Last Updated: May 10, 2023
By purchasing a Website Care Plan with GreenHouse Creative, LLC (hereinafter referred to as “GreenHouse”), you (hereinafter referred to as “Client”) confirm that you are in agreement with and bound by the terms and conditions below.
All Website Care Plans Include:
- Plugin updates with visual validation
- Daily off-Site backups + 90 days of backup storage
- Security monitoring + malware clean up
- License to use premium tools:
- Elementor Pro
- WP Rocket
- Short Pixel
- Annual Website Wellness Assessment on your anniversary
- VIP rate for booking any exclusives (20% off the current rate)
The Maintenance + Updates Plan Also Includes:
- Technical support and troubleshooting
- Unlimited 30-minute Edits – defined as anything that takes 30 minutes or less and can generally be handled within the admin panel of your WordPress website. Examples of Content Edits include:
- Publishing blog posts or new pages when you provide the content
- Adding, removing, or editing text on posts, pages, or products
- Uploading images and adding to pages
- Adding, removing, or editing menu items
- Configuring pop-ups, notification bars, and slide-in features based on text, images, and examples you provide
- Creating image galleries
- Adding, removing, or editing users
- Uploading PDF’s
- Adding, removing, or editing form fields
- Repair of website issues caused by Client. Any work required to remedy an issue where a change or update Client made to WordPress Core, Plugins, Themes, or Content caused problems to the overall functioning of the website will be discussed with the Client beforehand and then charged separately at the hourly rate defined in the selected Website Care Subscription
Client agrees to:
- Provide GreenHouse with an Administrator account on the website
- Provide login information for website Domain and Hosting
- Host website with a preferred hosting provider – WPEngine or SiteGround
- Allow installation of GreenHouse’s website maintenance plugin
- Not deactivate, delete or alter GreenHouse’s website maintenance plugin
It is Client’s responsibility to notify GreenHouse of any technical issues on the website and request service to remedy issues.
Client acknowledges that GreenHouse does not offer refunds or early cancellations to subscription services.
Client agrees to enroll in monthly auto-payments on the 1st of each month. If payment fails, Client agrees to provide a new payment method within 10 days of the failed payment. If payment is not received within 10 days, the contract will be terminated.
Client may cancel the Website Care Plan at any time by sending a written request to [email protected]. Cancellation requests received before the 15th of the month will be effective at the end of the month. Cancellation requests received on or after the 15th of the month will be effective at the end of the following month.
GreenHouse’s license keys will be removed from the website upon cancellation, and Client will be responsible for purchasing a license for each of the premium tools to continue use.
CONFIDENTIAL AND PROPRIETARY INFORMATION
Each party acknowledges that information disclosed to it by the other in connection with this agreement is confidential and proprietary and that it shall remain the property of the disclosing party. Each party shall treat all information from the other as confidential and proprietary. The receiving party shall take all reasonable and necessary precautions to prevent such information from being made known or disclosed to any person or entity except in accordance with this engagement. However, if the receiving party is required by legal process or action of government agencies to disclose any information, it may do so. The receiving party shall promptly notify the other of such requirements so that the other may take whatever action it deems appropriate to protect such information against disclosure.
Confidential information does not include information, technical data, or know-how which:
- Is in the possession of the receiving party at the time of disclosure as shown by the receiving party’s files and records immediately prior to the time of disclosure; or
- Prior or after the time of disclosure becomes part of the public knowledge or literature, not as a result of any inaction or action of the receiving party or is approved for release by the disclosing party.
- GreenHouse shall not be precluded from using data regarding Client received during the performance of this engagement in materials published by GreenHouse provided that Client is not identified nor identifiable as the source of the data.
Client shall treat as confidential all information, records, computer files and documents of GreenHouse and handle and dispose of them in the same fashion as required of GreenHouse.
RELATIONSHIP OF PARTIES
It is understood by the parties that GreenHouse is an independent contractor with respect to Client, and not an employee of Client. Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of GreenHouse.
USE AND COST OF THIRD PARTY ASSETS
GreenHouse warrants and represents that, to the best of their knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that GreenHouse has full authority to make this agreement; and that the work prepared by GreenHouse does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that Client or others may make of GreenHouse’s product that may infringe on the rights of others. Client expressly agrees that it will hold the GreenHouse harmless for all liability caused by the Client’s use of the GreenHouse’s product to the extent such use infringes on the rights of others.
WARRANTY AND LIMITATION OF LIABILITY
Neither party shall be liable hereunder for special, indirect, consequential or incidental losses or damages of any kind or nature whatsoever, including but not limited to lost profits, lost records or data, lost savings, loss of use of facility or equipment, loss by reason of facility shutdown or non-operation or increased expense of operations, or other costs, charges, penalties, or liquidated damages, regardless of whether arising from breach of contract, warranty, tort, strict liability or otherwise, even if advised of the possibility of such loss or damage, or if such loss or damage could have been reasonably foreseen.
Except as otherwise expressly provided herein, damages shall be Client’s exclusive remedy hereunder and GreenHouse’s liability hereunder, regardless of the form of action, shall not exceed the total amount paid for services under this agreement. GreenHouse’s liability shall not be so limited with respect to injuries to persons or damage to tangible property arising out of the negligence or willful misconduct of GreenHouse or its subcontractors.
While performing tasks related to this contract GreenHouse cannot accept liability for losses caused by the unavailability, malfunction or interruption of the Client’s website. GreenHouse cannot guarantee that its work will be error-free and so GreenHouse also cannot be liable to the Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if the Client has advised GreenHouse of the possibilities of such damages.
No action, regardless of form, arising under this Agreement, may be brought more than one year after the cause of action has arisen, except that an action for nonpayment may be brought within one year after the date of the most recent payment.
CLIENT RECOGNIZES AND AGREES THAT GREENHOUSE HAS MADE NO WARRANTIES, PROMISES, OR GUARANTEES REGARDING THE RESULTS OR REVENUE TO BE GENERATED FROM ENTERING INTO THIS AGREEMENT OR THE ENGAGEMENT OF GREENHOUSE FOR MARKETING. Client agrees that any presentations, proposals, or projections made by GreenHouse are estimates only and do not represent a guarantee. Furthermore, Client acknowledges that the ultimate success or failure of their business rests with Client.
Governing law, severability, dispute resolution and venue
These Terms shall be governed and construed in accordance with the laws of the state of Florida, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Walton County, Florida.
YOU AND GREENHOUSE CREATIVE, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.
If you have any questions about our Terms of Service, please contact us at [email protected].