Introduction
By accessing this web site and/or utilizing any of the content, services and products available at or through the website ( together, the Website), you are agreeing to be bound by our website maintenance contract and Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law
The Website is owned and operated by Ember Method (“Ember Method”) and is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including our Privacy Policy) as well as any procedures that that Ember Method may publish on this site (collectively, the “Agreement”).
Please read this entire website maintenance agreement prior to accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you are not allowed to access the Website or use any services.
Description of service
Ember Method provides users with website maintenance services including software updates, website backups, content updates and more, known as the Service (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Ember Method to provide the Service. You also understand and agree that the Service may include certain communications from Ember Method, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Ember Method properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Ember Method assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Your registration obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. For us to do our jobs, you will have to give us certain information about yourself, such as your personal details, contact details and business details. You agree that this information is accurate, and up to date. We also need website and server credentials, passwords and other information. If we do not have accurate information, we will not be able to properly perform our work, and your account may be terminated.
You are responsible for the confidentiality of your login information. Any activities that occur on your website or hosting account are solely your responsibility. We provide a secure way to provide us with your credentials, but it is your responsibility to follow those instructions as opposed to regular communication methods.
Hacking our website or accessing our services by means other than a website maintenance contract is prohibited.
Any activity that disrupts our service for other customers is likewise prohibited.
We do not assume any liability for 3rd party content posted on your properties. We are not responsible for any delay or failure in removing copyrighted or trademarked materials from your site.
You agree to indemnify, and hold harmless Ember Method LLC from and against all losses, expenses, damages and costs.
You understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Ember Method cannot be held liable for any direct, indirect, incidental, loss or damages which may be incurred by you as a result of using our Services or resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Updates
We update the following as part of our core service:
- WordPress Core updates.
- Officially supported plugins available from the WordPress plugin repository.
- Themes available from the WordPress theme directory.
All other themes and plugins, including premium plugins can be updated using custom development hours. We may need your license information or login credentials to the location from which you purchased the third party software in order to update these plugins. Custom developer hours can be ordered / added as needed.
Developer Time
Developer time can and will be used for the following:
- Phone and Chat Support
- Consultation and Meetings
- Any Programming or Development
Developer time included in Ascent and Peak plans, if unused, rolls over for one month only and expire at the end of the following month.
Hosting
We work with most hosting companies. However, every once in a while we might recommend migrating your website to a new hosting provider because of technical issues with your current hosting provider. We’re happy to work with you as needed to review your needs against host options, and locate a hosting plan that best suits your needs.
Payment and renewal
General Terms
By selecting a product or service for purchase, you agree to pay Ember Method the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. See our refund and cancellation policy here.
Automatic Renewal
Unless you notify Ember Method prior to the end of the current subscription period that you want to cancel a subscription, the subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be upgraded, downgraded or canceled at any time by reaching out to our support team.
Services
Fees; Payment
By signing up for a website maintenance subscription you agree to pay Ember Method the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Ember Method reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time by reaching out to our support team.
Support
All subscriptions include access to support via our customer hub as well as directly via email. “Support” means the ability to make requests for technical support assistance or other website updates and needs via the ticketing system at any time. We try hard to respond within 24-48 business hours. Support requests need to be approved before we can begin work. All support will be provided in accordance with Ember Method’s service plans.
Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Ember Method’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Ember Method’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Ember Method at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
The materials on Ember Method’s website is provided “as is”. Ember Method makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Ember Method does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall WP Buffs or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Ember Method’s Internet site, even if Ember Method or a Ember Method authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and errata
The materials appearing on Ember Method’s website could include technical, typographical, or photographic errors. Ember Method does not warrant that any of the materials on its web site are accurate, complete, or current. Ember Method may make changes to the materials contained on its website at any time without notice. Ember Method does not, however, make any commitment to update the materials.
Links
Ember Method has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Ember Method of the site. Use of any such linked web site is at the user’s own risk.
Trademark information
All logos, product, and service names related to these TOS are trademarks of Ember Method. You agree not to display or use them in any manner without prior written permission.
Site terms of use modifications
Ember Method may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing law
Any claim relating to Ember Method’s web site shall be governed by the laws of Colorado without regard to its conflict of law provisions.