Terms Of Service Contract
Effective date: November 27, 2018
Please also see our:
Terms of service contract Between ThriveWP and You (“customer”).
You (“customer”) are hiring us ThriveWP (“we”, “us”, or “our”) to:
- Setup, manage and/or host a WordPress website for you (“customer”)
Our terms are fairly simple, be fair to us, and we will be fair to you!
- Our Plans
ThriveWP provides several plans. None of the services we provide should be seen as a repair service nor used as such. We will discuss your needs before providing any service and will only fix **small issues on a migrated website at the point of taking you on as a customer at our discretion. We will fix any issues that arise after you have become a customer, and while you are a customer.
Issues that arise from outdated themes, plugins or code
Our plans are provided to ensure your site is kept up to date and running at its best, but developers may sometimes abandon or stop updating their theme, plugin or code. As a result, this may leave your website vulnerable to security risks, compatibility issues with WordPress or other plugins and themes.
It is not our responsibility to fix this and is the original developer’s responsibility. If the theme, plugin or code is abandoned, then you will need to find an alternative. Sadly we can only update what has been updated by the developer. If they chose to stop developing their code, it leaves your site open to errors that we can not fix.
As mentioned above, this leaves your site stuck on a particular version of WordPress, plugin or theme and errors or security issues will arise from this. We can, of course, support you in choosing an alternative.
- Website Creation, management and hosting.
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too.
Us: We have the experience and ability to do everything we’ve agreed with you, and we’ll do it all in a professional and timely manner. Deadlines work two ways; we will work as fast as we can to get your site ready. Having clients respond to requests quickly, and providing ALL the information we need at the beginning makes a world of difference.
Missing in action
We need to maintain a well-oiled ship, so if you do not respond to one or several of our emails or communication within 4 days during the website creation and setup process, we reserve the right to move you to the back of the queue or terminate the creation of your website. We often have several clients in a queue waiting for our services, so our customers’ timely responses in the creation process are very important.
- Getting Down to the nitty-gritty
If at any stage, you change your mind about us creating your website or are not happy with the direction our work is taking, you should let us know right away. Website creation fees are non-refundable as they cover our time installing your website software, setting it up and any work we do on your site and service. We will, however, return your first month’s payment according to your plan.
Unless agreed separately or otherwise specified in our packages, we’re not responsible for creating the text for your site.
Graphics and photographs
Unless agreed separately, you are responsible for providing your own images and should supply graphics files ideally in a png format.
Intellectual property rights
First, you guarantee that your good selves either own all elements of text, images or other artwork you provide or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that we either own all elements of the work we deliver to you or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.
Search engine optimisation (SEO)
We don’t provide a standalone SEO service or guarantee improvements to your website’s search engine ranking when creating your website. Still, we endeavour to ensure your site is SEO friendly and add some additional SEO foundations so that your site has a good start.
We will create SEO friendly titles and URLs, optimise images and implement some SEO code on your site. We won’t provide any SEO service beyond this.
Changes and revisions
Some of our plans include content changes and updates like image changes, some text updating or similar. Simply send us your needed changes, and we will sort that for you. If, however, you require a bigger change like a full site overhaul (theme, text and images), this work will incur an additional fee charged at our hourly rate of £39/hour. Similarly, if you want an additional website created, then the cost would be as per our website creation plans
We’re sure you understand how important it is for a small business that you pay the invoices that we send you promptly. All our services are paid for by debit or credit card. We do not accept PayPal or bank transfer. Invoices must be paid in good time. Our system will suspend (website will be taken offline until payment is received) accounts that do not pay within 6 days of the due date. Accounts will be terminated after 30 days of no payment. Termination means your website will be deleted from our server and is non-recoverable.
When you first order and make a payment, you have an option to save your card details which will mean your payment will be taken each month automatically. This is often the preferred method to avoid forgetting. ThriveWP reserve the right to change payment terms and fees upon 30 days prior written notice to you.
- Term and Terminations
Website ownership (If we created your website for you)
You own your website and content. If you chose to move to another service provider, our service and obligation to provide a service or support would stop once you have requested to cancel and/or upon us sending you your website files. It is your or your new service provider’s responsibility to move your website and reinstall the site on their service. We take regular backups so if you need a backup of your website, please just ask.
The term of this agreement and any order is one month, starting from the date of purchase. Upon expiration of the Initial Term, this Agreement and any Order automatically renew for successive one month periods (each a “Renewal Term”) unless one party notifies the other in writing of its intent not to renew no later than thirty days prior to the expiration of the then-current Renewal Term or the Agreement or Order is otherwise terminated in accordance with the terms of this Agreement.
Either party may terminate this Agreement and any Order at any time for any reason or no reason by providing the other party with 30 days’ prior written notice. Additionally, we may terminate this Agreement or any Order immediately if (i) you fail to pay for Services on time, (ii) your use of the Services endangers or negatively affects our networks or systems, violates the law, or inhibits our ability to provide services to our other customers.
Upon any termination or expiration of this Agreement, we will stop providing the Service. This means that Customer’s Content may not be available or recoverable if we host your website. If we only provide maintenance for your site, then all security monitoring, updates, and backups will stop. It is the customer’s responsibility to request a full backup copy prior to termination. This will be needed if, for example, you wish to migrate your website to another host. Once a service is terminated, website content and databases are deleted and are not recoverable.
Our technical support hours are Monday to Friday, 9:00 am – 5:00 pm. If you have an emergency outside of these hours, like a site or server outage, please email email@example.com, and we will get back to you ASAP.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
But where’s all the horrible small print?
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any applicable laws or regulations.
This contract stays in place for the duration of your service. If one part of this contract becomes invalid or unenforceable for some reason, the remaining parts of it remain in place. We reserve the right to update this contract at any time.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we can’t guarantee that our work will be error-free. So we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.