EasyWP Care Website Maintenance Terms & Conditions

Last updated: 26 June 2019

 

Parties

Vendee hereinafter referred to as “You” or “Client”. Vendor, FiveDot SDN BHD, a Malaysia Limited Liability (Sendirian Berhad or SDN BHD) Company hereinafter referred to as “FiveDot”, “Our”, “Us” or “We” who solely owned https://www.fivedot.com.my and any subpages (“Site”).

This EasyWP Care Website Maintenance Terms (“Terms”) is hereby entered into between the Client(s) and applies to the purchase of all monthly EasyWP Care Website Maintenance services (hereinafter collectively referred to as “Services”, “EasyWP Care” or “Maintenance Service”) ordered by Client.

 

Electronic Consent

In lieu of this electronic “Terms & Conditions”, you have a right to request a paper copy of these “Terms & Conditions” before signing up. If you want a paper copy, please talk to one of our sales representatives and we will send you a paper copy via email, mail or fax.

 

Terms and Conditions

1) STANDARD TERMS AND CONDITIONS: These are the standard terms and conditions for EasyWP Care Website Maintenance and apply to all work that undertaken by FiveDot for its clients.

2) OUR FEES AND DEPOSITS: The payment is charged monthly for all EasyWP Care plan directly through PayPal subscription-based payment that incurs every month. The billing cycle will take around 30 days (1 month) from the date of the first payment made for the service. No initial setup fees or deposit is needed for EasyWP Care plan. As for additional or one-time services that covered under the website maintenance services, 100% of the proposed fees shall be made in advance of the project.

3) REFUND POLICY: We work sincerely & dedicatedly to satisfy you. If you are still not pleased with our work, our refund policy works as below:

  • 50% of fees would be refunded for additional services if requested within 7 calendar days from the date of order.
  • Refund not applicable for all EasyWP Care plan once the payment is made for the billing cycle.
  • Refund not applicable for any delays out of our control.
  • Refund not applicable once the work or project is completed.
  • Refund not applicable on domain registration, SSL, web hosting, and other 3rd party services/tools fees.

4) BACKUPS & RESTORATION: The Client’s website backups are stored for 90 calendar days. The client must have an active EasyWP Plan in order to request for the backup file. If the Client terminates the Service or failed to renew the service within 7 calendar days, backups will be removed from the server. If the Client renews the Service within 7 calendar days, the backups will still be available. If the Client would need to keep the website backup date for more than 90 calendar days, the Client shall responsible to back up the data using 3rd party tools or services. In the event that a restoration of the website is required, FiveDot will provide with the backup file and assist in the restoration process. We do not guarantee the success of the restoration when the hosting, theme, plugins, and other software/tools used on the website is out of our control. The restored website will be reverted to the last backup version, and FiveDot will not be responsible to revert or restore the changes made after the last backup version unless the work is performed by FiveDot.

5) SECURITY & WEBSITE HACKING: Security hardening will be performed on the website according to the best practices published by WordPress without affecting the functionality of the Client’s website. Due to the hosting, theme, plugins, and other software/tools used on the website are out of our control, we cannot guarantee that all hardening suggestions from WordPress official website can be implemented. FiveDot will perform the work within our capability and cost to prevent hackers and malware from exploiting vulnerabilities on the Client’s website. However, we cannot guarantee that the Client’s website will not be hacked or exploited by hackers (or bot) using any means to harm the website or causing loss to the Client. You shall not attempt or engage in potentially harmful acts that are directed against the website or Service including, without limitation, the following: (a) sharing your password or login with any other person; (b) violating or attempting to violate any security features of the website or the Service; (c) intentionally introducing viruses, worms, software, Trojan horses, or other similar harmful code into the website or the Service, outside of the infected covered websites; (d) interfering or attempting to interfere the website and Service by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” “hacking,” “phishing,” or “crashing” the website or the Service.

6) PERFORMANCE & SPEED: FiveDot will implement performance optimization based on the best practice of the website development by minimizing the effect on the functionality of the Client’s website. The performance check result will be based on the result provided by Google PageSpeed Insight and YSlow, which provide the recommendation to improve the website. However, we cannot guarantee any result of the speed due to the limited control over the assets and resources on the website and the other factors that affecting the speed of the website. We shall provide a further recommendation based on the result provided by the two service provider listed above. It’s the Client’s sole responsibility to implement any additional optimization or by subscribing to the additional service provided by FiveDot.

7) SEARCH ENGINES & RANKING UPDATE: All the work performed by us are search engine friendly and follow the best practices as stated by the major search engine (Google, Bing, Yahoo, etc.). However, we do not guarantee any specific position in search engine results for your website. Basic SEO service included in the Service will only cover the basic setup such as the creation of XML & HTML sitemap, creation of robots.txt, ensuring the website has main menu & other navigation, set up universal or standardized meta title & description, etc. We shall not be responsible if there is any fluctuation of the ranking after the subscription of the service. The monthly report will provide the current ranking of the specifically assigned keywords. The keyword shall be provided by the Client. FiveDot can recommend keywords if request by the Client or he/she doesn’t have any keywords to target. The number of keywords shall not be exceeding fifty (50) keywords. If the Client request any changes of the keyword to be tracked using the SEO keyword ranking update. The data will be available after approximately one month of the request, allowing the system to crawl Google for search result and its ranking.

8) ANALYTICS: The analytics service will require the Client to grant us access to their Google Analytics & Google Search Console account in order to provide the data update in our report. Only a brief summary of the Google Analytics data of the past 30 days will be provided, which includes total session, returning users, organic search, pageview, time on site, bounce rate, keywords, country, etc. We cannot ensure the accuracy of the data as we solely rely on Google Analytics to provide the data. If the Client doesn’t have Google Analytics installed on their website, FiveDot can assist in the installation of the analytic & search console tool on the Client’s website.

9) WORDPRESS PLUGIN & THEME UPDATE: The Service will perform the update for WordPress core, plugins and themes. In the circumstance that any of these cannot be updated due to various reasons, the Client will be notified by FiveDot. FiveDot will perform a pre-project check to determine whether the WordPress website is fit to perform an update. If the website does not fit for an update, which will cause any disruption of the website functionality, breaking the design, or any unexpected events, we shall notify the Client in a written notice. The Client can either agreed to not update these updates or to perform the recommended actions provided by FiveDot. FiveDot will not responsible for any cost incurred for updating the plugins & theme. Any cost to update premium or paid plugins, themes and 3rd party services shall be bear solely by the Client. We cannot guarantee the functionality and compatibility of any update of WordPress, plugins, themes, and 3rd party services, as this is out of our control. We shall do our best to ensure the functionality of the website within our capability and offer advice/recommendation. 

10) UPTIME MONITORING: The Service offers uptime monitoring features depending on the plan subscribed. This Service automatically scans and detect downtime and will provide the monthly report of downtime detected by the system during the service period. No real-time update will be provided by the regular service plan. If the Client would like to receive real-time notification service for the downtime of the website, FiveDot shall assist with the installation of additional tool on the website which any incurred cost shall be bear by the Client in addition to the cost of the additional work performed by FiveDot.

11) BROKEN LINK MONITOR: The Service will scan the website automatically for the broken link, which page that receives a 404 status. The result of the scan will be provided at the end of the service month. No real-time update will be provided by the regular scan service plan. If the Client would like to receive real-time notification service for the broken link on the website, FiveDot shall assist with the installation of additional tool on the website which any incurred cost shall be bear by the Client in addition to the cost of the additional work performed by FiveDot. This service may include false positive detection of a broken link where the specific page has code errors that block the access of the bot to scan and analyze the page. The false positive can also occur when the website is down or inaccessible.

12) MAINTENANCE REPORT: The Client with an active EasyWP Care subscription plan will receive a monthly report of their website performance which includes the features that he/she subscribed for. The report will be sent to the email subscribed for the service. If the Client would like to have the email sent to multiple emails, a written notice shall be provided. FiveDot has the right to limits the emails to a reasonable number. If the client failed to receive the report under any circumstance, the Client is responsible to request for the report with a written notice within 7 calendar days. If the Client requests the report after 7 calendar days, we might not be able to provide the data for the past Service month.

13) WEBMASTER SERVICE: Webmaster service includes updating, posting, editing, or replacing content on the website. Contents include article/text, image, video and other multimedia that allowed to be upload to the WordPress website and server. This service, however, does not include the creation of any content. The Client shall responsible for the content unless subscribing for additional services offered by FiveDot.

14) SUPPLY OF MATERIALS: You must supply all materials and information required by us to complete the work in accordance with the agreed specification. Such materials may include but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to stop work and no refund shall be provided.

15) VARIATIONS: We are pleased to offer you the opportunity to make revisions to the work. However, we have the right to limit the revision proposals to a reasonable amount and may charge for additional fees if you make a change to the original specification. Any major deviation from the specification will be charged at the rate of MYR150 per hour.

16) PROJECT DELAYS AND CLIENT LIABILITY: Any time frames or estimates that we give are contingent upon your full cooperation along with complete and final content for the work pages. During the work, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process. We will not be responsible if the project remains largely unfinished or is delayed, due to your own inaction, or by not approving the work or not requesting changes on time.

17) APPROVAL OF WORK: On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 calendar days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed.

18) REJECTED WORK: If you reject any of our work within the 7-day review period and not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as complete and take measures to recover payment for the contracted work or not able to provide any refund for the work completed.

19) COPYRIGHTS & TRADEMARKS: You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

20) LICENSING: Once you have paid us in full for the work we grant to you a license to use the website, it’s components and contents for the life of the website. Service provided by 3rd party service such as plugins & themes shall survive their license period according to the service details of the plugins or theme developer. The installation of any premium/paid plugin, theme or any 3rd party service will first be approved by the Client and FiveDot shall bear the cost of these plugins, themes, or any 3rd party services if prior specified in the contract/agreement. If the Client would like to install additional premium/paid plugin, theme or any 3rd party service that is not specified in the contract/agreement, the Client shall bear the cost of the plugin, theme, or 3rd party services, in additional to the additional charges for the work performed by FiveDot to deal with the installation, configuration, and other work related to the plugin, theme, or 3rd party service that not prior agreed in the contract/agreement.

21) CONSEQUENTIAL LOSS: We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

22) DISCLAIMER: Notwithstanding anything to the contrary contained in this contract, neither FiveDot nor any of its employees or agents, warrant that the functions, features, or tools contained in the Client’s website will be uninterrupted or error-free. In no event will FiveDot or its owners or employees will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the 3rd party service/tool, the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if FiveDot has been advised of the possibility of such damages.

23) ASSIGNMENT: We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

24) NON-DISCLOSURE: We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party. Any disclosure of information, such as review, project portfolio and other related exposure of your work will acquire agreement from the Client in a written notice.

25) ADDITIONAL EXPENSES: You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to additional service, purchase of third-party software/tool, stock photographs, fonts, domain name registration, web hosting, SEO or advertising services or any other comparable expenses. These extra add-ons have to be paid immediately and in advance before the work.

26) TERMINATION: These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on our website FAQ and discontinuing use of the Service. If you subscribe for a Free Trial Plan, FiveDot may terminate your account and these terms 7 days after the trial period and all the data will no longer be available. If you have a Paid Plan, FiveDot may terminate your account and these terms immediately and without notice, if the Client fails to pay any fees or invoices after 7 calendar days when due, or otherwise fail to comply with these Terms. On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Services, and you will no longer be able to access and restore your data. Also, you specifically agree that FiveDot has no obligation to provide you or anyone else with a copy of your data.

27) RIGHT OF REFUSAL: FiveDot reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also, we have the right to be free from acts or threats of disruptive behaviour, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications. This applies to the Client’s website that has a depreciated version which update has not to be performed for a long time period. Updating these websites might affect the compatibility of the website with its functions and tools. Hence, it will be treated as not fit for the Service. FiveDot shall recommend actions to deal with the issue. Any other factors that deem to be unfit of the Service will be rejected as well.

28) CHANGES TO THE SERVICE & TERMS: FiveDot reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part. In the event FiveDot anticipates that any such action will significantly affect your use of the Service in a negative way, FiveDot will endeavour to provide you with advance notice by email or by posting relevant information on the Site. FiveDot reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Service following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Service immediately. FiveDot assumes no liability or responsibility for your failure to review the current version of these Terms.

29) GOVERNING LAW: Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into the Law of Malaysia. Any dispute will be litigated or arbitrated to the Law of Malaysia.

 

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