Terms of Service

Updated 04/09/2017

The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to all services provided by WPHercules(“WPHercules,” “we,” “us,” or “our”) to you. 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, Service Level Agreement (SLA), Money Back Guarantee, Renewal Policy, Fair Use Policy, Acceptable Use Policy (AUP), and our 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’s website.
  • We may alter this TOS at any time with notification to you by email and by posting a notice in your User Area. If you do not agree to any changes, you must terminate your Services within ten business days of the date of the change.
  • 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.

2.- Client Obligations

You, the client must:

  • You will conform to the standards and acceptable use policies of WPHercules which are set out in our AUP.
  • You are responsible for obtaining any licenses or permissions from any third party which are required to upload content to the Services.
  • You 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 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.

3.- GENERAL TERMS AND CONDITIONS

  • Your personal information is treated in accordance with our Privacy Policy.
  • 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.
  • 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.
  • 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.
  • We will use good faith efforts to backup data stored on the shared Services once a day (Backups). To the maximum extent applicable under national law and without affecting your rights as a consumer, the Backup services are provided on as-is basis.
  • Tomaremos medidas de buena fe para hacer copias de seguridad de datos almacenados en los servicios compartidos una vez al día. Hasta el alcance máximo permitido por la legislación nacional y sin perjuicio de tus derechos como consumidor, los servicios de copia de seguridad se prestan “tal y como son”.
  • 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 loosing data or files without a proper names if they are not compatible with the backups services.
  • 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 reserves the right to sub-contract any of the work required to fulfill the Services and to assign this TOS.
  • Both you 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.

4.- PAYMENTS AND INVOICING

  • All prices on invoices are in Euros € or Pounds.
  • WPHercules does not store the card information of the clients on their personal servers.
  • All prices are VAT exempt due to be located in the UK. HMRC Reference Notice 700/1 (Apr 2010) and 700/11 (Apr 2013).
  • Invoices are due immediately upon receipt (Due Date).Las facturas vencerán de inmediato, en el momento de su recepción (Fecha de vencimiento).
  • WPHercules reserves the right to suspend the Services until payment is made.
  • Accepting this TOS, you authorize WPHercules to send you the invoices electronically by email to the email address on your invoice or User panel.
  • WPHercules provides one-time-fee services, such as development, design, analysis, review, consulting, marketing, etc.
  • WPHercules also provides periodic services, such us maintenance, security, hosting, consulting, online marketing and others. The payment for these services is made by subscription.

4.1.- Invoices and estimates

  • The date you accept the invoice or estimate is the date that marks the start of the works or services.
  • You must be over the age of eighteen at the time you accept a service or an estimate.
  • We are under no obligation to deliver any Services other than those identified in the Invoice or estimate.
  • You shall provide to WPHercules, at your cost, any information, resources or facilities reasonably requested by WPHercules for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with WPHercules.
  • Any instructions supplied by you to WPHercules must be complete, accurate and clearly legible. We reserve the right to charge for any costs and any additional work incurred by WPHercules due to any failure by you to comply with this paragraph and shall not be liable for any errors caused by such failure.

4.2.- Payment services fees

  • The client must pay 40% of the total invoice to accept the service and the 60% at the end of the works or the finalizing of the service or product contracted.
  • One time payments could be done by credit card (online payment for any currency) or by bank transfer to the account shown on the invoice or estimate provided.

4.2.- Payment of subscription services

  • The monthly services will be paid in advance by credit card.
  • All Services are set to renew automatically.
  • Payments will be proceed the same day each month.
  • There is no time of compulsory permanence on the services provided by WPHercules.
  • No hay plazo de permanencia asociado a los servicios mensuales de mantenimiento y hosting de WordPress.
  • You may terminate the Services at any time notifying it 15 days before the next payment, this is the required time to process the cancellation of the next payment.
  • The services will be active until the end of the period.
  • 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.
  • If we cannot process a renewal charge at the scheduled date, we will make additional attempts to charge your payment method(s) until you renew or terminate the Services.

5.- Deadlines

  • All invoices include an estimate of the deadlines to follow.
  • Any specific deadline on a invoice is valid and supersede the deadlines on this TOS.

5.1.- Plazos Servicios puntuales

  • Deadlines start after the client accept the invoice and provide all the data needed to start the service. These information changes with different projects. The client will be notified when hi accept the invoice with any data that needs to provide to WPHercules.
  • These deadlines will always depend on the client speed to answer and provide any information required for the project, for example texts, multimedia files or contents that the client needs to provide.

5.2.- Deadlines for subscriptions.

  • Deadlines will start once the first period has been paid.

6.- Validity of invoices and estimates.

  • Specific terms and invoices have a validity period of 15 natural days from the document generation date.
  • Estimates and invoices are made with the data offered by the client. If when the service starts, the data was not correct, the estimate and invoice will be consider invalid. WPHercules will be able to charge a fee for the time used on the project using false data.
  • If when checking the website for security or malware, WPHercules finds any issues with the website code that change or prevent to provide the services contracted, the client will be informed and WPHercules will wait until the problem is solved to continue with the services contracted. If the issue is not fixed, the invoice and estimate will be considered invalid.
  • Si al realizar alguno de los test de Seguridad o de Malware se encontrara algún problema con la código de la web que impidiera realizar los trabajos contratados, se informará al cliente y se esperará hasta que el problema este solucionado para poder continuar los trabajos.
  • If there si any specific term on the invoice of any service or work contracted that clash with this TOS, the specific term on the invoice will be valid.

7.- Support

  • Our technical support is available for all current customers and is provided on an as-is, as available basis.
  • 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.
  • WPHercules offer 3 leves of support that will be apply depending on the product or service you have contracted.
  • Support is only available from 10:00 to 18:00 Coordinated Universal Time (UTC) and allways on labour days on London, UK. We only offer email support.
  • Si tú presentases una solicitud de soporte técnico que excediese las de clientes con características similares o que se incluyese en nuestros servicios de soporte técnico de otro nivel, podremos rechazar la consulta o cobrarte un coste adicional. Te informaremos y solicitaremos tu consentimiento antes de te cobrar por cualquier soporte técnico.
  • 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.
  • 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.
  • 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 your use of technical support exceeds that of similarly situated customers, or 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.

8.- WARRANTIES

You, the client, promise that:

  1. you have the experience and knowledge necessary to use the Services;
  2. you and your End Users understand and appreciate the risks inherent to you and your business that come from accessing the Internet;
  3. you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of them;
  4. you will not violate any applicable laws and/or regulations in your use of the Services;
  5. you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Services, or to any information transmitted by us through the Services;
  6. you will make backup copies of all information in a location independent of ours, and will not use Backup Services as your sole backup; and
  7. you will pass through the terms of this TOS, and any agreements incorporated by reference, to your End Users.

8.1.- General Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND WITHOUT AFFECTING YOUR RIGHTS AS A CONSUMER, WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE(S) IS PROVIDED AS-IS.

YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE(S) WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.

8.2.- One time service warranty

The client will have 7 days after a job has been completed to review everything.

Any defect or details found by the client that were on the original contract will be fixed.

On that period no more changes or modifications will be made to the websites.

WPHercules do not offer any refunds but if the final result is not what the client expect, please let us know and we will study your case to find a solution.

8.3.- Service Level Agreement (SLA)

WPHercules cannot guaranteed the access without any interruption to the services or webs due to multiples external and third party services.

As we are an intermediate for other hosting providers we cannot offer any SLA compensation.

We will try to ensure that the Services is provided and we will focus on provide the highest uptime we can, but it is not guaranteed.

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.

Some other third party infrastructure providers SLAs:

9.  LIMITATION OF LIABILITY

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE 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.

YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER AGREEMENT OR DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE THREE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND YOUR RIGHTS AS A CONSUMER.

10.- Ownership and contact

  • WPHercules is the trading name of Ángel Fernández Plaza.
  • wpherc.com 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:

41 Arthur Road

St Albans AL1 4SZ

United Kingdom

SECTIONS.- Specific terms for services

A.- Backups Services

  • 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.
  • Backups are made on a different server to the one that has the website.
  • Backups will be made anytime between 23:00 and 6:00 of the next thay morning, this can change from one day to another.
  • 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.

B.- Website Transfer 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 less than the permitted size of your Hosting Services.

C.- Maintenance and security services

  • During the whole duration of the maintenance services, the web will comply with the conditions and requirements of the selected plan (number of visits, web space, functionalitys or plugins, etc).
  • If the web data and situation changes, the maintenance services will need to be upgraded to a plan that comply with the new information, adjusting the services and pricing to the new plan.
  • This change will be notified with time to the client so we can make all the necesary changes without interrupting the web.