Support Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SUPPORT SERVICES OFFERED BY VERACITY TECHNOLOGIES LLC. (“VERACITY”). BY USING THE SUPPORT SERVICES IN ANY MANNER, OR BY SIGNING OR SUBMITTING THE WRITTEN OR ONLINE ORDER FORM TO WHICH THESE TERMS AND CONDITIONS RELATE (THE “ORDER FORM”) (AS APPLICABLE) YOU OR THE ENTITY YOU REPRESENT (“CUSTOMER”) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.
This document is an extension of our existing Terms and Conditions.
1 – Services: Customer represents and warrants that it has ordered support services for the product described in the order form.
2 – Support: So long as the support agreement remains in effect, all applicable fees have been timely paid for each support period and Customer remains in compliance with this Agreement, Veracity will use reasonable commercial efforts to provide the support services. Customer will agree to submit Support requests to Veracity via the support portal.
3 – Add-On Services: Subject to the terms and conditions described in this Agreement, including Customer’s payment of all applicable fees, if Customer has chosen one or more additional services on the order form, then Veracity shall use reasonable commercial efforts to provide such services.
4 – Fees and Payment: Fees for the base support plan, upgraded support plan, and add-on services are as set forth in the current Order Form. Pricing is valid for twelve (12) months from the date of the initial order. Invoices will be sent from PayPal® on or around the 15th day of each month. Payment is due in full in United States currency by the first business day of each month. Services will be terminated for non-payment after the 6th day.
5 – Termination: This Agreement shall commence as of the day of Order Form submission and receipt of first payment (“initial term”). Following the Initial Term, this Agreement shall renew on the first of each month unless Customer cancels the automatic PayPal® agreement.
6 – Access: Customer agrees to give Veracity Technologies LLC Administrative access to Customer’s WordPress installation. Veracity shall install the ordered management plugins so that it can provide the contracted services.
7 – Limitations: The WordPress Maintenance Services offered by Veracity are only applicable to self-hosted WordPress web sites and not those WordPress sites hosted by wordpress.com. The size of the Customer’s WordPress database must not exceed 10 megabytes or extra charges may apply. The total compressed size of a Customer’s WordPress backup file must not exceed 20 megabytes or extra charges may apply. Veracity Technologies will notify Customer if file sizes are excessive.
8 – Theme Maintenance: Veracity can only provide updates to themes that have not been customized. If your theme has been customized, then you will be required to order a child theme service so that we can update the base theme. If you are using a Premium Theme, then you must supply Veracity with the appropriate credentials to obtain theme updates.
9 – Plugin Maintenance: Veracity can only provide updates to plugins installed from the WordPress repository. If you are using a Premium Plugin, then you must supply Veracity with the appropriate credentials to obtain plugin updates. We will only update 20 plugins on each site. If you are using more than 20 plugins, this could impact your site performance and we will advise you as such.
10 – Warranty Disclaimer: All products, Support Services, Add-On Services and any other services are provided “as is” and without warranty of any kind from anyone, including without limitation, any warranty of merchantability or fitness for a particular purpose or non-infringement, all of which are hereby expressly disclaimed. Further, Veracity does not warrant results or freedom from bugs or uninterrupted use.
11 – Limitation of Liability: Notwithstanding anything else herein or otherwise, and except for bodily injury due to the gross negligence, or willful misconduct of Veracity, neither Veracity nor any of its suppliers or licensors shall be liable or obligated with respect to the subject matter hereof or under any contract, negligence, strict liability or other legal or equitable theory (i) for any amounts in excess in the aggregate of the fees paid to it hereunder with respect to the applicable product or service during the six month period prior to the cause of action; (ii) for any cost of procurement of substitute goods, technology, services or rights; (iii) for any incidental, consequential or punitive damages; (iv) for interruption of use or loss of data; or (v) for any matter beyond its reasonable control. The products and services are not designed, manufactured, or intended for use in hazardous environments requiring fail-safe performance where the failure of the product could lead directly to death, personal injury, or significant physical or environmental damage. The parties agree that this section represents a reasonable allocation of risk and that Veracity would not proceed in the absence of such allocation.
12 – Identification: Veracity may use Customer’s name and logo in client listings. Veracity may issue a press release announcing the relationship contemplated hereby; Customer shall have the right to approve such press release prior to publication, which approval shall not unreasonably be withheld.
13 – Miscellaneous: The parties shall be independent contractors under this Agreement, and nothing herein shall constitute either party as the employer, employee, agent, or representative of the other party, or both parties as joint venturers or partners for any purpose. Neither this Agreement nor any Support is assignable or transferable by Customer (and any attempt to do so shall be void); Veracity may assign and transfer any rights and/or obligations. The provisions hereof are for the benefit of the parties only and not for any other person or entity. Any notice, report, approval, authorization, agreement or consent required or permitted hereunder shall be in writing or by email; notices shall be sent to the address (physical or email) the applicable party has or may provide by notice or, if there is no such address, the most recent address (physical or email) the party giving notice can locate using reasonable efforts. No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder preclude further exercise.
If any provision shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this arrangement shall otherwise remain in full force and effect and enforceable.
This agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Indiana and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act. These Terms & Conditions, together with the Order Form, the Add-on Services Terms, and any other terms and conditions referenced herein are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter hereof ; however, any preprinted or standard terms of any purchase order, confirmation, or similar form, even if signed by the parties after the effectiveness hereof, shall have no force or effect. Any waivers by the parties with respect to this Agreement must be made in writing.
Other than pricing changes (covered under Section 4), Veracity may amend this Agreement at any time by giving sixty (60) days prior notice to Customer via email (as provided in the Order Form) and/or a notice posted on our homepage; provided that any such amendment shall not be effective until the commencement of first Renewal Term to follow such notice. In the event of a conflict between these Terms & Conditions, the Order Form, or the Add-on Services Terms, the following order of precedence shall apply: (1) the Order Form; (2) these Terms & Conditions, and (3) the Add-on Services Terms. Each party’s acceptance of this Agreement was and is expressly conditional upon the other’s acceptance of the terms contained in the Agreement to the exclusion of all other terms. The substantially prevailing party in any action to enforce this agreement will be entitled to recover its attorney’s fees and costs in connection with such action.
As defined in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR section 252.227-7014(a)(5) or otherwise, all Products and accompanying documentation provided by Veracity are “commercial items,” “commercial computer software” and/or “commercial computer software documentation.”