These Terms & Conditions are between subscribers of the NerdPress service plans (“you” or “your”) and Why Watermelon, Inc. DBA “NerdPress” (“we” or “us”) and apply to the website specified in your subscription.
30-Day Satisfaction Guarantee & One-Year Commitment
We believe in having long-term relationships with our clients, as it best aligns our interests — we’re invested in your ongoing growth and success. Additionally, our initial setup and optimization for your site is time-consuming and laborious, but we do not charge any setup fees. Therefore, all our plans require a one-year minimum commitment.
New clients may cancel a subscription and receive a full refund by sending an email to [email protected] within the first 30 days of the initial one-year commitment.
Subscriptions will continue automatically on the payment schedule selected until cancelled. You may submit a request to cancel at any time, and we will not bill for future periods. However, after the first 30 days we will not issue refunds for past payments. If you are still within the one-year commitment period, you will be obligated to make payments for the remainder of the year.
You will be billed in accordance with the payment plan that you select. We offer both annual and monthly payment options. When you purchase your plan, you will set up automatic billing through whichever payment option you select.
Hey, We’re Human (AKA Limitation of Liability)
These subscription services are provided with a best faith effort; we’ll do our best to provide everything that we say we will. However, no system (or person) is perfect, and there is a chance, that something may go wrong (for example, backups may fail or be unavailable, your site may be hacked beyond repair, your site may go down, we may be unreachable, etc.).
If something does go wrong, we will do our best to fix it as quickly as possible. You agree not to hold us liable for any damages beyond the fees you have paid us for this service. In no event will we be liable to you for any lost profits, lost savings, or incidental, indirect, special, or consequential damages, arising out of your use of our services or the breach of this agreement.
The “Inner Peace” and “Zen Master” support plans include “Quick-Support Requests.” The idea behind Quick-Support requests is that we’ll help with those little questions that come up from time to time. They can include single questions or tasks, such as asking for a plugin recommendation, uploading a file to your server, tweaking a font size or other style setting, moving or adjusting widgets, and so on. If we anticipate a request will take longer than 15 minutes, we’ll let you know and we’ll go from there.
Quick-Support Requests cannot be combined into a larger project, do not “roll over” from month to month, and should take 15 minutes or less to complete (they’re supposed to be quick, after all). For larger projects, we’ll be happy to refer you to great developers we trust who can help you out.
Keeping your site’s software up to date is critically important for security — out-dated software is the most common way sites get hacked. If you are subscribed to the “Inner Peace” or “Zen Master” plan, we will take care of your WordPress core and plugin updates on a regular basis (typically about once a week).
Because updates can occasionally introduce new bugs, we generally do not run updates immediately upon availability (unless it’s for a critical security patch). Additionally, some WordPress and plugin updates could cause issues with other plugins and themes installed on your site. We are not responsible for any issues that may arise as a result of these updates, but we will do our best to identify any issues that arise and help fix them or restore your site from a backup.
Theme updates will be performed for minor (“point”) releases, but generally not for major releases.
If you are subscribed to the “Sleep Soundly” plan, it is your responsibility to keep your site up-to-date. Here is our recommended way to update safely.
Privacy & Security
In return, we ask you to use strong and unique passwords for your WordPress site, your hosting account, your email account, and other online accounts — and to never send passwords directly in email.
Our Commitment to Diversity, Equity, and Inclusion
Our services exist to help our clients achieve their goals by supporting them and their websites. As part of those services, we are committed to ensuring our clients are welcomed into a community that supports them. To that end, we will not work with or support sites that promote hate, racism, bigotry, abuse, child pornography, illegal activities, or that defame, abuse, or threaten others. If, in our sole discretion, we determine your website has violated our Diversity, Equity, and Inclusion Policy, we may immediately terminate our contract, remove and deactivate our services from your website, and refund any fees that you have prepaid but have not yet been used. We will not have any liability to you for any termination that occurs pursuant to this paragraph.
We make every effort to ensure that the information on this website is accurate; however, we can’t guarantee that there are no errors. Please remember that everything on the site has been provided for informational purposes only. You understand that if you use the information on the site, your results may vary.
Use of Our Services
Unless otherwise stated, we own all of the intellectual property and rights to the content we create, like our knowledge base, which you will receive access to as one of our customers. This information is provided for your personal use only and you may not share it with third parties.
Prohibited Use & Protecting Others
In order to protect NerdPress and the clients that we serve, we must have the flexibility to cease working with clients that violate our policies and terms. You may not use our services in any way that causes damage to either our website, our services, our other customers, or the property of any third parties. With that in mind, we reserve the right to terminate our agreement to provide you services at any time and for any reason, in our sole discretion. You agree we will not be held liable for any damages for invoking this provision, however, we will refund any amounts you have paid for services we have not rendered at the time of termination.
From time to time, we may recommend plugins or other materials that are created by third parties. We are not liable for any third-party services or content, regardless of the recommendation. Please make sure to research all third-party providers to make sure they are a right fit for you.
By completing your purchase, you consent to receive electronic communications from us, including any necessary legal notices. We will communicate with you through the email address you provided at the time of your purchase.
Our services are provided on an “as is” basis, which means that we are not making any representations or warranties, either express or implied. We cannot guarantee that our services will meet your requirements or that our website and service will never go down.
We are not responsible to you for any loss of content or material provided to us as part of the services.
An Occasional Revision
These terms of service were last updated on July 31, 2020. Your purchase and subsequent renewal of any subscriptions affirms your agreement to these terms. We reserve the right to change them at any time — but if they change substantively, we’ll let you know and give you an opportunity to opt-out by cancelling auto-renewal payments, and then continuing the remainder of your prepaid period under the previous terms.
The Legal Terms
You agree to indemnify and hold us harmless for any damages or lawsuits related to our services, unless they are a result of our negligence or intentional misconduct.
You cannot transfer this agreement to anyone else or to a different website without our permission. This agreement stays in place and need not be renewed. These terms represent our entire agreement. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document governed by the laws of the State of California and under exclusive jurisdiction of the Los Angeles County, California courts.
All notices with respect to these terms may be sent via email to [email protected].