This website is operated by Efficient Websites, LLC. Throughout the site, the terms “Efficient Websites”, “EfficientWP”, the “Company”, “we”, “us” and “our” refer to Efficient Websites, LLC. The Company offers this website, https://efficientwp.com (the “Website”, the “site”), including all information, tools and services available from this site to you (“the user,” “the customer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site or purchasing something from us, you engage in our service (“service”, “Service”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are visitor, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
SECTION 1 – GENERAL CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 – INTELLECTUAL PROPERTY
All contents of this Website, the Service, and its original content, features, and functionality are and will remain the exclusive property of Efficient Websites, LLC and its licensors. Other logos, product, service, and company names may be the trademarks of their respective owners. We are not responsible for content on third-party websites.
If you are aware of an infringement of our intellectual property, or you believe our Website or Service infringes on the copyright or intellectual property of you or another person or entity, please contact [email protected].
SECTION 3 – AVAILABILITY, ERRORS, INACCURACIES, AND OMISSIONS
We assume no responsibility for availability, errors, inaccuracies, or omissions in the information provided on this Website, in the Service, or in advertising that may relate to product descriptions, pricing, promotions, offers, and availability. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We expressly reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We assume no obligation for updating, amending or clarifying information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 4 – PERSONAL INFORMATION
SECTION 5 – PRODUCTS AND SERVICES
We reserve the right, but are not obligated, to refuse or limit the sales of our products or services to any person, geographic region or jurisdiction, for any reason at any time. We reserve the right to limit the quantities of any products or services that we offer. All descriptions or pricing of products or services are subject to change at anytime without notice, at our sole discretion. We reserve the right to modify or discontinue any product or service (or any part or content thereof) without notice at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of services.
SECTION 6 – DESIGN AND DEVELOPMENT SERVICES
Service Level Agreements. Content updates are not provided by the Company unless specifically stated. The Company 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 make any guarantees with regards to: uniform appearance between web browsers (especially older versions or unpopular ones), current or future compatibility, search engine indexing, search engine rankings, site speed, mobile responsiveness, or accessibility.
Content. We are not responsible for writing your content, choosing or purchasing photographs, videos, or other media, unless otherwise specified.
Use in Other Media. The Company 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, the Company 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.
Email Communications. We may collect any or all of the information you provide through your communications with us, including but not limited to, contact information, dates and types of services provided and products purchased, and payment history. If any financial information is collected, it will only be used to bill you for services and products you purchased from the Company. This information may be collected via sources including but not limited to, in-person conversations, phone conversations, emails, faxes, online messages, text messages, business cards, and marketing materials. This information may be used for billing purposes and to provide better service and support to our customers. We do not sell your contact information to third parties. As our customer, you will receive occasional emails. You may opt out at any time. If you no longer wish to receive any communications from us, please notify us.
Support. If you are hosting your website with the Company, 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 the Company, 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.
SECTION 7 – HOSTING AND MAINTENANCE ON THE EFFICIENTWP MULTISITE PLATFORM
Scope. Plans hosted by the Company 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 hosted by the Company on the multisite platform, 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. The Company 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 the Company by the expiration date, the Company will cancel the hosting contract and delete the website. In this event, if the domain name is registered with the Company, we cannot guarantee renewal of the domain name, and an unknown third party may be able to take ownership of the domain name. The Company 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. The Company 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 the Company 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. The Company 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. If you would like a full website transfer, you must request the transfer before you cancel your plan. There is no fee for a full website transfer off the EfficientWP platform. Additional transfers or migrations are considered billable work. You must provide us with administrator access to a hosting account that is compatible with the latest version of WordPress. Otherwise, the Company 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. The Company 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 guarantee licenses and upgrades to any premium themes or plugins used for your site; if the upgrades stop working, you must purchase licenses yourself. The Company is not responsible for any costs incurred, business lost, or other damages resulting from your cancellation or transfer.
SECTION 8 – BILLING AND PAYMENT
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 the urgent 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, the Company 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. I accept payments by ACH bank transfer, wire, credit card, and PayPal (in my order of preference, due to transaction fees). Checks are only accepted for payments of $2,000 or more. If you plan to pay by check, please contact me for details first.
Expiration of Estimates/Proposals. After 30 days of being sent, any estimates or proposals that have not been approved by the client will become invalid and are subject to being 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. The Company 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 Refund Policy. 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 by the Company. Other refunds are provided at the sole discretion of the Company. If a refund is provided, the Company reserves the right to pro-rate the refund and/or deduct any necessary service charges.
SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 10 – PRODUCT LICENSES AND OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
We may use our product licenses that provide you with access to software updates. This does not include support for the product from the Company, or access to the Company’s accounts to get support from the product’s provider. If you wish you get direct support from the product’s provider, you must sign up with them and purchase your own license. We do not make any guarantees for renewing any licenses we provide.
SECTION 11 – THIRD-PARTY LINKS
Our Website and our Service may include links to third-party websites and materials from third-parties that are not owned, controlled, or affiliated with us.
You acknowledge and agree that we shall not be liable or responsible, directly or indirectly, for any harm or damages related to the purchase or use of content, privacy policies, products, services, practices, resources, or any other transactions made in connection with any third-party websites or materials. We are not liable or responsible for any damages from links or software you download (whether from this Website or third-party websites) that may be caused by defects or items of a destructive nature, including but not limited to viruses, worms, malware, or trojan horses. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We disclaim all warranties and conditions that this Website, its servers, the Service, or any email sent from us are free from viruses or other harmful components.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, or course of performance.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, damages, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Jersey, USA without regard to its conflict of law provisions.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to modify or replace any part of these Terms of Service at any time, without prior notice to you. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to the new terms, please stop using the Service.
SECTION 21 – CONTACT INFORMATION
Any questions about the Terms of Service should be sent to us at [email protected].
Last revised January 1, 2023.