These terms and conditions (“Terms”) govern the use of managed website hosting services provided by Developa Digital, hereinafter referred to as the “Provider,” using its dedicated instance of WP Engine provided by WP Engine, hereinafter referred to as the “Hosting Provider.” By purchasing and using the hosting services, you agree to comply with and be bound by these Terms.
2. Hosting Services
The Provider agrees to provide website hosting services specifically designed for WordPress websites to the client (“Client”) as per the selected plan. The Hosting Provider is WP Engine, and the Client acknowledges and agrees to also abide by WP Engine’s terms of service as a part of these Terms.
3. Payment and Billing
3.1. The hosting services are billed on an annual basis, and payment is due upon subscription.
3.2. No prorata refunds will be issued if the client decides to cancel the hosting service before the end of the annual billing cycle.
3.3. The Provider reserves the right to modify the hosting fees upon providing the client with reasonable notice.
3.4. As each website has different features and can use different plugins, additional charges apply on a client by client basis for these each of the features or plugins to continue to operate. A client must pay these additional costs to remain upon the manage hosting services for these features and plugins. Failure to do so may expose the client to security risks, which the Provide relinquishes responsibility for.
4. Account Setup, Security and Data
4.1. The client is responsible for providing accurate and up-to-date information during the account setup process.
4.2. The client is responsible for maintaining the confidentiality of account login credentials for any websites hosted with the Provider.
4.3. The Provider reserves the right to suspend or terminate services if there is a breach of security, unauthorized access, or any suspicious activities related to the account.
4.4 Some plugins installed on a clients website might use 3rd party services to function, and as a result might mean data is transmitted from their website to a 3rd party and back again or beyond. The client understands the Provider is not responsible for any issues or data losses that may occur as a result of this. The client should refer to the plugin and 3rd party providers terms and conditions.
4.5 Some client websites might make use of APIs and integration layers/services to preform functions that extend the websites functionality. The client understands the Provider is not responsible for any issues or data losses that may occur as a result of using these integration layers/services. The client should refer to the integration layer/services terms and conditions.
5. Content and Usage Policies
5.1. The client is solely responsible for the content hosted on their WordPress website.
5.2. The client agrees not to use the hosting services for any unlawful or prohibited activities.
5.3. The Provider reserves the right to suspend or terminate services if the client violates any applicable laws or these Terms.
6. Service Level Agreement (SLA)
The Hosting Provider, WP Engine, has its own Service Level Agreement, which the client acknowledges and agrees to. The Provider is not responsible for any breaches of the SLA by WP Engine.
7. Automatic WordPress Plugin Updates with Issue Detection
7.1. The Hosting Provider employs a daily automated system to update WordPress plugins to ensure the latest features, security patches, and performance improvements.
7.2. The automated update system includes issue detection mechanisms to identify and address any potential conflicts or problems arising from plugin updates.
7.3. While every effort is made to ensure smooth updates, the Provider is not responsible for issues that may arise due to conflicts between updated plugins or between plugins and the WordPress core. There may also be some brief outages whilst updates occur.
7.4. The Provider is not responsible for plugins that are not security patched or maintained by their original developer.
8.1. The Provider will provide technical support related to the hosting service for WordPress websites.
8.2. Additional work beyond the scope of standard technical support, such as customisations, configurations, or other services not explicitly covered by the hosting plan, may be subject to additional charges. Any charges for such work will be communicated to the client in advance, and the client must provide explicit consent before the Provider proceeds with the additional work.
9.1. Either party may terminate this agreement by providing written notice to the other party.
9.2. In the event of termination, no refunds will be provided for the remaining period of the annual billing cycle or any costs for additional features and plugins.
9.3. A fee may be applied to provide a copy of the Clients website from the Provider or for the Provider to transfer the website to another hosting provider.
9.4. A Client will responsible for all costs associated for licensing of their website if they choose to move from the Provider.
10. Limitation of Liability
The Provider and WP Engine shall not be liable for any indirect, special, consequential, or incidental damages arising out of or related to the hosting services for WordPress websites.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Australia.
By purchasing and using the managed hosting services for WordPress websites, the client acknowledges that they have read, understood, and agreed to these Terms and the terms of service of WP Engine.
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