Maintenance Terms of Service
Below are the terms & conditions for maintenance for your WordPress website from Shoot to Thrill Media LLC. (STTM)
DESCRIPTION OF MAINTENANCE SERVICES
Maintenance service is a service that offers WordPress support to operators of websites running on single-site installations of WordPress. Shoot To Thrill Media has the right to change, suspend or discontinue the availability of the Services at company’s discretion. A Shoot To Thrill Media management plugin must be installed and remain active during all maintenance support.
You agree that you will pay for the services and that Shoot To Thrill Media may charge either in monthly, semi-annually, or annually based upon agreed amount between client and company. Payment must be made electronically either with credit, debit or PayPal via an invoice sent to you by Shoot To Thrill Media.
HOURS AND HOURLY LIMITS
Maintenance Service is defined as maintenance that is requested within the monthly limits at least 2 days in advance to the end of a monthly term (if applicable). A specified number of hours of performed maintenance per month or per package is allowed. Any additional work exceeding the allotted hours in any month must be agreed upon by client. An email suffices as acceptance of this agreement. Additional hours will be billed at $120.00 per hour, billing is rounded up to the nearest 15 minutes of service (0.25 hours). All hours used reset to 0.00 hours at the beginning of the month’s term and unused hours are lost and do not “roll over” to the next or any following months.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Shoot To Thrill Media , 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 Shoot To Thrill Media, 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 Shoot To Thrill Media 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 Shoot To Thrill Media be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or 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.
Shoot To Thrill Media, 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 Shoot To Thrill Media OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Shoot To Thrill Media graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of Shoot To Thrill Media. Shoot To Thrill Media’s intellectual property may not be used in connection with any product or service without the prior written consent of Shoot To Thrill Media.
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 protected]. The effort required for development is exclusively determined by the Shoot To Thrill Media management.
Shoot To Thrill Media 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 Shoot To Thrill Media management or by its assigned agent.
NATURE OF REQUESTS
Requests should fall within the following categories:
- HTML, CSS, changes
- Styling with CSS
- Content population & image manipulation
- Editing of graphics (e.g. logos, buttons, banners, etc.)
- WordPress advice and support
- Optimization of CSS and Images
- Theme/plugin audits
- Theme/ Plugin installation and implementation
- Organic SEO Services
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. An email suffices as a ticket.
Examples of requests which shall not meet Shoot To Thrill Media management approval for support:
- Custom plugin creation or editing
- Theme development
- Back-end custom coding (excluding HTML and CSS)
Certain services available may include materials from third parties. If Shoot To Thrill Media provides links to third-party materials as a convenience to you, you agree that Shoot To Thrill Media is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability and / or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree not to use any third-party materials in a manner that would infringe or violate the rights of any other party and that Shoot To Thrill Media is not in any way responsible for any such use by you.
Customers deemed to be abusing the Shoot To Thrill Media service or team will be contacted by the Shoot To Thrill Media management. Shoot To Thrill Media management retains the sole and absolute discretion to suspend service to you if Shoot To Thrill Media management deems it necessary.
TERMINATION & CANCELLATION
You may cancel the Maintenance Services anytime following a 30 days notice of cancellation.
Shoot To Thrill Media may terminate or suspend any and all Services and/or your Shoot To Thrill Media 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 cease at the end of the final paid term. If you wish to cancel your Shoot To Thrill Media account, you must Contact us with your cancellation 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 by the provided email address to issue a termination request.
If canceling a Management plan while still having remaining time from a previously purchased “maintenance bundle”, you will forfeit any remaining time from your bundle purchase. (See “Maintenance Bundle Refund Policy” for more information)
MAINTENANCE BUNDLE REFUND POLICY
You may request a refund of your bundle purchase at any point if (and only if) no (0:00:00) maintenance time has been deducted from your purchased bundle. Refunds may take 5-10 business days to process. Prorated refunds for unused time will not be honored.
If canceling your WordPress management you automatically forfeit any remaining time from your purchased bundle.
Shoot To Thrill Media reserves the right, at its sole discretion, to change or remove or replace or add to the terms at any time. If the alterations constitute a material change to the terms, Shoot To Thrill Media will notify you by posting an announcement on the website. What constitutes a material change will be determined at Shoot To Thrill Media’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 partnership, agency, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Shoot To Thrill Media 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. Shoot To Thrill Media shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Shoot To Thrill Media’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. Shoot To Thrill Media 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 Florida between two residents thereof, the parties submit to the exclusive jurisdiction of Florida 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.