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Terms & Conditions

Tailwinds Networks LLC d.b.a WPConcierge agrees to make available this website and its services, subject to the terms listed on this page. You (the visitor or client of WPConceirge) agree to be bound by these terms as a condition of using this website or the services of WPConceirge. Please read these terms carefully and completely; they outline our relationship and provide the guidelines of how we will work together.

 

  1. Services. WPConceirge provides website hosting, management and update services for our clients. We have the right to change our service offerings at any time, unless we have agreed in a separate contract not to do so. You agree that WPConceirge may change the services made available, and you have the option to cancel your services at any time.
  2. Payment. WPConcierge charges a monthly subscription fee. Optionally, this fee may be paid annually. Annual purchasers may provide a check or ACH transfer to WPConceirge. All other customers must register a credit card on file.You agree to pay the charges for the plan you are on, and to not dispute or reverse legitimate charges made by WPConcierge. If we’re required to collect on your account, because of failure to pay or reversal/chargeback of your payment, we are entitled to collect attorney’s fees, court costs and collection fees.WPConcierge may change the price of its services at any time, unless we have agreed to a fixed term agreement or have otherwise promised in a separate agreement not to. If we change our prices, you will be informed no less than fifteen (15) days before the change takes effect.If you fail to make payment, or your payment is declined, reversed or charged back, we may terminate your account without warning.
  3. Client Cooperation. To complete our obligations, we may occasionally require your cooperation. This is especially important when migrating or modifying your site. You agree to cooperate with our requests within a reasonable time frame. If you do not, we may determine that your request is complete, without your approval. Repeated inability to gain your cooperation may result in refusal to provide services in the future. In general, requests that you make and we complete must be reviewed within 48 hours or they will be deemed accepted.
  4. Legal and Ethical Use of Service. You promise to use the service for legal activities and will not violate any law of the United States or your home jurisdiction while using the service. If we discover that you have violated the law, we may discontinue services immediately, without refund or warning, and we may also report the violation to the appropriate authorities.WPConcierge is a responsible company and as such, we expect our clients to show respect for all individuals in their actions as corporate citizens. We do not tolerate harassment, hate, bigotry, or discrimination of any kind, whether it may or may not be legal. As a private company, WPConceirge is permitted and will exercise discretion over what kinds of companies we choose to work with. WPConceirge reserves the right to determine whether or not your site is suitable for our business or brand, both at the outset of our engagement and while the engagement is ongoing.
  5. Warranty Disclaimer. WPCONCERGE DISCLAIMS ALL WARRANTIES INCUDING WITHOUT LIMITATION IMPLIED WARRANTIES SUCH AS THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, WPCONCERGE SHALL NOT BE RESPONSIBLE FOR ANY DEFECTS OR DISRUPTIONS TO THE WEB SITE CONTENT OR FUNCTIONALITY OF CLIENT’S WEB SITE. THERE IS NO WARRANTY THAT THE INFORMATION, WPCONCERGE’S EFFORTS, OR THE SYSTEM WILL FULFILL ANY CLIENT PARTICULAR PURPOSES OR NEEDS. ANY INFORMATION OR COMPUTER PROGRAM IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER.
  6. Liability Limitation. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, LOST DATA, WORK STOPPAGE, TECHNOLOGY MALFUNCTION, THE BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF EITHER PARTY HAS WARNED OR BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
  7. Indemification. Client agrees to defend, indemnify, and hold harmless WPConcierge and its directors, officers, its employees and agents from and against all claims, defense costs (including reasonable attorneys’ fees as they are incurred), judgments and other expenses arising out of the breach of the following covenants and warranties: (a) Client possesses full power and authority to enter into this agreement and to fulfill its obligations hereunder; (b) The performance of the terms of this agreement and of Client’s obligations hereunder shall not breach any separate agreement by which Client is bound; (c) The use, public display, public performance, reproduction, distribution, or modification of Client content does not and will not violate (i) the rights of any third parties including, but not limited to, copyrights, trade secrets, trademarks, publicity, privacy, and patents, or (ii) any provision of law.
  8. Law, Jurisdiction, Severability. This agreement must be governed and construed exclusively by its terms and by the laws  of the State of Maryland, without giving effect to its conflicts of laws provisions. The parties submit to the jurisdiction of and exclusive venue in the federal and state courts located in the State of Maryland. If any provision of this agreement is determined by a court having jurisdiction to be unenforceable to an extent, the rest of that provision and of the agreement will remain enforceable to the fullest extent permitted by law.
  9. Survival. Terms related to indemnifications, disclaimers, warranties and representations, liability limitations, preexisting work product, intellectual property, licenses, and promotion survive in full force and effect the termination of this agreement.
  10. Notices. You agree that notice may be provided to you via electronic mail (email) to the address you provided when you became a client. WPConceirge is not responsible for bounced emails; it is your responsibility to inform us should the email address on your account need to be changed.
  11. Data Security and Backups. WPConcierge may, as part of its services, offer backups and updates to the software running your website. Furthermore, WPConcierge will follow industry best practices for defending against and thwarting attacks against your website. WPConceirge shall not be liable for security intrusions or backup failures that result from occurances that go beyond industry standards.
  12. Customer Termination. Unless you have agreed otherwise, you may terminate your account at the end of your current billing cycle. Upon terminating your account, WPConceirge will provide an archive containing all data from your website. Should you require additional copies of your data, WPConceirge may charge an appropriate fee. If your website is larger than 2GB when archived, WPConceirge may charge the actual fees incurred in egressing your assets from our hosting providers. WPConcierge is not required or responsible to retain any data related to your website after the termination date, and may not be held responsible for destroying that data.
  13. Termination for Violations of Agreement. If you violate this agreement, WPConceirge may terminate your account at its discretion. If WPConceirge does so, it is not obligated to provide a copy of your data. If WPConceige is informed that your data violates the laws of the United States or any jurisdiction where WPConcierge is subject to compliance obligations, no data will not be returned.
  14. Termination for Inability to Provide Services. Should WPConceirge be unable to fulfill the services you have agreed to receive, we will notify you and terminate your account. We will provide your data as outlined in #12. If termination occurs in the middle of a billing cycle, WPConceirge will provide a refund of unused fees.
  15. Private Pricing & Terms. WPConcierge may supercede this agreement by agreeing to a private pricing or terms agreement. Should WPConceirge engage in such an agreement, that agreement shall govern your relationship with WPConceirge, and this agreement will have no force or effect. Unless agreed upon by both parties, this agreement will be the governing agreement between you and WPConcierge.
  16. Terms Subject to Change. These terms are subject to change at any time, with or without notice. WPConceirge reserves the right to change the terms of this agreement, and you agree to be bound by any updates. The latest terms and conditions will always be present on this page, along with the date they were last modified. If you disagee with the terms, as modified, you may discontinue your services with WPConcierge.
  17. Support. WPConcierge provides support, including answering questions about these terms and conditions, via email. You may contact WPConceirge at support@wpconcierge.com. WPConcierge is neither obligated nor required to provide support via any other communication channel.

These terms and conditions were last updates on August 29, 2024.