TERMS OF SERVICE
Last Updated 07/06/2021
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and TEMPORA RESOURCES, LTD (“Company”, “we”, “us”, or “our”), concerning your subscription to a Paid Support plan (hereinafter referred to as “Services”) offered on this website (hereinafter referred to as “Site), and the client software distributed with this Agreement and any other software provided by, including any plugins, updates and any accompanying written documentation (hereinafter referred to as “Software”).
This Agreement shall be incorporated into the Terms of Use Agreement located at. In the event a conflict occurs between the two Agreements, the Terms of Use Agreement shall prevail and the remainder of this Agreement shall remain in effect.
This Agreement governs your use of the Services and Software provided by us. By checking the “I Agree To The Terms of Service” checkbox or similar checkbox, or using any of our services, you agree to this Agreement. If you do not wish to be bound by this Agreement, then do not indicate acceptance; do not make any purchase of Services; and do not use the Services. If you agree to this Agreement on behalf of a legal entity, you represent that you have the authority to bind that legal entity to this Agreement.
SUBSCRIPTION AND FEES
Services are available only to legal entities and to individuals who are at least 18 years old. Furthermore, you must be a US-based entity or individual, with hosting accounts also based in the United States. We accept only US dollars as payment for our services.
You must register on our website to use the Services, and you agree to keep your registration information accurate, complete, and up-to-date as long as you continue to use the Services.
You understand that you are purchasing Support and Maintenance Services in pre-defined blocks of time such as; 3 hours Support for the Basic Plan; 8 hours Support for the Professional Plan; 15 hours Support for the Pro Plus plan at varying degrees of discount from our standard development hourly rate. We will monitor your site for issues; perform daily updates as needed; perform backups as needed, etc. We will make changes to the site per your requests in a timely manner. We will track our time in 3-minute (or .05 hours) increments. We will notify you if your block of time is about to expire. You will have the option to upgrade your account to the next level and pay the difference; purchase another block of time at your current Plan level; or allow us to suspend Support until the beginning of the next billing cycle (backups, if required will continue to operate). Your billing cycle will begin on the day you sign up and will renew on or about the same day each month thereafter. Any unused time will not roll into the next billing cycle.
Upon signing up for one of our Services, you agree to pay the monthly subscription and any variable usage-based fees, if any, for the plan you have selected and agree to any applicable restrictions and quotas. Additionally, you are responsible to pay for any state and local (or any legally authorized taxing authority) sales or use tax whether collected by us at the time of payment or not. By using a credit card for payment, you authorize us to automatically renew your monthly subscription and charge the then-current renewal fees to the credit card associated with your account.
If you are not happy with our Services within the first 30 days, you may cancel your subscription by notifying us at info@tempora.com and we refund 100% of your initial fees. You may cancel your subscription prior to the next billing date to avoid future charges. Services will continue until the end of the current billing cycle, but no Service fees will be refunded for the current billing cycle.
Prices of all Services and Products, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from us.
You are monetarily responsible for any additional fees related to the operation of your website. These fees include things like web hosting, premium plugins, and domain registration. Should it be necessary to purchase a premium plugin to enhance your website functionality, we will work with you to acquire the plugin or theme, but you agree to purchase it with your payment method and establish an account in your name.
Due to the many signups of customers with knowingly Malware infected websites, we can only remove Malware and viruses from your website as a part of your plan after you have been a paid subscriber for at least 7 days. During the first 7-day period of being a subscriber, if your site is or becomes infected, we will clean your site for a one-time fee of $149. It is required that we clean your site before we can begin to provide you with any of our other services including nightly backups. If we become aware that your site is infected with Malware within the first 7 days of sign up, we will contact you via email with more information on how to pay for the Malware cleanup. When we contact you, you will have the option to pay for the Malware cleanup or you can cancel your subscription and we will refund your introductory subscriber payment. After you pay for the one-time Malware cleanup, the Malware will be removed by the end of the next Business Day. We cannot guarantee that we can remove the Malware or virus from your site. If for some reason we cannot clean your site, we will refund you the one-time Malware cleanup fee along with the initial subscriber fee, and cancel your subscription.
CANCELLATIONS AND REFUNDS
If you cancel your plan after 30 days, you will continue to receive the services provided by your plan until the end of your current monthly billing cycle. If you cancel your plan within the first 30 days and you want to receive a full refund, all you need to do is send an email to info@tempora.com requesting the refund to our support team and we will refund you (with no questions asked) the payment that you made when you signed up. If you request a refund before the end of your subscription (not within the first 30 days) due to a failure on our part to provide any of the Services of your selected Paid Plan, a prorated refund of up to one (1) month subscription may be issued based upon the number of unused days of service that the Services were used for that monthly period. Refunds will not be issued for Services already provided. If your Paid Plan is in violation of this Agreement, refunds will not be issued. We are so confident that you will love our service and support so much that we offer an initial 30-day money-back guarantee.
We reserve the right to refuse Services or cancel your subscription and revoke your subscription access with a prorated refund for any reason we deem appropriate. You may not resell, share, or publish subscription credentials or access.
PASSWORDS AND SECURITY
You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You agree to use strong passwords and not something easily guessable. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. You must notify us immediately of any unauthorized use of your accounts or any other security breach related to the Services. If we determine that a security breach has occurred or is likely to occur, we may suspend your account and require you to change your username and password.
REQUIRED CREDENTIALS AND AUTHORIZATION
In order to perform efficient Support Services, we require administrator access to your website; credentials to your hosting provider’s cPanel or equivalency; SSH (or shell) access; FTP (or SFTP) access. In some cases, we may need access to your DNS provider should it be necessary to make DNS changes to your account. In some cases, we may need access to your premium plugin (or theme) developer account in order to download and install updates. For as long as you pay for Services, you authorize us to retain these credentials within our internal systems. We will destroy these credentials within 30 days of the cancellation of your subscription. When you sign up for one of our Services, we will contact you separately with instructions on sending us these credentials.
You authorize us to act as your agent when it is necessary to contact your hosting provider; DNS provider; or Plugin/Theme provider for the purpose of resolving issues related to your website. You agree to give us any additional authentication information such as a PIN necessary to communicate with any Third-Party Support (i.e., GoDaddy) and you agree to forward us 2-factor authentication requests in a timely manner should it be necessary for us to gain access to review Third-party support ticketing systems.
DATA BACKUPS AND RESTORATION
If your hosting plan already includes a backup service (like WP Engine), we will not configure backups for your site. If you require us to perform backups, we backup your WordPress website each night between 10 PM CST and 6 AM CST unless you send us an email requesting for your backups to be done at a different time. You authorize us to install the necessary software to perform the backups. We will only backup your WordPress Files, WordPress directories, and the WordPress Database. We do not backup files or directories that are not part of the WordPress installation. We store a number of nightly backup files locally on your hosting provider providing there is ample space available. If your current hosting plan does not have enough space available, or your hosting provider does not allow us to perform manual backups we will notify you and work with you to resolve this issue. If we cannot resolve this issue, then we will refund your initial payment and cancel your Services. In addition to nightly onsite backups, we store weekly backup files to offsite backup servers. If your site backup is greater than 1GB, we reserve the right to charge an additional fee to back up your site.
When restoring using our backup system, we generally perform a full restore of all the WordPress files and the database file from a specific backup file. In most cases, a partial restore of a specific file or sub-directory can be performed. To request a restore of your website, you must contact us and we will provide you with further instructions. For the security of your data, we do not specify on our Site the entire procedure to request a restore of your website. We do not provide any guarantee on how long it will take us to restore your WordPress files and database from a backup but we try to start your restoration within 2 hours of receiving your authorized request. Depending on the size of your files and database, it can take several hours for the restoration process to complete.
LIMITATIONS TO WEBSITE UPDATES
By subscribing to one of our Services, you authorize us to update all of the WordPress core files, the active theme, and all of the active plugins as needed. Additionally, you authorize us to install wp-cli for command-line access to WordPress and to install plugins such as WordFence and Securi to monitor, scan, and protect the site from attacks. We update all WordPress plugins and themes (when a new release is available) that allow automatic updates. By automatic updates, we mean all themes and plugins that can be updated from within the WordPress Dashboard. We perform all updates after confirming that your website was successfully backed up. We will only update plugins and themes that are compatible with the version of WordPress that you have installed. We will only update the WordPress core files if all your plugins are compatible with the latest version of WordPress. If after performing any update, your website is not working as it should, we will restore your website to how it was before the update. When a new release of a plugin or theme is available, it may be several days to perform the updates to ensure the updates are compatible with your current WordPress version. We will update inactive themes and plugins for security reasons but we highly recommend that you delete all inactive themes and plugins. We will never delete a plugin or theme without your prior consent. We will notify you of abandoned or removed plugins from the WordPress download site as this may be a security issue that needs to be resolved. It is your sole responsibility to notify us via email if you notice that your website is not working properly after any updates are performed and ask us to restore your website to the latest backup version. Please keep in mind that If we have to restore your website, we cannot recover any content, posts, pages, new memberships, orders, or any other changes that occurred between the time the backup was created and the time the website was restored.
TERM AND TERMINATION
This Agreement, and any posted revisions, remain in effect as long as you continue to maintain an account or subscribe to our Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing the use of the Services. We may terminate your account and this Agreement immediately and without notice if you fail to comply with any of the terms in this Agreement or any other Agreement on this site. If you have Services, we may terminate your account and this Agreement immediately and without notice if you fail to renew your Services; fail to pay any fees or invoices after ten days when due; or otherwise fail to comply with this Agreement. On termination or expiration of your account or this Agreement, 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 backup data. Additionally, upon termination under this Agreement, you specifically agree that Company has no obligation to provide you or anyone else with a copy of your backup data and that Company will automatically purge your backup data from any systems used by the Company to back up your data within 30 days of termination.
PRIVACY POLICY
You agree that our collection, use and disclosure of your personal information, backup data or any other data will be governed by our Privacy Policy, which is incorporated into this Agreement by reference, and is available in its entirety here: https://www.tempora.com/privacy-policy/
DISCLAIMER OF WARRANTIES
YOU SPECIFICALLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
LIMITATION OF LIABILITY
YOU SPECIFICALLY AGREE THAT COMPANY, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR IN ANY WAY RELATING TO THE SERVICES.
IF YOU HAVE A PAID SERVICES PLAN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING A (3) MONTH PERIOD BEFORE THE RELEVANT CLAIM. IF YOU HAVE A TRIAL PLAN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SERVICES IS LIMITED TO ONE HUNDRED US DOLLARS ($100). YOU SPECIFICALLY AGREE THAT THE DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY.
GENERAL
If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there will be no third-party beneficiaries to this agreement. You agree that any claim or cause of action related to this Agreement or the use of the Services and Software must be filed within one (1) year after the cause of action arose or be forever barred.
You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of the Company. The Company may freely assign this Agreement to a third-party in the future.
CHANGES TO THIS AGREEMENT
The Company reserves the right at any time to modify, suspend, or discontinue providing the Services, in whole or in part, without notice. While not obligated to do so, Company will use commercially reasonable efforts to notify you of any such action by sending you an e-mail, an in-client message or by posting relevant information on the Sites. The Company reserves the right to modify this Agreement 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 Services following any such modification constitutes your agreement to be bound by the modified Agreement. To stay informed of any changes, please review the most current version of this Agreement posted on the Site. If you do not agree to be bound by this Agreement, you must cancel your account and stop using the Services immediately.