Before using any of the Wasp.Digital services, you are required to read, understand and agree to these terms. You may only have an account and contract with us after reading and accepting these terms.
wasp.digital is a multi-part website which includes many types of services. Services include, but are not limited to, any service and/or content Wasp.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, updating, maintenance or repair of the Site or any other reason within or outside the control of Wasp.Digital. Wasp.Digital 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.
As a condition to use any Services, you are assessing that you are over 18 and are able to enter any service of your own will and with clear consent to all terms listed here. You are also responsible for all activities resulting from the use of the services you receive from us.
You hereby expressly and irrevocably release and forever discharge Wasp.Digital, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, parties, and personnel 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 also agree to indemnify and hold harmless Wasp.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, 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 services, or (iii) any violation of any rights of a third party.
In no event shall Wasp.Digital 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.
Wasp.Digital and it’s graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of Wasp.Digital. Wasp.Digital’s intellectual property may not be used in connection with any product or service without the prior written consent of Wasp.Digital.
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 firstname.lastname@example.org or create a ticket at http://wasp.digital/contact. Support is limited to any direct user who has purchased a product from wasp.digital or is currently paying for a Service from Wasp.Digital.
Priority support is reserved for users currently subscribed to a site-servicing subscription, as defined by Wasp.Digital’s current service offerings. Priority support can also be purchased without a current subscription for an additional cost of $50 per hour spent on the request, with a minimum of one hour of work. Response time on normal support and requests are determined by volume, and can range in duration.
Requests should fall within the following categories:
Styling elements with CSS
Content Population & Image Manipulation
Creation of basic graphics (e.g. buttons, banners, etc.)
WordPress consulting and Advising
Theme/plugin audits and Developments
Plugin installation and implementation
General Cpanel or WordPress installation questions or settings
Questions regarding Plugins or Themes owned by Wasp.Digital
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.
Change requests are limited to the allotted number paid for by the current subscription. Change requests are not carried over, and expire at the end of the month they are paid for. A change request may be made from either wasp.digital’s change request tool, or by a simple email. In certain circumstances, a change request may also be made from a direct phone call or verbal agreement. In any case that a change request is made, the allotment of that period will reduce by one per each change request made.
Change requests are limited to the list previously listed under “Nature of Requests”. Any change request has a limit of one hour of work. Wasp.Digital will make attempts to notify the person or company making the request if it is expected that the request will exceed the time limit. If the request does exceed the time limit, it will first reduce the number of change requests for that month by one. If it exceeds the limit a second time, or if the user has run out of change requests, then the person or company will be notified and asked if they would like to continue work at the rate of $60 per hour to complete the request. If no answer is given, or the charge is denied, the change request will not complete.
Any paid or licensed software is your own, and you are responsible for keeping the licenses current. We will do our best to keep them updated, but we will not store any private data or use your licenses, which some updates require. Because of these and other restrictions, we are not responsible for changes to paid or licensed software issues.
It may seem obvious to you, but to perform our duties to you and your subscribed services, we may need access to parts of your site. WordPress management services require access to an admin user role to set up our services, and to fix or manage parts of your site we may require access to those files in question. While we can investigate issues on a case-by-case basic, we find it is simpler for our clients to release the necessary information earlier. You agree to hold harmless all our staff, and allow them access as needed and determined by our staff.
Cancellation can occur at anytime. You may contact us to change or cancel your subscription, or if you have set it up with a third party, you may also cancel with them. If at any point payment is not completed for the service, the service will continue for the duration that was paid for, and then cease. In the case of hosting, wasp.digital will house all files one additional month following suspension of services before permanently deleting the account, and the user must continue payments to the service to regain access to the files or account in any way.
Wasp.Digital may terminate or suspend any and all Services and/or your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account or Services of your own accord, 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.
Wasp.Digital 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, wasp.digital will notify you by posting an announcement on the site. What constitutes a material change will be determined at Wasp.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.
No agency, 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 Wasp.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. Wasp.Digital shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Wasp.Digital’s reasonable control, including, without limitation, mechanical, electronic, external 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. If an individual contract is requested by Wasp.Digital, that person, user, or company agrees to also be bound to the terms within the contract, and should there be a conflict of terms within, then the provision or provisions of the contract will supercede those of the terms listed here. Wasp.Digital may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within the state of Washington between two residents thereof, and the parties submit to the exclusive jurisdiction of the state of Washington 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.
Last updated on October 15th, 2014.