Terms of Service

Effective as of 9th December 2018

Terms of Service

1.- Application of terms
2. Entering into an Agreement
3.- Client Obligations
4.- General terms and conditions
5.- Payments
5.1.- Payments General Terms
5.2.- Invoicing
5.3.- Automatic Renewal
5.4.- Money Back Policy
5.5.- Upgrade of Services
5.6.- Downgrade of Services
6. Termination of the Agreement
7.- Indemnification and Warranties
8.- Limitation of liability
9.- Relationships and Assignments
10. Governing Law and Jurisdiction
11.- Ownership and contact

SCHEDULE I: WordPress Maintenance, Web Hosting and Related Services Terms and Conditions

1.- General
2.- Licenses and Intellectual Property
3.- Conditions of Service
4.- Customer Obligations for Hosting and Internet Services
5.- Backup Related Services
6.- Specific WordPress Updates Services
7.- Third Party or Client Page Modification:
8.- Specific Migration Services
9.- Support
10.- Email Services
11.- Service Level Agreement (SLA)
12.- Termination
13.- Right to Refuse Service

SCHEDULE III: WPHercules Acceptable Use Policy

SCHEDULE IV: WPHercules Privacy Policy

SCHEDULE V: WPHercules Affiliate Agreement


Terms of Service

The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to all services provided by WPHercules (“WPHercules”, “Supplier”, “we”,”us”, or “our”) to you (“Customer”, “Client” ). By purchasing services from us you agree to this TOS.

If you do not agree with this terms or you do not understand them you should not use our services. You can contact us to clarify any term.

1.- Application of terms

  • This TOS consists of the following: Terms of service (this document with all its Schedules), WordPress Maintenance, Web Hosting and Related Services Terms and Conditions, Acceptable Use Policy (AUP), and the Privacy Policy. Collectively these documents are referred to herein as the “TOS.” They are referred to by their individual names if a particular paragraph applies to that document alone.
  • This TOS, together with your Order, represent the entire agreement relating to the Services and supersedes any agreements previously entered into between you and WPHercules. Any other contract provisions presented by you are expressly rejected.
  • The current TOS is always available on WPHercules website.
  • We may amend the terms and conditions contained herein including any and all Fees, and any such amendment will be displayed on WPHercules Website at least 30 (THIRTY) days prior to the implementation of the amendment. In the event that the Customer is a consumer, they may be entitled to terminate this Contract at any time up until any amendments are put into force. In the event a Customer places a further Order or continue to use the Services following the implementation of any amendment they will be deemed to have accepted such amendment unconditionally.
  • Previous terms shall, however, be valid until the end of the agreement period for such customers that have terminated their service before the entry into force of the new terms.
  • Only a WPHercules officer may alter this TOS. No agent of, or person employed by, or under contract with, WPHercules has any authority to alter or vary this TOS.
  • No oral explanation or oral information given by any party shall alter the interpretation of this TOS.
  • Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by WPHercules howsoever generated shall be subject to correction without any liability on the part of the WPHercules.

2. Entering into an Agreement

The Customer and the Supplier will enter into an agreement,

  • when the Customer has notified to have approved the Supplier’s quote or work estimate,
  • when the Supplier has confirmed the order in writing,
  • when the delivery of the service has been started and it has been informed to the Customer,
  • or when the Customer has paid for the ordered service,

whichever of the above takes place first.

The Supplier may reject the agreement or postpone or suspend delivery, if the Customer has any unpaid receivables or the Supplier has otherwise justified reasons to suspect that the Customer will violate the agreement.

3.- Client Obligations

  • The Customer agrees to conform to the standards and acceptable use policies of WPHercules which are set out in our Acceptable Use Policy (AUP).
  • The Customer agrees to pay all fees and charges levied by WPHercules by the invoice due date.
  • The Customer agrees to a Minimum Contract Period for the relevant Services obtained.
  • The Customer agrees to abide by the regulations set forth in this Agreement.
  • The Customer warrants to WPHercules that it has assessed the risk of using the Services, understand the liability and warranties contained within the Agreement and has given due consideration to the purchase of adequate insurance. The Customer further warrants that where applicable it has in place and will continue to maintain through the provision of this Agreement adequate liability insurance covering damage in accordance with and appropriate to the nature and extent of its business activities, including but not limited to, damage to WPHercules facilities or clients thereof or theft, physical damage, business interruption, consequential loss or any other Internet and commercial liabilities that may be relevant from time to time to time.
  • The Customer acknowledges that the Internet is not guaranteed to be a complete secure medium for communications, and, whilst WPHercules has taken steps to safeguard the security of relevant information WPHercules cannot be held responsible for any damages the Customer may suffer as a result of a loss of confidentiality (or other effect on information or data) utilised on the Internet.
  • The Customer shall at its own expense apply for and possess and maintain any authorisation, license, registration and/or other permit which is required to enable it to conduct its respective business and to the use of the Services. The Customer is required to comply with any conditions contained within any license or agreement (in so far as any requirement does not conflict with this Agreement) and shall keep WPHercules fully indemnified in the event of non-compliance.
  • You, the Costumer, will receive passwords to be used when you log into your User Area, server and/or certain Services. You are solely responsible for all passwords. You must keep all passwords confidential and take security measures to prevent any person from gaining access to them.
  • Age: For using WPHercules services you must be at least eighteen (18) years old and able to enter into contracts. If you are using WPHercules as a company you must have permissions from the company to do it.
  • You, the Costumer, must provide true, complete, and up to date contact information.
  • By using WPHercules Services, you represent and warrant that you meet all the requirements listed above, and that you won’t use WPHercules in a way that violates any laws or regulations.

4.- General terms and conditions

  • WPHercules will adhere to all relevant Data Protection legislation in relation to personal details that the Customer may provide from time to time, and associated information will be managed according to WPHercules Privacy Policy. The Customer agrees that WPHercules is under no obligation to edit, review or otherwise modify any information provided by or behalf of the Customer.
  • WPHercules will provide internet connectivity for Services as agreed within the Service Order for the duration and under the terms of this Agreement.
  • WPHercules will provide technical support services as defined herein or within any Service Order for Services of the Customer.
  • Certain aspects of the Services will only be licensed to you. These aspects may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, this license will end.
  • Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during your current Term and may not be transferred to other Costumer or to third-parties. Upon Termination of your Agreement such Service(s) will also be terminated.
  • The proprietary and third-party software we offer as part of the Service is provided as-is and is subject to all warranty disclaimers and limitations of liability set out herein. This software may have terms and conditions that are in addition to those set out in this TOS. You must agree to those terms to use the software. If you fail to do so, your ability to use the Service may be affected. WPHercules do not endorse any software made available, and the client holds WPHercules harmless for its use and applicability.
  • To the maximum extent applicable under national law and without affecting your rights as a consumer, the Services are provided on as-is basis. The hardware configurations may vary. WPHercules may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server or modify certain software configurations when deemed necessary by WPHercules. These differing configurations may result in slightly different performance from the Services.
  • WPHercules reserves the right to sub-contract any of the work required to fulfill the Services and to assign this TOS.
  • Both the Costumer and WPHercules undertake not to disclose to a third party any confidential information which you or WPHercules receive relating to the contents or performance of this TOS, unless necessary for a party to perform their obligations under this TOS, the Services or the other party’s business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other party, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorized disclosure by any person. WPHercules shall be entitled to mention your name as a client of WPHercules and the name(s) of the Services which WPHercules provides to you with your prior consent.
  • Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.
  • Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than ten days from the beginning of the event.

5.- Payments

5.1.- Payments General Terms

  • You are responsible for the payment of the fee(s) set out on the Order, in the currency specified on the Order (Fees), inclusive of any variation and additions from time to time as notified to the Customer in processing and in relation to the provision of Services.
  • You agree to pay the Fees beginning on the Effective Date and according to the payment terms set out in the Order. If no payment terms are specified, Fees shall be due in full in advance, except for usage or overage fees which are invoiced monthly in arrears.
  • All charges issued to the Customer are UK Value Added Tax exempt HMRC Reference Notice 700/1 (Apr 2010) and 700/11 (Apr 2013). Any applicable overages, taxes, or transfer fees will be added to the Fees.
  • The current fee(s) and payment method(s) are listed on our website. Unless a specific agreement for use of the Service(s) exists between WPHercules and you, you acknowledge and agree to pay the fee for the respective Service(s) indicated on our website at the time you submit your Order.
  • WPHercules reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal.
  • In certain cases, the issuer of your payment method may charge you a foreign transaction fee or other fees, which may be added to the final amount that appears on your bank statement or posted as a separate charge. WPHercules has no control over such fees.
  • In the course of the order process, in case of payment by card, you will be asked to provide your card information, which will be verified. By submitting an Order you authorize WPHercules to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to WPHercules, we will not be liable for non-provisioning the Service(s).
  • WPHercules reserve the right to charge to the Customer any charges to include but not limited to sales tax, excise and ad valorem, gross receipts or any other tax or fees howsoever imposed, directly or indirectly, by any government authority agency or recognised institution, body or corporation with respect to associated services.
  • You acknowledge and agree that your payment details shall be stored by our payment providers to process payment for any WPHercules Service(s) you purchase or renew.
  • Our obligation to provide the Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees.
  • You confirm that any payment method you use and/or add on file is yours or that you have been specifically authorised by the owner of the card to use it for the purchase.
  • You are responsible for keeping at least one active payment method on file and ensure the Fees are paid by the due date. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. You can manage your payment method(s) in the WPHercules User Area.
  • WPHercules may suspend, interrupt, or terminate Services on any account (or related account) that is overdue for payment, howsoever occurring. Activation will only be undertaken during Normal Office Hours (9:00 to 17:00 Monday to Friday), unless otherwise agreed in Writing by WPHercules.
  • In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file.
  • If you are overdue on any Fees, we may:
    • (i) charge a late fee on the unpaid balance at the lesser of 1.5% per month or the maximum lawful rate permitted by applicable law,
    • (ii) suspend provision of the Services, and/or
    • (iii) terminate your Services and pursue the collection costs incurred by WPHercules, including without limitation, any court and legal fees and WPHercules’s reasonable attorneys’ fees. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).
  • If the Order sets any limit on your use of Services (such as space on disk or any other limitation) and that limit is exceeded, you will be responsible for the applicable overages. Please see the section upgrades/downgrades of your services to learn more about this process.
  • Refund requests are processed as set out in our Money Back Policy. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. WPHercules is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.

5.2.- Invoicing

  • You agree to the issue and acceptance of invoices in electronic format. We will invoice you immediately upon execution of the Order and on each renewal date thereafter. Invoices will be sent to the billing contact you designate in the Order or the User Portal.
  • Invoices are due immediately upon receipt. WPHercules reserves the right to suspend and/ or terminate the Services until payment is made.
  • Should the Services be suspended due to your fault for any reason, Fees will continue to accrue until the termination or expiry of the term of this Agreement.
  • If you believe there is an error on your invoice, you must immediately contact us in writing (or by email). We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company and initiate a “chargeback” based on this dispute, we may suspend the Service(s) until the dispute is resolved. To reactivate your Service(s), you must first pay all outstanding Fees.
  • The Customer agrees to hereby notify WPHercules in writing to help@wpherc.com of any disputed Charges within 30 (THIRTY) days of the billing date for such Charges. In the event the Customer fails to dispute the invoice within the respective time period, the Customer has waived any right to dispute any amounts either directly or indirectly.

5.3.- Automatic Renewal

  • All of our subscription based Services are by default set to renew automatically. You can adjust the renewal settings and/or renew Services manually from the WPHercules User Area at any time before a Service is terminated.
  • The subscription services include but are not limited to maintenance, security, hosting, consulting, online marketing, etc.
  • You may terminate the Services at any time notifying it 30 days before the next payment, this is the required time to process the cancellation of the next payment. Please refer to the Termination section for more information about cancellations.
  • We will attempt to renew Services for which automatic renewal is enabled and charge the then current Renewal fee(s).
  • If we cannot process a renewal at the scheduled date, we may make additional attempts to charge your payment method(s) until you renew the Service(s) or terminate the Agreement. We will always charge for renewal the primary payment method on file first. Should the primary payment method fail, we will retry billing any other payment methods on file in the order listed in your User Area. We are not responsible for the operation of the Service(s), if Services are suspended/terminated because your payment methods have expired or are no longer valid for any reason.
  • You acknowledge and agree that even if a Service is set to renew automatically and/or you have an active payment method on file, we might not be able to renew the Services. It is your responsibility to ensure that you have paid the fees and a renewal has been processed.
  • You acknowledge and agree the Service(s) shall be terminated upon expiry of the term, unless you activate the automatic renewal option or manually renew the term of the Service(s). You agree that WPHercules shall not bear any responsibility and liability for any damages whatsoever including, but not limited to, damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party, if we are unable to charge your payment method on file or you fail to renew the Services manually.

5.4.- Money Back Policy

  • Fees are payable in the currency specified in the Order and are not refundable except as expressly stated herein.
  • If you no longer need a Service you have purchased or are unsatisfied with its performance, you can cancel it at any time. Please send cancellation requests using our support system.
  • Our Money Back Policy covers initial Orders for any subscription services. For the initial period after an account is activated we will issue a full refund for Services cancelled within 30 days from activation.
  • For annual renewal fees we will issue a full refund, if cancellation is requested within 15 days from the date on which we receive payment for renewal and the renewal Term has not started. If the annual renewal Term has already started, we will refund the renewal fees less the fees due for the first month of the renewal Term. Refunds are processed within ten (10) business days after a Service is cancelled.
  • Services that are tailor-made to you, are not covered by our Money Back Policy. These include, but are not limited to paid support services, including extra backup Creation, setup plugins, design services, content modifications, development services, any other tailor made service and third-party Services.
  • To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Money Back Policy is your sole and exclusive remedy should you decide to withdraw from this Agreement.

5.5.- Upgrade of Services

  • You can choose to upgrade or downgrade the Maintenance and Hosting Services at any time.
  • The facilities and services provided within the Services will be defined by the description of services applied for by the Customer on WPHercules Service Order and other relevant documentation at the time of application, including but not limited to any specification of equipment, storage space and data transfer. In the event that the Customer limits of the order are exceeded it may be necessary for the Customer to upgrade the service or purchase additional storage and/or data transfer as required.
  • We will notify you when this is required and you will have 30 days to make the upgrade into the new plan. If you do not reply when the 30 days from our notification has been sent, and you do not upgrade to the plan required, WPHercules may suspend, interrupt, or terminate Services on your account until the website comply with the limits of its plan or is upgraded to the Plan that is recommended for the website.
  • All available Upgrade options are listed in our pricing page and may be available from your User Area.
  • All upgrades are subject to the fees set out on the respective Product Pages (Upgrade Fee). Upon upgrade to a better plan, the Upgrade Fee covers the difference in fees between the two plans. Upon upgrade to a better plan or Service you will have to select a new Term and any pre-paid amounts remaining from your previous Service will be prorated and added as credit into your account.

5.6.- Downgrade of Services

  • You can choose to downgrade your Service(s) only if:
    • your Service was not previously upgraded from that plan because it had exceeded the parameters of that plan; and
    • your Content does not require Server setup different from the standard Server setup. Different Server setup includes, but is not limited to, space size, Memory RAM, CPUs, or the installation of special modules or services on the server which are different from the default parameters.
  • You can request a downgrade through our Support System . We may refuse to process your request if your account does not meet the conditions for a downgrade or if in our reasonable opinion the new plan is not suitable for your website.
  • When you get a downgrade approved, any additional or free Services that are not included in or are not compatible with the new plan will be terminated.
  • Upon downgrade we will prorate the difference in Fees between the two plans for any full months remaining from your Term, and will apply that as extra time to your new plan. If no full months remain, your Service will keep its current Term.

6. Termination of the Agreement

  • The Customer shall furnish on WPHercules Written notice of intention to cancel within the respective notification period.
  • There is no applicable Minimum Contract Period on the services provided by WPHercules.
  • The Customer is solely responsible for properly cancelling your account.
  • You may terminate the Services at any time notifying it 30 days before the next payment, this is the required time to process the cancellation of the next payment.
  • If you want to cancel a 12 month service subscription contract, we will cancel your account 30 days from the receipt to your written notification and we will refund the prorated amount of the remainder of your contract from that date (30 days after the receipt of the written notification).
  • WPHercules reserve the right to cancel this Agreement (or any other with the Customer) for any reason and at any time by the provision of 30 days written notice, unless otherwise stated within the Agreement. Written notice will be furnished to the Customer at their specified email address. Any outstanding fees which are paid in advance of cancellation will be pro-rated and refunded by WPHercules if WPHercules execute their right of cancellation and the Customer is not in violation of any Agreement with WPHercules.
  • WPHercules reserves the right and without liability to immediately and devoid of notice suspend or otherwise terminate any Service for any material breach (or perceived breach) or repeated breach of the Agreement, or to safeguard the interests of WPHercules against the actions of the Customer howsoever occurring.
  • WPHercules reserve the right to issue 14 (FOURTEEN) days notice to the Customer to request compliance with any breach or activity which may cause in WPHercules sole opinion damage to itself or others. WPHercules reserve the right to investigate a breach and undertake whatever action necessary to resolve all matters. WPHercules reserve the right to charge all associated costs and professional fees to the Customer howsoever incurred in relation to any investigation and consequential action stemming from this Agreement, regardless of its nature.
  • WPHercules may terminate this agreement in the event the Customer shall be unable to pay its debts or enters into voluntary or compulsory liquidation or in the event that any manager or administrator be appointed to administer the Customers affairs or for any other reason under which WPHercules may deem the Customer unable to pay any debts or future liabilities which may be payable under this Agreement.

7.- Indemnification and Warranties

  • The Customer agrees hereby to notify WPHercules in the receipt of any third party claim or legal action arising out of or relating to this Agreement or the provision of Services by WPHercules.
  • The Customer agrees and warrants that it shall indemnify WPHercules and keep fully indemnified from and against all liability, claims, costs, losses, loss of profits, expenses, business interruption and other pecuniary or consequent loss to include all legal costs and expenses incurred by WPHercules as a direct or indirect result of:-
    • (i) Any breach by the Customer of any of the provisions of this Agreement (or related agreement) or of any law, code or regulation thereto and/or to the Internet or Services or any application thereto;
    • (ii) Access to and/or use of the Service by the Customer or others;
    • (iii) All information, data or material stored, processed, produced, transmitted or downloaded by the Customer or others.
    • (iv) Any breach of intellectual property or copyright or similar infringement of third party rights.
  • WPHercules reserve the right, but not the obligation, to take control of and conduct any litigation to which it may be subject to directly or indirectly by virtue of the Agreement. The Customer hereby acknowledges and agrees not to make any statement in relation to WPHercules and/or its Services, nor any other related information, nor undertake any action or omission which may prejudice WPHercules, without prior written approval from a director of WPHercules.
  • All associated rights under the Agreement for the Customers Indemnity and obligations to WPHercules shall continue perpetually after the termination of this Agreement for any services provided by WPHercules to the Customer in connection with this Agreement.

8.- Limitation of liability

  • Except as expressly stated within this Agreement, WPHercules specifically disclaims all implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials provided by WPHercules or information available from WPHercules Website shall be for information purposes only, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guarantee of performance or contractual obligation.
  • WPHercules entire liability under this contract to the Customer (either directly or as any third party defendant in any action proceeding or otherwise) for any claim arising out of this Agreement or Services and the provision thereof shall be limited to the amount of fees so paid to WPHercules by the Customer under the Agreement within one year proceeding when any valid claim arose.
  • In no event shall WPHercules be liable in Contract, Tort (including negligence or breach of statutory or related duty) or otherwise howsoever and regardless of the cause to include but not be limited to:
    • (i) Any changes to WPHercules operations, procedures, products or other services which render obsolete or require modification or alternation to any of the Customers hardware or software;
    • (ii) Increased costs or expenses;
    • (iii) Any error or interruption to Services;
    • (iv) Any claim that a domain name, Website content or other information utilised in the Services by the Customer as may be provided by WPHercules infringe any Intellectual Property Rights;
    • (v) Loss of any profits, contracts, business opportunities, revenues or related savings;
    • (vi) The consequence of any failed or unsuccessful domain name, registration or renewal, email communication or related information or data transfer; or
    • (vii) Any failure of any Service, email, non-receipt and mis-routing of communications.
  • The Customer acknowledges that the provisions of this clause satisfy the requirements of reasonableness specified in the Unfair Contract Term Act 1977 and that it shall be estopped from claiming to the contrary at any future date in the event of any dispute with WPHercules concerning WPHercules liability. In the event that the Customer is an individual as defined under Consumer Transactions (Restrictions on Statements) Order 1976, the statutory rights of the Customer are not affected by this provision.
  • WPHercules will provide any Service to the Customer with reasonable skill and care.

9.- Relationships and Assignments

  • The Customer acknowledges that there is no contract between WPHercules and any customers or agents of the Customer as a result of this Agreement and the use of WPHercules Services. The Customer agrees to indemnify and hold harmless WPHercules for any claim sought by any agents or customers of the Customer against WPHercules howsoever arising.
  • This Agreement does not create nor shall it be deemed to construe any partnership, joint understanding or any other joint venture between the Customer and WPHercules. The Customer has no authority, express or implied to hold itself out as an agent or otherwise servant of WPHercules or to make any representations or similar activity on the behalf of WPHercules.
  • WPHercules deem this contract as personal with the Customer, and the Customers rights may not be assigned, sub-licensed or transferred in any manner without the Written agreement of WPHercules.
  • WPHercules shall be entitled to transfer this Agreement in addition to all rights and liabilities or any parts thereof arising out of such and without limitation.
  • This section will be overseeded in case of a Partner Agreement between the two parts. This TOS will apply to the partner and only the terms and conditions specified on the Partner Agreement will override the ones on this document.

10.- Governing Law and Jurisdiction

  • This Agreement is made under the laws of England and Wales and the Customer hereby unequivocally accepts and consents to the exclusive jurisdiction of the courts of England and Wales.
  • No waiver by WPHercules of any breach of the Agreement by WPHercules shall be considered as a waiver of any subsequent breach of the same or any other provision.
  • If any terms of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.

11.- Ownership and contact

  • WPHercules is the trading name of Ángel Fernández Plaza.
  • wpherc.com is owned by Ángel Fernández Plaza (“WPHercules” “we,” or “us”).
  • wpherc.es is owned by Ángel Fernández Plaza (“WPHercules” “we,” or “us”).
  • Angel Fernández Plaza is a sole trader located on London, UK.
  • WPHercules has independent contractors, and representatives (“our Team”).

Contact details:

Email: info@wpherc.com
Skype: WPHercules
Phone (UK): +44 – 7561 – 089 – 043
Twitter: @wphercules

Address:

Arthur Road
St Albans AL1 4SZ
United Kingdom


SCHEDULE I:
WordPress Maintenance, Web Hosting and Related Services Terms and Conditions

1.- General

  • WPHercules will provide monthly services of Maintenance, Web-Hosting, Backups, Updates, Security, Consulting, Online Marketing and other related Services pursuant to this Schedule and WPHercules Standard Terms and Conditions.

2.- Licenses and Intellectual Property

  • Upon WPHercules accepting the Customer’s application to subscribe to the Maintenance Services, Hosting Services and other related services, WPHercules hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, during the term of this Agreement, to use the WPHercules technology solely for the purpose of using the Services. The Customer shall have no right to use WPHercules technology for any purpose other than using the Services. Except for the rights expressly granted above, this Agreement does not transfer from WPHercules to the Customer any WPHercules technology, and all rights, titles and interests in and to the WPHercules technology shall remain solely with WPHercules.
  • WPHercules’s trademarks, names, service marks, logos and other related material and proprietary marks, and information are the sole and exclusive property of WPHercules. The Customer hereby acknowledges and warrants that it is not authorised and shall not use any of the foregoing in any advertising publicity or in any other commercial manner without the express Written consent of WPHercules.
  • Some of the WPHercules or third party software used by WPHercules will be licensed under the GPLv2. The software licensed under GPLv2 will have the license document on its folder. You can learn more about the license and your rights and obligations here: https://tldrlegal.com/license/gnu-general-public-license-v2.

3.- Conditions of Service

  • The facilities and services provided within the Services will be defined by the description of services applied for by the Customer on WPHercules Service Order and other relevant documentation at the time of application, including but not limited to any specification of equipment, storage space and data transfer. In the event that the Customer limits of the order are exceeded it may be necessary for the Customer to upgrade the service or purchase additional storage and/or data transfer as required.
  • WPHercules will endeavour to maintain a minimum level of security, however the Customer warrants and acknowledges that WPHercules is under no obligation to do so and therefore cannot provide any guarantee regarding the security of material hosted on the WPHercules Server or other Customer Server.
  • WPHercules reserve the right to suspend any Service without limitation for repair, improved maintenance and other such circumstances as WPHercules may notify the Customer. WPHercules will endeavour to contact the Customer wherever possible to limit the time required to a minimum.
  • The Customer acknowledges that whilst WPHercules will use all reasonable endeavours in the provision of any associated Services, WPHercules does not warrant nor guarantee that the provision of Services will be error-free and/or not interrupted.
  • In respect of the above clauses WPHercules has furnished notice and the Customer hereby accepts unconditionally that Services are not intended to be used in circumstances where fail-safe performance and operations may be or are required.
  • WPHercules reserves the right to suspend or otherwise modify any Services if the Customer’s continued use of the Services is established at WPHercules entire discretion to be in conflict or otherwise detrimental to WPHercules or to the running of any WPHercules server or technology or to the use of the Services by any other WPHercules customer.
  • WPHercules reserves the right to terminate this agreement for the provision of Services at any time, and will furnish to the Customer 14 (FOURTEEN) days notice unless otherwise specified. Upon the provision of 14 (FOURTEEN) days notice and the Customer not being in default of this Agreement, WPHercules will refund to the Customer any Charges which the Customer may have paid for any respective period for which Services has been deemed cancelled.
  • THE CUSTOMER IS HEREBY GIVEN NOTICE THAT WPHercules reserve the right but not the obligation to monitor the Customer Website, Server and WPHercules technology for the Customers use thereof and WPHercules shall at its sole discretion be entitled at all material times and without notice to refuse to host any material and/or to suspend availability to the Customers Website or Server or other Hosting Services and to remove any material which in WPHercules sole discretion is in breach of any of the conditions contained herein and specifically detailed under Customers Obligations.
  • WPHercules at its sole discretion may inform the Customer as soon as is reasonably practical should they propose or have to enforce its obligations herein.
  • WPHercules rights and obligations to suspend availability to the Customer Website pursuant to this Agreement, is without prejudice to the Customers sole responsibility for the content of the Customer Website or use of other Hosting Services and to the Customers obligations hereunder.
  • The Customer warrants that the hosting of any Website, content, or utilisation of associated Services does not amount to the approval of the Customer Website, associated material, email or the Customers Server or WPHercules Server and shall not under any obligations constitute any form of waiver of any of WPHercules rights or Customers rights or obligations under this Agreement.

4.- Customer Obligations for Hosting and Internet Services

  • The general terms and conditions of this TOS apply to this Services too.
  • The Customer shall warrant and obtain all necessary licenses and consents in respect of any material posted to or retained on the Customers Website, Server or Customer Server prior to the procurement and posting of such material. This include the licenses for any plugin and themes that the Customer is using and that allow WPHercules to update them.
  • The Customer shall undertake not to post or retain any material on the Customers Website, Email Account, Server or Customer Server which is offensive, abusive, indecent, defamatory, obscene, menacing, in breach of confidence, and/or infringes the Intellectual Property Rights of any third party or contain a virus or other hostile code or constitute, procure or encourage a criminal offence.
  • We are pleased to provide you with Daily Backup and Backup Restore Services. As part of our Daily Backup services we keep a limited number of backup copies of your account as set out on the respective Product Page and Order.
  • Backups are made on a different server to the one that contains the website.
  • We will use good faith efforts to backup data stored on the Services at least once a day (Backups).
  • Daily backups will be made anytime between 00:00 and 6:00 London time. This can change anytime without notification. The date can be different for each website.
  • We may suspend the Daily Backup Service for your account or refuse to restore your data, if in our reasonable opinion such backup will result in a security risk or will alter the performance of our Server to the detriment of other customer.
  • To the maximum extent applicable under national law and without affecting your rights as a consumer, our Backup Services are provided as-is and are subject to all limitations of liability set out in this TOS.
  • You agree that you will maintain your own set of backups independent of those we maintain. In the event that you are not satisfied with the outcome of any Backup Restore, it shall be your obligation to restore your files and data from your own backup.
  • If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use.
  • We may determine that certain file extensions or custom files are not suitable for backup and exclude them from the backup. WPHercules will backup all files required to the web execution.
  • Files with incorrect names or codification could not be suitable for backups. For example, names with “ñ” or other symbols. WPHercules is not responsible of losing data or files without a proper names if they are not compatible with the backups services.
  • WPHercules will use reasonable efforts to backup data as defined by the service description on WPHercules website (or as otherwise agreed in writing between WPHercules and the Customer). WPHercules shall not be responsible nor be liable for any loss, damage, costs or expenses or other claims howsoever arising for compensation for any data, file or other material being damaged, corrupted, lost or otherwise affected.

6.- Specific WordPress Updates Services

6.1.- WordPress Updates General Terms

  • WPHercules will use reasonable efforts to update your WordPress code, Plugins and Themes for you.
  • We occasionally make mistakes. The Service is not automated, but performed by human technicians.
  • To the maximum extent applicable under national law and without affecting your rights as a consumer, our Updates Services are provided as-is and are subject to all limitations of liability set out in this TOS.
  • The Monthly Updates will be done once a month. WPHercules reserve the right to delay any updates without notification or explanation to their clients.
  • We will notify the Customer via Email 48 hours before of the Monthly Updates. Upon receive of the Monthly Update notification, the Customer can ask for a delay on the updates for that specific month. WPHercules reserve the right to accept that delay or ignore it. No reply is required from the Customer to proceed with the Monthly Updates.
  • For WordPress minor core updates we will wait at least 15 days to make sure everything is compatible.
  • For WordPress major core updates, we will decide and delay the update until we consider that is safe to do so. This decision can change from one client to another.
  • For plugins updates and themes we will update when we consider that is safe to do it.
  • For security updates, no matter if is core, a plugin or a theme, we update everything instantly without notifications.
  • WPHercules will use reasonable efforts to test that the website is not affected by the update. If we detect a problem with the update, we will proceed to restore the latest backup available.
  • You agree that you will check your website after each update. In the event that you are not satisfied with the outcome of any Update, it shall be your obligation to notify us within 48 hours after the update and we will restore your website to the backup of your choice for free.
  • The Customer shall provide all the tools needed to automatically update the plugins. If a plugin cannot be updated automatically and needs to be updated manually, it will be charged at our normal hourly rate fee. We will notify you in the case that your plugins cannot be updated automatically, before charging you any extra fees.

6.2.- WordPress Premium Updates

  • If the Customer plan includes Premium Updates. The updates will be tested on a Staging copy of the website before to deploy them on the live site.
  • A Backup will created before and after the Monthly Premium Updates. As any other Backups, WPHercules shall not be responsible nor be liable for any loss, damage, costs or expenses or other claims howsoever arising for compensation for any data, file or other material being damaged, corrupted, lost or otherwise affected. Please review the Backups Section to know more about backups.
  • WPHercules will use reasonable efforts to test that the website is not affected by the update.If we do not detect any problems during the Staging Update, we will proceed to update your live site.
  • The Customer will be notified after the updates.
  • You agree that you will check your website after each update. In the event that you are not satisfied with the outcome of any Update, it shall be your obligation to notify us within 48 hours after the update and we will restore your website to the backup of your choice for free.
  • If we detect a problem with the update on the staging site, we will notify the Client and the update will be delayed.
  • An update cannot be delayed if it is a security update, even if it affects the website.
  • No update shall be delayed more than 3 months (90 days) without our written confirmation. If the clients refuses to fix the issue that prevents the update we may refuse to provide our Services and cancel the agreement.

6.3.- Security Updates

  • In case of a security update, WPHercules will update automatically the plugins or themes to the latest version available that corrects the issue. This may be done without the use of Premium Updates if needed.
  • If there is no updated version available or the user does not have provided the license to update it, we will notify the user and deactivate and/or remove the insecure plugin or theme. WPHercules shall at its sole discretion be entitled at all material times and without notice to refuse to host any material and/or to suspend availability to the Customers Website or Server or other Hosting Services and to remove any material which in WPHercules sole discretion is in breach of any of the conditions contained herein.

7.- Third Party or Client Page Modification:

  • You acknowledge that you or your staff have access to independently edit or update web pages within the WordPress platform.
  • You also acknowledge that anyone other than WPHercules or its subcontractors who attempt to update the website and damages the design or impairs the ability for the web pages to display or function properly, may result in time to repair the web pages in order to restore the website. In this event, we will try to restore the website to the latest backup available.
  • If a restoration is not possible or if WPHercules decides not to use it for any reasons, damages will be assessed and a estimate on the cost will be provided for approval. Work to repair the website from third-party modifications is outside of the support time and scope of the ongoing WordPress Maintenance Services.

8.- Specific Migration Services

  • You agree to give us access to your account with the previous host, so we can create a backup copy, transfer your website(s) and make all configurations necessary for your website to work on our Servers. If we are not able to create a backup copy for reasons outside our control, you agree to make one available for us.
  • We may refuse to transfer your website(s), if your website(s) require configuration that is not compatible with our Servers or if in our reasonable opinion such transfer will require more resources than website transfers for similarly situated customers. In case we cannot transfer your website(s), any website transfer fees will be refunded.
  • The data to be transferred must be within the limits defined on the Order and Plan selected.

9.- Support

  • Our technical support is available for all current customers and is provided on an as-is, as available basis. To the maximum extent applicable under national law and without affecting your rights as a consumer, all support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in this TOS.
  • WPHercules offer 3 levels of support that will apply depending on the Order, Plan or Service level you have contracted.
  • Support Levels are defined on the Order or the Services page on our website.
  • Support is only available from 10:00 to 18:00 Coordinated Universal Time (UTC) and always on labour days on London, UK. We only offer email support via Tickets.
  • If your request for technical support exceeds that of similarly situated customers or is within the scope of our paid support and development services, we may charge you additional support fees. We will inform you, and receive your consent, prior to charging you for technical support.
  • If you request technical support, you agree that we may have full access to all aspects of the Services accessible to us based on your request. You are solely responsible for any changes you make to your account after we complete your request.
  • While we will use reasonable efforts to provide technical support to you and to perform any work you request in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again.
  • We retain the right to refuse to provide technical support to you if you are verbally abusive to our employees or contractors.
  • We may refuse to perform any request that requires changes not compatible with the Services or is not related to them or might create a security risk or endanger their performance.
  • It is your obligation to perform and store a backup of your data and files prior to requesting technical support. In the event that you are not satisfied with the outcome of any technical support, it is your obligation to restore your files and data from your own backup. We will make our own backups copies but the client is the latest responsible of his data and we cannot ensure that our copy will be what the client is expecting.

10.- Email Services

  • WPHercules do not provide email services.

11.- Service Level Agreement (SLA)

  • WPHercules guarantee a 99.9% availability. This does not include hardware failures. Should we fail to meet this level of availability the following levels of service credit are applicable.
  • SLA credit is only issued in the form of direct service credit, no cash or refund is payable. SLA credit requests must be claimed within 30 days of the affected calendar month end; requests are void 30 days after the month end.
Uptime Service Credit
99.90% thru 98.01% 50% monthly fee
98.00% or lower 100% monthly fee

Excused Downtime

  • The following events do not count towards our calculation of uptime:
    • Scheduled maintenance;
    • Emergency maintenance, hardware and software failure remedied under 1 hour;
    • Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
    • Downtime caused by you, your own configuration, or third-party applications you use;
    • Downtime caused when you reach the maximum resources allocation for your plan;
    • Downtime caused because you have violated this TOS;
    • Downtime during work on your technical support request(s); or
    • Force majeure.

12.- Termination

  • The Termination Section on the General Terms & Conditions apply to these services.
  • If you cancel a Maintenance Service or any service that include a Hosting Service Plan we will provide you with the following at no charge:
    • A full backup of your website and its databases(s)
    • All relevant administration and login credentials
    • Details of any premium plugins we used that are licensed to WPHercules’s that will be de-licensed on cancellation. If you are migrating to another hosting vendor, you will then need to re-license those plugins under your own company at your own cost in order for them to continue to operate as designed, and be supported by the plugin’s vendor.
  • We will keep the backup copy for 7 days after cancelling your account.
  • If the client is ending a hosting service, he will need to provide another hosting before the end of the period to avoid any downtime to the website. The migration to another hosting at the end of the contract is not included and shall be quoted as a separate service.

13.- Right to Refuse Service

  • WPHercules reserves the right to refuse to do business with you. We have the right to terminate your services and give you any applicable refunds, at any time and for any reason. This may occur if we determine that your web site or product or IT resources or IT needs require an extraordinary amount of effort on our part, your plugins or themes cannot be updated, or if you are not providing the licenses to update. We will try to negotiate a more suitable compensation arrangement before we terminate our relationship and services. Unless otherwise detailed herein, WPHercules will provide 30 (THIRTY) days written notice of termination

SCHEDULE III
WPHercules Acceptable Use Policy

You can find the WPHercules Acceptable Use Policy on this link:

Acceptable Use Policy


SCHEDULE IV:
WPHercules Privacy Policy

You can find the WPHercules Privacy Policy on this link:

Privacy Policy


SCHEDULE V:
WPHercules Affiliate Agreement

You can find the WPHercules Affiliate Agreement on this link:

Affiliates Agreement