WORDPRESS SUPPORT AGREEMENT

 

WordPress Support Agreement is concluded between CLIENT and SolidWP operating from the entity of Zdalna Fundacja, referred to as COMPANY.

Agreement applies to the purchase of all monthly WordPress website maintenance services (hereinafter collectively referred to as “Maintenance Services”) ordered by Client.

By submitting your payment, the CLIENT agrees to comply with and be bound by the terms and conditions of this Agreement.

We recommend to read and understand this Agreement for our cooperation to be fully transparent.

AGREEMENT  means this document and any modifications to it as allowed under the terms of this Agreement.

COMPANY” means Zdalna Fundacja with the address ul. Piotrowskiego 19/2 85-098 Bydgoszcz, Poland, tax number 5542959902

This Agreement has been in effect since the purchase of each maintenance service. This Agreement may be terminated by either party upon written notification to the other party if the other party violates any material obligation under this Agreement.

This Agreement may be terminated by the COMPANY immediately if the CLIENT fails to pay the agreed fees arising from this Agreement; or if the CLIENT does not cooperate with the COMPANY, or impedes the COMPANY to perform agreed maintenance services under this Agreement.

The COMPANY undertakes to provide the CLIENT with Maintenance Services as described in this Agreement, in accordance with the package purchased by the CLIENT.

Maintenance services include an unlimited number of requests which can be done in 30 minutes. The categories of requests are clearly defined in the purchased package and are specified at the beginning of the cooperation.

The CLIENT agrees to pay the COMPANY any fees charged in accordance with this Agreement and the package purchased. Fees must be paid before any maintenance service. THE CLIENT agrees that if CLIENT terminates this Agreement, no refund will be made. The CLIENT has the right to immediately cancel the cooperation, as a result of which the next billing period will also be cancelled.

To provide these services, Client agrees:

  1. To pay a flat fee of $99.00 per month for the Basic Plan or $185 per month for the Premium Plan or $299.00 per month for the Ecommerce Plan, payable within 2 calendar days of receipt of a monthly invoice.
  2. To provide COMPANY with access to its web sites for making changes to provide Maintenance Services.
  3. To properly convey to COMPANY the information that needs to be changed or added.
  4. To regular communication to quickly and efficiently fulfil the client’s requests by the company

Client understands, acknowledges and agrees that:

Only one request per time is allowed. After completing the request, the company will inform the CLIENT about the result, thus giving the possibility to send another request.

Additional fees can be defined in a situation in which the implementation of the client’s request goes beyond the time limit set in the contract 30 minutes. The CLIENT will receive information about the working time and payment before the request is made. Only if the CLIENT accepts it, the company will start processing the request.

If changes are made by the COMPANY according to Client’s information, and the changes are not correct, additional time to remedy the changes fall under the thirty (30) minutes allotted.

COMPANY is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.

COMPANY is not responsible for changes made to the Client’s web site(s) by other parties.

COMPANY is not responsible for third-party plugins that may become unusable as a result of Maintenance Services performed.

COMPANY will not repair the Client’s website(s) that became compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.

Recovery or repair of Client’s website is not guaranteed.

CLIENT guarantees that all the elements of text, graphics, photos, designs, logos, trademarks, service marks, artwork, or video that CLIENT provides to the COMPANY for implementation to the website, are either owned by CLIENT, or that CLIENT has permission from the owner to use them on the website.

Additionally, neither Party shall include within the website any functionality that is protected by a patent to which the Party has no license or permission to use.

If either party, either intentionally or inadvertently, violates these guarantees, that party agrees to indemnify (pay for) any resulting damages to the other party based on a claim from the owner, including attorney fees.

COMPANY DOES NOT WARRANT THAT THE MAINTENANCE SERVICES WILL MEET THE CLIENT’S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH CLIENT. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT.

IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

Client represents to COMPANY and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to COMPANY are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend COMPANY and its subcontractors from any claim or suit arising from the use of such elements furnished by Client.

Client guarantees to COMPANY and unconditionally guarantees that Client’s website has not been compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.

Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to COMPANY for inclusion on the website above are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend COMPANY and its subcontractors from any liability or suit arising from the use of such elements.

The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party;  was previously known to the receiving party or rightly received by the receiving party from a third party; is independently developed by the receiving party or is subject to disclosure under a court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, COMPANY and Client acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.

Relationship of Parties – COMPANY, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Client does not undertake by this Agreement, or otherwise, to perform any obligation of COMPANY, whether by regulation or contract.

This Agreement shall be governed in accordance with the laws of Poland. All disputes under this Agreement shall be resolved by litigation in the courts of Poland, including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defences otherwise available to it.

In the unlikely event that the Parties later have a dispute about the meaning of this Agreement or whether one or the other failed to meet their responsibilities under this Agreement, the Parties agree to the following:

  1. The complaining party will provide a written explanation of their dispute to the other party, and the parties will then, within seven (7) days, in good faith discuss the dispute and seek a mutually acceptable resolution. If the dispute has not been resolved within thirty (30) business days after such good faith discussions begin, either party is free to assert its rights in court, if they choose.
  2. In the event of such a dispute, the parties agree that this Agreement would be interpreted in accordance with the laws of Poland and that the venue, or location, of any dispute or lawsuit would be in the proper court for Masovian District in Poland. If any part of this Agreement is determined by a court to be illegal, invalid, or unenforceable, this Agreement will be still be enforced between the parties as to the remainder of this Agreement.
  3. Damages for breach of this Agreement will be limited to both parties the total dollar amount of this Agreement.
  4. Neither party will be considered to approve to any breach of this Agreement by the other party unless they say so in writing.
  5. The party’s responsibilities in this Agreement are subject to all relevant laws and government regulations.
  6. This Agreement is the entire agreement between the parties.
  7. Neither party has any understandings or expectations from the other party that is not stated in this Agreement.

Read and Understood – Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.