Terms and of Service
We would encourage you to read through this terms of service agreement carefully before requesting any of our services. This agreement contains important information regarding your legal rights and remedies.
Description of the server
EZPZ WP is a WordPress support and management agency. We manage, monitor, backup, deploy, publish, develop, secure and fix WordPress powered websites using an array of tools
Account & Fees, Including Automatic Renewal Terms
1.1 You must register with EZPZ WP to use the Services, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services. If EZPZ WP has reason to believe that your registration information is untrue, inaccurate, out-of-date, or incomplete, EZPZ WP reserves the right, in its sole and absolute discretion, to suspend or terminate your account.
1.2 Our charges to provide our Services to you are set out on the pricing page (“Fees”). Fees applicable to any renewal Term will be at our then-current rates, provided that we have notified you that an adjustment will take effect at the time of renewal prior to the date by which you may opt out of the applicable renewal.
1.3 If you sign-up for a paid service, you agree to pay the fixed subscription and variable usage-based fees, if any, for the account type you have selected and agree to any applicable restrictions and quotas, including the number of websites you are allowed to integrate with our services. If you exceed any quota allocated to your account, you agree that EZPZ WP may upgrade you to another type of account with a higher quota or may restrict your usage if you fail to upgrade. As stated in further detail below, if you use a credit card for payment, you authorize EZPZ WP to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify EZPZ WP in advance that you do not want your subscription renewed. You may cancel your subscription prior to the next billing date to avoid future charges. Service will continue until the end of the current billing period, but no service fees will be refunded.
1.4 If you have signed up for a EZPZ WP Paid service, any discounts agreed upon with your order will be honored throughout the period specified of your service. Any life-time discounts that have been applied to your account will remain in effect for as long as you maintain a Paid Account that remains in good standing with EZPZ WP and does not violate these Terms. If the account owner fails to pay for services within ten days of the payment due date or discontinues Paid Account services, any and all discounts applied to the user’s account forfeits their life-time discounts and the life-time discount will no longer apply. Unless otherwise stated on the Order or herein, Customer will be charged the Fees beginning on the Effective Date.
1.5 In order to ensure that you do not experience an interrupted or loss of services, all services are offered on an automatic renewal. Except for reasons described below in this section, automatic renewal automatically renews the applicable service upon expiration of the then current billing period for a renewal period equal in time to the most recent service period. For example, if your last service period was for one year, your renewal period will typically be for one year. However, in the event renewal with the payment method on file fails, EZPZ WP may attempt to renew the applicable service for a period less than the original subscription period to the extent nescessary for the transaction to succeed.
2.1 All accounts renewed at greater intervals than one month are issued a refund before the end of your subscription period on request. Refunds will not be issued for accounts on monthly renewal and we reserver the right to decline a refund for services already used.
2.2 Our 30 day money back guarantee can be claimed by requesting cancellation of your services within the first 30 days of your first billing period. We reserve the right to deduct a cancellation fee from your refund to cover any costs to us from providing certain services to you. This fee will be restricted to a maximum of 20% of your total service fee.
Term & Termination
3.1 These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing use of the Products.
3.2 If you have a Paid Account, EZPZ WP may terminate your account and these Terms immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices after ten days when due, or otherwise fail to comply with these Terms. On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access and restore your backup data. Also, you specifically agree that EZPZ WP has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from EZPZ WP systems.
Passwords & Security
4.1 You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. You must notify EZPZ WP immediately of any unauthorized use of your accounts or any other security breach related to the Service. If EZPZ WP determines that a security breach has occurred or is likely to occur, EZPZ WP may suspend your accounts and require you to change your user names and passwords. EZPZ WP will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss EZPZ WP or others incur caused by your account, whether caused by you, or by an authorized person, or by an unauthorized person.
5.1 EZPZ WP may provide access to resources and links to other websites. When you access a non-EZPZ WP website, even one that may contain the EZPZ WP logo, you leave the EZPZ WP Website and understand that it is independent from EZPZ WP, and that EZPZ WP has not reviewed nor is it responsible for the content of any linked websites. EZPZ WP makes no representations whatsoever about such resources or other websites. The inclusion of any link to a website does not imply endorsement by EZPZ WP of the website or their entities, products, or services. All warranties, conditions or other terms express or implied as to any such linked website, including without limitation as to accuracy, ownership, validity or legality of any content of a linked website, are hereby excluded. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
6.1 EZPZ WP makes no representation that the Content on the Website is appropriate or available for use in locations outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Those who choose to access this Website outside the United States do so on their own initiative and are responsible for compliance with local laws.
Protection of your Data
7.1 Services available to You that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of these Services. Your Data, for the purpose of this Section, excludes any User Content. Our Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the transfer of Your Data, including transfers of Your Data from the EEA to the Services, meets with compliance under applicable data privacy laws.
Changes to the Service and Terms
8.1 EZPZ WP reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part. In the event EZPZ WP anticipates that any such action will significantly affect your use of the Service in a negative way, EZPZ WP will endeavor to provide you with advance notice by email, an in-client message or by posting relevant information on the Site.
8.2 EZPZ WP reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Products following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Products immediately. EZPZ WP assumes no liability or responsibility for your failure to review the current version of these Terms.
9.1 You agree to defend, indemnify, and hold EZPZ WP, its suppliers, resellers, partners, and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:
This indemnity obligation will survive the termination or expiration of your account and these Terms or your use of the services on your account
Limitation of Liability
In no event shall EZPZ WP, its officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not EZPZ WP is advised of the possibility of such damages.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
This agreement shall be governed by and construed in accordance with the English and Welsh Courts.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
You agree that these Terms constitute the entire, complete and exclusive agreement between you and EZPZ WP regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other EZPZ WP services, third-party content or third-party software.
You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, EZPZ WP for any third party that assumes our rights and obligations under these Terms.
You can contact us with any questions about these terms via email at firstname.lastname@example.org
This document was last amended on 30th November, 2019.