Terms and Conditions

Terms of Service

User’s Acknowledgment and Acceptance of Terms

Geekbears (“Us” or “We”) provides the geekbears.com website and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of May 1 2018. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site and services after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.


Description of Services.

We make various services available on this site including, but not limited to, WordPress maintenance, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the sites features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

Authorization

The User is engaging to us as an independent contractor for the specific task of running a regular maintenance, publishing and backup plan for the User’s WordPress website (the “Website”).

As part of this authorization, the User agrees to provide to us with access to the following:

  • FTP access username and password.
  • Access to the website’s hosting account.
  • Database user and password.
  • Username and password for a user with administrator access to WordPress interface.
  • API or account access for updating of premium plugins, frameworks and themes. Eg. Themeforest API.

The User also agrees to allow to us to install any plugins into their WordPress website as required by to us to provide the contracted services.

Official updates and communication with the User will be made via email and monthly newsletters.

What IS included in this agreement (The Services):

  • Backup & Restore (Service Specifics).
  • Maintenance (Service Specifics).
  • Security
  • Publishing (Service Specifics).
  • Support
  • The Backup & Restore Services of this Agreement (Service Specifics)
  • An SSL Certificate (Service Specifics).
  • A Github Repository (Service Specifics).
  • CDN (Service Specifics).
  • Website Caching (Service Specifics).

Backup and Restore Overview:

  1.   Secure backups of your entire website depending of the service agreed. We back up everything required (Site files and Database) to restore your website in full.
  2.   If your site crashes, we get it back online as quickly as possible.

What IS included in this agreement:

The backups of your entire website and database will depend on the service agreed.

The Backup versions are stored on a secure off-site server; we only keep the last complete version of the site stored.

Maximum total file size for entire website and database is 10GB.

If a crash or malware issue occurs at any time while the plan is active, we will work to get the User website back online as quickly as possible.

It is the responsibility of the User to keep their contact details current via the User Account page.

Please note: In the event of a crash, we will take every reasonable measure to ensure that your site is back online as soon as possible. There is no guarantee on how quickly we will have your website back online because every situation is different. In most cases, we have a website back online within 24 hours of the crash occurring.

The Maintenance Services and WordPress Update of this Agreement.

Maintenance services are completed by to us once every month. You will be notified by email once monthly maintenance has been completed.

A Geekbears plan is designed to maintain a User website in its current stable condition.

What IS included in this agreement:

To us provides basic comprehensive maintenance coverage for the User website:

We provide maintenance for the minor ongoing tweaks required to keep your site running.

Maintenance provided by to us may be capped at an hour per task, at Geekbears discretion.

Additional time required to fix the issue will incur the normal maintenance rate and permission to continue will be required by the User.

Our Plans

Essential Plan includes 1 small jobs per month.

Premium Plan includes 2 small jobs per month.

Enterprise Plan includes 3 small jobs per month.

We consider a “Small Job” a minor improvement or a new feature that takes less than 30 minutes.

Some examples include but are not limit to:

  • Add a favicon.
  • Swap out an old logo for a new one.
  • Change color or size of a font.
  • Add a new text to a page.
  • Add a new post to the page.

On every new request made by the User, our engineers will evaluate and notify the User if the requested task qualifies as a Small Job; in the case that the assignment will take us longer we’ll notify the User by email with the estimated rate to complete the request successfully.

Geekbears will not hold any responsibility if  the User using the WordPress administrador account breaks the site or creates any incompatibility by performing any modifications to the site including, but not limited to:

  • Installing any 3rd party plugins or themes.
  • Adding, modifying or deleting a page/post/product.
  • An alteration to the theme or plugin files.
  • Changes to the WordPress configuration.

On this cases, the restoration of the site is not included in any plan. However, we can perform the website restoration to a previous working version, but the user will need to cover the regular maintenance fee.

The WordPress Update is limited to:

  • A Plugin or theme issue that have been introduced during a software upgrade.
  • We will do a post software update review of each site looking for bugs or new issues. However, it is the sole responsibility of the User to notify to us of any new bugs, issues or problems requiring maintenance.
  • We will provide support for a website’s existing plugins until such time as they are no longer supported by the plugin author or compatible with any other part of the WordPress environment.
  • It is understood that in some cases, due to the changing nature of the internet, a bug being agreed to as fixed may not necessarily mean that everything will be identical to the way it was before. A bug being fixed is defined as: the issue/bug is no longer creating a usability or accessibility issue for users. The aesthetics are not a factor in a bug being marked as fixed, but we will always do our best to keep things looking as good as possible.
  • For the purposes of this document, a bug is defined as “an introduced error on the Users Website that negatively affects the user experience or the ability of a user to complete a required task.
  • Database optimization and repair to help keep your site running as fast as possible. WordPress core, WordPress Plugins, Theme Frameworks and WordPress Themes are kept current with the latest stable version.
  • Only commercial themes and frameworks that can be uploaded via the theme uploader and updated automatically within the wordpress administration interface are included in the updating service at the offered price. Themes and frameworks requiring special attention will incur the shop rate.
  • Websites must keep all customizations separate from files that are part of recurring software updates.  If User website code is overwritten due to a theme update to us will not be responsible in any way.
  • User is responsible for any payment of premium plugins or other purchases, such as SSL certificates, unless organized with us separately from this agreement. We don’t support plugins that are out of date because the new version was not purchased.
  • Spam purged to help keep your database running at top speed.
  • Post Revisions Cleaned Up.
  • Post revisions reduced to ten. This helps keep the database running optimally.
  • If a website goes off-line more than three times in any given month:
  • To us will, at its discretion, remove the website from the maintenance and compensation will be put on hold.
  • To us will give notice to the User that their website requires web development or security enhancements that are outside the scope of this Agreement and any work completed will incur the shop rate.
  • At the Users request, to us will provide a quote for any work necessary to get the website back to the standard required for inclusion in the maintenance plan.
  • Please note: The Services of to us are built to work best when websites adhere to current web standards, including but not limited to WordPress theme development standards and w3c html/css validation. All websites must continue to meet these requirements into the future while using a maintenance plan. Failure to do so may result in cancellation of the maintenance plan.

The Security Services of this Agreement (Service Specifics)

  • 24/7 Uptime Monitoring
    • The User is notified immediately of a website going off-line at their primary contact email address.
    • If the User is unable to be contacted, a message will be left and Us will proceed with getting the website back on-line on behalf of the User.
  • Security Scans for malware.
    • If there is a malware issue found the User will be notified and the problem will be dealt with the same as for a website crash.
    • Our security scans are an “as is” product and any extra security enhancements will incur the regular maintenance rate.
    • All themes and plugins not in use will be deactivated and deleted.
    • This will be completed during initial set up.
    • One fall-back theme will be kept.

Secure Logins

  • The admin username will be hidden from the public site and a suitable “Nickname” as chosen by the User will be displayed publically instead.
  • Users will be required to create strong passwords.
  • minimum 8 characters.
  • no real words or phrases.
  • must use at least one uppercase and one lower case letter.
  • must use at least one special character.

The Development of this Agreement (Service Specifics)

  • Web Publishing: Updating your website is incredibly easy. Enter your text, images, audio, video, etc into our online publishing request form or send us an email.
  • Content Management: Edit, revise, update or create new content on existing pages based on User request. We’ll manage the needs of your existing content on your website. “Content” is defined as a websites text, images, audio and video.

What IS included in this agreement:

  • On business hours we get your request done on the first 48 hours, but in some cases, it can take longer to complete, We’ll notify the User if the estimated time of completion is longer than expected.
  • Publishing and content management are considered “small jobs” so they are free if is included to the service for any tasks under 30 minutes (Essential Plan includes 1 small jobs per month, Premium Plan includes 2 small jobs per month, Enterprise Plan includes 3 small jobs per month.)
  • Changes to existing posts, pages or products each month are considered “small jobs” (Essential Plan includes 1 small jobs per month, Premium Plan includes 2 small jobs per month, Enterprise Plan includes 3 small jobs per month.)
  • New posts, pages, custom post types, recommended links or products added each month to the Users website are considered “small jobs” (Essential Plan includes 1 small jobs per month, Premium Plan includes 2 small jobs per month, Enterprise Plan includes 3 small jobs per month.)
  • We publish all posts, pages and products to the highest standard. All content published will include:
  • Photos optimized and resized for the web at 80% quality and maximum 1500px width.
  • Properly formatted W3C compliant html.
  • It is the Users responsibility to provide everything that they want to have included in their post or edits.

Posts, pages and products limitations:

  • a maximum of 3500 words.
  • a maximum of 15 images, documents, videos, audio files.
  • images may optionally be contained in a photo gallery if your theme permits it.
  • Product management fields are limited to price, weight, dimensions, colors, sizes, description, and one featured image.
  • A maximum of one video or audio item.
  • A maximum of ten internal or external links per page, post or product.
  • Video and audio embeds best practice is to be added via a third party service such as YouTube (video) or Soundcloud (audio). We are not responsible for adding your media to the third party services and will only add the embed code from these services.
  • If third party multimedia services are not used, we can upload video or audio files to your website and provide direct links to the files.
  • What is NOT included in this agreement:
  • We only publish e-commerce products that are WordPress plugins, not third party external services.
  • We only publish simple products as part of our base publishing plan, which means no product variations or complex product types. Specialized requirements available upon request.

The Support Services of this Agreement (Service Specifics)

We understand that websites need to be continually tweaked and updated with new features and improvements. Us provides support for minor features and improvements.

Support is available through your account at geekbears.com, which grants you access to a customer-only support system.

Support tickets can be submitted through the User Account page.

Support by email is available at support@geekbears.com.

Maintenance of existing website features is covered in the Maintenance section above.

Support for new minor features and improvements are considered “small jobs” as long as they are less than 30 minutes start to finish.

  • Examples of new features or improvements supported by Us:
    • Aesthetic improvements
    • Accessibility improvements
    • Security improvements
    • Adding a Google Analytics tracking code.
    • Installing and configuring  simple plugins / widgets.
    • Installing the WordPress SEO plugin by Yoast.
    • Adding a Favicon.
    • WordPress consulting.

Any jobs exceeding thirty minutes will be outside the scope of this agreement. An estimate will be provided to cover the work exceeding thirty minutes and once paid work will commence.

Geekbears monthly plans are offered “as is”, with no implied warranty or guarantee it will function exactly as you wish, or with all 3rd-party components and plugins.

We provide support for the Geekbears monthly plan, but we do not give priority to general WordPress® support, or offer advice about things which do not specifically relate to our Products or WordPress®.

Geekbears provides Users with comprehensive basic coverage for both maintenance and any minor new features required.

However, there are times when your website requires more significant web development than we provide and in these cases the User or a third party web developer may be hired to do the required web development. An example would be a complete website redesign, where a majority of the User website has been replaced with a new version.

Geekbears does not automatically support new web development by a third party on a User site. Any new web development is subject to the same standards that are required for acceptance into the Plan.

We will support new web developments once they are proven to be stable. They are proven to be stable when they meet the same requirements for a Users initial acceptance (see Services become void if below).

It is highly recommended that the User contact Us when any new web development is completed.  We will do our best to ensure that our services will not impact the new web development on User websites. We are not responsible for negatively affecting or overwriting new web development that is not completed in accordance with the Plans requirements (see below).

The Services provided become void if:

Over time or through new web development some websites may become unsuitable for the MainWP environment. A list of some, but not all, of the possible reasons for a website being found unsuitable and being rejected from the Geekbears monthly plan are:

A User plugin, theme or framework conflicts with the MainWP maintenance plugin.

User server will not allow cron jobs.

User website has WordPress core, Plugin or Theme files which cannot be updated without overwriting modified templates and losing customizations.

File / Server permissions.

Some Windows servers will need to set permissions manually through their hosting accounts File Manager to allow 775 so that we can upgrade WP.

The User website doesn’t follow best web practices and guidelines, such as current W3C standards and there are problems resulting from this non-compliance.

A User website’s total size exceeds 20GB.

What is NOT included in this agreement:

  1.   Domain management or services.
  2.   Website design, website redesign, website realignment or website re‐development, if the User requires those services, the User needs to contract a Development service from Geekbears.
  3.   Search engine optimization services.
  4.   CMS design or integration including but not limited to blogs, shopping carts and web forums.
  5.   Subdomains.
  6.   Customer or visitors Email support, management or maintenance.
  7. Anything not explicitly outlined in the list above titled “What is included in this agreement” is not included and shall incur the regular development rate.

The decision of whether a website is unsuitable for the Geekbears maintenance plan environment is completely at the discretion of Us.

The User will be notified of the issue and given the options to rectify the problem (if available). It is the Users responsibility to adhere to the requirements of the MainWP environment. Failure to adhere to the requirements will result in cancellation of the monthly plan for the User. If the User has paid annually a refund will be provided for the full months remaining in their payment period.

Compensation

You agree to compensate Geekbears, for the services described in the Plan above, once per month via automatic credit card withdrawal at the rate agreed to during checkout (the “Support Fee”).

In the event You fail to pay the Support Fee, Geekbears shall have the right to pursue any or all of the following remedies:

    • 1. apply a five percent (5%) service fee to all outstanding amounts;
    • 2. attempt to bill the account again;
    • 3. terminate this Agreement;
    • 4. immediately stop all works‐in‐progress or remove unpaid for material; and,
    • 5. commence legal action.

Additional Services:

  • Any revisions, additions, or redesign You request that Geekbears perform that is not specified in the Plan, shall be considered “additional services” and will require a separate agreement and additional payment. Geekbears shall advise You on any requested additional services that falls within these bounds.

Authorization:

You hereby authorize Geekbears to access their web hosting account (for access to the server via FTP) and wordpress administration, providing active user name / password combinations, assuring that ‘write permissions’ are in place on said hosting provider.

Support Fees are subject to change

Geekbears reserves the right, at any time, to modify or discontinue (temporarily or permanently); any of the services described in the Plan (or any part thereof), on thirty days notice to you. These changes are at the discretion of Geekbears and are a part of the ever evolving nature of the web and our desire to keep your website using the latest practices, services and products available. Support Fees are also subject to change on thirty days notice to you.

Non-Disclosure

Geekbears, its employees and subcontractors agree that, except as directed by You, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Likewise, You agree that it will not convey any confidential information obtained about Geekbears to another party. You shall not share, re-sell or attempt to share or re-sell the services described in the Plan, transfer or attempt to transfer this contract or permit any third party to use and/or access any information obtained from Geekbears for any purpose without prior consent of Geekbears.

Confidentiality

  1.  All confidential information of Geekbears or You or of any of our customers disclosed to or discovered by the other as a result of the provision of the services described in the Plan shall be regarded as disclosed in confidence and shall only be used in connection with the performance of its obligations under this contract.  Such information shall not be passed on to third party and/or in any way be made use of at any time either during or after the termination of this contract save with consent of the other or which comes into the public domain (otherwise than through the unauthorized disclosure by the other).
  1.   You shall promptly notify Geekbears if You become aware of a breach of confidence in relation to the services described in the Plan or this Contract and shall give Geekbears all reasonable assistance in connection with any proceedings Geekbears may institute against a third party at Geekbears’s expense. Geekbears may be required, in the course of maintaining domain names to provide registrars with current registrant information.

Privacy

 

  1.   Geekbears is committed to protecting your privacy. We and any of our associated companies may use the information you provide us to provide a more personalized service and to tell You about changes in our and their service or any new services which we think you will find valuable. If you object to any of these uses at any time, then please inform us by email at support@geekbears.com. We may also use such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these conditions.
  2.   We will not monitor, edit or disclose the content of Your information unless required to do so by law or in the good faith belief that such action is necessary to conform or comply with applicable law, to protect and defend the rights and/or property of Geekbears or to protect the personal safety of any of our Users or the public.

Disclaimer

  1.  If the services described in the Plan are or become unavailable, then the Geekbears will use reasonable measures to repair and reinstate those services within 48 hours of detection. If the failure is caused by You or any agent of You to whom access to Geekbears’s website was given then You shall pay all costs to reinstate and/or repair such services. Where such unavailability is due to the negligent failure of Geekbears to deal with circumstances within its control and is for more than a total of 24 hours in any 30 day period or for any 6 consecutive hour period then Geekbears will at its discretion either pay to You compensation limited to a refund of the fee paid by you for the unavailable services or provide you with a credit up to the same amount.

 

  1.   Neither Geekbears nor anyone else who has been involved in the creation, production or supply of the services described in the Plan or any Additional Services shall be liable to You or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the

 

Contract or those services for any:

 

    • economic loss of any kind whatsoever, or
    • loss of profit, business contracts, revenues or anticipated savings, or
    • damage to Your reputation or goodwill, or
    • loss resulting from any claim made by any third party, or
    • special, indirect or consequential loss or damage of any nature whatsoever, and You shall indemnify the Geekbears from and against any claim which may be made against Geekbears in respect thereof.
    • Geekbears shall have no liability for loss or damages arising from being prevented or delayed in or from performing any of the services described in the Plan or any of the Additional Services, due to circumstances beyond its control.  Such circumstances are, but shall not be limited to, governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency.

Termination:

You may cancel this contract at any time, by providing one month’s written notice to Geekbears, provided that payment is up‐to‐date. A pro‐rata refund will be given for any unused period of the advance payment greater than 30 days.

Geekbears also reserves the right to cancel this website maintenance agreement at any time, for any reason, without prior notification and will provide a cancellation notice either electronically or in writing sent to the address of record.

Governing Law:

This Agreement will be governed by and construed in accordance with the laws of the state of California and the laws of the United States of America applicable in that State and will be treated, in all respects, as an California contract.

Total Agreement:

Geekbears shall provide You with ongoing website and security maintenance to the web site within this contract.

During the duration of this contract, the You agree that Geekbears will be the sole provider of all maintenance and security services for Your website, and no other party will have access to or rights to make modifications to Your website database, plugins or files (other than as needed for regular content management), non-standard changes to the theme that could result in loss of edits, modifications that effect the core of plugins that could result in the loss of edits. If a party other than Geekbears makes changes to Your website, any errors that are created, that must be repaired, will be done so at Your expense.

This contract constitutes the sole agreement between Geekbears and You regarding this project. It becomes effective when You makes their first month’s payment and Your website meets the criteria for acceptance into the Plan described above. It is the spirit of this contract that this will be a mutually beneficial arrangement for You and the Geekbears. Specific details of our contract will be attached as Appendices A or B.

Relationship:

You and Geekbears are independent parties and nothing in this contract shall constitute either party as the employer, principal or partner of or joint venture with the other party.

By accepting this contract You waive and release Geekbears personnel and/or its representatives and successors from all claims or liabilities of any kind arising out of the Agreement.

Both the Geekbears and You agree to the terms of this contract based on the payment for services by You and the acceptance of payment by Geekbears.

Contact

Except as explicitly noted on this site, the services available through this site are offered by 2002 Addison St. Berkeley, CA, 94704. If you notice that any user is violating these Terms of Use, please contact us at support@geekbears.com