User’s Acknowledgment and Acceptance of Terms
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).
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:
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 and Restore Overview:
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.
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:
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:
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:
The Security Services of this Agreement (Service Specifics)
The Development of this Agreement (Service Specifics)
What IS included in this agreement:
Posts, pages and products limitations:
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 firstname.lastname@example.org.
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.
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:
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.
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:
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.
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.
Contract or those services for any:
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.
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.
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.
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.