The Perfect Website Package Terms and Conditions
IN THESE TERMS AND CONDITIONS, THE WORDS “THE WP PROS,” “US,” “WE,” AND “OUR,” REFER TO OUR COMPANY, GOGOIT INC, AND OUR WEBSITE, WWW.THEWPPROS.COM, AS IS APPROPRIATE IN THE CONTEXT OF THE USE OF THE WORDS. “YOU” AND “YOUR” REFER TO YOU.
1. Limitation of Liability
IN NO EVENT SHALL THE WP PROS BE LIABLE FOR ANY LOSS, CLAIM, DAMAGES, OR COST (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR LOST INFORMATION) ARISING OUT OR RELATED TO OF THE USE OF OR INABILITY TO USE OUR SITE, SERVICES OR PRODUCTS, EVEN IF THE WP PROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE WP PROS BE LIABLE FOR LOSS OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), OR OTHER DAMAGES BASED IN CONTRACT, TORT OR OTHERWISE. THE WP PROS SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SITE, SERVICES OR PRODUCTS OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. THE FOREGOING EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE APPLICABLE JURISDICTION. THE WP PROS AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE TERMS AND CONDITIONS WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES OR PRODUCTS, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OF THIS TERMS AND CONDITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE, THE PRODUCTS OR SERVICES PROVIDED, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE OR SAID PRODUCTS OR SERVICES PROVIDED. THE WP PROS IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY SERVICES OR PRODUCTS PURCHASED FROM OUR SITE.
Our WordPress theme(s) and Plugin(s) are licensed pursuant to the terms of the GNU General Public License, version 2.0 (“GPL”). The terms of the GPL can be accessed here.
All .PSD files packaged separately and produced by The WP Pros are not licensed under the GPL 2.0. Instead, these files inherit The WP Pros Personal Use License described within these Terms and Conditions. These files are given to all members on a personal use basis. You may not offer them, modified or unmodified, for redistribution or resale of any kind.
Third party libraries are subject to their own licensing. You are responsible for reviewing and following their respective licensing Terms and Conditions specific to each.
3. Ownership and Liability
You may not claim intellectual or exclusive ownership to any of our products software, modified or unmodified. All products are property of The WP Pros. Our products are provided “as is” without warranty of any kind, either expressed or implied. You hold ownership of your website, but not the software.
4. Website Inclusions
The Perfect Website package includes the following: drag and drop builder; application of your colors of choice; website width (full or boxed); application of logo (if you have one); addition of custom Google fonts (if requested); eCommerce in the form of Woo Commerce; sample content/products; transfer of up to five pages of content (if the content is compatible with our mobile friendly pages) and one year of updates (view #9 for inclusions to updates). Also included in this package is the transfer of your website from our platform to your own domain and existing hosting provider.
5. Website Exclusions
The Perfect Website package excludes the following: integration of third party software/applications; integration of plugins; no customization outside of our builder features and software; integration of merchant accounts; email accounts and anything else not specified in the inclusions. Note that no exceptions will be made regardless of the circumstance or situation.
Our products are guaranteed to function as advertised on a clean self-hosted installation of WordPress or when activated without any changes. Once you modify any of the theme files or include third party applications, we cannot guarantee that the products will work. The WP Pros does not provide any warranty for our products in any manner. We cannot guarantee they will function with all 3rd party components, plugins or web browsers. Browser compatibility should be tested against the demonstration templates on the demo server. Please ensure that the browsers you use will work with the products, as we cannot guarantee that our products will work with all browser combinations.
7. Payments and Price Changes
If interested in purchasing any of our services or products, you will be required to submit payment information. To process payments, we use Authorize.net. You must agree with their Terms and Conditions before paying for any of our products. If purchasing a monthly subscription, your subscription will automatically renew monthly on the date of your first payment unless you request a cancellation from The WP Pros. Note that our company GoGoit Inc processes payment transactions for The WP Pros.
The WP Pros reserves the right to modify or discontinue, temporarily or permanently, prices of all products or subscriptions, including monthly subscription fees, at any time with or without notice. Such notice may be provided at any time by posting the changes to The WP Pros Terms and Conditions.
8. Refund Policy
As our products are non-tangible irrevocable, digital goods, we only offer refunds prior to the website going live and being transferred to your domain. Once the product is transferred to your domain no refunds will be provided (No exceptions). We guarantee our products will work as advertised, but in all cases where a refund is requested, a customer must work with our support team to try and resolve the issue prior to a refund being considered. Simply not liking aspects of the product(s) is not considered grounds for us to offer a refund. Refunds will be granted at the sole discretion of The WP Pros. No refunds will be given after the website has been transferred and installed on your own domain under any circumstances.
Updates will be released as often as needed for bugfixes, compatibility, and/or feature additions. These updates are available to you up to one year from purchase and are continuously available to customers who have paid for and have an active monthly support/hosting membership with The WP Pros. You do not need an active monthly membership to continue to use our products, but if an update is needed for a bugfix, compatibility or a feature addition, you will be required to obtain a monthly support membership subscription to receive these updates regardless of the situation or circumstance (once your year of updates is terminated). If you modified your website by adding third party applications and these applications conflict with our updates, we will not correct this issue or hold any form of liability. Updates are made at your discretion and changes/disruptions made by updating your site is your sole responsibility.
With the purchase of The Perfect Website Package, you will gain one-month access to our support system from the date that the product is placed on your domain. Any support provided will be provided via email and or phone (when applicable). Support is free for existing customers with a monthly support membership/subscription. We do not offer direct email or phone or otherwise for the installation, customization or administration of WordPress itself or 3rd party applications. Support feedback can be expected within 24-72 hours during normal business hours (PST time zone), but generally can be quicker depending on the support request and volume of support requested.
You agree to indemnify and hold The WP Pros, officers, directors, employees and agents, harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from content you submit, post, transmit or otherwise make available through use of our services or products, your connection to our service or products, your violation of the Terms and Conditions, or your violation of any rights of another.
12. Termination and Cancellation
The WP Pros in its sole discretion, has the right to suspend or terminate your account and refuse any and and all current or future use of the service or products provided by The WP Pros, for violation of the Terms and Conditions. The WP Pros reserves the right to refuse services or products to anyone for any reason at any time, refund your payment and terminate your monthly account or website package if deemed necessary. If you are dissatisfied with any aspect of our services or products and wish to terminate your account voluntarily, you may do so by contacting us.
14. Terms History
Last Modified: August 31, 2015 // Created: February 1, 2014
We reserve the rights to change or modify these Terms and Conditions without notice and at any time. For clarifications, please contact us from our contact page.