with details outlined in each hosting plan.
This includes a specific maximum allocation of disk space and bandwidth per month; access to the specified number of databases; and other services outlined in each hosting plan.
Other Hosting Plans
While WebScoot focuses on providing WordPress hosting plans we may from time to time provide hosting to other sites that do not use WordPress as a content management system.
Backup Services
WebScoot provides backup services for websites we maintain or host. Backups may be hosted by a sub-processor. Backups will be deleted after a maximum period of 6 months.
Other Services
WebScoot offers several other services including WordPress installation, WordPress migration, virus removal, page speed optimization, web development and search engine optimization.
Right to Refuse Hosting Services
WebScoot only hosts websites using WordPress as their CMS. WebScoot retains the right to refuse hosting to your website.
Right to refuse Maintenance Services
WebScoot retain the right to refuse maintenance. WebScoot retain the right to refuse maintaining your website.
Plugins and Themes
While WebScoot will endeavour to update plugins and themes to the best of our ability there may be occasions when we cannot update plugins or themes.
If you require updates for paid themes or plugins you will need to supply it with either login details so that we can access the resource or a download of the plugin/theme. The plans do not offer modification of themes or plugins.
Sub-Processors
WebScoot engage third-parties that may process client’s personal data (“sub-processors”) for the purposes of providing the services. The client authorises WebScoot to engage with sub-processors for the purpose of providing services.
Services Not Included
We do not provide domain registration services, Domain Name System (DNS) management or email services.
What we Can’t Promise
While we will do our best to host, maintain and backup your website to the best of ability, please note that there are things we cannot guarantee.
We do not promise that the services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, confidential information and property.
We do not have full knowledge of all the data stored on your website, including the quantity, value or use of the data. You are therefore responsible to take all reasonable steps to mitigate the risks inherent in the provision of services, including loss of your data, including any personally identifiable information or payment information. We will endeavour to prevent data loss and will carry out regular backups of your website, however we cannot guarantee there will be no loss of data. In the event of data loss you release us from any resulting liability.
We do not and cannot control the availability of your website on third party applications. We cannot control rankings on search engines such as Google.
WordPress installations frequently use a number of third party plugins developed by other developers. We will do our best to keep these plugins up-to-date and secure but we cannot ultimately be held responsible for the work of other developers. We therefore cannot guarantee the performance or security of third party plugins.
We will provide support only to your administrative or technical contacts listed on your account. We will not provide support directly to your end users unless specifically agreed in writing.
Trademarks and Copyrighted Material
You warrant that you have the right to use any applicable trademarks or copyrighted material used in connection with this service.
You agree to indemnify WebScoot against all claims, judgments, decrees, costs and expenses, including solicitor’s fees, incident to any proceeding which may be brought against WebScoot on a claim of alleged copyright, trademark, or alleged misappropriation of a trade secret, as well as for a claim of alleged unfair competition resulting from similarity in design, trademark or appearance of contract products and services provided under this agreement.
Warranties
We make no warranties or representations of any kind, whether expressed or implied for the service it is providing. We are not responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. We do not provide a guarantee of website speed or availability of end-to-end connections. We are not liable for damages relating to down time of your website or other issues resulting from security breaches.
Limitation of Liability
In no event will either party be liable, whether in contract, tort, or otherwise, for any incidental, special, indirect, consequential or punitive damages, including, but not limited to, damages for any loss of use, loss of time, inconvenience, commercial loss, or lost profits, savings, or revenues, to the full extent such may be disclaimed by law.
The total liability of WebScoot, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the services purchased, sold, or otherwise at issue hereunder with respect to which losses or damages are claimed.
The websites created and managed by our Clients through our Services are collectively referred to herein as “Client Websites”. The third-party visitors of Client Websites are referred to herein as “End Users”.
Payment
By selecting a product or service, you agree to pay WebScoot the one-time and/or monthly or annual subscription fees indicated. Payments are not refundable.
We issue all invoices electronically. Failure to renew the subscription at the end of the billing term will result in service suspension.
Termination by The Client
Terms of service in relation to termination by the Client are as follow:
Termination of “WordPress Maintenance Plans”
The Client may terminate a WordPress Maintenance Plan at any time, but one month’s notice is required. Notification of termination must be provided in writing (by email or post). Termination must be from the authorised account holder.
Emails must be sent to support@webscoot.com.
Termination of “Hosting Plans”
The Client may terminate a WordPress Maintenance Plan at any time, but one month’s notice is required. Notification of termination must be provided in writing (by email or post) or via the hosting control panel. If termination is via email or by post it must be from the authorised account holder.
Emails must be sent to support@webscoot.com.
Termination by WebScoot
WebScoot may terminate a “WordPress Maintenance Plan”, “Hosting Plan” or other services immediately if the hosted content is considered to be a security risk to services provided to other Clients; deemed to be potentially illegal; or exposes WebScoot to the risk of litigation or other civil or criminal proceedings.