1. Introduction
The following website maintenance contract and terms and conditions govern all use of the Tipsy Support website and all content, services, and products available at or through the website (collectively, the “Website”). The Website is owned and operated by Tipsy Media, LLC (“Tipsy Social,” “Tipsy Support,” collectively herein referred to as “Tipsy”). The Website is offered subject to your acceptance without modification of all the terms and conditions contained herein, as well as all other operating rules, policies (including, without limitation, Tipsy’s Privacy Policy), and procedures that may be published from time to time on this site by Tipsy (collectively, the “Agreement”).
Please read this website maintenance agreement carefully before 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 may not access the Website or use any services.
2. Description of Service
Tipsy provides users with access to a collection of resources, including website maintenance services using WPMU Dev software. The services include website speed optimization, security hardening, image & media optimization, uptime monitoring, broken link monitoring, weekly cloud backups, plugin, theme, and core updates, website reports, and Google Analytics integration (the “Service”). The Service also includes access to the Tipsy client Hub, where subscribers can monitor their website status, submit support tickets, and review actions taken by our team.
Care Credits are offered for additional tasks that generally take up to 30 minutes to complete. These tasks include, but are not limited to, updating content, swapping photos, addressing minor site errors, and embedding third-party tools. Care Credits are purchased separately from the maintenance subscription and require an active maintenance plan to use. Care Credits expire one year from the date of last purchase, but expiration will be extended for an additional 365 days with the purchase of more credits.
3. 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 jurisdictions. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Tipsy has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Tipsy has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. Membership Accounts, Passwords, and Security
You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Tipsy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tipsy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. Payment, Subscription, and Renewal
- General Terms: By selecting a product or service, you agree to pay Tipsy the monthly subscription fees indicated. Subscription payments will be charged on a pre-pay basis on the day you sign up for a plan and will cover the use of that service for a monthly subscription period. Payments are non-refundable.
- Automatic Renewal: Unless you notify Tipsy at least 72 hours before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew. You authorize Tipsy to collect the then-applicable monthly subscription fee using any payment method we have on record for you. Clients will receive a renewal email 7-14 days before the next scheduled renewal date.
- Cancellation Policy: Subscriptions can be canceled at any time, but must be done at least 72 hours before the next scheduled renewal. No refunds will be provided for any unused portions of subscriptions. Onboarding for the maintenance plan can take up to 72 hours, and no support will be provided during the onboarding process.
6. Care Credits and Usage Policies
Care Credits are used for additional support tasks and cannot be combined for multiple tasks; each task will require a separate Care Credit. Care Credits can be used for tasks such as updating text content, swapping images, fixing minor site errors, installing tracking codes, and optimizing on-page SEO. Each Care Credit task generally takes up to 30 minutes to complete. Support requests using Care Credits are processed during regular business hours, Monday – Friday, 9am to 5pm EST, excluding holidays. Most requests are addressed within 24 to 48 hours, depending on complexity.
Care Credits do not cover tasks such as designing new pages or redesigning the website. If a request includes multiple tasks, our support agent will separate them into separate requests, and the Care Credit balance will reflect the total number of tasks submitted. Care Credits expire one year from the date of last purchase, with expiration extended when more credits are purchased.
7. Care Credit Request Submission
All Care Credit requests must be submitted through the Tipsy client Hub. Clients are required to use the client Hub to access services, submit new requests, and monitor the status of ongoing tickets. Requests made outside the client Hub, including via email or other communication channels, will not be accepted or processed.
8. Access Requirements and Security
To perform maintenance tasks, customers must provide administrator-level access to their website. Failure to provide this access, or if the client changes or removes our access without canceling their plan, will result in an inability to provide services, and no refunds will be issued. It is recommended that a new user be created for the Tipsy team. In some instances, subscribers may provide their credentials, which will be submitted via an expiring link and stored in a hardened password manager with delegated access to only authorized personnel.
9. Data Collection and Privacy
Tipsy, its affiliates, and third-party software providers may collect analytic data and personal user information during the maintenance service. This information will only be shared on a need-to-know basis. Tipsy will never share or sell customer information to third parties. Data is stored in accordance with Tipsy’s Privacy Policy.
10. Limitations of Liability for Third-Party Software
Tipsy is not liable for issues arising from third-party software or plugins used on your WordPress website. Due to the variability of WordPress sites and possible unsupported software, Tipsy cannot be held responsible for any issues caused by the use or update of third-party software. In the event of a conflict, Tipsy will prioritize software required for maintaining the subscription, which may involve deleting or removing conflicting plugins or tools. Tipsy will not reinstall these plugins or tools if the subscription is canceled.
11. Customer Responsibilities
Customers are responsible for maintaining their subscription by keeping payment details up to date. If a payment method fails, subscribers will have 7 days to update it. If payment is not received within 7 days, the account will be paused and no services provided until payment is made in full. If payment is not received within 30 days of the renewal date, the subscription will be canceled, and all data, backups, and services will be terminated.
Customers are also expected to respond promptly to support requests. If no response is received within 48 hours, the support ticket will be automatically closed, and a new Care Credit will be required to reopen the request.
12. Communication and Notifications
Clients will receive weekly website reports that include updates performed, uptime statistics, speed and security scores, broken links, and basic site analytics. In the event of any major updates or changes to policies, Tipsy will make a best effort to notify subscribers 30 days in advance.
13. Modifications to Terms of Service
Tipsy reserves the right to update or modify these Terms of Service at any time without prior notice. However, we will make a best effort to notify subscribers 30 days before any changes take effect. Continued use of the service constitutes acceptance of these changes.
14. Termination and Refund Policy
Refunds are never provided, regardless of circumstance. Tipsy reserves the right to terminate a customer account for any reason, at any time. Upon termination, Tipsy will discontinue all services, and all data will be destroyed.
15. Arbitration
In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service, the parties agree to first attempt to resolve the matter through informal negotiation. If the dispute cannot be resolved informally, it shall be resolved by binding arbitration conducted in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, New York, and the arbitrator’s decision shall be binding and enforceable in any court of competent jurisdiction. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
16. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
17. Severability
If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or, if modification is not possible, severed from these Terms of Service, and the remaining provisions shall remain in full force and effect.
Last updated: October 17, 2024