wpSKYLAB Terms of Service
Last Updated: March 3, 2016
TERMS OF SERVICE
Before using any of the wpSKYLAB services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE WPSKYLAB SERVICES (“SERVICES”). BY USING THE WPSKYLAB SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT WPSKYLAB’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
Description Of Service
The Site is an online service that offers email support to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content wpSKYLAB makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of wpSKYLAB. wpSKYLAB reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
wpSKYLAB service does not support multi-site WordPress installations.
‘Access to Support Dashboard’ means: you may log into the satellitesix.com website for purposes of accessing a dashboard of links to your plan information and to manage your account settings and payment methods with satellitesix.com.
‘Update Reports’ means: you will be able to access a document that outlines the updates we have performed on your website.
‘Unlimited Small Jobs’ means: any request you make that we estimate will take 1/2 hour or less for our design, development, or content department(s) to complete for your single managed WordPress site.
‘Email Support’ means: time used to answer website related questions via email about operating your website.
‘Phone Support’ means: time used to answer website related questions via phone about operating your website.
‘Managed Proactive WP Upgrades’ means: Satellite Six will, at its discretion, apply upgrades to installed plug-ins and WordPress.
‘Offsite Backup’ means: Satellite Six will automate backups for your website and store them remotely.
‘Security Setup & Scans’ means: Satellite Six will set reasonable security settings using iThemes Security software, as well as scan the site for malware on an as-needed basis.
‘Monthly Analytics Reports’ means: Satellite Six will provide access to Google Analytics data for client review via the satellitesix.com support dashboard.
‘Monthly SEO Report’ means: Satellite Six will provide monthly updates to a keyword ranking report for client review via the satellitesix.com support dashboard.
‘10% off additional services’ means: Satellite Six will provide you with a 10% discount on any other non-WPSKYLAB work ordered during your membership term.
‘New Content/Graphics Creation’ means: In addition to the unlimited small jobs, Satellite Six will perform up to 2 hours of additional work each month at client request, to create new content or graphics, write blog posts, or perform other website services.
‘Target Response Time’ means: Our goal is to address any requests made by client within this timeframe, during normal operating hours, Monday-Friday 8am-5pm CST. This is not a guarantee and may be slightly longer due to heavy workload or other unforeseen events.
‘Job Queue’ means: This is the number of simultaneous requests and updates you can request for your “Unlimited Small Jobs” plan.
Satellite Six will provide website hosting for the Client’s website for the duration of their WPSKYLAB membership, if and only if that client had their website built by Satellite Six and the client has selected one of the following plans: Standard, Pro, SEO, SEO Plus, or Collaborator. At Satellite Six’s sole discretion, additional hosting fees may apply for Ecommerce websites or other websites that in Satellite Six’s opinion exceed available hosting resources. In the event of cancellation of WPSKYLAB, client agrees to notify client within 7 business days to whom Satellite Six should provide a site backup for client redeployment. Satellite Six will assist in the site redeployment at client request and upon receipt of a $249 transfer fee.
WPSKYLAB member agrees that he or she is responsible for all fees in renewal of their plugin licenses. Satellite Six agrees to renew WPSKYLAB member plug-in licenses if that client’s website was built with Satellite Six, for the following plugins only: Gravity Forms, Advanced Custom Fields, Envira Gallery, BackupBuddy
As a condition to using Services, you are required to open an account with wpSKYLAB and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your wpSKYLAB account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify wpSKYLAB of any security breach of your Account. wpSKYLAB shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your wpSKYLAB account.
Services are available only to legal entities and to individuals who are at least 18 years old.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the wpSKYLAB Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
You agree that you will pay for the Services, and that wpSKYLAB 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 SATELLITE SIX / WPSKYLAB WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product 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 wpSKYLAB’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 AND RENTED CONTENT
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 wpSKYLAB and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. wpSKYLAB 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 wpSKYLAB for compliance purposes, and wpSKYLAB 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 wpSKYLAB. 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 wpSKYLAB, 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 wpSKYLAB, 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 wpSKYLAB 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 wpSKYLAB be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common lawor 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.
WPSKYLAB, 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 WPSKYLAB OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
wpSKYLAB, satellitesix.com and other Satellite Six LLC graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of wpSKYLAB. wpSKYLAB’s intellectual property may not be used in connection with any product or service without the prior written consent of wpSKYLAB. Notwithstanding the foregoing, the images and icons available in the wpSKYLAB Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the wpSKYLAB 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 email email@example.com.
Each request is subject to a maximum of 30 minutes of development. The effort required for development is exclusively determined by the wpSKYLAB management. For work outside of the scope of the wpSKYLAB 30 minute development agreement, wpSKYLAB management may provide alternative solutions to the client including referral to the wpSKYLAB partner network.
wpSKYLAB provides 24/7 support, 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 wpSKYLAB management or by its assigned agent.
NATURE OF 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)
SEO (advice and support)
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 wpSKYLAB management approval for support:
Landing page design
Custom plugin development
Custom theme development
Any fix deemed by wpSKYLAB management to exceed 30 minutes effort
Certain services available may include materials from third parties. wpSKYLAB may provide links to third-party websites as a convenience to you. You agree that wpSKYLAB 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 wpSKYLAB 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 wpSKYLAB management, at its sole and exclusive discretion. Customers deemed to be abusing the wpSKYLAB service will be contacted by the wpSKYLAB management. wpSKYLAB management retains the sole and absolute discretion to suspend service to you if we deem necessary.
TERMINATION & CANCELLATION
wpSKYLAB may terminate or suspend any and all Services and/or your wpSKYLAB 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 wpSKYLAB 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.
RETURNS & SUBSCRIPTION CANCELLATIONS
For Subscriptions ONLY:
Monthly Subscriptions – You have THIRTY (30) Days from the date of the original purchase to request a refund for your monthly subscription. Any refund request after the 30 Day limit will not be processed. You may cancel at any time after the initial 30 Day limit has passed.
Yearly Subscriptions – A customer may cancel a yearly subscription at any time. The cancellation of a yearly subscription product will be refunded on a prorated basis, by the amount of time remaining under the original yearly subscription period.
Terms of Renewal:
Monthly Subscriptions will automatically renew each month at the stated retail price until the subscription buyer notifies the company that they wish to cancel.
Yearly Subscriptions will be notified via email prior to renewal with the option to renew at the original yearly price. If the subscriber does NOT notify the company that they wish to continue at the stated yearly price, the subscriber’s account will revert to the monthly price automatically.
wpSKYLAB 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, wpSKYLAB will notify you by posting an announcement on the site. What constitutes a material change will be determined at wpSKYLAB’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.
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 wpSKYLAB 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. wpSKYLAB shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond wpSKYLAB’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. wpSKYLAB 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 The United States of America, as if made within Wisconsin between two residents thereof, the parties submit to the exclusive jurisdiction of Wisconsin 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.