Terms of Service
Welcome to WPFitter. These Terms of Service (“Terms”) govern your use of our website, services, and WordPress plugins. By accessing or using our services, you agree to be bound by these Terms. Please read them carefully.
1. Acceptance of Terms
By accessing or using WPFitter’s website, services, or plugins, you agree to comply with and be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.
2. Description of Services
WPFitter provides the following services:
- WordPress Development Services: Custom theme development, plugin development, website customization, and technical implementation
- Maintenance & Support: Ongoing website maintenance, updates, security monitoring, and technical support
- Free WordPress Plugins: Open-source plugins available through the WordPress.org repository
- Consulting Services: WordPress expertise, technical advice, and project planning
3. User Accounts and Registration
When you create an account or engage our services, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your account credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
4. Service Agreements and Payments
Development Services
For custom development work:
- Project scope, timeline, and pricing will be outlined in a separate project agreement
- Payment terms will be specified in the project agreement (typically milestone-based or hourly)
- Changes to project scope may result in additional charges
- Final deliverables will be provided upon completion of payment
Maintenance Services
For ongoing maintenance services:
- Services are billed on a recurring basis (monthly or as agreed)
- Either party may terminate the agreement with 30 days’ written notice
- Unused hours or services do not roll over to subsequent billing periods unless otherwise specified
Payment Terms
- All fees are in USD unless otherwise specified
- Payment is due according to the terms specified in your service agreement
- Late payments may be subject to suspension of services
- We reserve the right to change our fees with 30 days’ notice for recurring services
5. Free WordPress Plugins
Our free WordPress plugins are provided under open-source licenses (typically GPL v2 or later):
- Plugins are provided “as is” without warranty of any kind
- You may use, modify, and distribute the plugins according to the license terms
- We are not responsible for any issues arising from plugin use or modifications
- Support is provided on a best-effort basis through WordPress.org forums
- We may discontinue or modify plugins at any time without notice
6. Intellectual Property Rights
Our Property
All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of WPFitter or its licensors and is protected by copyright and other intellectual property laws.
Client Work
For custom development work:
- Upon full payment, you receive ownership of the custom code created specifically for your project
- We retain the right to use general techniques, methodologies, and non-proprietary code in future projects
- Third-party components (plugins, libraries, frameworks) remain under their original licenses
- We may showcase completed work in our portfolio unless a non-disclosure agreement specifies otherwise
7. User Responsibilities and Prohibited Activities
You agree not to:
- Use our services for any illegal or unauthorized purpose
- Violate any laws in your jurisdiction (including but not limited to copyright laws)
- Transmit any malicious code, viruses, or harmful components
- Attempt to gain unauthorized access to our systems or other users’ accounts
- Interfere with or disrupt the integrity or performance of our services
- Use our services to send spam or unsolicited communications
- Impersonate any person or entity or misrepresent your affiliation
- Scrape or harvest data from our services without permission
8. Warranties and Disclaimers
Professional Services
For paid development and maintenance services, we warrant that:
- Services will be performed in a professional and workmanlike manner
- Work will substantially conform to agreed-upon specifications
- We will correct any defects in workmanship at no additional charge for a reasonable period (typically 30-90 days) after delivery
General Disclaimer
EXCEPT AS EXPRESSLY PROVIDED ABOVE, OUR SERVICES AND PLUGINS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WPFitter shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability shall not exceed the amount paid by you for the specific service in question during the 12 months preceding the claim
- We are not responsible for data loss, business interruption, or loss of profits
- We are not liable for issues arising from third-party services, hosting, or plugins not developed by us
10. Indemnification
You agree to indemnify, defend, and hold harmless WPFitter and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney’s fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any rights of another party
- Content you provide or actions you take using our services
11. Termination
We reserve the right to suspend or terminate your access to our services:
- For violation of these Terms
- For non-payment of fees
- For conduct that we believe is harmful to other users or our business
- At our discretion, with or without notice
Upon termination, you must cease all use of our services. Provisions regarding intellectual property, warranties, liability, and indemnification shall survive termination.
12. Refund Policy
Refunds are handled on a case-by-case basis:
- Development Services: Refunds may be provided for unperformed work according to milestone agreements
- Maintenance Services: Pro-rated refunds may be available upon cancellation if requested within 7 days of billing
- No Refunds: Once work has been delivered and accepted, refunds are generally not available
13. Third-Party Services and Links
Our services may integrate with or link to third-party services (hosting providers, payment processors, etc.):
- We are not responsible for the availability, accuracy, or content of third-party services
- Your use of third-party services is subject to their respective terms and conditions
- We do not endorse or assume responsibility for any third-party services
14. Confidentiality
We respect the confidential nature of your business information:
- We will maintain the confidentiality of any proprietary information you share with us
- For sensitive projects, we can execute a separate Non-Disclosure Agreement (NDA)
- We will not disclose client information to third parties except as required by law or as necessary to provide services
15. Updates and Modifications
We reserve the right to modify these Terms at any time:
- We will notify you of material changes by email or through our website
- Continued use of our services after changes constitutes acceptance of the modified Terms
- If you do not agree to the changes, you must discontinue use of our services
16. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
Any disputes arising from these Terms or our services shall be resolved through:
- Good faith negotiation between the parties
- If negotiation fails, binding arbitration in accordance with [Arbitration Rules]
- The prevailing party shall be entitled to recover reasonable attorney’s fees
17. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet service failures.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and WPFitter regarding the use of our services.
20. Contact Information
If you have any questions about these Terms of Service, please contact us:
- By email: [email protected]
- Through our contact form: Contact Page
Note: These terms of service are provided as a template and should be reviewed by a qualified attorney to ensure they adequately protect your business interests and comply with applicable laws in your jurisdiction. Consider customizing sections like governing law, dispute resolution, and specific service terms to match your actual business practices.