By using, and/or any of our products or services (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). You will be presented with this information on the Checkout page. Ordering via any other method also binds you to these Terms of Service.

The Updaters reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.

Service Terms

You must be 13 years old or older to use the Service
You must be a human. Automated uses of the Service are prohibited.
You must have the legal right to make decisions on behalf of your company, corporation, or business concerning any of their web sites and other IT resources.
You are responsible for maintaining the security of your account- mainly protecting your username and password.
You are responsible for all Content posted and activity that occurs under your account. You are responsible for any changes made to your web site by others acting on your behalf, if any.
You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
By using the Service, The Updaters has the right to place a link to web assets on your site. This typically means that we may put a link written as “We’re using The Updaters” on the footer of your site near your copyright statement.

Payment, Refunds, and Account Type Terms

A valid credit or debit card is required to use the service.
You will be billed monthly for the Service. The Service is a subscription.
Refunds will be given during the first 30 days of the Personal Maintenance, Business Maintenance, and Business Plus Maintenance subscription plans unless you have chosen a service contract to receive these services at discounted rates.
If you have purchased any portion of the Service that includes a 12 month service contract, you will continue to be billed for the remainder of your contract, regardless of whether or not you use the service or have requested a cancellation.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
The Personal Maintenance plan includes 1 update per month, the Business Maintenance plan includes 4 updates per month and the Business Plus Maintenance plan includes up to 15 updates per month. Additional updates are $60 each, or you may choose to update to the Business or Business Plus plan instead. We will notify you in the case of you going over your limit, rather than charging you an extra $60 without your consent.

Cancellation and Termination of the Service

The Updaters has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other service, for any reason at any time.

You are solely responsible for properly cancelling your account. If you cancel the Service before the end of your currently paid for month, your service will continue until the end of the month and you will not be charged again (unless you have a 12 month service contract). You are free to cancel your account at any time. If you have purchased any portion of the Service that includes a 12 month service contract, you will continue to be billed for the remainder of your contract, regardless of whether or not you use the service or have requested a cancellation.

If you cancel your subscription with The Updaters, you will not be eligible to repurchase or reactivate any maintenance services for the cancelled site for a period of 6 months, unless you pay a one time $100 account reactivation fee. This is due to the high cost of setting up and establishing maintenance services and/or hosting for any particular site.

Changes to the Service and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to and/or emailing you. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Privacy Policy

You agree that you have read, agree with, and understand our privacy policy.

Right to Refuse Service

The Updaters reserves the right to refuse to do business with you. We have the right to terminate your services and give you any applicable refunds, at any time and for any reason. This may occur if we determine that your web site or product or IT resources or IT needs require an extraordinary amount of effort on our part. We will try to negotiate a more suitable compensation arrangement before we terminate our relationship and services.

Website Makeover

We reserve the right to refuse to offer you this service and refund you any money paid for this service. This may happen if we deem your existing site ineligible for the makeover due to its content, platform, or custom programming and integrations.

For any makeover ordered, we reserve the right to build your new site on any technology platform we deem most appropriate. Usually, this will be the WordPress content management system. WordPress allows us to perform your updates more efficiently, and also allows you the potential to easily add blogs, forums, and other features to your new site. WordPress runs seamlessly on most hosting plans.

Non-payment for hourly or project based work

In the event that you agree to have The Updaters perform project or hourly-based work on your site, and then fail to pay for completed work within a reasonable amount of time, we reserve the right to disable your site until payment is rendered in full.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

We occasionally make mistakes. The Service is not automated, but performed by human technicians.

If you have purchased any portion of the Service that includes a 12 month service contract, you will continue to be billed for the remainder of your contract, regardless of whether or not you use the service or have requested a cancellation.

You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Top Web Solutions customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

The Updaters do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that The Updaters shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of The Updaters to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The Updaters and govern your use of the Service, superceding any prior agreements between you and The Updaters (including, but not limited to, any prior versions of the Terms of Service).

You agree to settle any legal disputes with The Updaters through binding arbitration and/or mediation at an appropriate location to be agreed upon by yourself and The Updaters.

Contact us if you have any questions about these Terms of Service. Last updated 20th July 2012.

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