Before using any of the PurplePress, LLC (“PurplePress”) services, you (the “User”) are required to read, understand and agree to these terms (the “Agreement”). THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF PURPLEPRESS SERVICES (“SERVICES”). BY USING THE SERVICES OF PURPLEPRESS YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT PURPLEPRESS’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

User eligibility

You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to provide PurplePress with your full legal name, postal address, telephone number, and an email address that is not hosted through PurplePress for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that your supply to PurplePress, and you understand and agree that PurplePress has an obligation to fully investigate any possible fraudulent credit card use.

Unlawful prohibited use

As a condition of your use of PurplePress services, you warrant PurplePress that you will not use PurplePress services for any unlawful purpose.

You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of PurplePress services.

Terms of payment

You agree to pay PurplePress appropriate payment for the services received from PurplePress in advance of the time period during which such services are provided. You agree to provide PurplePress with current billing and contact information and you authorise PurplePress to bill all accounts and related charges to the credit card on file. You further understand that until and unless you notify PurplePress of your desire to cancel any or all services received, and you complete the cancellation process, those services will be billed on a recurring basis. In order for the account to be cancelled, it must be paid in full at the time of cancellation. You agree that prepayments will be billed and charged automatically, and that PurplePress may apply the amount due to the provided card at any time.

Monitoring of service

You agree that PurplePress has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law or to protect itself or its subscribers. PurplePress reserves the right to remove or to refuse to post any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. PurplePress reserves the right to monitor any and all communications through or with its facilities. You agree that PurplePress is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.

Free trial period

You will receive a no-obligation free trial period when you first create a new account. You can cancel at any time during this period without penalty.

Pricing change policy

PurplePress reserves the right to change prices at any time with a 30-day notice before the new price goes into effect.

Termination

PurplePress may terminate this agreement and your access to any or all PurplePress-related services at any time, effective immediately, and without any refund of any kind, including but not limited to refunds for pre-paid services. PurplePress shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Any outstanding amount due on the account will still be payable.

You may terminate this Agreement at any time by contacting the support department at PurplePress. No refund shall be issued under any circumstances.

All plans automatically renew every period, unless cancellation is requested at least 30 days before renewal time.

Upon cancelation, you are entitled to receive a full copy of your website files.

Relationship of the parties

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

Disclaimer of warranties/limitation of liability

PurplePress services are provided on an “as is”, “as available” basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. PurplePress expressly disclaims any representation or warranty that the PurplePress service will be error-free, timely, secure, or uninterrupted. No oral advice or written information given by PurplePress, its employees, licensors, or agents will create warranty; nor may you rely on any such information or advice.

Under no circumstances, including negligence, will PurplePress or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the PurplePress service, including but not limited to reliance on any information obtained via the PurplePress service; or that results from mistakes, omissions, interruptions, deletion of files or email, loss or damage to data, errors, defects, viruses, delays in operation, or transmission or failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to PurplePress records, programs, or services. You hereby acknowledge that provision will apply whether or not PurplePress is given notice of the possibility of such damages and that provision will apply to all services available from PurplePress.

Under no circumstances, under the terms of this agreement, shall damages include loss of business, or loss of profits, whether based on breach of contract, breach of warranty, tort, product liability, or otherwise.

The terms of this section shall survive the termination of this agreement for whatever reason.

Hosting

Availability of Website

The Website shall be accessible to third parties via the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of PurplePress Services due to causes beyond the control of PurplePress or which are not reasonably foreseeable by PurplePress, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.

Additional Storage

You agree that You will not exceed the bandwidth or storage space limits applicable to the purchased PurplePress Services.  In the event that the Website exceeds the limits included in the PurplePress Services, or should You request or require increased limits, PurplePress will automatically bill You for the additional incremental storage required by Your use to be included in the PurplePress Services on a time and materials basis and in accordance with PurplePress’s fee schedule.

Updates

Updates to WordPress will be completed on a timely basis. Additional updates, such as for theme and plugin versions, are available dependent on your plan.

Security

PurplePress represents and warrants that it has implemented and will maintain reasonable and appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of Your content. Additional security measures, such as virus and malware protection, scanning, and removal, are available dependent on your plan.

Scope of support agreement

Support must be requested through your WordPress dashboard messenger. Support will be dedicated only to the registered website, not including subdomains or additional domains.

Support will address only simple things, on the following basis: (a) it does not take more than one (1) hour of work to be resolved; (b) does not involve the elaboration of any content or material; (c) is not related to third party design or software. Each request is subject to a maximum of one (1) hour of work. The effort required for development is exclusively determined by PurplePress management. For work outside of the scope of the PurplePress one (1) hour work agreement, PurplePress management may provide alternative solutions to the client including referral to a PurplePress project manager for quoting and contracting.

PurplePress does monitor support tickets twenty-four (24) hours a day, seven (7) days a week, but provides no guarantee either expressed or implied on the time frame of when a support request can or will be resolved. Client requests are subject to approval by PurplePress management or by its assigned agent.

Allowed requests must fall within the following scope, dependent on your plan:

Hosting plan

  • Fixes related to server performance issues

Standard plan

  • Everything in the Hosting plan
  • Simple element styling with CSS; (fixing broken pages or making your website content look better)
  • Small amount of content/image population; (adding a blog post, updating your business hours, adding a phone number)
  • Creation of basic structures such as buttons, menus, etc.
  • Consulting (questions related to WordPress issues)
  • Plugin installation
  • Troubleshooting of broken themes/plugins
  • Troubleshooting of UI (HTML & CSS); (fixing display issues)
  • WordPress speed up

E-Commerce plan

  • Everything in the Standard plan
  • WooCommerce support (adding products and categories, configuring settings, consulting, etc.)

Denied requests usually fall within the following:

  • Website design/redesign
  • Custom plugin/theme development
  • SEO and marketing in general
  • PSD to WordPress
  • Custom web development in general
  • Content creation or curation
  • Website migration to another server

Additional services

Additional services that fall outside the scope of support may be contracted on a separate basis as an addendum to this Agreement.

Service downgrade

If you elect to downgrade your PurplePress Services to a lower-priced plan, a $150 downgrade fee will be assessed in order to cover the cost of moving servers and modifying your account.

Force majeure

If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire, or other action of the elements, accidents, governmental restrictions, or other causes beyond the control of PurplePress, PurplePress is unable to perform in whole or in part its obligations as set forth in this Agreement, then PurplePress shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make PurplePress liable to the User.

Governing law

Delaware law shall govern this Agreement and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred, subject to the Limitation of liability clause. The parties consent to the exclusive jurisdiction and venue of the courts of Delaware or to any Federal Court located within the United States.

Serviceability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Survivability

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely – warranty, indemnification, liability and limits thereon, rights, and obligations upon and following termination and assignment.

Indemnification

You agree to defend, indemnify, and hold harmless PurplePress against any and all claims, losses, penalties, causes of action, damages, liabilities, costs, expenses (including but not limited to reasonable attorneys’ fees), or claims caused by or resulting indirectly from your use of the PurplePress Services, without limitation or exception, including your violation of any third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secret, right of privacy or publicity, or any other third party right). The terms of this section shall survive the termination of your relationship with PurplePress.

Remedy

You agree that your sole and exclusive remedy to any issues relating to the PurplePress Services is to discontinue using the Services.

Assignment

In the event of a merger or consolidation of PurplePress, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

Entire agreement

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supersedes any prior Agreements between the parties with respect thereto.

Waiver

The failure of PurplePress to enforce a provision of this Agreement shall not be construed as a waiver or limitation of PurplePress’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

Modification of terms

PurplePress reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the PurplePress Website. You are responsible for regularly reviewing these documents. Continued use of the PurplePress Services after any such changes shall constitute your consent to such changes. PurplePress does not and will not assume any obligation to notify you of any changes to these Terms.