WP Webdesk Terms and Conditions

Our Terms and Conditions are according to the Services that WP WEBDESK (“we”, “us”, or “our”) will provide the Services to you (“Agreement”).

We may update this Agreement from time-to-time. In the event of a material change to this Agreement, we will provide you with written notice. Your continued use of the Services following such updates constitutes your acceptance of the same. If you do not agree to the terms of any modification, you may terminate this Agreement by the Termination section below.

CUSTOMER USER AND AUTHORIZED USERS

During the process of creating your desk account, you provided personal, business and billing information as the account owner (“Customer”).

The Customer is the sole owner of the account. By agreeing to these terms & conditions, you represent and guarantee that you have the authority to bind as Customer to this Agreement.

As a Customer, you may assign through the client area up to five users you have authorized to make changes to the account (“Authorized User(s)”). Additionally, any other individual who can provide us with satisfactory evidence that he/she has the authority to act on your behalf (e.g. your four-digit security pin) will also be able to access the account.

Individuals or entities that access to your desk account will be required to follow WP Webdesks terms and conditions.

You take sole responsibility for all liabilities incurred through use of the Desk Account and Services including any damage, loss, and liability caused by each user.

You shall notify us immediately if any violation of this Agreement is brought to your attention. You are responsible for the security and confidentiality of the account information, including usernames, passwords, and security pins, You will ensure that no unauthorized party has access to the account. 

FREE WEBSITE

As standard, WP Webdesk will build (1) one free WordPress website for all New Customers.  The Customer agrees to follow WP Webdesk Free Website agreement.

The free website offer is valid for 30 days from the date of the Desk Service registration. WP Webdesk must receive some or all of the content required to fulfill this offer. To do this, WP Webdesk provides the Customer with easy to follow online website setup forms along with step-by-step instructions.

Our free website offer covers 12 structural pages, design and functionality including email subscription forms, payment gateway, online store setup, custom forms, donation form, data management (Refer to Desk Services for more information). Anything beyond 12 pages will be completed using desk hours.

The customer will be required to provide all content for the free website. In the event where the Customer has been unable to provide the necessary content in the prescribed 30 days, further website development will consume monthly or annual desk hours.

PROVISION AND USE OF DESK SERVICES

Subject to the terms and conditions of this Agreement, WP Webdesk will provide its Desk Services to the Customer. Desk Services may only be used for their intended purposes and in line with WP Webdesk Terms and Conditions.

You will be required to provide us with information and assistance for us to efficiently and effectively carry out and manage the services you request.

You are aware that we may engage third parties to provide or enable aspects of the Services.

From time-to-time, we may stop supporting third-party services or systems. If we terminate the usage of any elements in our Services or System, we will endeavor to replace them with a service or service with similar end results. However if in the event we are unable to do, this is not a breach of this Agreement.

Some elements of WP Webdesks Services and System may be in its early stage of development. Referred to as (WEBDESK DEV). In addition to the disclaimers of warranty laid out in this Agreement, the WEBDESK DEV Services will be provided on an ad-hoc basis with the direct understanding that others may not have previously tested WEBDESK DEV Services, have unseen deficiencies, and may not be as reliable as other portions of WP Webdesks Services and Systems. We reserve the right to terminate the WEBDESK DEV Services at any time, even if the Customer has relied upon them as a permanent feature of WP Webdesk Service and System. We make no assurances that WEBDESK DEV Services will be included as one of WP Webdesks Permanent Service or System features.

Although we provide Website backups, there is no guarantee that the backup will restore correctly or the content being completely recovered or formatted properly. You are solely responsible for keeping a separate backup of any collateral information that you do not wish to lose. Please refer to our knowledgebase to learn how to perform content backups.

SUPPORT

We provide 24/7 support using a range of communication channels (knowledgebase, notifications, chat, and telephone),

Effective communication is essential. We do not tolerate abusive behavior toward our support staff or any employee of WP Webdesk. We reserve the right to terminate this agreement and your access to your Account, Services, and System and Support, with immediate effect.

Throughout our business relationship, we may ask you to provide feedback about WP Webdesks Services and System. You agree to the collection of your thought led information and allow us to disclose this feedback to improve our Desk Services and Systems. If we make any changes to our current services or systems or develop new services or systems, based on the feedback you had provided, you agree that we own all rights to these changes or new services & systems.

DESK FEES AND BILLING

Payments for our Desks, Services, and Systems are set out in the Order (“Desk Fees”). Desk Fees apply to any renewal be it monthly or annual. Your Desk Fees will be due on the same date of every month or year.

Overusage fees may apply if your system limits exceeded your Desk Fee limits (e.g. exceeding bandwidth or disk space). Desk Fees may be adjusted if there is a significant spike in usage. (including changes to CPU or RAM consumption, caching and bandwidth).

WP Webdesks managed hosting system will automatically add bandwidth and disk space as and when needed.

Standard account allocation

5 Gigabytes of Disk Space
10 Gigabytes of Bandwidth

Additional Bandwidth charges a $.50 per month per gigabyte
Additional Disk Space charges a $1.00 per month per gigabyte
Allocation of bandwidth and disk space will take place automatically and billed monthly.

All Fees are payable in U.S. dollars and are not refundable. Fees debited electronically via the same mode of payment you used on registration of our Desk Account.

It is your responsibility to keep your method of payment up to date. If payment is not made by or on the billing due date, we may charge a late fee of 1{9453281acf49a58980aaa207603c68ca0ee5ecab0c75fd5aead2e0071bb76704} on the outstanding balance.

If a payment is late, we may suspend the Desk Account. Suspended Desk Accounts will fall under a WP Webdesks Termination Grace Period for three (1) month. If the Desk Account Fee remains unsettled after one (1) the Termination Grace Period will come to an end, and the Desk Account will self-terminate.

After a duration of three (3) from the Desk Account termination date, ALL Desk Account information will be removed from WP Webdesk Servers. After removal, ALL information will be unrecoverable.

Throughout the suspension and termination period, WP Webdesk will send periodic billing reminders and may contact you directly via the telephone.

30 MONEY-BACK GUARANTEE

The 30 Money-Back Guarantee, applies only to our Desk Accounts.  Domain name purchases will not be refunded.

 CONTENT AND PROPRIETARY RIGHTS

We do not claim any form of ownership or rights over the content that you provide to us in connection with your website or the projects you create. Referred to as “Customer Content“. Nonetheless, to conduct Desk Services, we need you to grant us the right to use the content you provide. However, you agree that Website Layouts and designs created by WP Webdesk can be publicly displayed and modified for other purposes, at our discretion.

TERM AND TERMINATION

The term of this Agreement and any Order is one month or one year starting from the date the Desk Account creation date. (“Account Term”). Upon expiration of the Account Term, this Agreement will automatically renew itself for successive monthly or annual periods (a “Renewal Term”).

Either party may terminate this Agreement at any time for any reason at any time. To terminate, either party can provide the other party with 30 days’ prior written notice. WP Webdesk reserve the right to terminate this Agreement immediately if the following occurs:

1. you fail to pay for your Desk Account on time,
2. your use of WP Webdesks Services and System in such a way it negatively impacts other users, our servers,  systems, or violates the law.

Upon any form of termination or expiration of this Agreement, we will no longer provide Desk Services or access to the Desk Account.

Termination could mean that a Customer’s content may not be accessible. It is Customer’s sole obligation to backup and download the Customer Content before termination or the expiration this Agreement occurs.

CONFIDENTIALITY

“Confidential Information” is information provided to WP Webdesk you, either directly or indirectly, in writing, or orally or by data transfer.

You agree to preserve the confidential nature of our sensitive information by retaining and using the Confidential Information responsibly, and for its permitted sole purpose and in connection with our terms and conditions.

We will have the right to seek an injunction (without having to post a bond) to prevent any breach or continued breach of this section. You agree to promptly report any breaches of this section to us.

 WARRANTIES

Each party represents and warrants that it has the power, authority and legal right to enter into this Agreement and to perform the obligations set out in it, and those set out in contracts incorporated by reference.

The Customer also represents and warrants that all information it provides to us is complete, accurate and up-to-date. The Customer represents and warrants that they are a real person, and over the age of eighteen years.

DISCLAIMER

(i) OTHERWISE, THAN EXPRESSLY SET OUT IN THE TERMS AND CONDITIONS, THE DESK SERVICES AND SYSTEMS PROVIDED BY WP WEBDESK AS-IS, AS AVAILABLE, AND WITH ALL DIFFCIENCEIS. EXCEPT AS EXPRESSLY DESCRIBED IN THE WARRANTIES SECTION ABOVE.

(ii) WP WEBDESK MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, ENDORSED OR OTHERWISE, AND WP WEBDESK SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES.

LIMITATION OF LIABILITY AND REMEDIES

IN NO SUCH EVENT SHALL WP WEBDESKS LIABILITY ARISE OUT OF, OR RELATE TO, THESE TERMS AND CONDITIONS, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, CONTRACT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AGGREGATE AMOUNT OF FEES PAID OR OWED BY CUSTOMER TO US IN THE THREE MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL WP WEBDESK OR ITS LICENSORS HAVE ANY FORM OF LIABILITY TO THE CUSTOMER FOR ANY IMPLIED, INDIVIDUAL, INCIDENTAL, EVENTUAL, COVER OR PUNITORY DAMAGES HOWEVER CAUSED, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE, OR INABILITY TO USE, THE SERVICES OR FOR ANY CONTENT, OR ANY INTERRUPTION IN THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third party arising out of your conduct that constitutes a violation of our Authorized Use Policy. Customer will indemnify us for damages finally awarded against us in connection with any such claim (or for a settlement amount Customer consents to).

SECURITY; SAFE HARBOR

WP Webdesk will maintain commercially physical and technical safeguards designed to help ensure the security and safety of its internal and external systems. However, security is a shared responsibility. You agree to pay particular attention to potential threats to the system (only use software that has been deemed safe to use) and use our Desk Account interaction in such a way as to maintain the confidentiality of information. (Avoid sharing username and passwords).

Should WP Webdesk detect a security breach that may have compromised your Desk Account, we agree to notify you of the incident proceeding a full investigation of the detected violation and reviewed our legal obligations. You agree to the same notification requirements should you determine that there has been some form of violation.