Krowdspeak Managed Website TOS
Before using Krowdspeak services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE Krowdspeak (“SERVICES”). BY USING THE Krowdspeak SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT Krowdspeak ROLE DISCRETION. IF YOU DO NOT AGREE AND ABIDE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
Description Of Membership service
The Site is an internet service that offers managed website solutions to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content Krowdspeak makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time, as a result of an equipment malfunction, upgrade, maintenance or repair of the Site or otherwise, within or outside the control of Krowdspeak. Krowdspeak has the right to change, suspend or discontinue the availability of the Site and/or Services and/or remove any content at any time in its sole discretion without notice.
Your website stays online as long as you keep your service plan in good standing with us.
As a condition to using Services, you are required to open an account with Krowdspeak will create a unique password and username to your website.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise not appropriate and/or offensive.
Please do not reveal your Account information to anyone else. You are responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you must agree to immediately notify Krowdspeak of any security breach of your Account. Krowdspeak shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Krowdspeak account.
Services are available only to legal entities and to individuals who are at least 18 years old.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Krowdspeak 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.
All Krowdspeak Plans are monthly subscriptions that automatically bill and charge your provided credit or debit card every 30 days once a form of payment has been saved – until a cancellation request is submitted.
You agree that you will pay for the Services and that Krowdspeak may charge your selected 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 your Account.
Prices for the Services may change at any time at Krowdspeak ’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Krowdspeak , its affiliates 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 Krowdspeak, its affiliates 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 Krowdspeak 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 Krowdspeak 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.
Krowdspeak, 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 Krowdspeak OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Krowdspeak graphics, logos, designs, page headers, button icons, scripts, service names, and any other intellectual property are the sole and exclusive intellectual property of Krowdspeak. Krowdspeak ’s intellectual property may not be used in connection with any product or service without the prior written consent of Krowdspeak.
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]
Each request is subject to a maximum of one hour of development. The effort required for development is exclusively determined by Krowdspeak management. For work outside of the scope of the Krowdspeak 1 hour development agreement, Krowdspeak management may provide at its discretion break the work up into one-hour blocks spread out over several business days.
Krowdspeak provides 24/7 support but provides no guarantee either expressed or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by Krowdspeak management or by its assigned agent.
NATURE OF REQUESTS
- Requests should fall within the following categories.
- Styling with CSS
- Content population & image manipulation
- Creation of graphics (e.g. logos, buttons, banners, etc.)
- WordPress advice and support
- Theme/plugin audits
- Theme/ Plugin installation and implementation
- Organic SEO Services
If you are unsure about 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.
Examples of requests which shall not meet Krowdspeak management approval for support: Custom plugin, theme development, back-end custom coding
Any fix deemed by Krowdspeak management to exceed one hour of WordPress Expert’s work unless approved of as a project that would be done over several business days by Krowdspeak will be rejected. Any service not within the scope of service mentioned will incur a fee of $50/hr for each task – with a quote provided prior to working on the update request.
Certain services available may include materials from third parties. If Krowdspeak provides links to third-party materials as a convenience to you, you agree that Krowdspeak 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 Krowdspeak 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 Krowdspeak management, at its sole and exclusive discretion. Customers deemed to be abusing the Krowdspeak service or team will be contacted by the Krowdspeak management. Krowdspeak management retains the sole and absolute discretion to suspend service to you if Krowdspeak management deems it necessary.
TERMINATION & CANCELLATION
All Krowdspeak Plans are monthly subscriptions that automatically charge your provided credit or debit card every 30 days until a cancellation request is submitted.
You may cancel the Krowdspeak membership service anytime by opening a ticket.
If you desire to cancel our Service to control your website yourself, a termination fee of no less than $1000 will be charged. Once payment is received, you will have complete website ownership and our Service will be canceled. Unless you transfer the website off our hosting, you will be charged market cost for premium website hosting, along with any premium domain renewals going forward. We can optionally provide a transfer code for your domain and you can optionally move your website to your own web hosting.
Krowdspeak may terminate or suspend any and all Services and/or your Krowdspeak 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. If you wish to cancel your Krowdspeak 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.
If you choose to terminate the plan without acquiring a copy or self-management, we reserve the right to immediately delete your website from our platform, but ususally within 30 days after cancellation.
You can contact us through the contact page or by the provided email address to issue a termination request.
Krowdspeak 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, Krowdspeak will notify you by posting an announcement on the website. What constitutes a material change will be determined at Krowdspeak ’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 Krowdspeak 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. Krowdspeak shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Krowdspeak ’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. Krowdspeak 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 California between two residents thereof, the parties submit to the exclusive jurisdiction of California 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.
EXCLUSIVE DESIGN CREDIT
Weʼre proud of our work and reserve the right to apply the text “Designed by Krowdspeak” on your website. Should you wish to remove the credit, a fee of $250 applies. Removal of our name does not mean surrendering our design credit to any other party. Without our expressed consent, you agree that “Designed by Krowdspeak” will be visibly displayed on your site acknowledging design credit.