I. Terms of Service of WP Division

1. Introduction and acceptance of Terms

1.1 Service provider information

As used in these Terms of Service, “WP Division”, hereinafter referred to as “we,” “us,” or “our” refers to Nov Brod JSC, located at 28E Samokov Str, Sofia 1797, Bulgaria.

1.2 Service overview

“WP Division” provides comprehensive website maintenance services for WordPress websites, including but not limited to, troubleshooting, security enhancements, performance optimization, and technical support. These services are designed to ensure the optimal operation of your website.

1.3 Acceptance of Terms

By accessing and using our Services, you (the “User” or “you”) agree to be bound by these Terms and Conditions (“Terms”), including our Acceptable Use Policy, Cookies Policy, Maintenance Terms and Conditions, Password Reset Policy and Privacy Policy which are incorporated by reference into these Terms , and form a legally binding agreement between you and WP Division. If you do not agree to these Terms, you must not access or use our Services.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 7.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1.4 Amendment of Terms

We reserve the right to amend these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

1.5 Legal capacity

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms, and to comply with these Terms. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

1.7 Users of the services

For the purposes of these Terms of Service, the term “User” refers to any individual or entity that accesses or uses the services or information provided by WP Division, including but not limited to:

• Individuals acting on their own behalf or as representatives of other individuals.
• Legal entities, including, but not limited to, companies, associations, organizations, or other entities that act through their authorized representatives or employees.

This definition is inclusive and applies to all terms, agreements, notices, permissions, offers, advertisements, and promotions provided or made available by WP Division, unless expressly stated otherwise.

1.8 Services

For the purposes of these Terms of Service, “Services” refers to one or more of the services listed in Section 2.1, provided by WP Division to the User in accordance with the subscription plan chosen by the User, each designed to meet the diverse needs of our Users.

1.9 Subscription plans

WP Division provides its services to Users primarily through subscription (care) plans available on its website. Users can subscribe to services by selecting a subscription plan that best fits their needs. The specific steps to subscribe are as follows:

• Visit the WP Division website and navigate to the section dedicated to subscription plans.
• Review the available subscription plans, including their features, terms, and pricing.
• Select the desired subscription plan and follow the on-site instructions to complete the subscription process.

The exact services a User will receive, including their type, mode of delivery, frequency, and other characteristics, depend on and are described in the subscription plan chosen by the User. This tailored approach ensures that Users receive services that are most relevant and beneficial to their specific requirements.

1.9.1 Modification of service prices

WP Division reserves the right to modify the prices of the subscription plans and services offered at any time. Such modifications will be effective immediately upon posting the updated prices on our website or upon notifying Users directly. The following conditions apply:

• Notification: Users will be notified of any price changes at least 30 days before the new prices take effect, allowing Users to make informed decisions regarding their subscriptions.
• Agreement to changes: Continued use of WP Division services after the price change comes into effect constitutes the User’s agreement to the new pricing structure.
• Fixed-term subscriptions: For Users with fixed-term subscriptions (e.g., annual plans), the new prices will not affect the current term of their subscription but will apply upon renewal.
• Cancellation rights: Users have the right to cancel their subscription before the new prices take effect if they do not agree with the changes.
• Special offers: WP Division may, at its discretion, provide special promotional pricing or discounts, which will be subject to the terms and conditions of each offer.

2. Service description and user responsibilities

2.1 Service description

2.1.1 WordPress support

WP Division commits to providing comprehensive WordPress support services, which include, but are not limited to, troubleshooting issues, error correction, updates of WordPress core, plugins, and themes, performance optimization, website speed enhancement, security fortification, design customization, and feature additions.

2.1.2 Backup copies

WP Division offers a backup service that securely stores your website’s content on a remote cloud account. The frequency and storage requirements of the backup service vary according to the selected care plan, designed to provide flexibility and security for your website data.

2.1.3 Security (Vulnerability) scanning

We conduct security scans of your website, encompassing both the database and file system, to identify vulnerabilities, viruses, and unauthorized modifications. Should any issues be detected, a detailed report will be generated, outlining the infected files and providing recommendations for remediation. It is acknowledged that this scanning process may not detect all forms of malicious content.

2.1.4 Cleaning and protecting websites

Following a security scan, WP Division will undertake measures to clean your website of malicious code, infected files, and compromised databases, in line with our care plans, and implement protections against future attacks. You acknowledge the possibility, albeit rare, that the cleaning process could lead to partial or complete loss of website functionality.

2.2 Third party hosting providers

WP Division acknowledges that many clients may choose third-party hosting services for their websites. While we strive to ensure compatibility and smooth operation within these environments, it is important to recognize that WP Division does not assume liability for issues directly arising from the performance and functionality of third-party hosting providers. Such issues may include, but are not limited to, slow website performance, error messages, difficulties with administration access, and customer login problems. Clients are encouraged to carefully consider their hosting provider’s reliability and compatibility with WordPress to minimize potential disruptions.

2.3 Website administration access

2.3.1 Grant of access

To ensure the comprehensive delivery of our services, you may be required to grant WP Division access to your website’s administration panel by providing the necessary credentials. By sharing these credentials, you hereby authorize WP Division to utilize this access exclusively for the purpose of delivering the services outlined in our agreement.

2.3.2 Updating credentials

Should there be any change to the credentials for website administration access, it is your responsibility to promptly provide WP Division with the updated information. This ensures that the provision of services remains uninterrupted and efficient. Failure to timely update WP Division on changes to access credentials may result in incomplete provision of our service, delays or various website problems.

2.4.3 Hosting account/domain (control panel) access

2.4.3.1 Access requirement

To ensure WP Division can provide a full and complete range of services, you may be required to provide credentials for accessing the control panel of your hosting account and, if applicable, your domain administration. This access enables WP Division to perform necessary tasks and adjustments comprehensively.

2.4.3.2 Scope of use

You acknowledge and agree that, as part of delivering the service, WP Division may need to:

• Perform actions or make changes within your hosting account or domain settings to resolve technical issues, enhance website performance, or for similar purposes.
• Interact directly with your hosting/domain provider’s support on behalf of either WP Division or yourself to facilitate service delivery and address any service-related concerns efficiently.
• By providing WP Division with access to your hosting account/domain control panel, you authorize such actions as necessary for the provision and enhancement of services.

2.5 User responsibilities

2.5.1 Authorization for service actions

By granting WP Division access to your hosting account and domain control panel, you acknowledge and agree to the following:

WP Division is authorized to perform actions or make changes within your hosting account or domain settings. These actions may be necessary to resolve technical issues, enhance website performance, or for other service-related purposes.

WP Division is permitted to interact directly with your hosting/domain provider’s support, acting on behalf of either WP Division or yourself. This interaction is intended to facilitate the delivery of services and address any concerns related to the hosting or domain efficiently.

Your cooperation and timely provision of accurate access credentials are vital to the seamless delivery of WP Division’s services. You agree to promptly update WP Division with any changes to these credentials to avoid service interruptions.

2.6 Maintenance requirements

To ensure the comprehensive maintenance and support for your website, you are required to provide WP Division with all necessary technical means and information for accessing and downloading the latest versions of your website software. This encompasses, but is not limited to, themes, plugins, modules, language packs, licenses, and any other essential components required for the maintenance of the website. Your cooperation in furnishing these resources is crucial for WP Division to perform updates, security patches, and enhancements, thereby maintaining the functionality and security of your website.

2.7 Out of scope services

There are specific scenarios where services cannot be offered, at the sole and absolute discretion of WP Division, including but not limited to:

• Non-WordPress Websites: Services are exclusively for websites built on the WordPress platform.
• Custom Code and Modifications: Websites that contain custom code, features, plugins, frameworks, or themes which could potentially hinder the standard maintenance procedures.
• Outdated or Unsupported Software: Websites running on outdated or unsupported versions of WordPress, plugins, or themes.
• Unauthorized or Unlicensed Components: Websites containing nulled, unauthorized, or unlicensed code, features, plugins, themes, etc.
• WordPress Multisite Networks: Due to the complexity and potential risks, services for WordPress Multisite setups may be limited or not provided.

In instances where WP Division decides not to provide service based on these or other specified reasons, any payments made for such refused or unsupported services will be refunded in full.

2.8 Installation of necessary wordpress plugins

Upon receiving access data for your website administration, you hereby consent to WP Division installing essential WordPress plugins to facilitate the provision of our services. These plugins may include, but are not limited to, WPD Care and Security (our proprietary plugin), MainWP, and various plugins aimed at security, speed optimization, caching, and SEO enhancements. Recognized as system plugins, these tools are fundamental components of our service package. You agree to maintain the functionality and presence of these system plugins continuously throughout your utilization of our services. Any cessation, uninstallation, or deletion of a system plugin without WP Division’s explicit prior approval is strictly prohibited.

2.9 Hosting account and domain – resources

2.9.1 Service exclusions

The provision of our Service does not encompass the management of your hosting account or domain name registration. These elements fall outside the scope of services provided by WP Division.

2.9.2 User responsibilities for hosting and domain

You acknowledge the critical importance of the status, parameters, and uptime of your hosting account and domain for the smooth functioning of your website. It is your sole responsibility to:

• Ensure that your hosting plan’s resources and parameters (including RAM, disk space, bandwidth, etc.) are appropriately tailored to meet the requirements of your website.
• Maintain sufficient disk space in your hosting account for all your content needs.
• Guarantee that your hosting service supports the necessary software environments and versions, such as PHP, SQL, and web servers.
• Keep the hosting account and domain status active and in good standing.

2.9.3 Limitation of liability

WP Division shall not bear liability for any issues, dysfunctions, or service interruptions of your website resulting from:

• Inappropriate management or alterations to your hosting account/domain by you or your hosting provider.
• Service disruptions due to hosting account/domain expirations, exceeded system parameters, or DNS changes within the domain.
• Your proactive management and oversight of these components are crucial for ensuring uninterrupted and effective service delivery by WP Division.

2.10 Duration of service provision

The services provided by WP Division to the User shall be for the term of the subscription plan chosen by the User, unless automatically renewed under the terms specified within the subscription plan. The relationship and thus the provision of services may also be terminated earlier by either party in accordance with the termination provisions set out in these Terms of Service. In the absence of a specific end date, services will continue under the same terms and conditions as the initial subscription plan until terminated by either party in accordance with these Terms.

2.11 Provision of services via WordPress plugin

WP Division’s services are exclusively provided through our proprietary WordPress plugin, designed to seamlessly integrate with the User’s WordPress website. The following terms apply:

• Plugin installation and use: The User must install and keep active the WP Division plugin on their WordPress site to access the services. Detailed installation instructions are available on our website and within the plugin documentation.
• Compatibility: The plugin is compatible with the latest version of WordPress and is regularly updated to ensure compatibility with future versions. Users are responsible for ensuring their website meets the necessary technical requirements for plugin installation.
• License: Users are granted a non-exclusive, revocable license to use the plugin as part of their subscription plan. This license does not permit the distribution, modification, or resale of the plugin without prior written consent from WP Division.
• Support and updates: Subscription plans include access to plugin support and updates, ensuring the plugin remains functional and secure. Details on support hours and update policies are available on our website.
• Usage restrictions: The plugin should not be used for illegal activities, nor should it be modified in ways that could impair its functionality or bypass subscription restrictions.

3. Data protection and privacy

Our collection and use of personal data is described in our Privacy Policy.

We may update our Privacy policy from time to time. We will notify you of any changes by posting the new policy on this page. We will let you know via email and/or a prominent notice on our service, prior to the change becoming effective.

4. Limitations of Liability and Disclaimers

4.1 Service performance

WE PROVIDE THE SERVICES “AS IS” WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. For example, WP Division does not guarantee that a) the service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements. The quality and performance of the service may be affected by various factors, including but not limited to, technical issues, internet bandwidth, and website configuration. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

4.2 Third-party links and services

Our services may include links to third-party websites or involve the use of third-party services that are not owned or controlled by WP Division. We assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

4.3 User content

WP Division is not responsible for any user-generated content and does not endorse any opinion contained in such content. Users are solely responsible for their content, including its legality, reliability, and appropriateness.

4.4 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WP DIVISION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

4.5 Indemnification

You agree to defend, indemnify, and hold harmless WP Division, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the services, (ii) your violation of these Terms, (iii) any breach of your representations and warranties set forth in these Terms or (iv) your violation of the rights of a third party, including intellectual property rights.

5. Amendments and modifications

5.1 Updates to terms

WP Division reserves the right, in its sole discretion, to modify or replace these Terms at any time. When we make changes, we will post the revised Terms on our website and update the “Last updated” date at the top of the Terms. We may also provide notice of significant changes through other means, such as email or a prominent notice on our service platform.

5.2 User’s responsibility to stay informed

It is your responsibility to check these Terms periodically for changes. Your continued use of or access to our services following the posting of any changes to these Terms constitutes acceptance of those changes. If you disagree with the revisions, you must stop using our services.

5.3 Effect of changes

Amendments or modifications to the Terms will become effective immediately upon posting unless we specify otherwise. Your use of the services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes.

5.4 Feedback and suggestions

WP Division welcomes feedback or suggestions regarding our Terms and services. However, it is important to note that we may use any feedback, comments, or suggestions without any obligation to compensate you for them, and incorporating them into our practices does not grant you any rights to our services or intellectual property.

6. Termination of services

6.1 Termination of services

6.1.1 By the user: The User may terminate their subscription plan with a 30 day notice to WP Division via the user’s account on the WP Division website or through direct communication with WP Division’s customer service.

6.1.2 By WP Division: WP Division reserves the right to terminate the provision of services to the User with a 30 day notice for any reason or no reason its sole discretion.

6.2 Immediate termination for non-compliance: In the event of serious breach of the terms of service by the User, such as illegal use of the services, non-payment, or actions that harm the rights of other users or WP Division, WP Division reserves the right to terminate the services immediately without prior notice.

6.3 Effect of termination: Upon termination, the User must cease all use of the services, and WP Division will disable access to the services. Any outstanding fees owed by the User to WP Division up to the date of termination remain payable.

6.4 Post-termination obligations: Termination of the services does not relieve the User of any obligations incurred prior to the termination date, including payment obligations.

6.5 Survival

Sections that by their nature should survive termination of these Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Governing law and dispute resolution

7.1 Governing law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America and the state law applicable to the state where WP Division is registered, without regard to conflict of law principles.

7.2 Dispute resolution

Please read this Arbitration Agreement carefully.  It is part of your contract with WP Division and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Informal negotiation: To expedite resolution and reduce the cost of any dispute, controversy, or claim related to these Terms (“Dispute”), you and WP Division agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Arbitration: You and WP Division agree that any Dispute that cannot be resolved through informal negotiations will be finally and exclusively resolved by binding arbitration. The arbitration will be conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) in the state where WP Division is registered. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the provisions of these Terms, award punitive damages, or certify a class.. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. The parties will cooperate with JAMS and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate JAMS list with substantial experience in resolving contract disputes.

Waiver of jury trial.  EACH PARTY HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT, THE ORDER FORM OR THE SUBJECT MATTER HEREOF OR THEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL.

Class action waiver: YOU AND WP DIVISION AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN WP DIVISION AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

All aspects of the negotiations or arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

8. Contact information, feedback, and service exclusions

8.1 Contact information

For any questions, concerns, or comments regarding these Terms and Conditions, our services, or any related matter, please contact WP Division via:

Email: privacy@wpdivision.com

8.2 Feedback

WP Division highly values feedback from our users. Please note that any feedback, comments, ideas, improvements, or suggestions provided to WP Division will be considered non-confidential and non-proprietary. WP Division will be free to use such feedback on an unrestricted basis.

8.3 Service Exclusions

Please be advised that WP Division’s services are not available to clients located within the European Union (EU). This exclusion is due to regulatory and compliance considerations related to the provision of digital services within the EU. We apologize for any inconvenience this may cause and appreciate your understanding.

8.4 Electronic communications.

The communications between you and WP Division use electronic means, whether you use the Services or send us emails, or whether WP Division posts notices on the WP Division’s website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from WP Division in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WP Division provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

9. Intellectual property rights

9.1 Ownership of intellectual property

All content displayed on or through WP Division’s services, including but not limited to, text, graphics, logos, images, digital downloads, and software, is the property of WP Division or its content suppliers and protected by international copyright and intellectual property laws.

9.2 User-generated content

Users may submit content to WP Division’s platform. By doing so, users grant WP Division a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

9.3 Copyright infringement claims

WP Division respects the intellectual property rights of others and expects users to do the same. We have a policy of removing content or disabling access to content that is alleged to be infringing and taking reasonable steps to terminate the accounts of repeat infringers.

9.4 Restrictions

Unless explicitly allowed, no WP Division content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without WP Division’s express prior written consent.

9.5 Protection and enforcement

WP Division will enforce its intellectual property rights to the fullest extent of the law. This may include seeking criminal or civil prosecution and damages against individuals or entities that infringe upon WP Division’s intellectual property rights.

10. User conduct

10.1 General standards

Users are required to use WP Division’s services responsibly and ethically. Conduct that negatively affects other users’ ability to engage with the services, violates any laws, or harms WP Division’s reputation is strictly prohibited.

10.2 Prohibited activities

Users must not:

• Engage in any activity that is illegal under applicable law, or promote illegal activities.
• Post or distribute content that infringes on the intellectual property rights of others.
• Transmit malicious software or code that could harm WP Division’s service or other users.
• Harvest or collect data about others, including email addresses, without their consent.
• Use the service to send spam or other unsolicited messages in violation of applicable laws.
• Engage in behavior that is abusive, harassing, threatening, or otherwise objectionable.

10.3 Content standards

Content posted by users must comply with community standards and must not:

• Contain explicit violence, hate speech, discriminatory remarks, or promote intolerance.
• Include pornography, sexually explicit material, or content that exploits individuals in a non-consensual manner.
• Misrepresent the user’s identity or affiliation with any person or entity.

10.4 Enforcement and reporting

WP Division reserves the right to take appropriate action against any user for any violation of these rules, including removing content, suspending or terminating accounts, and cooperating with law enforcement authorities. Users are encouraged to report violations of these conduct standards to WP Division through the provided contact information.

11. Refund and Cancellation Policy

11.1 Cancellation by Users

Users may cancel their service subscription at any time. To cancel, users must notify WP Division in writing via the provided contact methods. The cancellation will take effect at the end of the current billing period, and users will have access to the service until then.

11.2 Refunds

Service Dissatisfaction: If a user is dissatisfied with the service for a valid reason, such as significant downtime or failure to deliver as promised, they may request a full or partial refund within 30 days of the service issue. WP Division will review each request on a case-by-case basis.

Automatic Renewals: Users who are billed due to an automatic renewal but wish to cancel may be eligible for a refund if the request is made within 7 days of the renewal date.

11.3 No refund conditions

Refunds will not be provided for services already rendered or for minor issues that do not significantly affect the use of the service. Additionally, no refunds are available for special offer services or services purchased through third-party vendors.

11.4 Processing of refunds

Approved refunds will be processed to the original payment method within a certain number of days, depending on the payment provider’s policies.

11.5 Modifications to the service

WP Division reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. Users will not be eligible for refunds if they have substantially consumed the service or in cases of service modifications that do not materially affect the overall service functionality.

12. Force Majeure

12.1 Definition

A “Force Majeure” event refers to any circumstance beyond the reasonable control of WP Division, including but not limited to natural disasters (earthquakes, floods, hurricanes), war, terrorism, industrial disputes, epidemic, pandemics, government actions or regulations, and the failure of public utilities or networks.

12.2 Exemption from liability

WP Division shall not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions if such delay or failure is due to a Force Majeure event. This exemption applies to any obligation that is affected by the Force Majeure event.

12.3 Notification

Upon the occurrence of a Force Majeure event, WP Division will make all reasonable efforts to notify users of the nature of the event, its expected duration, and the measures being taken to mitigate its effects.

12.4 Continuation and termination

If a Force Majeure event continues for more than 30 days, WP Division may, without liability to users, terminate any affected services or these Terms and Conditions by providing written notice to users.

12.5 Mitigation

WP Division is committed to taking all reasonable measures to mitigate the impact of any Force Majeure event on the delivery of its services to users.

13. Entire agreement

This section confirms that the Terms and Conditions constitute the full and exclusive understanding and agreement between WP Division and the user regarding the service. It supersedes all prior discussions, agreements, and understandings of any kind, including any terms or conditions on the user’s purchase order or other business forms. Any amendments or modifications to this agreement must be in writing and signed by authorized representatives of both parties. This section ensures clarity and finality in the agreement, providing a clear reference point for the rights and obligations of both parties.

14. Severability

This section ensures that if any part of these Terms and Conditions is found to be invalid, illegal, or unenforceable, that part will be excluded from the agreement without affecting the rest of the Terms. The remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. This clause maintains the integrity and enforceability of the agreement as a whole, even if part of it is deemed void or unenforceable in certain situations or jurisdictions.

II. Maintenance Terms and Conditions

These Maintenance Terms and Conditions (the “Maintenance Terms”) describes the maintenance and support services provided by WP Divisions to Users who subscribe to a subscription plan. These Maintenance Terms are subject to and made a part of our Terms of service, including as applicable its warranties disclaimers, requirement to arbitrate disputes and liability limits. Capitalized terms not defined in these Maintenance Terms shall have the meanings given to them in the Terms of Service.

1. Service description

1.1 WordPress support

Our WordPress support includes the following services:

• Troubleshooting and error resolution
• Core, plugin, and theme updates
• Performance optimization
• Security measures: We implement security protocols to protect against threats and vulnerabilities.
• Design customization
• Feature enhancement

1.2 Backup copies

WP Division provides a utility service to back up the content of your website to a remote cloud account. The frequency and size of the backup depend on the selected care plan. Different care plans offer varying levels of backup frequency and storage space to suit your needs.

1.3 Security (Vulnerability) scanning

WP Division conducts regular security scans of your website to detect vulnerabilities, viruses, and unauthorized changes. If the scan identifies issues, a report will be generated listing the infected files along with recommendations for cleaning and securing your website.

It is acknowledged that security scans may not detect all issues, and WP Division does not guarantee the detection of all malicious content.

1.4 Cleaning and protecting websites

Following a security scan, according to your chosen care plan, WP Division will attempt to clean your website of malicious code and infected files, and will implement measures.

It is acknowledged that in rare instances, the cleaning process may lead to partial or total loss of website functionality. WP Division is not responsible if the backup copies of the website does not result in restoring it to its previous state.

2. Third-party hosting providers

2.1 Recognition of hosting risks: You, the Client, acknowledge and agree that WP Division operates solely as a support service for WordPress websites and is not responsible for any hosting services provided by third-party entities. The performance and reliability of these hosting services are outside the control and responsibility of WP Division.

2.2 Limitation of liability: WP Division shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the performance, failure, or outage of any third-party hosting services. This includes, but is not limited to, impacts on website speed, accessibility, uptime, data loss, security breaches, error messages, and any interference with administrative or user access.

2.3 Performance issues: In the event of performance degradation, such as slow website responsiveness, frequent downtime, or other related problems, it is your responsibility to contact the hosting provider to resolve these issues. WP Division may assist in identifying potential problems related to hosting, but the ultimate resolution lies with the hosting provider.

2.4 Third-party interactions: Any dealings with third-party hosting providers, including, but not limited to, the provision of required website resources, payment for services, and dispute resolution, are solely between you and the provider. WP Division disclaims any responsibility for the outcome of such interactions.

2.5 Support continuity: While WP Division is not responsible for third-party hosting issues, we remain committed to providing continuous support for your WordPress website within the scope of our services. Our support includes liaising with your hosting provider, where possible, to facilitate communication and expedite resolution of hosting-related issues that may affect the services provided by WP Division.

2.6 Recommendations: Upon your request, WP Division may recommend potential hosting providers based on known performance and compatibility with WordPress. However, the selection and agreement with any hosting provider are entirely your decision and responsibility. WP Division does not endorse or assume any liability for third-party hosting services, even if a provider was recommended by us.

3. Website administration access

3.1 Grant of access: For the purpose of delivering comprehensive support services, you are required to provide WP Division with the necessary credentials to access the website’s administration panel. By granting WP Division these credentials, you authorize the use of such access exclusively for actions pertinent to the provisioning of agreed-upon services.

3.2 Security protocol: You acknowledge that by providing these credentials, WP Division will implement industry-standard security measures to protect access to your website’s administration panel.

3.3 Notification of changes: In the event of any changes to the administration access credentials, you must promptly communicate the new details to WP Division. Failure to provide updated credentials may result in interruptions or delays in service and support.

3.4 Access safeguards: WP Division shall create individual access accounts for its personnel where possible, to ensure activity is logged and traceable. Shared accounts will only be used when necessary and will be managed to prevent unauthorized access.

4. Hosting account/domain control panel access

4.1 Grant of access: You shall provide WP Division with the necessary credentials for full access to your hosting account’s control panel and, if applicable, your domain administration panel. This access enables WP Division to administer, manage, and provide complete services for your WordPress website.

4.2. Scope of access:

4.2.1 Technical management: You hereby authorize WP Division to perform any technical tasks, which may include making changes to the configuration, setting up databases, managing file directories, modifying DNS settings, and implementing security protocols within your hosting account or domain settings.

4.2.2 Performance optimization: WP Division may adjust settings in your hosting account or domain control panel to optimize website performance, ensure compatibility with WordPress, and improve load times.

4.2.3. Support engagement: With the provided credentials, WP Division is permitted to interact with your hosting/domain provider’s support teams on behalf of WP Division or you, the client, to expedite the resolution of technical issues or queries related to the hosting account or domain services.

4.3 Responsibility of credential updates:

4.3.1 Notification of changes: It is your responsibility to inform WP Division of any changes to the credentials promptly. Failure to provide updated access information may hinder WP Division’s ability to deliver continuous service and immediate support.

4.3.2 Security protocol: When providing new credentials, it is highly recommended to use secure methods of communication to ensure the protection of your sensitive information.

4.3.3 Access maintenance: You agree to maintain a valid, working set of credentials with WP Division for as long as it is necessary to fulfill the services outlined.

4.4 Confidentiality and security:

4.4.1 Confidential handling: WP Division commits to maintaining the confidentiality of your access credentials and shall use them exclusively for delivering the contracted services.

4.4.2 Minimal use principle: Access to your hosting account/domain control panel will be utilized only when necessary and will be limited to actions that are required to provide services or resolve issues.

4.5 Liability limitation:

4.5.1 Hosting provider issues: WP Division is not responsible for any actions or downtime caused by the hosting provider, including but not limited to, server outages, data loss, or security breaches.

4.5.2 Data integrity: While WP Division will endeavor to take reasonable steps to maintain the integrity of your website during its service, it is your duty to ensure that backups are in place before providing WP Division with access to the control panel.

4.6 Duration of access: Access to the website’s administration panel by WP Division shall continue to be available as long as it is necessary to fulfill the Service’s scope, unless earlier terminated by you or WP Division in accordance with the terms of the service agreement.

4.7 Credential reversion: Upon termination of services or at your request, WP Division will assist in the process of changing administrative credentials to ensure no unauthorized access is possible post-termination of services.

5. Maintenance requirements

5.1 Provision of technical resources: To enable WP Division to perform maintenance services, you are required to provide all necessary technical resources. This includes uninterrupted access to and the ability to download the latest versions of all website software components. These components comprise, but are not limited to, themes, plugins, modules, language packs, and associated licenses.

5.2 Updating information: You must ensure that WP Division is provided with up-to-date information regarding your website’s technical components. It is crucial that WP Division has access to the most current versions and updates to maintain the functionality and security of your website.

5.3 Licenses and legal compliance: You are responsible for maintaining valid licenses for all commercial software components of your website. You must provide WP Division with proof of such licenses upon request. It is your responsibility to ensure that all software components comply with the applicable laws and regulations.

5.4 Timely communication: In the event of updates or changes to the technical components or their providers, you agree to communicate this information to WP Division promptly. This will assist WP Division in maintaining the continued performance and security of your website.

5.5 Cooperation for access:You agree to cooperate with WP Division to provide any additional information or access as may be required to perform maintenance tasks. This includes providing access to any third-party service accounts that are integrated with your website.

5.6 Impact of non-compliance: Failure to provide the necessary technical means and information as outlined above may result in a reduction of maintenance service quality and can lead to vulnerabilities within your website. WP Division shall not be liable for any issues arising from incomplete or outdated information or resources provided by you.

6. Scope of the service

6.1 Right of refusal: WP Division retains the unconditional right to decline to provide services at any time in its sole and absolute discretion. For example, WP Division may refuse to provide services in the following circumstances:

1. Non-WordPress platforms: Services will not be extended to websites that are not built on the WordPress platform.
2. Custom code and third-party modifications: WP Division may refuse service for WordPress websites that contain custom code or third-party features, plugins, frameworks, or themes that do not adhere to standard WordPress practices or cannot be supported by WP Division due to compatibility or quality standards.
3. Outdated or unsupported software: Websites running on outdated or unsupported versions of WordPress or its components may be refused service due to security vulnerabilities and performance issues associated with such software.
4. Unauthorized software: WP Division will not provide services to websites that contain nulled, pirated, unauthorized, or unlicensed code, features, plugins, or themes to maintain legal compliance and software integrity.
5. WordPress multisite networks: WP Division reserves the right to decline services for websites operating within a WordPress Multisite network due to the complexity and unique challenges presented by such configurations.

6.2 Assessment and determination: Prior to service engagement, WP Division will perform an assessment of the website to determine its eligibility for the services offered. The assessment will review the website’s adherence to the aforementioned criteria.

6.3 Communication of refusal: In cases where WP Division determines that service cannot be provided, you will be informed promptly of the decision and the specific reason(s) for the refusal.

6.4 Refund policy: Should WP Division refuse service after payment has been made, a full refund will be issued for the refused and unsupported services. The refund will be processed using the original method of payment unless otherwise arranged.

6.5 Future compliance: If a previously refused service becomes eligible through the removal of disqualifying factors or by updating to supported software versions, WP Division may re-evaluate the website’s eligibility for services.

7. Data confidentiality and liability

7.1 Confidentiality assurance: WP Division is committed to employing reasonable security measures to safeguard your data, including credential data, against unauthorized access, disclosure, alteration, and destruction.

7.2 Secure handling of credentials: Only authorized personnel within WP Division who are directly involved in the service delivery will be authorized to access to these credentials, and such access will be granted solely for the tasks required to provide the Service.

7.3 Liability Limitation for Credential Misuse: You agree that WP Division will not be liable for any unauthorized use, disclosure, or loss of credentials unless such misuse is due to negligence or willful misconduct by WP Division.

7.4 Client’s Responsibility for Credential Accuracy: You are responsible for providing accurate and complete credentials necessary for WP Division to access the website administration panel and the hosting account/domain control panel. You agree that WP Division will not be liable for any service interruptions, failures, or deficiencies attributable to incorrect or incomplete credentials supplied by you.

7.5 Notification of credential changes: It is your obligation to promptly notify WP Division of any changes to the provided credentials that would affect our ability to provide the Service. WP Division is not liable for any delay or failure in service delivery resulting from your failure to provide updated information.

7.6 Breach notification: In the unlikely event of a breach or suspected breach of data confidentiality involving your credentials, WP Division will notify you immediately and take all necessary steps to mitigate the breach’s impact as per applicable laws and regulations.

7.7 Indemnification: You agree to indemnify and hold WP Division harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your failure to provide accurate and secure access credentials or failure to notify WP Division of any changes to your credentials in a timely manner.

8. Installation of necessary WordPress plugins

8.1 Consent to plugin installation: By entering into this agreement and providing the necessary access credentials, you hereby give WP Division permission to install and activate certain WordPress plugins that are essential for the provision of the Service.

8.2 List of essential plugins: The required plugins include WP Division’s proprietary plugin ‘WPDDivision’, alongside others such as ‘MainWP’, and additional plugins for security, speed optimization, caching, SEO, and others as deemed necessary by WP Division.

8.3 Maintenance of system plugins: You agree to maintain the operation of all system plugins installed by WP Division. These plugins must remain active and unaltered for the duration of your use of the Service to ensure that your website functions correctly and benefits fully from the Service provided.

8.4 Prohibition of unauthorized alterations: Without the prior written consent of WP Division, you shall not disable, uninstall, delete, or attempt to circumvent any system plugin installed by WP Division. Doing so may compromise the website’s functionality and security and may lead to suspension or termination of the Service.

8.5 Plugin support and updates: WP Division will provide support and updates for ‘WPDivision’ and any other plugins installed by WP Division as part of the Service. You will be notified of any updates or changes to these plugins as necessary.

8.6 Ownership and Licensing: The ‘WPDivision’ plugin remains the intellectual property of WP Division. Any additional plugins installed will be subject to their respective owners’ licensing agreements. You agree to adhere to these terms and not to violate any licensing restrictions.

8.7 Client’s right to inquire: You have the right to inquire about the purpose and functionality of any plugin installed by WP Division. Upon request, WP Division will provide a rationale for why each plugin is considered necessary for the Service.

8.8 Removal upon termination: Upon termination of the Service, WP Division will assist in the safe removal of any system plugins, if requested, ensuring that no residual data or functionality is compromised.

9. Hosting account and domain – resources

9.1 Hosting and domain management: The provision of the Service by WP Division does not extend to the active management or administration of your hosting account or domain name. The responsibility for these elements lies solely with you, the client.

9.2 Performance responsibility: You recognize that the performance and reliability of your hosting account and domain are critical to the proper functioning of your website. You agree to take full responsibility for:

1. Resource adequacy: Ensuring that the hosting plan’s resources (including RAM, disk space, bandwidth, etc.) are appropriately scaled to meet the demands of your website.
2. Disk space management: Maintaining sufficient disk space in your hosting account to accommodate all website content, including media, databases, and other data.
3. Software requirements: Confirming that your hosting provider maintains and supports essential software (like PHP, SQL, and the web server) and offers a range of software versions to support website compatibility and performance.
4. Account and domain status: Keeping the hosting account and domain active and operational, with all necessary renewals managed in a timely manner.

9.3 Liability exclusions: WP Division will not be held responsible for any website disruptions, dysfunctions, or performance issues that arise from:

1. Inconsistent actions: Any actions or changes to the hosting account/domain made by you or on your behalf by third parties, including your hosting provider, that negatively affect website performance.
2. Account and domain lapses: The expiration or suspension of the hosting account or domain due to non-renewal or non-payment.
3. Exceeded parameters: Situations where your website exceeds the system parameters of the hosting plan, leading to performance degradation or service suspension.
4. DNS and domain changes: Any alterations to the domain DNS settings that disrupt website accessibility or functionality.

9.4. Collaboration and assistance: While WP Division is not responsible for managing hosting and domain resources, we are willing to provide assistance and advice to help you maintain optimal website performance within the scope of our services.

10. Integration with General Terms of Service

10.1 Incorporation by reference: This Maintenance Terms and Conditions document is supplementary to, and should be read in conjunction with, the General Terms of Service (the “General Terms”) of WP Division. By agreeing to these Maintenance Terms and Conditions, you also affirm your agreement to the General Terms, which govern the foundational aspects of our service provision.

10.2 Precedence: In the event of any conflict between the provisions of this Maintenance Terms and Conditions document and the General Terms, the General Terms shall take precedence unless explicitly stated otherwise in this document.

10.3. Comprehensive Agreement: These Maintenance Terms, together with the General Terms, constitute the entire agreement between you and WP Division with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, with respect to such subject matter.

10.4 Document availability: The General Terms are available upon request and may also be found on our website. It is your responsibility to review the General Terms to ensure you understand the terms that govern our overall service relationship.

10.5 Changes and amendments: WP Division reserves the right to modify or amend the General Terms at any time. Any changes to the General Terms will be communicated to you in accordance with the procedures outlined therein. Your continued use of our Services following any such changes will constitute your consent to and acceptance of the revised General Terms.

III. Terms of Acceptable Use for WP Division

Introduction

Our Acceptable Use Policy (the “Policy”) is designed to provide clear guidelines on the use of our services and to ensure a positive and productive experience for all our customers.

1. Working time allocations

Monthly time limits: Each service plan offered by WP Division includes a predetermined amount of time allocated each month for maintanance and expert assistance with your site:

• Plan ‘Cover’: 1 (one) hour per month for maintanance.
• Plan ‘Control’: 2 (two) hours per month for maintanance and 1 (one) hour for expert assistance.
• Plan ‘Power’: 4 (four) hours per month for maintanance and 2 (two) hours for expert assistance.
• Plan ‘Custom’: Аs specified in the agreement.

1.1 Rollover policy: Any unused time in a given month will not be carried over to the next month.

1.2 Exceeding time limits: Should you exceed your monthly time allocation and require additional assistance, you may either:

• Upgrade to a plan with more allocated time.
• Purchase additional support time separately.

1.3 Limit of assistance: WP Division reserves the right to refuse assistance within a subscription period once the allocated monthly time limit has been reached.

2. Scope of supported services

Included services: WP Division provides a range of support services as detailed on the II. Maintenance Terms and Conditions and plan subscription page.
Exclusions: The following services are not supported and fall outside the scope of WP Division’s support:

• Creation of a new website from scratch.
• Partial or complete redesign of an existing website.
• Content creation for the website.
• SEO optimization (adding keywords, descriptions, recommendations, and settings).
• Improving website ranking and visibility in search engines.
• Analysis of server (hosting) resources consumption.

3. Backup policy

Content and database backups: Regular backup copies created by WP Division cover all website content and databases, with the following exceptions:

• Files exceeding 100 MB in size.
• Files of specific types including, but not limited to: iso; ace; arj; avi; bak; bin; bz; bz2; cab; car; cbr; ccd; cdr; cue; drw; exe; flv; gz; gzip; img; jar; jmy; lbs; md; mid; midi; mov; mp2; mp3; mp4; mpa; mpeg; mpg; nrg; pae; pak; psb; psd; r00; r01; r02; r03; ram; rar; rm; rmf; sea; sub; tar; tar.gz; tgz; vob; wad; wav; wave; wma; wmv; zip

4. Conduct and behavior standards

Professional interaction: WP Division requires all interactions with customers and users, including system support requests, to adhere to standards of good manners, morals, and polite behavior.

Right to deny service: WP Division reserves the right to:

• Deny further assistance or communication if a user fails to comply with these standards.
• Unilaterally terminate the contractual relationship and refuse the provision of services in the event of such non-compliance.

5. Revisions to the Policy

WP Division reserves the right to revise this Policy at any time. Users will be notified of any changes that materially affect their use of the services.

6. Contact and communication

For questions regarding this Policy or to discuss any of our terms, please contact WP Division through the provided channels.