Before using any of the Hog The Web services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.
Last Updated June 6th, 2016
Acceptance Of Terms
Description Of Service
The Site is an online service offering 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 Hog The Web 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 Hog The Web. Hog The Web 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.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge Hog The Web, its 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 Hog The Web, its 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 Hog The Web Username and password, or (iii) any violation of any rights of a third party.
Limitation Of Liability
In no event shall Hog The Web 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.
Hog The Web, hogtheweb.com and other Hog The Web LLC graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of Hog The Web. Hog The Web’s intellectual property may not be used in connection with any product or service without the prior written consent of Hog The Web. The images and icons available in the Hog The Web Press Kit may used by partners and third party sites in connection with providing appropriate links to the Hog The Web Site.
Support Requests & Monthly UpKeep Service Plan Support Time
Each request that falls outside of the regular UpKeep Service Plan is subject to a one (1) hour minimum fee. Developer support and customization hours is billed at an additional $59.00 per hour, per request.
Up to 48 hours response time on non-emergency requests. Requests are subject to approval by assigned agent or Hog The Web management. Emergency or rush requests may be subject to a rush surcharge of $59/hour.
The UpKeep Service Plans include any work that maintains your current site functionality. This includes malware/virus scans and removal, restoring site from backups, WordPress, theme, or plugin software updates, and bug fixes. Bug fixes that take more than 1 hr will be billed at the above hourly rate.
Any development work that adds new functionality to your site, updates design or layout, or adds new content are NOT included in the UpKeep plan, and are billed at our hourly rate.
Nature of UpKeep Requests
Covered requests should fall within the following categories.
- Styling elements with CSS that have broken or changed unexpectedly
- 404 or 403 error messages
- Malware/Virus infections
- Hacking Intrusions
- WordPress, Theme, or Plugin Software Updates
- Backup restoration
If you’re unsure about the whether or not a request meets these criteria, then contact us and we will inform you if it falls under the UpKeep Service Plan or hourly billing.
Examples of requests not meeting approval for UpKeep Service Plan time, which would instead be billed hourly:
- Website redesign
- Landing page design
- Custom plugin development
- Custom theme development
- Search marketing/SEO services
- Content Population & Image Manipulation
- Creation of basic graphics (e.g. buttons, banners, etc.)
- WordPress consulting (pick our brains)
- Theme/plugin audits
- Plugin installation and implementation
WordPress Multi-site Installations (WPMU)
WordPress Multi-site is a less common type of WordPress installation that allows you to have multiple different sub-sites that share some of the same software and database. Example:
Due to the nature of how all these subsites are interconnected, we cannot provide UpKeep service for just one subsite. All software and database updates will affect all sites simultaneously, so we have to support them all. However, because each site has it’s own unique configuration, theme, users etc. we must still manually review each sub-site for issues after each batch of updates.
To account for the additional time required for these types of sites, there is an additional fee of $10/month per subsite for our service plans. We hope you can understand the need for this reasonable add-on fee considering the additional time required.
Termination & Cancellation
Cancellation can occur at anytime, by either party. You’re never required to stay with us – in fact, we’d prefer you have the option to leave if you’re unhappy with our service and give us feedback on how we can serve you better.
Hog The Web may terminate or suspend any and all Services and/or your UpKeep Service Plan 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 Hog The Web UpKeep Service Plan, you must Contact us 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.
Hog The Web reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Hog The Web will notify you by posting an announcement on the site. What constitutes a material change will be determined at Hog The Web’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.
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 Hog The Web 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. Hog The Web shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Hog The Web’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. Hog The Web may transfer, assign or delegate the Terms and its 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 Michigan between two residents thereof, and the parties submit to the exclusive jurisdiction of Michigan 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.
Except for the parties’ indemnity obligations, in no event will either party be liable or responsible to the other for any type of incidental, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.
Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. Hog The Web reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.