Terms of Service Agreement

The following terms and conditions ("Terms") govern all use of the Plugmatter WordPress Support Service available at or through the website ("Services"). Our Service is offered subject to your acceptance without modification of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Plugmatter’s Privacy Policy) and procedures that may be published from time to time by Plugmatter (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

We refer to Plugmatter.com and M/S Sizmic, Hyderabad, India. collectively as “Plugmatter” or “we” throughout this agreement.

The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Plugmatter Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.

Our Services are not directed to children. Access to and use of our Services is only for legal entities and to individuals who are at least 18 years old. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Plugmatter, acceptance is expressly limited to these Terms.

Description Of Service

The Service offers remote technical support for websites built on the WordPress CMS (single-site). The Service is offered via email or through our Project Management Console. The Services include but are not limited to, any service and Plugmatter 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 Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Service or any other reason within or outside the control of Plugmatter. Plugmatter reserves the right to amend, suspend or discontinue the availability of the Service and/or remove any Content at any time at its sole discretion and without prior notice.

Registration and Subscription

Use of our Services requires a Plugmatter.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

Fees, Payment, and Renewal

Fees. By using our Service, you agree to pay the specified fees, which we'll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.

Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Services. If you contact your bank or credit card company to decline or reverse the charge of fees for the Services, we may revoke your access to our Services in general.

Plugmatter Renewal. To ensure uninterrupted service, our Service is automatically renewed. This means that unless you cancel the Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Service is renewed for the same interval of time. For example, if you purchase an annual plan, you will be charged each year.

Refunds. While you may cancel a Service at any time, refunds are issued in our sole discretion.

Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you can cancel your Subscription.

Taxes. Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.

Third Party Services

We may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.

If you use any Third Party Services, you understand that:

- Third Party Services are not vetted, endorsed, or controlled by Plugmatter.

- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.

- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.

- Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.

Release and Indemnity

You hereby expressly and irrevocably release and forever discharge Plugmatter, 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 Service.

You hereby agree to indemnify and hold harmless Plugmatter, 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, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account at Plugmatter; or (iii) any material or immaterial violation of any rights, title or interests of any third party.

Limitation of Liability

In no event shall Plugmatter be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence with respect to the site, the Service or any content, for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.

We make no warranties, express or implied, with respect to the Service, including, without limitation any failure or delay due to matters beyond their reasonable control. Your sole remedy and our sole liability shall be your ability to terminate the Service.

Intellectual Property

This Agreement does not transfer from Plugmatter to you any Plugmatter or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Plugmatter. Plugmatter, the Plugmatter.com logo, and all other trademarks, service marks, graphics and logos used in connection with Plugmatter.com or our Services, are trademarks or registered trademarks of Plugmatter or Plugmatter's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Plugmatter or third-party trademarks.

The Scope of the Service and Reasonable Use

The scope of the service is explicitly defined by the subscribed package. If we make changes to the package scope that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period.

Support must be requested through the specified project/channel email or through the Plugmatter WPS Console.

Each request is subject to a maximum of 1 hour of development. The effort required for development is exclusively determined by Plugmatter.

The Service availability is based on our business hours in Indian Standard Time (IST). We provide no guarantee either express or implied on the timeframe of when a support request can or will be resolved.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

Plugmatter may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Plugmatter account, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

This Agreement constitutes the entire agreement between Plugmatter and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Plugmatter, or by the posting by Plugmatter of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Plugmatter may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.