Terms of Service
You are engaging Mountaintop Web Design (“MWD”), as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize MWD access and “write permissions” to all files and directories of your account with any third-party hosting provider, as well as permission to install any needed WordPress plugins for maintenance and security.
MWD does not assume any responsibility or liability for the content of the websites it manages, maintains, and/or hosts.
PRICING & PAYMENTS
All prices appearing on this site are subject to change without prior notice. Once a client of MWD, you authorize MWD to charge the payment method you submitted for all the invoices generated for the services rendered by MWD. To cancel your recurring payment or change the payment method, simply contact MWD prior to your payment’s due date.
Late Fee: A monthly service fee of 1.5 percent, or the maximum allowed by law, is payable on all overdue balances. The terms of payment are stipulated on the invoice.
Crediting Late Payments: Payments will be credited to late payments first, then to unpaid balances.
Collection Expenses: The client shall pay all collection or legal fees caused by late payments.
Monthly Care Plans: The client will be automatically billed on their credit card 30 days after the last payment was made. This may be canceled by the client at any time. Billing is based on 30-day segments and no partial or prorated refunds will be given.
CANCELLATION & REFUNDS
Cancellation of any monthly recurring service can occur at any time. No refunds are available after your purchased package or service has been started, unless otherwise specified in any authorized means of communication by MWD.
MONTHLY CARE PLAN
The Extreme Care Plan is based on a 30 day period. The month will start when the payment is submitted and will end 30 days after this payment. A client may start their Extreme Care Plan on any day during the month. MWD will track services rendered during each 30-day time frame.
MWD reserves the right to change the features of any care plan at any time without prior notice.
WEBSITES NOT BUILT BY MWD
If a website was not built by MWD, MWD will not be held responsible for any coding, plugin, or theme compatibility issues that may arise due to the improper setup of the website. If issues arise that must be fixed in order to get the site up and running with the modern versions of the software, this will be considered billable time. MWD may provide an estimate prior to completing any work on the site unless another agreement was made.
SOFTWARE, THEMES, AND PLUGINS NOT BUILT BY MWD
For custom software, themes, and plugins not built by MWD, MWD will not be held responsible for any coding, plugin, or theme compatibility issues that may arise due to conflicts with other plugins or themes, or issues that arise after WordPress core, theme, and plugin updates. If issues arise that must be fixed, this will be considered billable time and MWD will bill for the time required to resolve this issue.
The performance optimization package included on its own or with the Extreme WordPress Care Plans includes the following items:
- Removing unnecessary plugins causing speed issues
- Basic image optimization (anything requiring in-depth or advanced image optimization will be quoted separately)
- Website caching plugin to speed up the website
- Lazy loading of images so important and visible images load first
- Website Compression & Minification
Items that are not included as part of the performance optimization package include: changing how a video is served to the website and where it is served from, advanced image optimization, manual image optimization, fixing coding issues preventing proper site optimization, and fixing/repairing coding issues that allow images to be served at the proper size based on device.
We strongly believe the client’s website(s) and domain name(s) are their property and they have the right to full access of their account. Client understands and agrees that any web hosting services require a separate contract with a web hosting service. Client agrees to select a web hosting service which allows MWD full access to the website. (We prefer you use us!)
MWD can provide hosting services in two ways:
Under this method, MWD is a reseller of GoDaddy’s products and services on a white label basis. Each client is required to have their own hosting account that is unique to them. The client will own 100% of the hosting account and MWD will retain no rights to this hosting account. The client acknowledges that the full terms and conditions of this specific service come from GoDaddy and are outside of the control of MWD.
2. Mountaintop Web Design hosting with FlyWheel/WP Engine
Under this method, MWD is a reseller of FlyWheel’s (WP Engine’s) products and services. MWD will bill the client either monthly, quarterly, or yearly for these products and services. The Client will be billed in advance for the products and services provided. (For example, MWD will bill the client on May 1st for the hosting from May 1st through June 1st at 12:01 am.)
The client acknowledges that the terms and conditions of this specific service come from FlyWheel(WP Engine) and are outside the control of MWD. MWD controls the billing of the Client and the terms and conditions related to the billing.
MWD is the “owner” of a bulk hosting plan which it will use to host the individual client websites. MWD will then place the Client’s website on one of the allocated hosting accounts. MWD will then grant the Client access to their website’s hosting account as a “collaborator” which means the Client will have full access to the website’s information, backups, statistics, settings, and more. This means that a Client has the access required to move their website away from MWD at any time. The Client will not have access to the billing portion of the FlyWheel account as that is managed by MWD as the “owner” of the account. This term “owner” is specific to the FlyWheel hosting relationship with MWD as MWD is paying FlyWheel directly for hosting.
However, MWD will in no way claim any ownership rights for the Client’s website. The Client will own 100% of the website and files on the server. If the Client wishes to terminate its hosting agreement with MWD, the Client may request from MWD that the FlyWheel status of “ownership” be granted to them for their website. The Client will then become responsible for the billing portion of the website hosting agreement with FlyWheel. The Client will not be refunded for any unused time left on their billing term.
MWD will never charge a fee for the Client to get access to their website as the website is owned by the Client. MWD may charge at the current hourly rate for help and assistance with moving the website to another host, for training related to the website hosting, and other services that may be provided at that time.
Refusal to Pay: If the Client does not make it’s regularly scheduled payment, MWD reserves the right to remove the website from its hosting platform. There will be a grace period of 15 days for the Client to submit payment in order to keep the account active.
BACKUPS OF WEBSITE
Unless a prior website backup has been made within the past 45 days by MWD and/or its designee, it is our policy that we make a backup. MWD cannot guarantee that we will have a backup of your site forever. MWD will not be liable for missing or incomplete backups of websites.
REFUSAL OF SERVICE
MWD reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content, or for any other reason. MWD is committed to providing family-friendly websites and content for our clients.
SECURITY AND PERSONAL INFORMATION POLICY
Our clients are the most important part of our company. As such, we take your security and personal information very seriously at MWD. We hold onto a client’s account information for support purposes only. If a client is in need of support, we have the information on file in order to assist them. Access to account information is only given to approved employees & subcontractors of MWD. We never release these passwords to anyone without our client’s permission. In addition, our client’s information is NEVER sold or given to others.
We work hard to protect your information like it is our own. We take numerous precautions to make sure no information falls into the wrong hands. We store confidential data in a secure password vault, which requires two factor authentications. This provides an extra layer of security for our client’s information. Additionally, all the information is sent with encrypted SSL technology between our devices and servers.
THIRD PARTY OR CLIENT PAGE MODIFICATION
With a WordPress based website, clients can independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by client and MWD. If anyone other than MWD or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at our standard hourly rate for the time beyond the time that is allotted in the monthly care plan. There is a fifteen (15) minute minimum in this situation.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
MWD does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free. MWD does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and MWD disclaims any liability relating thereto.
You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use. The entire risk as to the quality and performance of the webpages and website is with client.
To the extent not prohibited by law, in no event will MWD be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if MWD has been advised of the possibility of such damages. Additionally, in no event will MWD be liable for any content provided by clients. Client shall indemnify and hold harmless MWD and its managers, employees, agents, affiliates, and subcontractors from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including attorneys’ fees and costs) which arise out of, relate to or result from any act or omission of MWD on Client’s website.
This Work Statement Agreement is governed by the laws of Colorado without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with MWD or relating in any way to your use of the created webpages or Internet website resides in the courts of the Colorado.
Please note that by submitting your payment, you are agreeing to all our terms of service as they are written here. MWD reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties.
Please contact us with any questions regarding the MWD terms of service by email [email protected]