Przejdź do treści
0
0

Devikit Care Terms of Service

These General Terms and Conditions of Service (hereinafter: Terms) govern the use of the Devikit Care subscription service offered by Devikit LLC (devikit.co.uk). Please read these Terms carefully before placing an order. Purchasing a subscription constitutes full acceptance of these Terms.

1. Definitions

The following terms used in these Terms have the meanings set out below:

  • Service Provider – Devikit LLC, 30 N Gould St, STE R, Sheridan, WY 82801, USA, EIN: 30-1484571, e-mail: care@devikit.co.uk, website: devikit.co.uk.
  • Client – a sole trader, legal entity or other organisation with legal capacity that has entered into an agreement for the Devikit Care service.
  • Devikit Care Service (hereinafter: Service) – a monthly technical care subscription for a WordPress website, covering the activities specified in the purchased Plan.
  • Plan – a variant of the Service defining the detailed scope of activities and price, as described at devikit.co.uk/care.
  • Website – the WordPress installation designated by the Client and covered by the Service.
  • Subscription – the automatically renewing monthly contractual relationship between the Client and the Service Provider, entered into upon purchase of the Service.
  • Billing Period – the monthly period commencing on the date the Subscription is paid or renewed.
  • Business Day – any day from Monday to Friday, excluding public holidays in Poland.
  • Ticket – an e-mail sent by the Client to the Service Provider’s address, concerning a technical issue or a request to carry out activities within the scope of the Service.
  • Outage – a state of complete or severe stoppage of the Website, preventing its normal use.
  • Bug – a malfunction of the Website that does not fully block it but materially limits its functionality.
  • SLA – Service Level Agreement defining the guaranteed response times described in section 8.
  • Access Credentials – logins, passwords and tokens enabling the Service Provider to carry out work on the Website.
  • Parties – the Service Provider and the Client collectively.

2. Scope of the Devikit Care Service

Devikit Care is a monthly technical care service for a WordPress website. Under the Subscription, the Service Provider carries out the activities specified in the selected Plan, published at devikit.co.uk/care.

The standard scope of the Service may include:

  • regular updates of WordPress, the theme and plugins;
  • creating and storing backups of the Website;
  • monitoring Website availability;
  • resolving Outages and Bugs reported by the Client;
  • minor configuration and maintenance tasks specified in the Plan.

Unless the Plan expressly states otherwise, the Service does not include:

  • creation of new pages, graphics or content;
  • development and design work beyond Website maintenance;
  • support for systems other than WordPress (e.g. external CRM systems, custom applications);
  • actions resulting from interference by the Client or third parties that damages the Website;
  • Website migration to another hosting provider or domain change, unless separately agreed.
  • unused development work hours do not carry over to the next billing period – they expire at the end of the period in which they were available;

The Service Provider reserves the right to update the scope of the Service in accordance with the rules set out in section 13.

3. Agreement and Subscription Terms

The service agreement is concluded upon successful payment of the Subscription by the Client through the payment system available at devikit.co.uk.

The Subscription is concluded for an indefinite period and renews automatically each month without any additional action by the Client. The Service Provider may send a reminder e-mail before each renewal.

The Client is required to provide accurate data when purchasing and to provide the Service Provider with the Access Credentials necessary to deliver the Service, no later than 3 Business Days after the agreement is concluded. The Billing Period starts regardless of when the Access Credentials are provided.

One Subscription Plan covers one Website. Care for each additional Website requires a separate Subscription.

4. Payments

The Subscription fee is charged in advance, on a recurring monthly basis, from the Client’s payment card or via another method available through the payment system at devikit.co.uk. By making a purchase, the Client agrees to automatic recurring charges for the duration of the Subscription.

Current prices for individual Plans are published at devikit.co.uk/care and are quoted in British Pounds (GBP) net of VAT. The service is subject to UK reverse charge VAT rules. As a non-UK established supplier, VAT is accounted for by the UK business customer under the reverse charge mechanism.

In the event of a failed payment (e.g. expired card, insufficient funds), the Service Provider will attempt to charge again. If the retry also fails, the Service Provider will notify the Client by e-mail. If the outstanding amount is not settled within 7 days of the first failed attempt, the Service will be suspended until payment is received or the Subscription is cancelled.

Invoices are issued based on the data provided by the Client at the time of purchase and sent to the specified e-mail address.

5. Cancellation and No-Refund Policy

The Client may cancel the Subscription at any time by sending an e-mail to care@devikit.co.uk or by using the option available in their account at devikit.co.uk. Cancellation takes effect at the end of the current Billing Period – the Service is fully provided until that date.

Fees paid for the current Billing Period are non-refundable. The Service Provider does not refund amounts for any unused portion of the period, regardless of the reason for cancellation. However, the Client is not obliged to continue the Subscription for subsequent periods and may cancel at any time without giving a reason.

This service is provided exclusively to business customers (B2B). It is not available to consumers.

The Service Provider may cancel the Subscription with effect at the end of the Billing Period, giving the Client at least 14 days’ notice. In the event of a serious breach of these Terms by the Client, the Service Provider has the right to terminate the agreement immediately without refunding the fee for the current period.

6. Service Provider Obligations

The Service Provider undertakes to deliver the Service with due diligence, in accordance with current technical knowledge and the scope defined in the selected Plan.

In particular, the Service Provider undertakes to:

  • respond to the Client’s Tickets within the timeframes set out in section 8;
  • keep Access Credentials confidential and not disclose them to third parties, except in cases described in section 7, point 5 and where required for proper delivery of the Service (e.g. contacting the hosting provider);
  • inform the Client of any work that may cause short-term unavailability of the Website;
  • keep the Client informed of the status of ongoing Tickets.

The Service Provider does not guarantee 100% Website availability. Website availability is affected by factors beyond the Service Provider’s control, in particular the quality of hosting services, cyber attacks and failures of external infrastructure.

7. Client Obligations

The Client undertakes to:

  • pay the Subscription on time;
  • provide the Service Provider with complete and up-to-date Access Credentials necessary to deliver the Service;
  • use strong passwords for all accounts associated with the Website (WordPress admin panel, hosting, FTP/SFTP, database);
  • promptly inform the Service Provider of any changes to the Access Credentials;
  • refrain from making independent changes to the Website that could hinder or prevent the delivery of the Service, without prior notice to the Service Provider;
  • hold valid licences for all plugins and themes installed on the Website, or separately agree with the Service Provider on their purchase.

The Client acknowledges that transmitting Access Credentials in an unsecured manner (e.g. via unencrypted e-mail) is done at their own risk. The Service Provider recommends using one-time password sharing tools.

If the Client authorises the Service Provider to share Access Credentials with a plugin or theme vendor to resolve a specific technical issue, the Service Provider may do so without requiring separate confirmation each time. Once the work is complete, the credentials will be changed.

8. Service Level Agreement (SLA) and Response Times

All Tickets are accepted exclusively by e-mail at care@devikit.co.uk. The Service Provider does not handle Tickets by phone, social media or messaging apps.

The response time for a Ticket is up to 24 business hours from receipt. Business hours are 7:00-15:00 Central European Time (CET/CEST, UTC+1/UTC+2) on Business Days. Tickets received outside business hours or on non-working days are treated as submitted on the next Business Day.

Response time is defined as the first reply from the Service Provider confirming that the Ticket has been accepted. Automated acknowledgement messages do not constitute a response within the meaning of these Terms.

The time to resolve a Ticket depends on its type and complexity. The Service Provider will make every effort to resolve Outages within 1-2 Business Days, and other Tickets within a timeframe agreed with the Client.

The SLA does not cover: interruptions caused by hosting providers, failures of external network infrastructure, force majeure events (e.g. natural disasters, civil unrest, pandemics, governmental decisions), or situations where Website unavailability results from actions by the Client or third parties.

9. Limitation of Liability

The Service Provider’s liability for damages suffered by the Client is limited to cases of proven fault by the Service Provider and shall not exceed the fees paid by the Client for the last 3 Billing Periods preceding the event giving rise to the claim.

The Service Provider shall not be liable for:

  • data loss caused by hosting failures, hardware errors or third-party actions;
  • consequences of using outdated software no longer supported by the vendor;
  • indirect damages, loss of profits, loss of contracts or other non-material losses;
  • actions or omissions of third parties, including hosting providers, payment operators, plugin and theme vendors;
  • consequences of independent changes to the Website by the Client or third parties;
  • interruptions in Website availability caused by circumstances beyond the Service Provider’s control.

Restoring the Website from a backup may result in the loss of changes made after that backup was created. The Service Provider shall not be liable for such data loss.

10. Data Protection

The controller of the Client’s personal data is Devikit LLC (EIN: 30-1484571). Personal data is processed solely for the purpose of concluding and performing the agreement and issuing accounting documents. Further details on purposes, legal bases, Client rights and retention periods are set out in the Privacy Policy available at devikit.co.uk.

11. Contact and Communication

All communication between the Parties takes place exclusively by electronic means, at the e-mail address: care@devikit.co.uk. The Service Provider does not provide telephone support or consultations via social media.

The Client should send Tickets and enquiries directly to the above address. The Service Provider will make every effort to respond to queries about the Service within the timeframe set out in section 8.

Correspondence sent to other addresses or via other communication channels may go unread or unanswered, which shall not constitute a breach of these Terms by the Service Provider.

12. Termination

The agreement terminates at the end of the Billing Period in which the cancellation of the Subscription by either Party became effective.

After termination, the Service Provider shall, within 7 Business Days from the end of the last Billing Period:

  • remove its Access Credentials from the Client’s Website;
  • remove or withdraw licences for software purchased by the Service Provider on behalf of the Client, unless the Parties agree otherwise;
  • delete the backups of the Website stored by the Service Provider.

The Client may request early removal of Access Credentials; however, this does not give rise to a claim for a refund of the fee for the unused portion of the current Subscription period.

13. Changes to the Terms

The Service Provider reserves the right to amend these Terms. The Client will be notified of any change by e-mail at least 14 days before the change takes effect.

If the Client does not agree with the proposed changes, they may cancel the Subscription before the changes take effect. Failure to cancel within that period constitutes acceptance of the new provisions.

The Client will be notified of changes to Plan prices at least 30 days in advance.

14. Final Provisions

This agreement is governed by Polish law. The parties shall seek to resolve disputes amicably.

The invalidity or ineffectiveness of any provision of these Terms shall not affect the validity of the remaining provisions.

Matters not regulated by these Terms are governed by applicable Polish law.

Devikit Care is a service provided exclusively to business customers (B2B). It is not available to consumers.

The current text of the Terms is always available at devikit.co.uk/devikit-care-terms-of-service/.