The use of services from Efficient Websites, LLC (also referred to as “Efficient Websites”, “EfficientWP”, “PodWP”, “we,” “us,” or “the Company”) constitutes your (“you,” “the customer”) agreement to these terms.
General Terms of Service
Service Level Agreements. Content updates are not provided by EfficientWP unless specifically stated. EfficientWP takes precautions against, but cannot provide any guarantees with regard to website downtime, hacking, unauthorized access, and viruses. Web designs are generally tested on the latest version of Chrome or Firefox, unless otherwise specified. We do not guarantee uniform appearance between web browsers (especially older versions or unpopular ones), current or future compatibility, search engine indexing, or search engine rankings.
Content. We are not responsible for writing your content, choosing or purchasing photographs, videos, or other media, unless otherwise specified.
Use in Other Media. EfficientWP has the right to reuse components of any website design we create, with the exception of any trademarked materials (e.g. logos, photos) that you provide. Unless specifically agreed upon before payment, EfficientWP has the right to use and distribute, as examples of our work, screenshots from and links to websites we have designed or made substantial design changes to.
Copyrights. You guarantee that you either own, or have permission to use, any content you provide.
Support. If you are hosting your website with EfficientWP, we provide a reasonable level of support assistance by support ticket and email. However, we recommend that you try to get your answer from the Resources section of our website first, and perform a search if you cannot immediately find what you are looking for. If you are not hosting your website with EfficientWP, please be aware that support will be considered billable time.
Warranty and Licensing. WordPress is open source software, licensed under the GPL (GNU General Public License). The code (software, themes, plugins, etc.) is free to use, modify, and distribute. Derivatives of the code are also required to follow the GPL. The GPL explicitly states that there is no warranty for WordPress, or liability for damages for anyone distributing and/or modifying the code. For the official license, please visit http://www.gnu.org/copyleft/gpl.html.
Indemnification and Limitation of Liability. The customer agrees that he or she shall defend, indemnify, save and hold EfficientWP harmless from any and all demands, liabilities, losses, costs and claims, including all attorney’s fees asserted against EfficientWP, its owners and employees, and its customers, that may result from any service or product provided by the customer or its employees. The customer agrees to defend, indemnify and hold harmless EfficientWP against liabilities arising out of: 1) any injury to person or property caused by any products sold or otherwise distributed in connection with EfficientWP, 2) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party, 3) copyright infringement, 4) any defective products sold to customers through EfficientWP’s products or services, and 5) any loss of business, communications, or other data from EfficientWP’s products or services. The customer further agrees to the terms of these indemnification and limitation of liability terms in the event that the agreement between the customer and EfficientWP becomes terminated or expired.
Billing and Payment Terms
Billable Time and Work. Please be aware that we consider any tasks that require our attention to be billable time, such as: reading and responding to your emails, phone calls, meetings, training, and any changes we make to your website. We generally do not bill for any time spent on correcting any errors caused by us or resulting from something we overlooked, site downtime (if we are hosting the website), time tracking, or invoice processing. We may track billed time in exact amounts or round to the nearest 15-minute increment. In order to make the workflow efficient and reduce billed time, we recommend that you be as clear and detailed as possible, edit and organize materials before sending them to us, and combine your requests into as few emails and/or phone calls as possible. Requests marked as urgent or sent via any method other than email (i.e. phone, instant message) are billed at 2x the standard rate.
Payment Terms for New Customers. Upon establishing the project scope, we will send you an estimate. Once you approve the estimate, we will send you a corresponding invoice. The initial deposit depends on the service requested. Upon receipt of the deposit, EfficientWP will begin project development. We will not begin work until we have received your initial deposit. For larger projects, we may require a higher deposit amount and/or higher subsequent payments in order to avoid an excessive number of transactions. In such cases, we will discuss invoice amounts and the payment schedule after approval of the initial project estimate. We reserve the right to hold project development, or website launch, if you have outstanding unpaid invoices.
Payment Terms for Existing Customers. If you approve our estimate, we will invoice you upon completion of the work. The amount is at our discretion, and it depends on the amount of billed work and your payment history. For larger projects, we may require payments as the project proceeds.
Form of Payment. We only accept online payments, from the major credit card providers, PayPal, and bank transfers. We do not accept payment by check.
Expiration of Estimates/Proposals. After 30 days of being sent, any estimates or proposals will become invalid and may need to be changed or priced differently.
Expiration of Invoice. If you do not provide us with the necessary materials for us to finish the project within 90 days of the invoice date, we reserve the right to expire the invoice. Any payments made will not be refunded.
Additional Costs. EfficientWP reserves the right to impose additional costs for work not covered in the scope of the agreement and/or failure of the customer to meet reasonable deadlines for communication. Examples may include, but are not limited to: repeated rejection or modification of layout designs, editorial and stylistic changes to content sent by the customer, editing and organizing images or other multimedia, and long delays in responding to communication (e.g. 5 business days or more).
Late Payments. The late fee for invoices is 1.5% of the total invoice amount, compounded every 30 days after the invoice date (approximately 19.87% compounded annually).
Cancellations and Refunds. At project completion or termination, if the total hours worked are less than what you paid for, you will receive account credit for the remaining balance. We provide a 30-day money back guarantee for hosting and maintenance plans on EfficientWP. Other refunds are provided at the sole discretion of EfficientWP. If a refund is provided, EfficientWP reserves the right to pro-rate the refund and/or deduct any necessary service charges.
The EfficientWP Hosting and Maintenance Service
Scope. Plans on EfficientWP do not include anything that could be considered billable work, such as making content updates or configuring your website on your behalf.
Administration Options. For websites on EfficientWP, your administration options are limited. If you want a greater degree of control (and responsibility) over your website and hosting, then our solution is probably not for you. For security reasons, we do not provide you with the ability to: configure your hosting details, access the databases, configure the WordPress installation, install themes, install plugins, or otherwise change the software provided. We do not provide e-commerce capabilities (with the exception of PayPal Standard), dedicated IP addresses, or SSL certificates on our network at this time.
Renewal Policy. EfficientWP will bill the customer via email no later than 30 days prior to expiration of the customer’s hosting contract. If payment is not received by EfficientWP by the expiration date, EfficientWP will cancel the hosting contract and delete the website. In this event, if the domain name is registered with EfficientWP, we cannot guarantee renewal of the domain name, and an unknown third party may be able to take ownership of the domain name. EfficientWP is not responsible for any costs incurred, business lost, or other damages resulting in the loss of the domain name or deletion of the website.
Content. Prohibited content includes, but is not limited to the following: spam, computer and Internet viruses, hacking, terrorism, hate crimes, privacy violation, torture, slander, defamation, threats, harassment, abuse, illegal drugs, distribution of prescription medication without authorization, impersonation of another identity, pornography, obscenities, and other content that may be considered morally objectionable or illegal in the United States and any countries in which you do business. EfficientWP reserves the right to suspend and/or terminate any services immediately and without prior notice if your website is found to contain any prohibited content.
Upgrades. Upgrades for WordPress core, themes, and plugins are mandatory and performed by EfficientWP when available. As a result, your website appearance could change after an upgrade. In most cases, we will not charge for fixing errors caused by upgrades.
Backups. EfficientWP does not provide any guarantees for the availability of backups, or the backup or restoration of your website content or files. Database backups are typically performed daily, file backups are typically performed weekly, and backups are retained for 30 days.
Cancellation. You may cancel your plan at any time without incurring any additional fees.
Outgoing Transfer – Simple Export. If you would like an export of your website (database tables, your uploaded files, current copies of premium themes and plugins used), you must request the export and receive confirmation from us before you cancel your plan or it expires. The fee for a standard export for one website is $100 USD, plus $50 USD for each additional website. You will then be responsible for setting up your own new WordPress installation and importing and configuring the database tables and files yourself.
Outgoing Transfer – Full. If you would like a full website transfer, you must request the transfer and receive confirmation from us before you cancel your plan or it expires. The fee for a full website transfer is $200 USD per website. You must provide us with administrator access to a cPanel hosting account that is compatible with the latest version of WordPress. Otherwise, EfficientWP is not responsible for transferring your domain names, transferring your files, installing software, setting up accounts, setting up databases, upgrading software, and any problems during or resulting from the aforementioned activities. EfficientWP does not provide any guarantees for the appearance, functionality, or continued operation of your website once your plan with us has been canceled. We do not provide upgrades to any premium themes or plugins used for your site; you must purchase them yourself if you want to upgrade. EfficientWP is not responsible for any costs incurred, business lost, or other damages resulting from your cancellation or transfer.
Additional Terms of Service
These terms and our prices are subject to change at any time and without notice. Last revised January 25, 2017.