Terms of Service

Updated 2/20/2016

The following document outlines the terms of use of the Elsie Gilmore dotcom website.

Before using any of the WP Maintainer services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.

Acceptance Of Terms

The web pages available at elsiegilmore.com and all linked pages (“Site”), are owned and operated by Elsie Gilmore. (“Ms. Gilmore”) and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which govern our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

Description Of Service

The Site is an online service offering design, development and maintenance packages to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content Ms. Gilmore makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Ms. Gilmore. Ms. Gilmore reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.

Ms. Gilmore’s monthly update service does not include support for multi-site WordPress installations.

Registration

As a condition to using Services, you are required to open an account on this website and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account.

Services are available only to individuals who are at least 18 years old.

Release and Indemnity

You hereby expressly and irrevocably release and forever discharge Ms. Gilmore, her affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Ms. Gilmore, her affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your account or username and password, or (iii) any violation of any rights of a third party.

Limitation of Liability

In no event shall Ms. Gilmore be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

Intellectual Property

Ms. Gilmore’s intellectual property may not be used in connection with any product or service without her prior written consent.

Support Requests and Monthly Support Time

Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please e-mail guru@elsiegilmore.com or create a ticket.

Support requested shall be invoiced in 15 minute increments. Developer support and customization hours is billed at an additional $75.00 per hour, per request.

Up to 72 hours response time on non-emergency requests. Emergency or rush requests may be subject to a rush surcharge of $25/hour.

Nature of Requests

Requests should fall within the following categories.

  • UI troubleshooting (HTML, CSS, Javascript)
  • Styling elements with CSS
  • Content Population & Image Manipulation
  • Creation of basic graphics (e.g. buttons, banners, etc.)
  • WordPress consulting (pick our brains)
  • Optimization of CSS, Javascript and Images
  • Theme/plugin audits
  • Plugin installation and implementation

Examples of requests not meeting approval for monthly development time:

  • Website redesign
  • Landing page design
  • Custom plugin development
  • Custom theme development
  • Search marketing/SEO services

Termination & Cancellation

Cancellation can occur at anytime after your first 2 months (60 days) of service.

Ms. Gilmore may terminate or suspend any and all Services and/or your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you must Contact me with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You can contact me through the contact page or support area to issue a termination request.

Change

Ms. Gilmore reserves the right, at her sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Ms. Gilmore will notify you by posting an announcement on the site. What constitutes a material change will be determined at Ms. Gilmore’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Ms. Gilmore in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Ms. Gilmore shall not be liable for any failure to perform her obligations hereunder where such failure results from any cause beyond Ms. Gilmore’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Ms. Gilmore may transfer, assign or delegate the Terms and her rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Florida between two residents thereof, and the parties submit to the exclusive jurisdiction of Florida courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.