This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of WPlex LLC (the "Developer") governing the use by the customer ("Customer") of Developer's services and products ("Services and Products").
The Developer retains the right to modify these Terms of Service at any time and any such modification shall be automatically effective to all customers when adopted. Developer shall be the sole and final arbiter as the interpretation of the following. By utilizing the Developer's services and products, the Customer agrees to be bound by the terms herein outlined.
1. WEBSITE DEVELOPMENT
1.1 Delivery of Initial Content. The client shall provide the WPlex LLC developer with all initial content including images, text, sound, graphics, video, and other relevant data, unless otherwise specified by the developer.
1.2 Development. The Developer shall provide design, programming and other consulting services as specified in the Work Order for the acquired package fee within a reasonable time frame.
2. WEBSITE HOSTING
2.1 WPlex LLC, reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any change WPlex may reasonably make to this agreement when such changes are made. If you have purchased services, images, templates or other WPlex merchandise the terms of this agreement shall continue to be in effect as long as you take advantage of and use the services WPlex provides.
You agree that you will be responsible for notifying WPlex should you require to terminate your use of any WPlex services. Notification of your intent to terminate must be provided no earlier than 7 days prior to your billing date.
2.2 Domain Names and Domain Transfers: In order for your domain name to point to the WPlex Server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar to point to WPlex's nameservers. For domain transfers there are several criteria your domain needs to meet:
1. Your domain name cannot be expired
2. Your domain name must not be locked
3. Administrative contact e-mail address on the domains "WHOIS" record is active and checked by the domain owner
4. You must have the correct EPP key for the transfer (obtained from your current registrar)
For assisted domain transfer a fee may applied. WPlex will take the necessary steps to transfer the domain once the key and permissions are given. Clients are responsible for renewing their domain. WPlex will not take responsibility for lost domain names due to failure of renewal.
2.3 Content found on user's pages must not fall under the following categories:
- Adult sites that violate the law ie: Child Pornography
- Racism, violent/malicious/obscene
- Hate site
If we receive notice that these exist on our services, the customer will be notified immediately and required to remove the associated content in a certain time frame or face suspension.
3. WEBSITE MAINTENANCE
3.1 Modifications. If either party desires to modify the Internet Site at any time during the term of this Agreement, such party shall describe the additional services or deliverables to the other party. If the client wishes to modify, add, or delete any content from the site, he or she may at any time notify the developer, and the changes will be made in a reasonable timeframe. The client will not be charged any additional amount for site modifications unless monthly modifications exceed three hours of developer time.
4. OWNERSHIP
4.1 Work Product. All right, title and interest to Content and Intellectual Property in the Work Product created by the Developer under this Agreement shall be owned by the client.
5. PAYMENTS
5.1 All payments will be charged to an approved credit card (Visa, Mastercard, Discover, or American express), debit card, or paypal payment. All payments will be due for renewal on the 1st of each month. If your plan is on a automatic billing plan your payments will automatically apply unless you submit a proper cancellation of your account via our HelpDesk.
5.2 Late Payment notices occur anytime your services become past due. You will receive notifications via e-mail with instructions on rectifying the situation. WPlex reserves the right to deny acccess to and/or deactive accounts hosted on our servers which have unpaid past due balances.
5.3 Refunds/Cancellations: If, for any reason, WPlex LLC fails to deliver its said services, a prorated credit can be issued upon request. No credits will be issued if abuse of the stated policies occur. WPlex reserves the right to suspend services if your account is found in violation of the terms of service. If your account has been suspended you have 30 Days to rectify the situation by contact our Support Staff. If your problem is a work in progress the 30-days cans be extended by our staff.
Cancellations of accounts pre-paid for on a monthly basis will not receive a credit/refund for the remainder of the billing period, therefore we encourge to only submit cancellation when the account will no longer be used. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated credit, not a refund, based on the monthly rate of the same hosting plan, where any applicable credits will be issued to the client account and can be used to purchase other services/products by client at anytime. All add-on service payments are non-refundable as they are included only during the life of the hosting plan.
6.0 Liabilities
WPlex LLC, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shal WPlex LLC be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by emailing our abuse department at abuse(@wplex.com).