1. Introduction
These Terms of Service (“Agreement”) govern your use of the managed WordPress hosting services (“Services”) provided by [Websitesca Inc] (“Company”, “we”, “us”, or “our”). By using our Services, you (“Client”, “you”, or “your”) agree to comply with and be bound by this Agreement, our Acceptable Use Policy (AUP), and Privacy Policy.
2. Services Provided
- Managed WordPress Hosting: We provide hosting infrastructure, WordPress installation, updates (core, themes, plugins), daily or real-time backups, security monitoring, and technical support tailored for WordPress sites.
- Support: Expert WordPress support is available during business hours or as otherwise specified in your plan.
- Service Modifications: We may modify, suspend, or discontinue aspects of the Services with prior notice. Continued use after changes constitutes acceptance.
- Third-Party Providers: Some features may rely on third-party services. Their terms may apply in addition to ours.
3. Accounts and Client Responsibilities
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
- Content: You must ensure all website content complies with applicable laws and does not infringe on third-party rights.
- Prohibited Use: You may not use the Services for illegal activities, spamming, malware distribution, or any activity that disrupts our infrastructure or other clients.
- Backups: While we provide regular backups, you are responsible for maintaining your own backup copies of your data.
4. Fees and Payment
- Fees: All fees are detailed in your order or invoice. Fees may be subject to change with advance notice.
- Payment Terms: Payment is due in advance of service provision. Late payments may result in suspension or termination of Services.
- Refunds: Refunds are subject to our refund policy, as specified at the time of purchase.
5. Service Level Agreement (SLA)
- Uptime Guarantee: We strive for 99% uptime, excluding scheduled maintenance and events beyond our control.
- Credits: If uptime falls below the guaranteed level, you may be eligible for service credits as outlined in the SLA.
6. Term and Termination
- Term: This Agreement begins on the service start date and continues for the period specified in your order.
- Renewal: Services automatically renew unless canceled as per the notice period specified in your account or invoice.
- Termination: Either party may terminate with written notice. We may suspend or terminate for non-payment or violation of these terms. Upon termination, your access to Services and data may be removed.
7. Intellectual Property
- Ownership: You retain ownership of your website content. We retain ownership of our infrastructure, software, and proprietary tools.
- Licenses: You grant us a license to host, back up, and transmit your content as necessary to provide the Services.
8. Data Security and Privacy
- Security: We implement reasonable security measures but cannot guarantee complete protection against all threats.
- Privacy: Your use of Services is subject to our Privacy Policy, which describes how we collect, use, and protect your information.
9. Limitation of Liability
- No Indirect Damages: We are not liable for indirect, incidental, or consequential damages, including lost profits or data loss.
- Maximum Liability: Our aggregate liability is limited to the fees paid by you for the affected Services during the prior 1 months.
10. Changes to Terms
We may update these Terms of Service at any time. Continued use of Services after changes constitutes acceptance of the revised terms.
11. Governing Law
This Agreement is governed by the laws of Canada, without regard to its conflict of law principles. Disputes will be resolved in the courts of Canada.
12. Contact
For questions or support, contact us at [help@airwp.com] or via your client portal.