Wordify Terms of Service
Updated: November 1st, 2017
1.1 This Agreement represents the complete agreement and understanding between Wordify Pty Ltd ABN 53 622 218 071 (“Wordify”) and our customers, resellers and other users (each, a “Customer”).
2. Limitations of liabilities and warranties
2.1 By using these services, Customer agrees to be bound by the terms and conditions;
2.2 Customer agrees to indemnify and hold harmless Wordify from any loss, liability, claim, damage and expense arising from or related to Customer’s content or use of any services provided by Wordify. If Customer is not satisfied with these terms and conditions then Customer must discontinue use of our hosting services.
2.3 Wordify may revise these terms and conditions from time to time by posting a new version of this document on our website. Any new version of these terms will be effective immediately after posting. As such, users should consult this document on a regular basis to ensure that they are familiar with the most recent version. Any changes that constitute a material change will be notified to the Customer via posting a notification on this website and email to the Customer account email address
2.4 Wordify requires that all Customer agreements be made by a person who is qualified to contract. Accordingly, subscribers must be over the age of eighteen (18) years. Wordify cannot enter into contracts nor accept payments from persons who are not at least 18 years of age.
2.5 Wordify expressly disclaims all warranties of any kind, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by Customer from Wordify, its employees or associates or through their respective websites shall create any warranty not expressly stated in these terms and conditions.
2.6 Customer understands that no intellectual property rights are assigned to Customer in the use of a service provided by Wordify unless otherwise specifically contracted. Likewise none of Customer’s intellectual property rights are assigned to Wordify via the use of a service provided by Wordify unless otherwise specifically contracted.
3. Acceptable use
3.1 Wordify reserves the right to take action, including legal or suspension of or termination of a service, against a customer who interferes with the rights of another user online, or attempts to interfere with the smooth running of the internet or Wordify’s services.
3.2 Customer specifically agrees not to use Wordify’s service in any manner that is or may be construed as illegal, libelous, or in violation of any policy of Wordify or in breach of any of the terms and conditions of this Agreement. Transmission or publication of any information, data or material in violation of any federal or state/provincial regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade mark, trade secret, patent, statutory common law, other statute, or proprietary interest of others, or material that contains anything libelous, or any threatening or obscene material. Wordify reserves the right to remove any and all materials which, in Wordify’s determination, infringe these restrictions. Such materials will be removed at any time without notice upon Wordify receiving a complaint and or notice of copyright infringement.
3.3 Wordify does not tolerate SPAM. If Customer uses spam, unsolicited emails or message board posting, or any other similar method to promote anything , then we reserve the right to immediately suspend Customer’s access to our services.
3.4 Customer is solely responsible for securing Customer’s password and other access details. Customer is solely responsible for changing Customer’s password as required to assure secure access to Customer’s account. Customer is responsible for any misuse of Services, even if the misuse was committed by a friend, family member, guest, employee or customer with access to Customer’s Account or Services, regardless of whether it was with or without Customer’s consent.
3.5 Wordify reserves the right to refuse or discontinue service to anyone at our sole discretion upon 7 days written notice. Customer’s access to all or part of our services may be denied without notice if Wordify believes such action is warranted.
3.6 Customer agrees not to misuse the service to by placing an unreasonable or disproportionately large load on resources as determined by Wordify.
3.7 Customer agrees not to interfere with the service or attempt in any way to circumvent any infrastructure or security measures designed to limit the service or protect the service of other Customer’s.
4.1 Wordify will charge the Customer’s credit card on a monthly basis in arrears for providing agreed services. Payment by the Customer is due immediately on invoicing. Customer accounts that remain unpaid past seven (7) days may be suspended at Wordify’s discretion until payment is received. Wordify reserves the right to turn over outstanding accounts to a Collection Agency for collection.
4.2 Wordify may vary the fees it charges the Customer for services from time to time. Where a fee change affects an existing service the Customer will be notified 28 days in advance.
4.3 Wordify is not responsible for any additional costs incurred by the Customer as a result of charges including but not limited to bank fees, interest charges, finance charges, overdraft charges, currency exchange fees.
4.4 Customer acknowledges that if Customer does not wish to continue with the service, it is Customer’s responsibility to request cancellation of the service. Cancellation requests must be made by emailing the support team to request cancellation.
4.5 Promotional Credits issued to a Customer can be used to pay for Wordify services and can not be redeemed for cash or refunded. Promotional credits will expire 12 months after they are issued.
4.6 For billing purposes we determine Site Visits as the count of web server requests to your site in a 24 hour period from a unique ip address. Where possible we will filter out web server requests from common bots and web crawlers.
5.1 Wordify guarantees that the WordPress service will be available 99.9% of the month. Where your wordpress service is unavailable for more than .1% of the month you may request a pro rata refund. To request a refund a support ticket must be raised at the time of the outage to notify us of any issue and the refund request must be made within 30 days of the outage.
5.2 Wordify guarantees that support tickets will be responded to within the first 60 minutes from opening or we will add $5 credit to your account. Credit will be limited to 5 support tickets per month.
6.1 Customer is responsible for the conservation of the Customer’s data which is supplied to the Wordify services. To the extent possible by law Wordify will not be responsible for any loss of Customer data including but not limited to the primary WordPress hosting services or any backup services provided.
7.1 The laws of NSW, Australia govern this agreement.
7.2 Each party irrevocably submits to the non-exclusive jurisdiction of the courts of NSW, Australia
7.3 Each provision of this agreement will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.
7.4 Wordify may subcontract the performance of all or any part of Wordify’s obligations under this agreement.
8.1 Wordify may assign its interest under this agreement.
8.2 The Customer must not assign, in whole or in part, or novate the Customer’s rights and obligations under this agreement without the prior written consent of Wordify.