These Terms & Conditions are between customers of the iMark Interactive, LLC services (“you” or “your”) and iMark Interactive, LLC (“we” or “us”) and apply to the website(s) specified in your monthly subscription or service you have contracted iMark Interactive, LLC to work on.
Limitation of Liability
These subscription and one-time services are provided with a best faith effort; we’ll do our best to provide everything that we say we will. However, no person, operation, or system is error proof or without flaws, and there is a chance that something may go wrong. These can include corrupted backups, bad plugins, hosting errors, hacking beyond repair, database corruptions, etc.
If something does go wrong, we will do our best to fix it as quickly as possible. You agree not to hold us liable for any damages beyond the fees you have paid us for this service.
In no event will we be liable to you for any lost profits, lost savings, or incidental, indirect, special, or consequential damages, arising out of your use of our services or the breach of this agreement.
3-Month Commitment for Subscriptions
We believe in having long-term relationships with our customers, as it best aligns our interests — we’re invested in your ongoing growth and success. Additionally, our initial setup and optimization for your site is time-consuming and laborious, but we do not charge any setup fees. Therefore, all our monthly support plans require a three-month minimum commitment
New customers may cancel a subscription at any time after the first three months.
Subscriptions will continue automatically every 30 days of the start of the subscription until cancelled. You may submit a request to cancel at any time, and we will not bill for future periods. If you are still within the three-month commitment period, you will be obligated to make payments for the remainder of the three-month contract minimum.
You will be billed in accordance with the payment plan that you select. We offer only monthly payment options for monthly support customers. When you purchase your plan, you will set up automatic billing through our payment provider Stripe.
Quick Fix (Job) Requests
Monthly support plans “Ready” and higher include job requests. These can include single questions or tasks, such as asking for a plugin recommendation, uploading a file to your server, tweaking a font size or other style setting, moving or adjusting widgets, and so on. If we anticipate a request will take longer than 30 minutes, we’ll let you know and we will provide a quote for the project.
Jobs cannot be combined into a larger project, do not roll over from month to month, and should take 30 minutes or less to complete.
For larger projects, we are happy to provide you with a quote based on the project requirements before any work commences.
Keeping your site’s software up to date is critically important for security — out-dated software is the most common way sites get hacked.
All our monthly support plans include updates, where we will take care of your WordPress core and plugin updates on a regular basis (typically about once a week).
Because updates can occasionally introduce new bugs, we generally do not run updates immediately upon availability (unless it’s for a critical security patch). Additionally, some WordPress and plugin updates could cause issues with other plugins and themes installed on your site.
We are not responsible for any issues that may arise as a result of these updates, but we will do our best to identify any issues that arise and help fix them or restore your site from a backup.
Theme updates will be performed for minor (“point”) releases, but generally not for major releases.
Privacy & Security
We take privacy and security very seriously. We will not share your personal information with any third parties, except when necessary to do so to provide our services to you, or when required by law.
We take measures to protect and secure your information (both personal information and passwords/site access information) using encryption and layers of password-protection and two-factor authentication when available, and we require our contractors or other third-party services to do the same. We often utilize LastPass for password management and you can share the password information necessary with us via this service if you choose.
In return, we ask you to use strong and unique passwords for your WordPress site, your hosting account, your email account, and other online accounts — and to never send passwords directly in email.
You can use our vault to share information with us which is a self-destruct note system.
We make every effort to ensure that the information on this website is accurate; however, we can’t guarantee that there are no errors. Please remember that everything on the site has been provided for informational purposes only. You understand that if you use the information on the site, your results may vary.
Use of Our Services
Unless otherwise stated, we own all of the intellectual property and rights to the content we create, like our knowledge base, which you will receive access to as one of our customers. This information is provided for your personal use only and you may not share it with third parties.
You may not use our services in any way that causes damage to either our website, our services, our other customers, or the property of any third parties.
From time to time, we may recommend plugins or other materials that are created by third parties. We are not liable for any third-party services or content, regardless of the recommendation. Please make sure to research all third-party providers to make sure they are a right fit for you.
By completing your purchase, you consent to receive electronic communications from us, including any necessary legal notices. We will communicate with you through the email address you provided at the time of your purchase.
Our services are provided on an “as is” basis, which means that we are not making any representations or warranties, either express or implied. We cannot guarantee that our services will meet your requirements or that our website and service will never go down.
We are not responsible to you for any loss of content or material provided to us as part of the services.
An Occasional Revision
These terms of service were last updated on March 13, 2020. Your purchase and subsequent renewal of any subscriptions affirms your agreement to these terms. We reserve the right to change them at any time — but if they change substantively, we’ll let you know and give you an opportunity to opt-out by cancelling auto-renewal payments, and then continuing the remainder of your prepaid period under the previous terms.
The Legal Terms
You agree to indemnify and hold us harmless for any damages or lawsuits related to our services, unless they are a result of our negligence or intentional misconduct.
You cannot transfer this agreement to anyone else or to a different website without our permission. This agreement stays in place and need not be renewed. These terms represent our entire agreement. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document governed by the laws of the State of North Carolina and under exclusive jurisdiction of the Wake County, North Carolina courts.
All notices with respect to these terms may be sent via email to [email protected].