Complete Terms of Service Agreement

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By purchasing services from halfCreative Consulting, you agree to be bound by the following terms and conditions:

SERVICE DESCRIPTION

half-creative.com is an online maintenance and support service exclusively for single-site WordPress installations. Services include, but are not limited to, any and all services listed publicly on half-creative.com or offered privately to each individual client.

AUTHORIZATION

You are engaging half-creative.com, as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorizes half-creative.com access and “write permissions” to all directories and files of your account with half-creative.com or any other third party hosting provider.

COPYRIGHT

half-creative.com does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.

PROMOTIONS

Promotional offers are not cumulative.

PRICING & PAYMENTS

All prices appearing on this site are subject to change without notice. Once a client of half-creative.com (halfCreative), you authorize half-creative.com to charge the payment method you submitted for all the invoices generated for the services rendered by half-creative.com (halfCreative). In order to change your payment method, simply contact support prior to your payment’s due date.

CANCELLATION & REFUNDS

Cancellation of any monthly recurring service can occur at anytime after your first 1 month (30 days) of service.
Refunds for all other products and services offered by half-creative.com (halfCreative) are available in full only 72hr immediately after purchase. No Refunds are available after your purchased package or service has been started unless otherwise specified in any authorized promotional materials and marketing campaigns.

REFUSAL OF SERVICE

half-creative.com (halfCreative) reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

LIMITATIONS OF LIABILITY AND INDEMNIFICATION

Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services. Limited Warranties.
No Other Warranty.
half-creative.com does not monitor or exercise control over the content of the information transmitted through its servers. Use of the services or any information that may be obtained therefrom is at customer’s own risk. The services are provided on an “as is” basis, and customer’s use of the services is at its own risk. Except as provided in the order form(s), half-creative.com, does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. half-creative.com does not warrant that the services will be uninterrupted, error-free, or completely secure. Disclaimer of Actions Caused by and/or Under the Control of Third Parties.
half-creative.com does not and cannot control the flow of information to or from half-creative.com’s network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inaction’s of such third parties can impair or disrupt customer’s connections to the internet (or portions thereof). half-creative.com cannot guarantee that such events will not occur. Accordingly, half-creative.com disclaims any and all liability resulting from or related to such events. Delays and Interruptions
half-creative.com shall not be liable for any loss of data resulting from delays, corruption of data, nondeliveries, misdeliveries or service interruptions. Customer shall be solely responsible for the selection, use, and suitability of the services, and half-creative.com shall have no liability therefor. Except to the extent of half-creative.com’s gross negligence or willful misconduct, neither half-creative.com nor its network services supplier will be liable for unauthorized access to half-creative.com’s or customer’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of customer’s data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of half-creative.com’s or its network service supplier’s negligence. Indemnification.
Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilized in connection with any of the Services (but excluding any infringement contributory caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify half-creative.com and its affiliates against any Losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse half-creative.com (halfCreative) and its affiliates for all legal expenses, including reasonable attorneys’ fees, incurred by half-creative.com and its affiliates in connection with any such Losses. Consequential Damages
Except for the parties’ indemnity obligations, in no event will either party be liable or responsible to the other for any type of incidental, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise. Acceptance Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. half-creative.com (halfCreative Consulting) reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties. Please contact us with any questions regarding the half-creative.com terms of service by email [email protected]

1.             Terms and Conditions:

The following terms and conditions govern all use of the websites, content, services, features, applications and products made available by or through half-creative.com (halfCreative, Us, We, Our). Our services include website support, hosting, migration, development, repair, monitoring, security, migration, performance audit, and performance optimization (taken together, the Services).

The term “you” or “your” as used in this Agreement shall at all times include the individual and any company on whose behalf an individual accesses the Sites and Services.

The Sites and Services are offered subject to your acceptance without modification of all of the terms and conditions contained in this document, Our Privacy Policy, and any terms and conditions which you clicked-through when submitting a Service Request (defined below) and are collectively referred to as this Agreement.

Please read this Agreement carefully.  By accessing or using any part of the Site and Services, you agree to become bound by the terms and conditions of this Agreement.  If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Sites and Services.  If these terms and conditions are considered an offer by Us, acceptance is expressly limited to these terms.

By accessing or using any part of the Sites and Services, you represent that you are of legal age to form a binding contract with Us and you have the power, authority and legal right to enter into this Agreement personally or on behalf of any company you indicate when submitting a Service Request and to perform the obligations in this Agreement, and that your use of the Sites and Services will not infringe or misappropriate the intellectual property rights of any third party.

2.             User Accounts

You may subscribe to Our Services by signing or submitting an online Service Request (the Service Request) provided on the Sites and by submitting selections for additional services or features within your user account (individually and collectively a Service Request).  By submitting the Service Request you warrant and represent that all registration information is true, accurate, current and complete.  You agree to notify Us immediately of any changes in your registration information and any unauthorized use of your username and passwords.

As a condition of using the Services, you are required to open an account with Us and select a username and password, and to provide registration information on the Service Request.  You are solely responsible for maintaining the confidentiality of your username and password, and you agree to accept responsibility for all activities that occur under your username and password.  You agree that you are solely responsible for any losses arising out of the unauthorized use of your username and passwords.

In order to provide Services, We may require you to provide login credentials (Login Credentials) including without limitation FTP, SSH, registrar, hosting, control panel, or CMS and you agree to provide your Login Credentials upon Our request.  We maintain secure processes and procedures to collect and maintain Login Credentials and You agree to submit Login Credentials only through Our approved processes and procedures.  We will keep Login Credentials received through our approved processes and procedures confidential and will disclose them only to Our employees and Agents as necessary to provide the Services.  You agree to immediately inform Us of any changes to your Login Credentials.  You agree to accept the risk of loss arising, proximally or otherwise, out of your actions to disclose Login Credentials to Us through any method other than our approved processes and procedures and from your failure to immediately advise Us of any changes to your Login Credentials.

We reserve the right in Our sole discretion to refuse to issue accounts, suspend or terminate accounts, or otherwise restrict access to the Sites and Services for any reason, including without limitation if we deem your use or proposed use of the Sites and Services to be in violation of our Terms of Service.  We do not provide Services to websites that contain adult content.  Adult content includes pornography, erotic images, or otherwise lewd or obscene content or subject matter. The designation of “adult content” is left entirely to Our discretion.

3.             Terms and Conditions of Service

We provide a broad spectrum of website tech support, security, maintenance, performance optimization, hosting and migration services.  When you submit a Service Request, you may be required to specify the level of Services you wish to purchase.  As a condition of using the Sites and Services, you agree to the following:

• The Services shall be limited to those selected by you and specified on the Service Request.  If you would like to receive additional Services, you must submit a separate Service Request and pay the then-current fees for each additional Service.
• Your use of the Services may result in minor service interruptions of your website.
• Your use of the Sites and Services is subject to reasonable use.  If a Service expressly includes an unlimited feature, the term “Unlimited” is also subject to reasonable use.  We reserve the right to terminate or suspend your access to any and all Sites and Services if we determine, in Our sole discretion, that your use of the Sites and Services is unreasonable.
• We are not responsible or liable for your choice of any third party service providers, including without limitation your choice of website host.  You acknowledge that we have no control over such third party service providers and you agree that their services may limit the performance, stability, security, and overall experience of ownership of your website.
• You agree to immediately inform Us of any change in your choice of third party service providers, including without limitation your choice of website host, and you agree to accept the risk of loss arising, proximally or otherwise, out of your failure to do so.
• If you select Services in your Service Request that expressly state that backups of your website are included in the Services, We will provide backups of your website per the terms of your Service Request.  If backups are not expressly stated in the Services selected in your Service Request, you acknowledge that you are solely responsible for backing-up all of your content and websites.  Unless expressly stated in the Services selected in your Service Request, (i) We do not back-up any of your content or websites (ii) You agree to maintain current back-ups of your website and (iii) you agree to accept the risk of loss of any and all of your content and websites arising, proximally or otherwise, out of your failure to do so.
• We provide the Services consistent with industry standard best practices; however, there are inherent risks to all website related services, such as the Services.  Although ancillary damage rarely occurs, you acknowledge this inherent risk and you agree that we are not responsible and We are not liable for any loss of use, data or profits, or for any business interruptions however caused while you are using the Services.
• Website security is a continuous endeavor and requires routine and vigilant protection against constantly changing and new malicious attacks.  We provide the Services consistent with industry standard best practices, but We do not guarantee that (i) the Services will eliminate the possibility of infection or re-infection of your website, (ii) your website will operate perfectly after application of the Services, (iii) all defects or errors on your website can or will be corrected, (iv) any security software or updates provided through the Services are free from short-term or long-term side effects, (v) updates generated by third parties can or should be applied to your website (some third party upgrades may force the need for additional modifications to your website that are beyond the scope of the Services specified in your Service Request), (vi) updates generated by third parties are error free, will not cause service interruptions, or will not require ancillary maintenance.
• You agree that your use of or behavior with your website, including your use of weak passwords, can jeopardize your website security.  You acknowledge and agree that you are solely responsible and liable for any security vulnerabilities caused by or in connection with or arising out of your behavior with your website, including without limitation, your use of weak passwords.
• Like website security, maintaining website performance is a continuous endeavor and requires routine and vigilant updates.  Website performance is impacted by any number of factors, including without limitation web traffic, content, infrastructure, third-party hosting providers, third-party plugins, developers, CDN, web application firewalls, changes you make to your website outside of the Services, etc., and incompatibilities may arise among any and all of these factors.  We do not guarantee that (i) the Services will be the only optimizations necessary for your website, (ii) you will not have to alter your website content to increase your website performance, (iii) the Services will prevent future reductions in website performance, (iv) the Services will remove all incompatibilities between third party resources, (v) your current choice of third party resource providers will be compatible or compliant with the Services, (vi) your current website hosting service can support your website at optimal performance, and (vii) that the Services will increase your website speed to a specific speed grade (A-F).
• If you are located in a European Economic Area member state, this paragraph applies only to you.  We are the data controller for your personal data submitted with your Service Request (e.g. contact information, credit card number). For all other personal data you submit through your use of the Sites and Services, we are the data processor Where We are the data processor, We will endeavor to use such personal data only as instructed by you and not for any other purpose.
• You agree that We may identify you as a client and link to your website, as an example of Our work, for marketing to other potential clients.

4.             Third Party Resources

The Sites and Services allow you to link to, install or utilize certain third party resources or third party resources may contain links to the Sites and Services.  The third-party resources are provided “AS IS” and governed by their own terms of service and privacy policies as set for by the third parties that provide them.  Because We have no control over such third party resources, you agree that We are not responsible or liable for and We do not endorse the services or features provided by these third-party resources you choose to link to, install or utilize or that contain links to the Sites and Services.  You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any third party resources.

5.             Payments

By submitting a Service Request you agree to pay Us the one-time, monthly or annual subscription fees indicated for your selected Services.  Payments will be charged on a pre-pay basis on the day you submit Service Request and will cover the use of the Services for the one-time, monthly or annual subscription period as indicated.

Unless you notify Us before the end of the applicable monthly or annual subscription period that you want to cancel Services, your Services subscription will automatically renew and you authorize us to collect the then-applicable monthly or annual subscription fee for your selected Services (as well as any taxes) using any credit card or other payment mechanisms we have on record for you. Services can be canceled at any time in your user account or by requesting cancelation in writing by emailing [email protected] prior to your next service renewal.

If your fee for Services is payable in recurring installments, you agree to pay such installments on the date and by the payment method indicated on your Service Request.  In the event you fail to make an installment payment, you agree that the remaining fees shall become immediately due and payable and you hereby authorize Us to collect the remaining fees (as well as any taxes) using any credit card or another payment mechanism We have on record for you.

6.             Refunds

Purchases of Services may be canceled within 24 hours of submitting Service Request, provided that we have not provided the Services or provided any partial Services (the Cancellation Period).  After the Cancellation Period, all fees are nonrefundable, except as specifically stated in this Agreement.

If We cancel your Services for any reason other than for your breach of this Agreement, including but not limited to your breach of our published rules, policies, procedures, terms and conditions, we will refund a prorated portion of your one-time, monthly or annual subscription fee.

If We determine, in our sole discretion, that We cannot provide the Services, we will refund the full amount of your one-time, monthly, or annual subscription fee.

7.             Termination

We reserve the right to terminate or suspend your access to any and all Sites and Services at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate this Agreement or your access to the Sites and Services, you may do so by contacting Us.  All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability

8.             Intellectual Property

This Agreement does not transfer from Us to you any of Our or any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Us.  halfCreative, half-creative.com and all content included in the Sites and Services, such as text, graphics, page headers, logos, button icons, scripts, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website and all other trademarks, service marks, service names and any other intellectual property used in connection with the Sites and Services are the sole and exclusive property of halfCreative, or Our licensors and are protected by United States and international copyright and trademark laws.  Other copyrights, trademarks, service marks, graphics, and logos used in connection with the Sites and Services may be the trademarks of other third parties.  Your use of the Sites and Services grants you no right or license to reproduce or otherwise use any of Our or third-party copyrights or trademarks.

9.             Use of Sites and Services

You may not use the Sites and Services to promote adult content.  Adult content includes pornography, erotic images, or otherwise lewd or obscene content or subject matter. The designation of “adult content” is left entirely to Our discretion. You may not use the Sites and Services to violate any local, state or federal law or regulation.  In particular, you may not violate laws prohibiting: copyright, patent, trademark or trade secret infringement, misuse or misappropriation;, distribution of child pornography, child erotica, non-consensual sex acts or bestiality; illegal gambling; defamation, harassment or libel; false advertising; slander or transmission of malicious code or to gain access to other networks.  Further, you may not use the Services in connection with any content that we reasonably believe: promotes, incites or threatens violence; contains harassing content or hate speech; is defamatory or violates a person’s privacy; infringes on another person’s copyright, trade or service mark, patent or other property right; constitutes illegal arms trafficking; or, is likely to result in retaliation against Our system, network or employees, including behavior that results in a server being the target of a denial of service attack.  You may not verbally, either orally or in writing, abuse Our staff.  What constitutes a violation of this section will be determined by Us in our sole discretion.

10.         Changes

We may modify this Agreement from time to time.  If we make changes that are material, we will let you know by posting an announcement on the Sites.  What constitutes a material change will be determined by Us in our sole discretion.  If you disagree with our changes, then you should stop using the Sites and Services.  Your continued use of the Sites and Services will be subject to the new Agreement.  However, any dispute that arose before the changes shall be governed by the Agreement (including the binding individual arbitration clause) that was in place when the dispute arose.

11.         Indemnification

You agree to indemnify and hold Us and our affiliates, directors, officers, agents, and employees harmless from any claim, demand, or expenses, including attorneys’ fees, arising out of your use of the Sites and Services, your violation of this Agreement, or your violation of any rights of another, including without limitation, your violation of the intellectual property rights of another.

12.         Disclaimer of Warranty

The Sites and Services are provided on an “AS IS” and “AS AVAILABLE” basis.  We make no representations or warranties of any kind, express or implied, as to the operation of the Sites, the effectiveness of the Services, or the information, content, materials, or products included with the Sites and Services.  You expressly agree that your use of the Sites and Services are at your sole risk.  To the full extent permissible by applicable law, We disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement.  In no event shall We be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages (including, but not limited to, damage to your person or property, computer systems, devices, or websites, procurement of substitute goods or services; loss of use, data or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of your use of the Sites and Services, even if advised of the possibility of such damage.

13.         Limitation of Liability

In no event shall We be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the subject matter of this Agreement.  In no event shall We be liable for any amount that exceeds the fees paid by you to Us under this Agreement during the six (6) month period prior to the cause of action.  We shall have no liability for any failure or delay due to matters beyond Our reasonable control.

In no event shall We be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of a third party attack on Our computer systems or the loss or theft of data from Our computer systems.

14.         Governing Law

This Agreement, constitutes the entire agreement between Us and you concerning the subject matter of this Agreement, and it may only be modified by a written amendment signed by an authorized executive of Ours, or by the posting by Us of a revised version.  Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Sites and Services will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnomah County, Oregon.

15.         Arbitration

Any controversy or dispute arising out of or relating to this Agreement, or the breach of this Agreement, shall be resolved by arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association (AAA) and judgment upon the award rendered by the arbitral tribunal may be entered in any court having competent jurisdiction.  The arbitration tribunal shall consist of a single arbitrator mutually agreed by the parties, or in the absence of an agreement within 30 calendar days from the first referral of the dispute to the AAA, designated by the AAA.  The place of arbitration shall be Multnomah County, Oregon, U.S.A.  The arbitral award shall be final and binding.  The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived.  Each party retains the right to seek judicial assistance (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information, and (iv) to enforce any decision of the arbitrator, including the final award.

16.         Waiver and Severability

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any portion of this Agreement is held to be illegal or unenforceable, that portion will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

17.         Assignment

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions.  We may assign our rights under this Agreement without condition.  This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.