WP Support Care Plan Terms and Conditions
WEBSITE MAINTENANCE & SUPPORT
Date: May 03, 2018
Between “us”, ByRivers Tech LLC, and “you”,
1.0 Services Rendered
We’ll offer support relating to your WordPress website. We don’t offer hosting, so you’ll need to host
your website with another company who will handle downtime or email issues relating to your
We can’t guarantee that our work will be error-free (we’re human!) so we can’t be liable to you or any
third-party for damages, including lost profits, lost savings or other incidental, consequential or
special damages, even if you’ve advised us of them.
2.0 Mutual Cooperation
We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed
above. You agree to aid us in doing so by making available to us needed information pertaining to
your website and to cooperate with us in expediting the work.
3.0 Charges for Services Performed
3.1 Requests above and beyond our monthly budget may be considered out-of-scope and an
amendment to the budget will be recommended.
4.0 Terms of Payment
4.1 Billing Schedule
We’re sure you understand how important it is as a small business that you pay the invoices that we
send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep
the project moving forward, so you agree to stick tight to the following payment schedule.
For monthly retainer plans we’ll do an automatic charge on a monthly basis using either paypal or
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4.2 Collection Costs
In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in
addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
5.0 Cancellation of Plans
You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you
agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and
which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any
liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.
6.0 Responsibilities of ByRivers Tech LLC and Polimnia
6.1 ByRivers Tech LLC’s Responsibility for Releases
We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted
materials, photographs, art work or any other property or rights belonging to third parties obtained
by us for use in performing services for you (If applicable).
6.2 Client Responsibility for Releases
You guarantee that all elements of text, images, or other artwork you provide are either owned by
your good selves, or that you have permission to use them.
6.3 Client Responsibility for Accuracy
You shall be responsible for the accuracy, completeness and propriety of information concerning your
products and services which you furnish to us verbally or in writing in connection with the
performance of this Agreement.
ByRivers Tech LLC acknowledges its responsibility, both during and after the term of its appointment,
to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential
information or data developed by ByRivers Tech LLC on behalf of Polimnia Rossin or disclosed by
Polimnia Rossin to ByRivers Tech LLC.
8.0 Term and Termination
8.1 Period of Agreement and Notice of Termination
This Agreement shall become effective as of DATE HERE and shall continue until terminated by either
party upon not less than 60 days’ notice in writing given by either party to the other.
8.2 Termination for Cause
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Either party to this Agreement may terminate the Agreement if the other party defaults in the
performance of any of its material duties and obligations and the default is not cured within thirty
(30) days of the receipt of notice of said default, or if the default is not reasonably curable within said
period of time, unless the defaulting party commences cure within said period of time and diligently
proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the
other party if the other party is insolvent or has a petition brought by or against it under the
insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of
creditors, if a trustee, or similar agent is appointed with respect to any property or business of the
other party, or in the case of the Client, if the Client materially breaches its obligations to make
payment pursuant to this Agreement.
8.3 Payment for Non-Cancelable Materials?
Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for
your account, (either specifically or as part of a plan such as modules, photography and/or external
services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to
use our best efforts to minimize such liabilities immediately upon written notification from you. We
will provide written proof, upon request of the Polimnia Rossin, that any such materials and services,
are non cancelable.
8.4 Materials Unpaid For
If upon termination there exist any materials furnished by us or any services performed by us for
which you have not paid us in full, until such time as you have paid us in full you agree not to use any
such materials, in whole or in part, or the product of such services.
8.5 Transfer of Materials
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing
by Polimnia Rossin to ByRivers Tech LLC, ByRivers Tech LLC shall transfer, assign and make available
to Polimnia Rossin all property and materials in its possession or control belonging to Polimnia
Rossin. Polimnia Rossin agrees to pay for all costs associated with the transfer of materials.
9.0 General Provisions
9.1 Governing Law
This Agreement shall be governed and construed in accordance with the laws of the Province/State of
9.2 Representations and Warranties
The parties each individually represent and warrant that each has full power and authority to enter
into this Agreement and to perform all of their obligations hereunder without violating the legal or
equitable rights of any third party.
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9.3 Entire Agreement
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole
and entire Agreement and understanding between the parties hereto as to the subject matter hereof,
and supersedes all prior discussions, agreements and understandings of every kind and nature
between them as to such subject matter.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or
future law, then that provision will be fully severable. In such instance, this Agreement will be
construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a
part of this Agreement, and the remaining provisions of this Agreement will remain in full force and
Polimnia Rossin, to accept this contract, click the accept button and sign at the prompt. You will be
emailed a copy for your records
PLEASE READ! WPUP.CO REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO WPUP.CO. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH WPUP.CO OR ITS CONTENTS IN ANY MANNER. WPUP.CO SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
The Seller of this product is:
3103-361 Front Street West
Toronto, ON, M5V3R5
Contact Email: [email protected], All Rights Reserved.