Terms of Service
Read the following carefully, as your use of our site and/or purchase or use of our product(s) and/or service(s) implies that you have read and accepted our Terms of Service. (We reserve the right to change or modify current Terms and Conditions with no prior notice.)
This site, verticalhosts.com, (hereafter referred to as “verticalhosts.com” or “Website”) is owned and operated by Vertical Hosts (hereinafter referred to as Vertical Hosts, we or Company). Please carefully read, review and be sure you understand our Terms and Conditions prior to downloading or using any of the materials, services or products from verticalhosts.com. You should carefully read all of our terms and conditions as your purchase or use of any Vertical Host Product(s) or service(s) and use of this Website and any materials, services or products available herein identifies that you agree to the following Terms and Conditions and that you agree to be bound by these terms and conditions accordingly. If you do not agree to these terms then you should leave this Website immediately, not use any of the materials or Products available herein, and/or not subscribe to this service.
1. LIMITATION OF LIABILITY
Under no circumstances shall Vertical Host be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Vertical Hosts or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
Our digital products or services are created for WordPress, an open source software released under the GNU public license http://www.gnu.org/licenses/gpl.html . Therefore, any part of our products which constitute a derivative work of WordPress are also licensed under the GPL 3.0.
2.a Duration of the license and renewal
Licenses are leased on a month to month basis. A valid and active license key is required in order to get updates and support for purchased extensions and themes. A valid Client Care Plan subscription is required in order to get said licenses. A cancellation of a valid Client Care Plan subscription is considered to be a termination of said lease and as such all leased license(s) will be removed at the end of the paid months term.
3. SUPPORT SERVICES
We provide support for all of our services and may, at our discretion, use a third party to assist in said support. Such third parties may provide support in part and/or whole for all support requests. As such all terms and conditions found within this also extends to said third parties.
Due to the nature of our services, no refunds will be granted once the payment has processed. We stand behind our products and services, and will assist you in solving any problem you have, but we also expect you to adequately understand what you are purchasing and why.
5. OWNERSHIP AND LIABILITY
You may not claim intellectual or exclusive ownership to any of our products or services, modified or unmodified. All products are property of Vertical Hosts unless otherwise stated. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
Our products are provided “as is” without warranty of any kind, either expressed or implied. We do not guarantee that our products or services will work in all browsers, nor do we guarantee that our products or services will be functional with all versions of WordPress. We do not guarantee compatibility with any third party plugins, scripts, or applications.
We strive to ensure all software, content, and all other aspects of your site are up to date. As such we cannot be responsible for anything that is not up to date regardless of the nature. You release us from any and all liability that may occur due to any part of your site being outdated or due to an update that cause issues of any kind to your site.
You are not authorized to make any modification(s) to our products. You understand that in doing so, you may incur a fee to fix any issues that may arise. Furthermore you release Vertical Hosts from any and all liability should you make any modifications and issues occur regardless of the nature.
All payments are handled through using PayPal or Stripe.
After we have successfully received your payment, a receipt will be emailed to the email address you provided. This may take up to 1 hour but usually happens within minutes. If you do not receive an email after this time period, get in touch with us through our website.
Moreover, immediately after purchase, you can access your services and downloads from your account on our site.
11. PRICE CHANGES
Vertical Hosts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a subscription (or any part thereof) with or without notice. We also reserve the right to change our product and service prices individually at any time without prior notice.
By the use of our Hosting services, you agree to all of the terms and conditions contained within our Acceptable Usage Policy. We reserve the right to terminate your service without prior notice and to restrict access to any content. Due to the nature of our services, no refund will be given once payment has processed. Additionally any service that’s cancelled due to an AUP violation will not be refunded.
13. WEBSITE CARE PLANS
By use of our Client Care Plans services, you agree to the limitations set forth for each respective plan. We reserve the right to change, cancel, discontinue, or add to all plans without prior notice or refund of payment. We also reserve the right to change the price of our plans without prior notice.
13.a Content Changes
Content changes are restricted to the valid plan to which you are currently subscribed to. Content changes are restricted to the website on which our management plugin is installed ONLY. You understand that any content changes we deem to be outside the scope of “normal” changes and/or updates will be billed at a rate no less than $200/hour.
For plans that have defined time restricted change limits (1 hour, 2 hours..etc), this time DOES NOT roll over or accumulate. All time is per month and is consider as a “use it or lose it” type.
Additionally, our content changes are divided into two categories: Website and E-Commerce. If your plan does not allow for E-Commerce changes, no requests for changes to said E-commerce will be made.
E-commerce pages are any that relate to or are created by an e-commerce plugin, extension or other software, regardless of internal or external, such as “Shop”, “My Account”, “Check Out”, “Cart”, and/or Product pages.
Our security services is not intended to stop or prevent hackers, malware, or other vulnerabilities. Our service scans and detect any potential issues that may exist, and to alert us to this. We make no guarantee that it will detect 100% of issues. As such, your acceptance of these terms release us from any liability that may be associated from missed vulnerabilities, malware, or other malicious coding or attacks of any nature.
13.c Website Backups
All backups are stored on secure cloud storage on the Amazon S3 structure. We retain no more than the previous 90 days of backups. We make no guarantee that these backups will be sound or free from errors. Additionally you release us from any liability due lost content, files, and other missing items from your website due to the restoring of any backup.
13.d Premium Plugins
In the event your website uses a plugin or product similar to any of our premium plugins, it is at our discretion to NOT install, setup, or use our plugin(s). Furthermore, no refunds/offsets/discounts will be given in instances where this occurs.
14. TIME FRAMES
All subscriptions, regardless of type, are based on calendar month and will renew on the same day each month. Access to any features offered by our products or services is limited to that time frame only regardless of the number of actual days between your subscription/purchase date(s) and renewal date(s).
We reserve the right to cancel our services, products, support and anything else we may offer without notice or cause.
15.a CUSTOMER CANCELLATIONS
You, the customer have the right to cancel at any time through your payment source (PayPal or Stripe) without prior notice. However early cancellation will result in a forfeiture of all monies should you terminate any of our services.
15.b CANCELLATION RESPONSIBILITY
It is the sole responsibility of the customer to cancel their subscription should they no longer intend to use, have no desire to use, or otherwise have no further use of our services. NO REFUND will be given for a failure to cancel any or all services you may have with us. For further information on how to cancel a subscription, please refer to the payment processor used (PayPal or Stripe).
17. FULL RELEASE
By accepting these terms and conditions, you agree to release us (Vertical Hosts, it’s employees, and third party associates) from ANY and ALL liability relating to any aspect of our products, or services that we provide or have provided in the past, present, and future.
Your usage of our site, products, and services is considered as your “acceptance” Furthermore, your purchase of our products and service, regardless of cost, also constitutes an “acceptance” of these terms and conditions.