WordPress Support & Maintenance Terms and Conditions

This website is not affiliated with the WordPress Foundation or Automattic, Inc.

This website www.netmechanic.co.za is registered, owned and operated by NetMechanic CC hereinafter referred to as NetMechanic. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of the commencement date.

We reserve the right to change this User Agreement from time to time with thirty (30) days notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarise yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Before using any of NetMechanic’s services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. The column on the right provides a short explanation of the terms of use and is not legally binding.

ACCEPTANCE OF TERMS

The web pages available at www.netmechanic.co.za and all linked pages (“Site”), are owned and operated by NetMechanic. (“NetMechanic”) and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

DESCRIPTION OF SERVICE

The Site is an online service offering maintenance packages to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content NetMechanic 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, updating, maintenance or repair of the Site or any other reason within or outside the control of NetMechanic. NetMechanic reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. NetMechanic service does support multi-site WordPress installations.

REGISTRATION

As a condition to using Services, you are required to open an account with NetMechanic and select a 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, which may result in immediate termination of your NetMechanic 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 trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. 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 NetMechanic account.

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

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge NetMechanic, 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 NetMechanic, 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, dam- ages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your account or NetMechanic Username and password, or (iii) any violation of any rights of a third party.

LIMITATION OF LIABILITY

In no event shall NetMechanic be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content

(i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

INTELLECTUAL PROPERTY

NetMechanic, www.netmechanic.co.za and other NetMechanic graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of NetMechanic. NetMechanic’s intellectual property may not be used in connection with any product or service without the prior written consent of NetMechanic. The images and icons available in NetMechanic Press Kit may used by partners and third party sites in connection with providing appropriate links to NetMechanic Site.

SUPPORT REQUESTS

Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please e-mail [email protected].

Each request is subject to a fifteen (15) minute minimum fee charge as per the selected package.

TURNAROUND TIMES

Support request will be aimed to be completed within a 24 hour turnaround unless complex in nature. Work will normally occur between the hours of 08h00 and 17h00, on weekdays.

Each request is subject to a fifteen (15) minute minimum fee charge as per the selected package.

Notes: Developer support custom designs and customisation hours is billed at an additional R500.00 per hour, per request.

Up to 48 hours response time on non-emergency requests. Requests are subject to approval by assigned agent or NetMechanic management.

Emergency or rush requests may be subject to a rush surcharge of R60.00 per hour.

NATURE OF REQUESTS

Requests should fall within the following categories within the allocated time:

• UI troubleshooting (HTML, CSS, Javascript)
• Styling elements with CSS
• Content Population & Image Manipulation
• Creation of basic graphics (e.g. buttons, banners, etc.)
• WordPress consulting (pick our brains)
• Optimization of Images
• Restoration of backups
• Hack repair (charged seperately @ R1900 ea.)

If you’re unsure about the 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 but not limited to, not meeting approval for monthly development time:

• Website redesign
• Landing page design
• Custom plugin development
• Custom theme development
• Search marketing/Advanced SEO services
• Plugin installation and implementation
• Back-End Coding/Scripting
• Front-End Coding/Scripting

TERMINATION & CANCELLATION

Cancellation can occur with 30 days notice of service. You’re never required to stay with us – in fact, we’d prefer you have the option to leave if you’re unhappy with our service and give us feedback on how we can serve you better.

NetMechanic may terminate or suspend any and all Services and/or your NetMechanic account immediately, without prior notice or liability, for any reason whatsoever, 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 terminate your NetMechanic account, you must Contact us with your termination 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 support area to issue a termination request.

CHANGE

NetMechanic reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, NetMechanic will notify you by posting an announcement on the site. What constitutes a material change will be determined at NetMechanic’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.

PAYMENT PROCESS

All payments to NetMechanic will and must be made free of novation or set-off. In the event of The Client having a claim against NetMechanic for any matter whatsoever, The Client will not be permitted to set-off or novate such claim with any payments due to NetMechanic.

MISCELLANEOUS

No NetMechanic, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind NetMechanic 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. NetMechanic shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond NetMechanic’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. NetMechanic may transfer, assign or delegate the Terms and its rights and obligations with- out consent. The Terms shall be governed by and construed in accordance with the laws of The Republic of South Africa, as if made within Cape Town between two residents thereof, and the parties submit to the exclusive jurisdiction of Cape Town 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 provided herein.

PERIOD

This Agreement shall commence on the date as stated (or sign up) above and shall continue for a month to month period, unless terminated earlier in accordance with the terms of this Agreement.

PAYMENT PROCESS

NetMechanic shall invoice the Client on the 25/26th of each month in advance for services rendered, additional services rendered, and allowable expenses incurred during that month as per the amounts agreed on and signed off by the Client.

The Client shall pay NetMechanic for all sums billed not later than (5) Five days after receipt of an invoice.

All payments to NetMechanic will and must be made free of novation or set-off. In the event of The Client having a claim against NetMechanic for any matter whatsoever, The Client will not be permitted to set-off or novate such claim with any payments due to NetMechanic.

CANCELLATION

Cancellation of this signed quotation and mandate must be received in writing (30) thirty days written notice of my/our intention to cancel my/our service. Cancellation e-mail must be sent to [email protected] notifying NetMechanic of the intention to cancel (including a reason please).

ADDITIONS & VARIATIONS

Should The Client exceed the contracted requests / hours, the normal NetMechanic rate of R500.00 (Five Hundred Rand)) per hour shall apply. NetMechanic shall, at all times, advise the Client on excess hours (both sides) as and when this applies.

Expenses such as bulk postage, photostock images, telephone calls outside of the SA area, translations, travel outside of SA, lobby consultants, etc. are not included in the fees and will be billed accordingly.

BREACH BY THE CLIENT

In the event of either party breaching any terms of this agreement and remaining in breach for a period of no more than 14 days from date of notification of such breach being given by either party, the aggrieved party will be entitled to cancel such an agreement and terminate any and all services provided to the other party and claim damages therefore from the other party.

In the event of a breach being in respect of unpaid amounts to NetMechanic, then NetMechanic will be entitled to terminate after 7 days notice, any and all services to The Client and keep such services terminated until such time as the total amounts outstanding have been paid in full by The Client.

The Client will be responsible for legal costs on the attorney client scale, incurred as a result of such breach.

MODIFICATIONS:

Modifications to the scope of the project/task will be included in the allocated retainer hours as stated in clause c above. NetMechanic shall at all times advise the Client in the event of the project/task exceeding the allocated retainer hours (both parties) as and when this applies. These additional hours will be quoted for by NetMechanic and presented to the Client for approval, before the scope of the project is changed or is briefed into production.

EXCLUSION OF LIABILITY

Under no circumstances shall NetMechanic be liable to The Client or any third party for any direct, indirect, special, punitive, consequential or incidental loss or damage (including without limitation damage to property, business, or goodwill, or loss of profit, revenue or anticipated savings) that result directly or indirectly from The Client use of or inability to use the Services, or for third parties’ use of the Services, or The Client or any third parties’ reliance on or use of information, services, or products provided together with, on or through the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

INTELLECTUAL PROPERTY

The Client acknowledges that, by virtue of this Agreement, The Client acquires no interest or any other right in the Intellectual Property of NetMechanic or its affiliates, and that all such Intellectual Property is and shall remain the exclusive property of the Party to which it belongs. If The Client becomes aware of any actual, threatened or suspected infringement of such Intellectual Property, The Client undertakes to immediately notify NetMechanic thereupon in writing.