1. User’s Acknowledgment and Acceptance of Terms
1.1 IE Manzhosova E.I. (“Us” or “we”) is registered in Republic of Armenia with registration number 23382844, and registered and trading office at 72/2 Tigran Mets Avenue, Erevan, Armenia, 0018.
1.2 We provide the VitalWP Care® site at https://vitalwpcare.com/ (the “Site”) and all related services including our WordPress maintenance, support and development plans (the “Plans”) and hourly rate work or ad hoc fixes (collectively, the “Services”) to you, the user, subject to all the terms, conditions, and notices contained or referenced herein (the “Terms”), but excluding any terms you seek to unilaterally impose or incorporate, or which are implied by law, trade custom or course of dealing. By using our Site or our Services, you agree and accept these Terms. For the avoidance of doubt, if we have any other written agreement with you and there is inconsistency or conflict with that agreement and these Terms, that agreement shall have priority.
1.3 In addition, when using particular services or materials on this Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms.
1.4 We therefore recommend that you please read these Terms carefully before using this Site as they affect your rights and liabilities under the law and the basis upon which we will provide our Services, whether you use the Site as a registered user or guest. By using the website or subscribing to any Plan, you accept the Terms and agree to obey them. If you don’t accept them, please don’t use the Site or purchase any of the Services.
1.5 The date on which these Terms become effective is listed above, but we expressly reserve the right to change these Terms from time to time without notice to you by amending and publishing them on the Site. You acknowledge and agree that it is your responsibility to review this Site and these Terms from time to time and to familiarise yourself with any modifications. Your continued use of any Service after such modifications, will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.
1.6 As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Services.
1.7 If you are entering into this Agreement on behalf of a Company or other legal entity, any acceptance of these terms will be considered a representation by you that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you may not proceed.
1.8 You accept and agree that your use of the Site and/or the Services is for business and commercial purposes only. You hereby warrant that you will not use the Site and/or the Services for personal use.
2. Description of Site and Services
2.1 You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
2.2 We reserve the sole right to either modify or discontinue the Site, including any of the Site features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that increase or enhance the then-current services on this Site shall also be subject to these Terms.
2.3 Our Site is available free of charge to use but you only have permission for temporary use of the Site, and we can withdraw or change our service at any time without telling you and without being legally responsible to you.
2.4 If you allow anyone else to use our Site, you must make sure that they read these Terms first, and that they follow them.
2.5 We make reasonable efforts to ensure that all general descriptions of the Services available from us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
3. Billing Terms for Maintenance Plans, Ad Hoc Services and Dev & Content Quote Services
3.1 Maintenance Plans
All Plans are billed on a 30 day cycle (monthly) subscription payment (unless otherwise agreed in writing), this applies to Blog Plan, Entrepreneur Plan, Small Business Plan and Company Plan.
3.2 Ad Hoc Services
Ad Hoc Services such as our Rescue Me, Rebrand Me, Transfer Me, E-commerce Me, Speed Me Up are one-time purchases without a rolling monthly commitment. These Services must be paid for up front, unless agreed otherwise in writing.
3.3 Hourly Rated Work
Dev Quote & Content Quote services provide development and content fixing work quoted on an hourly basis. These services are customizable to the client’s needs, with pricing based on the time required to complete the tasks.
4. Registration Data and Privacy
4.1 In order to access some of the Services on this Site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
4.2 You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms.
4.3 If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
5. Conduct on Site and use of Services
5.1 You must:
- cooperate with us in all matters relating to the Services; and
- provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.
5.2 Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
5.3 We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate.
5.4 We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
5.5 In addition, you may not use your account to breach the security of another account or attempt to gain unauthorised access to another network or server. Not all areas of the Site may be available to you or other authorised users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
5.6 You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Third Party Sites and Information
6.1 This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
7. Intellectual Property Information
7.1 For purposes of these Terms, “Content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.
7.2 All Content included on the Site, unless uploaded by you or another user, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of us, our affiliates or other relevant third parties. By continuing to use the Site you acknowledge that such material is protected by applicable Isle of Man and international intellectual property and other laws.
7.3 By accepting these Terms, you further acknowledge and agree that all Content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use the Content as expressly authorised by us or the specific Content provider or user. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
7.4 Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
7.5 All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of VitalWP Care® or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of VitalWP Care® or its Affiliates.
8. Unauthorised Use of Materials
8.1 Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
8.2 Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
8.3 We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should notify us immediately at the following email address: [email protected].
9. Our legal responsibility to you
9.1 All materials and services on this site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.
9.2 This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and we make no commitment to update such materials or services.
9.3 The use of the services or the downloading or other acquisition of any materials through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
9.4 You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
9.5 You understand and agree that the services available on this site are provided “As Is” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
9.6 We do not guarantee the accuracy of material on our Site. As far as legally possible, we exclude legal responsibility for any loss to you arising from use of our Site. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
9.7 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
9.8 We make no representations and offer no guarantees or warranties as to the continuing efficacy of any improvements or upgrades in terms of performance levels of your sites or their functionality during the course of the provision of Maintenance Plans or after completion of any Ad Hoc Services.
9.9 If any amendments whatsoever are made to your sites by you during the provision of the Services, or after termination or completion of the Services, we cannot accept liability or responsibility whatsoever for any decrease in performance levels or any other adverse performance indicators or effects. In particular, you understand and agree that there are a number of relevant factors outside our control which may affect your site or its performance, such as, but not limited to, underlying software upgrades or changes in search engine algorithms.
10. Limitation of Liability
10.1 References to liability in these Terms include every kind of liability arising under or in connection with the Services including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2 Use of the Site and/or the Contents
To the maximum extent permitted by law, and subject to clause 10.7, we accept no liability under these Terms for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site and/or the Contents.
10.3 Use of the Services
We accept no liability under these Terms for any of the following types of loss arising from the use of the Services:
- Loss of profits;
- Loss of sales or business;
- Loss of agreements or contracts;
- Loss of anticipated savings;
- Loss of use or corruption of software, data or information;
- Loss of or damage to goodwill; and
- Indirect or consequential loss.
10.4 Our total liability under these Terms in respect of all losses not excluded by clause 10.3 in relation to all breaches of duty occurring within any contract period shall not exceed the cap.
In this clause 10.4:
- “cap” shall mean the greater of $120 and 20 per cent of the total charges in the contract period in which the breaches occurred;
- “contract period” means the 3 month period commencing with the date on which the Services were first provided to you and each rolling 3 month period thereafter; and
- “total charges” means all sums paid by you and all sums payable under these Terms in respect of services actually supplied by us.
10.5 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 1 month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
10.6 Users should be aware that they use the Site and its Content entirely at their own risk.
10.7 We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
11. Indemnification
11.1 Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Confidentiality
12.1 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Terms.
13. Security and Password
13.1 You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
14. Termination of Use
14.1 As already stated, You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
14.2 Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
15. Governing Law
15.1 These Terms and the relationship between you and us shall be governed by and construed in accordance with the law of Republic of Armenia and you agree to submit to the exclusive jurisdiction of the courts of Republic of Armenia.
16. Notices
16.1 All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected] if by email, or at our head office VitalWP Care®, 72/2 Tigran Mets Avenue, Erevan, Armenia, 0018, if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
17. Entire Agreement
17.1 These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
17.2 You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.
18. Support Requests & Development Time
18.1 Support must be requested through our support ticket system so that it can be categorized and responded to in a timely manner. You will be notified via email with information about our support ticket system upon registration which you will find in our customer portal area. Support requests are subject to approval.
18.2 Support cannot be requested via phone.
18.3 If you have questions regarding the nature of your support request please contact us at [email protected] for clarification. While we will do our best to keep the same developer assigned to individual projects we cannot guarantee this at any time.
19. Any Orders for Services
19.1 Our Site will guide you through the ordering process and the specification of the Services to be provided to you. Before submitting your Order to us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
19.2 These Terms will not be binding upon you for the purchase and supply of the Services until such a time as you have placed your order to purchase the products (your “Order”), and you receive an email from us acknowledging receipt of your Order and that your Order will be processed for delivery in accordance with your chosen method i.e. how we will provide our WordPress support plan services to you.
19.3 We neither represent nor warrant that all or any Services will be available at all times and cannot necessarily confirm availability until confirming your Order.
19.4 We offer no representations or warranties that the Services and/or this Site offered will be accessible, or usable by you or without any faults. We agree to notify you at the earliest opportunity if there are any technical faults which would delay the processing of your Order.
19.5 We reserve the right to refuse an order placed by you, if the Order is in breach of these terms in any way or if the use of the images, either infringes a third party’s intellectual property rights or they are corrupted, unsupported technically or inadequately pixelated. On occasions, the Order may be refused because we cannot provide the Services to you for whatever reason, in which case we will notify you and offer you either an alternative or refund.
19.6 You may change your Order within 7 days of placing the Order if we have not begun to provide the Services, by contacting us at the following email address [email protected]. We will confirm any changes in writing with you.
20. Termination/Cancellation/Refunds
20.1 You may cancel a Plan at any time at “My Account” dashboard. Upon cancellation, your subscription status changes from ‘Active’ to ‘Pending Cancellation,’ ensuring no charges for the next subscription period. However, we offer a reconsideration period: within 2 business days, you have the option to reactivate your subscription. If not reinstated within this time frame, the subscription will be permanently cancelled.
20.2 In any event, you have the right to cancel the Services within 7 days of subscribing for any Plan, but not if we have begun providing services under that Plan. Your service will cancel/terminate within 2 business days of notifying us. If you feel the service we provided does not match the level of support offered at time of purchase, you can write to us outlining your reasons to request a refund. We will process refunds entirely at our discretion.
20.2 Should you cancel your subscription prior to the commencement of work (evidenced by the non-provision of site access), a full refund will be issued within seven (7) working days.
20.3 In the event that you have purchased an annual subscription and elect to discontinue our services mid-term, a refund will be provided for the remaining unused months, commencing from the month subsequent to the cancellation.
20.4 Regarding one-time services, a full refund will be issued in instances where it is determined that the desired outcome cannot be achieved.
20.5 For any additional refund requests, please contact us in writing either by email at [email protected] or by post at our head office: VitalWP Care®, 72/2 Tigran Mets Avenue, Yerevan, Armenia, 0018.
21. Events Beyond Our Control
21.1 We shall have no responsibility or liability for any failure to perform, or delay in performance of our obligations under the Terms, that is caused by events outside of our control.
22. Miscellaneous
22.1 You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may transfer (assign) our obligations and rights under these Terms (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
22.2 You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this site.
22.3 If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
22.4 Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
22.5 We will use all reasonable endeavors to meet any performance dates specified during purchase of the Services, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate otherwise than in accordance with section 20.
23. Contact Information
23.1 Except as explicitly noted on this site, the services available through this site are offered by IE Manzhosova E.I. head office located at 72/2 Tigran Mets Avenue, Erevan, Armenia, 0018 . If you notice that any user is violating these Terms of Use, please contact us at [email protected].
24. Bank details
Correspondence bank: * Raiffeisen Bank lnternational AG
Address: Am Stadtpark 9, 1030 Vienna, Austria
SWIFТ (BIC): RZBAATWW
Beneficiary bank: АСВА BANK OJSC
SWIFТ (BIC): AGCAAM22
Correspondence account: 070-55.083.711 (DO NOT use as beneficiary account number)
Beneficiary name: IE Manzhosova E.I.
Beneficiary account number: 220531751976000
*(USD Jntermediary for Raiffeisen Bank Jnternational AG (RZBAA TWW) is Standard Chartered Bank, New York, USA (SCBLUSЗЗ))
