SUMA – Terms and Conditions

  1. Authorization
    1. CLIENT is engaging SPINCASTER as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on CLIENT’s web space on a web hosting server of a third-party hosting service. CLIENT hereby authorizes SPINCASTER to access this account, and authorizes the web hosting service to provide SPINCASTER with “write permission” for CLIENT’s webpage directory, cgi-bin directory, databases and any other directories or programs that need to be accessed for this project.
  2. Description of Services
    1. Active software monitoring and management performed on WordPress based web sites. SPINCASTER will perform the necessary updates and security upgrades for your CMS and plugins as they arise. These include, but are not limited to:
      1. Automatic daily backups of the files and database
      2. Malware scanning
      3. Security scans
      4. Security alerts
      5. Uptime monitoring
      6. Version monitoring of WordPress and all Plugins
  3. Account & Fees
    1. CLIENT agree to pay the fixed yearly subscription and any variable usage-based fees that may apply for the provision of additional services, if applicable.
    2. Payments are billed automatically to CLIENT’s credit card on a yearly recurring basis.
    3. Payments that are not able to be processed must be made within 10 days or the account will be temporarily suspended. Once payment is made successfully the suspension will be removed.
  4. Refund Policy
    1. CLIENT may cancel your subscription prior to the next billing date to avoid future charges. Service will continue until the end of the current billing period, but no service fees will be refunded.
  5. Term and Termination
    1. Either party, without cause, may terminate this Agreement by giving the other party 30 days written notice. Notice must be made by mail or electronic mail. SPINCASTER will not accept terminations over the telephone. Notwithstanding the above, SPINCASTER may terminate service under this Agreement at any time, without penalty, if CLIENT fails to comply with the terms of this Agreement, including non-payment. SPINCASTER reserves the right to charge a reinstatement fee.
  6. Indemnification
    1. CLIENT agrees that it shall defend, indemnify, save and hold SPINCASTER harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against SPINCASTER, its agents, its customers, access providers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employees or assigns.
    2. CLIENT agrees to defend, indemnify and hold harmless SPINCASTER against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with SPINCASTER; any material supplied by CLIENT infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which CLIENT sold on a website developed by SPINCASTER.
  7. Disclaimer of Warranties
    1. These services are provided on an ‘as is’ basis with no warranty of any kind, express or implied, including suitability for any intended purpose.

      We make no warranty that:

      1. Services and materials will meet your requirements or expectations;
      2. Services and materials will be compatible with your hosting environment;
      3. Services and materials will be error-free;
      4. Services and materials will be uninterrupted;
      5. Results from the use of SPINCASTER services and materials will be accurate or effective.
    2. SPINCASTER is not responsible for any damages CLIENT business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by SPINCASTER.
    3. CLIENT understands and agrees that temporary interruptions of the services provided by SPINCASTER may occur as normal events. CLIENT further understands and agrees that SPINCASTER has no control over CLIENT’s host or any third party networks CLIENT may use in the course of the use of this service, and therefore, delays and disruption of such networks are completely beyond SPINCASTER’s control.
    4. CLIENT understands that all web hosts are different and that all of our services will not work with every host server setup. SPINCASTER will notify CLIENT during account setup if there are going to be problems using SPINCASTER’s services with CLIENT’s hosting setup. If settings on CLIENT’s host server change during CLIENT account period with us, that may affect SPINCASTER services and SPINCASTER will notify CLIENT if problems arise.