Last Updated: August 19, 2015
TERMS AND CONDITIONS
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has registered for the GEEK, with a personality Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
Before using any of the GEEK, with a personality services, you are required to read, understand and agree to these terms. You may only sign a contract or purchase a service after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE GEEK, WITH A PERSONALITY SERVICES (“SERVICES”). BY USING THE GEEK, WITH A PERSONALITY SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT GEEK, WITH A PERSONALITY’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
The web pages available at geekwap.com (“Site”), are owned and operated by GEEK, with a personality and are accessed by you under the Terms and Conditions described below (“Terms”).
Please read these terms carefully before using this website and our services. By accessing this website, viewing any content or using any services available on the site (as each is defined below), you are agreeing to be bound by these website Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. If you have a subscription to this website, your subscription will be terminated. The information and services contained on this website are protected by applicable copyright and trade mark law.
USE OF SERVICES AND RENTED CONTENT
You agree that you shall use the Service in compliance with the applicable usage rules established by GEEK, with a personality and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. GEEK, with a personality reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by GEEK, with a personality for compliance purposes, and GEEK, with a personality reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to GEEK, with a personality. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of GEEK, with a personality. GEEK, with a personality reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
GEEK, with a personality is a service that offers WordPress website design and development, WordPress website maintenance, and WordPress website training to operators of WordPress websites with one domain running on a single-site installation of WordPress. GEEK, with a personality only provides Services for and supports websites built on the WordPress platform. GEEK, with a personality Services do not support multi-site WordPress installations. Services include, but are not limited to, any service and/or content GEEK, with a personality makes available to you or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Service: Website Development
Website Design and Development are services offered on an as needed basis. A quote and contract will be sent to you for these services. If you need a website built or redesigned, please call me or contact me at http://geekwap.com/contact and I will walk you through the process.
Service: Development Hours
- Development Hours are offered either monthly or in one-time blocks of hours.
- Development Hours do not expire regardless of whether they are one-time or monthly.
- If you have Monthly Development Hours, unused time rolls over to the next month.
- If you need assistance in finding ways to use your Development Hours, you agree to contact GEEK, with a personality to discuss options.
- If you no longer have need of Monthly Development Hours, you are responsible for cancelling your subscription in a timely manner.
Service: Monthly WordPress Website Maintenance Plans
Monthly WordPress Website Maintenance Plans are services offered and performed on a monthly basis.
If the requestor has a Level 1 GEEK or Level 5 GEEK Monthly WordPress Website Maintenance Plan, these plans do not include Basic Site Updates. A cost estimate will be sent to the requestor. The requestor will need to purchase Development Hours to cover the cost estimate for the request.
Level 10 GEEK and Basic Site Updates
The Level 10 GEEK Monthly WordPress Website Maintenance Plan comes with a specific amount of time to use for basic site updates. To request Basic Site Updates, please send your request (“Request”) with detailed descriptions of what is needed via email or via the contact form at http://geekwap.com/contact. Once the Request is received, GEEK, with a personality management or its assigned agent will determine if the Request falls within the scope of the plan or not. If it falls within the scope of the plan, the Request will be approved, confirmed, and worked on. The effort required for development is exclusively determined by the GEEK, with a personality management. Examples of within scope Requests are, within limits, adding a page with basic content, adding a photo gallery, adding a sidebar, changing text or photos on the website, etc.
If a Request is outside of scope, a cost estimate will be sent to the requestor. The requestor will need to purchase Development Hours to cover the cost estimate for the request. If you are unsure about the whether or not a request meets the above criteria, submit your Request and we will either accept or deny the Request based on managerial approval.
Examples of out of scope Requests that do not meet GEEK, with a personality management approval are Website redesign, Landing page design, Custom plugin development, Custom theme development, Any request deemed by GEEK, with a personality management to be outside of scope. In the case of requests, such as, a complete website build, a complete website redesign, and/or but not limited to, adding significant functionality to your website (e-Commerce, etc), an assessment and quote for these services will be given on a case by case basis.
GEEK, with a personality provides Emergency Support to subscribers of the Level 10 GEEK Monthly WordPress Website Maintenance Plan. We will respond as soon as possible to the request, but due to the complexity of issues, we provide no guarantee either expressed or implied on the timeframe of when a request will or will not be resolved.
Services are available only to legal entities and to individuals who are at least 18 years old. As a condition to using our Services, you are required to provide GEEK, with a personality with your full name, address, phone number, and email address. GEEK, with a personality will keep this information safe and secure and will never transfer this information to another individual, unless required to do so by law. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your GEEK, with a personality Services with no refund.
ACCESS AND SECURITY
In regards to any work being done on your website you agree to the following conditions:
- Content: You will provide all of the website content, in the proper formats, which includes but is not limited to, all text, all images, all videos, and all links, including other content not specified in this agreement.
- Images: You will provide all content images for the website in the appropriate digital format. Images are defined as photographs, illustrations, animations, and custom graphics. Design elements common to every page of the website (banners, icons, menu graphics, etc.) are not considered images. If you choose to buy stock images I can suggest online vendors.
- Copyrights and Permissions: You guarantee that any content of text, graphics, photos, designs, trademarks, or other artwork and content that you provide me for inclusion on the website are either owned by you or that you have permission to use them. I will guarantee the same for content I provide. I will not be held liable for you or your website if you send me illegal content that you do not own and you do not have permission to use.
- Timeliness: In a timely manner, you will provide content to me, review the website’s progress, and provide feedback, so I will have sufficient time to complete the website updates within the agreed timeline. Depending on my workload with other clients, I will need up to 10 business days to put your content on your website. For more involved requests I will provide you with the timeline in an email. Should you fail to provide content or review the website’s progress in a timely manner, I will not be held liable for missing deadlines.
- Business Hours: My regular business hours are 9am-5pm CST, Monday – Friday. Any requests outside of this time will be billed at $100 per hour. For example, requiring me to launch a website after hours.
- Emergency Requests: I will respond within 24 hours to any Emergency Request. Emergency Requests will be billed at $125 per hour due to them taking away time from my current clients. Just to be clear, “responding” does not mean resolving the issue. The time to resolve an issue will be determined by the issue itself, if it is able to be resolved.
- Resolve: When issues arise, we both agree to try, to the very best of our abilities, to resolve them in a respectful manner. If resolution cannot be attained, Service will be terminated. I expect to be paid for 100% of my time/work completed up to that point. I will send you an invoice and I must receive a check within 15 days.
I am not a website hosting company and I do not offer or include technical support for website hosting, email or other services relating to website hosting. Please contact your website host for these issues.
Regarding maintenance and updates to your website, copyright is automatically assigned as follows:
- You own the graphics and other design elements that I created for you for this specific website project. I will give you a copy of all files and you should store them safely and securely. I am not required to keep them or provide backups of any native source files that I used in making them.
- You also own text content, photographs and other data you provided, unless someone else owns them.
I love to share my website design work with other people. I reserve the right to display and link to your completed/updated website as part of my portfolio, and write about it or refer to it on websites, magazines, and/or blogs, as necessary.
PAYMENTS AND SUBSCRIPTIONS
GEEK, with a personality accepts payment by check and via Stripe. Work will not be performed until checks are received and successfully deposited and/or Stripe payment has been confirmed.
You agree that you will pay for the Services, and that GEEK, with a personality may charge your payment method for any Services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with you.
All subscriptions will be automatically renewed at the end of your subscription period, by our merchant (Stripe), or you will be invoiced by GEEK, with a personality if you are paying by check. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING GEEK, WITH A PERSONALITY WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. You may not resell, share, or publish subscription credentials or access.
Payments for subscription based Service plans listed on this website are billed automatically – either monthly or annually. You are solely responsible for communicating with us regarding your billing subscription(s).
GEEK, with a personality does not store or maintain any of your financial information. All online financial transactions are processed by Stripe. GEEK, with a personality does retain information related to your subscription(s), invoices, and payment history.
Your total price will include the price of the Service, but expressly excludes any applicable taxes since we are providing a Service that is not taxable.
GEEK, with a personality reserves the right to change the coverage, pricing, and/or Terms of our Service plans at any time during active service. If a change in service pricing should occur, notice will be provided in advance. GEEK, with a personality does not provide price protection or refunds in the event of a price reduction, price increase, or promotional offering.
GEEK, with a personality reserves the right to temporarily suspend, cancel, and discontinue Services at any time.
ADDITIONAL COSTS AND FEES
I am not liable for any of these and other additional costs related to your website: WordPress Templates, plugins, and/or related fees; recurring annual fees for website hosting, recurring annual fees for domain name registration; Fees for internet merchant accounts, payment processing services, and/or other services. You will be notified of additional costs and fees as they arise, and you can either approve or decline them.
GUARANTEEE AND REFUNDS
All Monthly WordPress Website Maintenance Plans come with a 30 day money back guarantee.
For annual billing, refunds will be given for each unpaid month before annual renewal, excluding the current month. For monthly billing, no refunds will be given, including for the current month.
For purchased One-time Development Hours, if the time was used, no refunds will be given. If time is still unused after a period of 6 months, if desired, a refund will be given for unused hours.
CANCELLATION AND TERMINATION
Should you choose, you may cancel your Service(s). Before doing so, we would be happy to talk with you about your needs and how we may improve our service to you. If you wish to cancel your subscription, then you need to contact us at http://geekwap.com/contact at least 15 days before your next scheduled subscription payment. No exceptions will be made in this regard. If your subscription payment is automatically renewed, we will know that it is your intention to continue the subscription.
GEEK, with a personality may terminate or suspend any and all Services and/or your GEEK, with a personality 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 immediately cease. 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.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge GEEK, with a personality, 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 GEEK, with a personality, 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 GEEK, with a personality 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 GEEK, with a personality 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, arising out of the use or inability to use the Services provided by GEEK, with a personality, even if GEEK, with a personality or a GEEK, with a personality authorized representative has been notified orally or in writing of the possibility of such damage. 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 and terminate your business relationship with GEEK, with a personality.
GEEK, with a personality, geekwap.com graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of GEEK, with a personality. GEEK, with a personality’s intellectual property may not be used in connection with any product or service without the prior written consent of GEEK, with a personality.
Certain services available may include materials from third parties. GEEK, with a personality may provide links to third-party websites as a convenience to you. You agree that GEEK, with a personality is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that GEEK, with a personality is not in any way responsible for any such use by you.
UNLIMITED AND REASONABLE USE
The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by GEEK, with a personality management, at its sole and exclusive discretion. Customers deemed to be abusing the GEEK, with a personality service will be contacted by the GEEK, with a personality management. GEEK, with a personality management retains the sole and absolute discretion to suspend and/or terminate service to you if we deem necessary.
REVISIONS AND ERRATA
The information appearing on GEEK, with a personality’s website could include technical, typographical, or photographic errors. GEEK, with a personality does not warrant that any of the materials on its website are completely error-free, but strives to keep materials as accurate as possible. GEEK, with a personality may make changes to the materials contained on its website at any time without notice.
GEEK, with a personality reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the terms, GEEK, with a personality will notify you by posting an announcement on the site. What constitutes a material change will be determined at GEEK, with a personality’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 agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind GEEK, with a personality 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. GEEK, with a personality shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond GEEK, with a personality’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. GEEK, with a personality 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 the state of Minnesota between two residents thereof, the parties submit to the exclusive jurisdiction of the state of Minnesota 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.