Terms of Service

1: Acceptance of Terms

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Tec 4 Digital, LLC and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the wpmonkeys.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”).

Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE

2: Service Terms

Unless otherwise agreed in writing, We provide the services (“Services”) in accordance with subscription plans (“Subscription Plan(s)”) paid on a monthly or annual basis and assigned to Your account. Each Subscription Plan must be associated with a single specific web site or domain name. 

We are not obligated to provide any Services in relation to any web site or domain name that are outside the scope of those Services included in Your Subscription Plan for such web site or domain name.  

Depending on Your Subscription Plan your dedicated team will work on 1-2 (up to 4 for WooCommerce) requests at a time, and they will allocate up to 2 hours each business day to complete your requests. Requests might take between 24-48 hours to complete. 

Upon signing up for Your Subscription Plan , We will provide written notice to You through Your account and/or an Authorized Contact confirming the nature of the Services and the pricing associated with such Subscription Plan.  You agree that You will contact Us immediately if You believe any details in such confirmation notice are inaccurate, and Your use of the Services after receipt of such confirmation constitutes Your acknowledgment and agreement to the details of Your Subscription Plan as set forth in such written confirmation.

Conditioned on Your compliance with this Agreement, creation of an account with Us, and purchase of a Subscription Plan, We shall make the Services available to You in accordance with the terms of this Agreement and Your Subscription plan for so long as Your Subscription Plan remains active.

From time to time We may make available to You through Your account, an Authorized Contact, or otherwise reports describing the Services.  If You object to any action described in such reports, You shall promptly contact Us to discuss such action.  Failure to do so within ten (10) calendar days of such a report being made available to You shall be deemed approval of all actions described in such report.

We reserve the right to modify the Site, the Services, Subscription plans, and pricing that We provide at any time. 

We may also endeavor to notify You of any Service, Subscription Plan, or pricing changes through Your account, an Authorized Contact, or otherwise.  Your continued visitation, access, or use of the Site or the Services after any modifications have been posted to the (“DASHBOARD”) https://app.wpmonkeys.com/ web page or otherwise made available to You shall constitute Your agreement to all such modifications.  If You do not consent to any modification, Your sole remedy shall be to terminate Your Subscription Plan(s).  You agree that Your Subscription Plan and other purchases made in connection with this Agreement are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Us regarding future functionality or features.

Maintenance Requests & Response Time

Support must be requested through our dashboard so that it can be categorized and responded to in a timely manner. Support requests are subject to approval.

Response time is Monday through Friday, 8am – 6pm ET. All support request will be done within 24-48 hours.

Included in this agreement (The Services):

  • Backup & Restore, On Demand, Monthly, Daily, Real Time (Based on Plan subscribed). 
  • Server Maintenance and firmware updates
  • Security 
  • Content editing, including updating or adding text, images, or blog post updates
  • Server Support

Not Included in this agreement: 

  • Domain management or services.
  • Website design, website redesign, website re‐alignment, website re‐development or theme updates.
  • Image editing, copy editing & proof reading.
  • Search engine optimization services.
  • CMS design or integration including but not limited to blogs, shopping carts and web forums.
  • Subdomains.
  • Website Migrations.
  • Email support, management or maintenance.

3: Payments & Renewals

You agree to pay Us all fees, charges, and expenses billed in accordance with this Agreement.  In the case of Subscription Plan fees or other recurring fees, You agree to pay Us such fees in advance on the 1st day of each monthly term in the case of recurring monthly fees, and on the first day of the applicable annual term in the case of recurring annual fees.   In the case of all other fees, charges, or expenses, You agree to Pay Us in full within thirty (30) days of invoicing.  Except as otherwise provided herein, all payment obligations are non-cancelable and fees are non-refundable.  Although You may cancel Your Subscription Plan(s) at any time, all fees associated with Your Subscription Plan term must still be paid unless explicitly stated to the contrary herein.

Notwithstanding the foregoing, in the event (A) You terminate a Subscription Plan that has been pre-paid on an annual basis, (B) such termination is due solely to (i) a material breach of this Agreement by Us, or (ii) a material change in the Services for which You have pre-paid on an annual basis, and (C) you notify Us of Your intent to terminate such Subscription Plan within ten (10) business days of receiving actual or constructive notice of the alleged material breach or material change in Service.

In the course of Subscribing to any of our Plans with Us, You must provide Us with valid credit card information, and You agree to continually maintain and update such information.  You authorize Us to charge from time to time Your credit card and any other payment method, mechanism, or account You have identified for any charge, fee, or expense You owe to Us in connection with the Site, the Services, or this Agreement.

If any charges are not received from You by the due date, then at Our discretion, such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is higher, from the date such payment was due until the date paid.

If any amount owing by You to Us is ten (10) or more calendar days overdue, We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations so that all such obligations become immediately due and payable, and suspend provision of Services to You until such amounts are paid in full.  We will give You at least seven (7) calendar days’ prior written notice that Your account is overdue before suspending provision of Services to You.

Unless otherwise stated, Our fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal, or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases under this Agreement. In the event We have a legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority.

Changes to Services and Prices

WE reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to OUR WEBSITE and/or emailing you.

4: Termination / Refunds

You may cancel service at any time by contacting us and requesting cancellation of services.

When canceling your Subscription Plan, your Subscription Plan will be canceled effective immediately or at the end of the current billing cycle depending on the option available. Cancellations are not prorated.

We maintain a policy of no refunds due to inactivity. Due to the month-to-month, cancel anytime nature of this agreement we shall not be compelled to issue a refund, pro-rated or otherwise for any reason.

Once SERVICE is terminated, if your website and content resides on OUR servers, you have fourteen (14) days after the end of the billing cycle to request your content. WE will export and provide your content to you, as requested. WE will not transfer your website (hosted on OUR servers) to another web host or content management company. On the 15th day, after the end of the billing cycle, your website and any related content may be removed from OUR servers.

If you cancel your Subscription Plan with us, you may not be eligible to repurchase or reactivate any maintenance services for the canceled website (your website) for a period of 6 months, unless you pay a one time $100 account reactivation fee. This is due to the high cost of setting up and establishing maintenance services and/or hosting for any particular site.

5: Limitations

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

6: Governing Law

This Agreement will be governed by and construed in accordance with the laws of California and the laws of California applicable will be treated, in all respects, as an California contract. 

7: Privacy Policy

We care about the privacy of our users. We Do Not share, sell, or otherwise provide the information of our users to any third-party. By using the Website or Company Services, you are consenting to have your personal data transferred to and processed in the United States. By using the Website or the Company Services, you are consenting to the terms of our Privacy Policy.

8: Contact Information

In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.