Terms

This is the Schedule of Work (SOW) for our Managed WordPress Website Service, and are stated as indicated in our Master Service Agreement

Description Of Membership service

The Site is an internet service that offers email support to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content Heaviside Digital makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.

Your access to and use of the Site may be interrupted from time to time, as a result of equipment malfunction, upgrade, maintenance or repair of the Site or otherwise, within or outside the control of Heaviside Digital. Heaviside Digital has the right to change, suspend or discontinue the availability of the Site and/or Services and/or remove any content at any time in its sole discretion without notice.

REGISTRATION

As a condition to using Services, you are required to open an account with Heaviside Digital and create a unique password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and suspension and/or termination of your Heaviside Digital account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise not appropriate and/or offensive.

Please do not reveal your Account information to anyone else. You are responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you must agree to immediately notify Heaviside Digital of any security breach of your Account. Heaviside Digital shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Heaviside Digital account.

Services are available only to legal entities and to individuals who are at least 18 years old.

The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Heaviside Digital Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.

PAYMENT

All Heaviside Digital Plans are monthly subscriptions that automatically charge your provided credit or debit card every 30 days until a cancellation request is submitted.

You agree that you will pay for the Services, and that Heaviside Digital may charge your selected payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.

Prices for the Services may change at any time at Heaviside Digital ’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge Heaviside Digital , its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Heaviside Digital , its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Heaviside Digital Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.

INTELLECTUAL PROPERTY

Heaviside Digital graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of Heaviside Digital . Heaviside Digital ’s intellectual property may not be used in connection with any product or service without the prior written consent of Heaviside Digital .

SUPPORT REQUESTS & REASONABLE USE

Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email help@heavisidegroup.com

Each request is subject to a maximum of one hour of development. The effort required for development is exclusively determined by the Heaviside Digital management. For work outside of the scope of the Heaviside Digital 1 hour development agreement, Heaviside Digital management may provide at its discretion break the work up into one hour blocks spread out over several business days.

Heaviside Digital provides 24/7 support, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.

Your requests are subject to approval by Heaviside Digital management or by its assigned agent.

NATURE OF REQUESTS

Requests should fall within the following categories.

HTML, CSS, Javascript changes
Styling with CSS
Content population & image manipulation
Creation of graphics (e.g. logos, buttons, banners, etc.)
WordPress advice and support
Optimization of CSS, Javascript and Images
Theme/plugin audits
Theme/ Plugin installation and implementation
Organic SEO Services

If you are unsure about whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.

Examples of requests which shall not meet Heaviside Digital management approval for support:

Custom plugin, theme development, back-end custom coding

Any fix deemed by Heaviside Digital management to exceed one hour of WordPress Expert work unless approved of as a project that would be done over several business days by Heaviside Digital will be rejected.

THIRD-PARTY MATERIALS

Certain services available may include materials from third parties. If Heaviside Digital provides links to third-party materials as a convenience to you, you agree that Heaviside Digital is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability and / or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree not to use any third-party materials in a manner that would infringe or violate the rights of any other party and that Heaviside Digital is not in any way responsible for any such use by you.

UNLIMITED AND REASONABLE USE

The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by Heaviside Digital management, at its sole and exclusive discretion. Customers deemed to be abusing the Heaviside Digital service or team will be contacted by the Heaviside Digital management. Heaviside Digital management retains the sole and absolute discretion to suspend service to you if Heaviside Digital management deems it necessary.

TERMINATION & CANCELLATION

All Heaviside Digital Plans are monthly subscriptions that automatically charge your provided credit or debit card every 30 days until a cancellation request is submitted.

You may cancel the Heaviside Digital membership service anytime.

Heaviside Digital may terminate or suspend any and all Services and/or your Heaviside Digital account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to cancel your Heaviside Digital account, you must Contact us with your cancellation request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You can contact us through the contact page or by the provided email address to issue a termination request.

CHANGE

Heaviside Digital reserves the right, at its sole discretion, to change or remove or replace or add to the terms at any time. If the alterations constitute a material change to the terms, Heaviside Digital will notify you by posting an announcement on the website. What constitutes a material change will be determined at Heaviside Digital ’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

MISCELLANEOUS

No partnership, agency, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Heaviside Digital in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Heaviside Digital shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Heaviside Digital ’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Heaviside Digital may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within California between two residents thereof, the parties submit to the exclusive jurisdiction of California courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.