Before using any of the WP AUTOTUNE services, you are required to read, understand and agree to these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE WP AUTOTUNE SERVICES (“SERVICES”). BY USING THE WP AUTOTUNE SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT WP AUTOTUNE’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
Description Of Consultancy Service
WP AUTOTUNE consultancy offers advice and best practice techniques on implementing, maintaining, securing and scaling websites that use WordPress and/or business processes that integrate with WordPress in any way, accumulated from many years of working with WordPress and businesses.
Description Of Support Service
Our support services offer WordPress support and maintenance of single-site installations of WordPress. Services include but are not limited to, any service and/or content WP AUTOTUNE makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed through the Services.
WP AUTOTUNE reserves the right to amend, suspend or discontinue the availability of any Service at any time at its sole discretion and without prior notice.
WP AUTOTUNE service does not support multi-site WordPress installations.
You agree that you will pay for the Services and that WP AUTOTUNE may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING WP AUTOTUNE WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the service but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
Prices for the Services may change at any time at WP AUTOTUNE’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
USE OF SERVICES
You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by WP AUTOTUNE and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. WP AUTOTUNE reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by WP AUTOTUNE for compliance purposes, and WP AUTOTUNE reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to WP AUTOTUNE. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge WP AUTOTUNE, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless WP AUTOTUNE, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or WP AUTOTUNE Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall WP AUTOTUNE be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
WP AUTOTUNE, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY WP AUTOTUNE OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
WP AUTOTUNE, www.wpautotune.com graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of WP AUTOTUNE. WP AUTOTUNE’s intellectual property may not be used in connection with any product or service without the prior written consent of WP AUTOTUNE. Notwithstanding the foregoing, the images and icons available in the WP AUTOTUNE Press Kit may be used by partners and approved third party sites in connection with providing appropriate links to the WP AUTOTUNE Site.
SUPPORT REQUESTS & REASONABLE USE
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please login to the Client Area and submit a support ticket.
Each request is subject to a maximum of 30 minutes of development. The effort required for development is exclusively determined by the WP AUTOTUNE management. For work outside of the scope of the WP AUTOTUNE 30 minute development agreement, WP AUTOTUNE will work with you to scope and cost the additional work needed.
WP AUTOTUNE will respond to your support request within 24 hours 7 days a week but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by WP AUTOTUNE management or by its assigned agent.
NATURE OF SUPPORT REQUESTS
Requests should fall within the following categories.
- Styling elements with CSS
- Content population & image manipulation
- Creation of basic graphics (e.g. buttons, banners, etc.)
- WordPress consulting (advice and support)
- Theme/plugin audits
- Plugin installation and implementation
If you are unsure about the whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.
Examples of requests which shall not meet WP AUTOTUNE management approval for support:
- Website redesign
- Landing page design
- Custom plugin development
- Custom theme development
- Search marketing/SEO services
- Any fix deemed by WP AUTOTUNE management to exceed 30 minutes effort
Certain services available may include materials from third parties. WP AUTOTUNE may provide links to third-party websites as a convenience to you. You agree that WP AUTOTUNE is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that WP AUTOTUNE is not in any way responsible for any such use by you.
UNLIMITED AND REASONABLE USE
The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by WP AUTOTUNE management, at its sole and exclusive discretion. Customers deemed to be abusing the WP AUTOTUNE service will be contacted by the WP AUTOTUNE management. WP AUTOTUNE management retains the sole and absolute discretion to suspend service to you if we deem necessary.
TERMINATION & CANCELLATION
Cancellation can occur at any time. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.
WP AUTOTUNE may terminate or suspend any and all Services and/or your WP AUTOTUNE account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your WP AUTOTUNE account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can contact us through the contact page or support area to issue a termination request.
WP AUTOTUNE reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, WP AUTOTUNE will notify you by posting an announcement on the site. What constitutes a material change will be determined at WP AUTOTUNE’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
HOLIDAY SUPPORT COVER
Occasionally we will operate in “Holiday Support Cover” mode such as during the Christmas and New Year break or other times when we are unable to provide normal services due to staff holidays. We will monitor all support tickets during this time but reserve the right to only respond to what we deem as critical issues which may include alien invasion, zombie apocalypse or some such other event.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind WP AUTOTUNE in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. WP AUTOTUNE shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WP AUTOTUNE’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. WP AUTOTUNE may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of New South Wales Australia, as if made within Sydney between two residents thereof, the parties submit to the exclusive jurisdiction of New South Wales Australian courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.