Terms of use

Terms of use of www.wodu.com.
Please read these terms of use carefully before using Our Service.
This policy was last modified on May 12, 2018.

Interpretation & Definitions

Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.

Definitions
For the purposes of these Terms and Conditions (please note: the following definitions shall have the same meaning regardless of whether they appear in singular or in plural):

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Wodu., 860 6th Ave S, Naples, FL, USA.
  • Country refers to: Florida, United States
  • Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
  • Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
  • Goods or Services refer to the items and services offered for sale on the Service.
  • Orders mean a request by You to purchase Goods from Us.
  • Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
  • Service refers to the Website.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Terms and Conditions (also referred to as “Terms” and “Terms of use”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Wodu., accessible from www.wodu.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

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Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

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Placing Orders for Goods or Services

By placing an Order for Goods or Services through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information
If You wish to place an Order for Goods or Services available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and if applicable, Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods or Services availability
  • Errors in the description or prices for Goods or Services
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors, and Inaccuracies
We are constantly updating Our offerings of Goods or Services on the Service. The Goods or Services available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods or Services on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.

Payments
Payment can be made through various payment methods we have available, such as Visa, MasterCard, Discover, and American Express. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay of Your Order.

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Subscriptions


Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (monthly, annually, biannually, or triannually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.

You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds
Except when required by law, paid Subscription fees are non-refundable.

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Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

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User Accounts

When You create an account with Us, You must provide Us information that is 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 on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use 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 trademark 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.

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Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

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Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

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Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

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General Refunds Policy

  • All sales are final.
  • We do not offer refunds for any reason, including you performed the Services yourself, you no longer need the Services completed, you no longer wish for us to provide the Goods or Services.
  • In all cases, your purchased Goods or Services will be held as a credit on your account.

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Web Hosting Cancellation Policy

A cancellation will only be accepted if it is done by the following method:

  • Login to your Wodu Media account panel and go to the hosting service you wish to cancel. Click the “Cancellation” button and fill out the form.
  • All account cancellations must be received in the above manner at least fifteen (14) days in advance of the date of renewal. Accounts cancelled with less than fifteen (14) days’ notice shall be cancelled at the end of the next term and shall be charged accordingly.
  • When a cancellation request is made, Wodu Media will immediately remove all configuration information as well as all contents of the account on the date of the next renewal of the account. A customer may request immediate cancellation if so desired. Upon cancellation, Wodu Media will remove all files, which may include unread e-mail left on the server.

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Fix WordPress Issues Refund & Service Policy

The following policies are applicable to our WordPress Ticket service only.

  1. If we attempt to but cannot fix your WordPress issue, we will refund your payment.
  2. We do not offer refunds for any other reason, including: you fixed the issue yourself; you no longer need the issue fixed; you no longer want the issue fixed; you submitted a multi-step/complex WordPress fix which is not definable as one issue and therefore not covered by this service; you did not read our terms and conditions. In these cases, your support ticket will be held as a credit for a future fix with no exceptions.
  3. If we diagnose that your website has been hacked, this will be considered the full usage of a WordPress support ticket, as diagnosing and locating hacked code is in itself a professional service.
  4. This service is not available for web developers or marketing companies.
    Phone, live chat, or screen-share support is not included with this service, however, you may purchase a block of retainer time to schedule such a call.
  5. With this service, we cannot accommodate requests to work on your site at a specific time of day. If you are concerned about us troubleshooting your website during business hours, we can clone your website to our development server.
  6. Examples of issues not covered by this service include:
    • Any interaction with 3rd party API or service, e.g., Infusionsoft
    • AWS Amazon Web Services Issues
    • Hacked Website Issues
    • Responsive website CSS for a whole page or website
    • Any task that requires RDP / Remote Desktop
    • Any task that requires FTP access
    • Any task that requires MySQL access
    • Any task that requires adjusting DNS settings
    • Payment Processor (Authorize.net, Stripe, TSYS, et al) issues and debugging
    • Localhost/LAMP/MAMP tasks
    • Website cloning & website migration
    • Complex Woocommerce issues or creating new products
    • Adding functions (search, widget, new layouts, etc)
    • Plugin conflicts
    • Theme or plugin bugs (especially known, unfixable known bugs)
  7. We reserve the right to not accept an issue that we feel is not a good fit for this service.

If we do take a task with any of the above issues, providing you with the diagnosis of the issue will be considered the full usage of a WordPress support ticket, as diagnosing and locating advanced issues is in itself a professional service.

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Retainer & Hourly Billing Policy

  • All sales are final.
  • We do not offer refunds for any reason, including you performed the work yourself, you no longer need the work completed, you no longer wish for us to complete the work.
  • The number of hours purchased will be stored as a time credit in your account. If you exceed this time balance the overage will be collected by our automated system daily at the agreed-upon hourly rate, billed in one (1) hour increments. For example, if you purchased one hour of time at a rate of $150 and the project takes 2.5 hours, you would be billed for an additional two (2) hours of time ($300).

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WordPress Management Cancellation Policy

  • All WordPress Management Packages are a 12-month contract that will automatically renew on a month to month basis at end of the term.

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WordPress Speed Optimization

  • All sales are final.
  • We use Pingdom Tools to benchmark and measure website performance. While our best effort will be made to get good scores on other tools, you understand and agree that we will only use Pingdom Tools for our reports.

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Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

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Chargeback/Payment Dispute Policy

  • If you run a chargeback against our company our accounting department will vigorously defend it.
  • You agree that we are no longer obligated to perform the services you charged-back, even if we win the chargeback. The time we would have spent on your project will be spent on the chargeback.
  • You agree that we will immediately revert/cancel/terminate the service(s) previously paid for by the fee which you have disputed.

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Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

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Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

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“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

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Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

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For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

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United States Federal Government End Use Provisions

If You are a U.S. federal government end-user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

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United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

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Severability and Waiver

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

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Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

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Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

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Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

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