These Terms & Conditions are between subscribers and customers of the HdyTech services (“you” or “your”) and How Do You Tech Ltd “HdyTech” (“we” or “us”) and apply to the website or benefits of membership specified in your subscription for website maintenance services on https://wpslay.com

Website Design/Development Terms

SECTION 1 – WEB DEVELOPMENT TERMS

(a) Change Orders: Any changes to the Scope of Work following the execution of this Agreement requiring “Additional Work” must be submitted to and accepted by the Developer in writing as a “Change Order”. The costs of any such changes shall be added to the Contract Price and shall be subject to the payment terms and added to the existing invoice. Additional Work shall be defined as the addition or revision of pages, graphics, or other features, any text, graphic or page design or programming requiring more than two rounds of textual or graphical revisions, substantial revisions to the text and/or content provided by Client, changes to elements which have been finalized, or significant changes in the Scope of Work.

(b) Due Dates and Delays: The developer will use its best efforts to deliver the Client Website in the time frame specified in the Scope of Work. Client acknowledges and agrees that any due dates set forth in the Scope of Work are subject to delay if Developer does not receive the required materials or documentation in a timely manner or in the required format or if approvals are delayed by Client or if the Scope of Work is changed by Client.

(c) Client Submitted Content. All written content submitted by the Client for use in the Client Website must be typewritten, proofread, and delivered to the Developer in the body of an email message or as a Microsoft Word/Google Docs electronic document or plain text electronic document. Any content submitted by Client in any other manner or format, including, but not limited to Adobe .PDF format, will be returned to Client for re-submission. The developer will not make any attempt to proofread or correct any contextual, grammatical, or typographical errors in the written content submitted by the Client. It is the Client’s sole responsibility to check the accuracy of the written content and correct any errors prior to submission for final publication. The developer will assume that all the written content submitted by the Client has been proofread and is ready for publication. The client may elect to pay Developer the Hourly Rate set forth below to type and proofread any written content not submitted in the electronic formats specified above.

(d) Developer License and Credit: Client hereby grants to Developer a non-exclusive and limited license to use Client’s trade names, logos, and other trademarks in connection with Developer’s advertising, marketing, and promotion of its products and services. Client agrees that any unsolicited positive feedback Client provides to Developer may be used in any Developer marketing and/or advertising materials (i.e., customer testimonials). Client further agrees that Developer may use and display the graphics and other web design elements of Client’s website as examples of Developer’s website design and development work. To maintain the Developer’s portfolio credentials, and the integrity of any applicable copyrights, the Developer shall be entitled to place an unobtrusive credit with a hypertext link in the footer on each page of the Client’s website. How Do You Tech shall develop and design a fully featured website for the client, according to the existing terms and conditions of our company’s service offering, which are as follows:

CONDITIONS

Your website shall be developed ONLY with the contents provided.
The client is expected to pay no less than 80% of a project’s total sum (VAT Incl.) before commencement.
The web project may be developed and reviewed on a temporary subdomain or the client’s main domain.
After an initial satisfactory review and at the client’s request, the site shall be migrated to its final domain/hosting account. However, the project’s balance payment (20%) must be made prior to the site migration.
After the site migration, a handover email shall be prepared and sent to the client.
90-day FREE website management shall start to count on the day the project timeline begins as stated in the invoice sent to the client. During this period, we shall attend to further change/adjustment requests from the client + work on the SEO and general performance of the website.
After the 90-day FREE website management period elapses, the client would be left with the option to either manage the site by themself or subscribe to our comprehensive website management plan.
Per project, the client is required to list out and send all feedback/iteration needs via a single email.
For efficiency purposes, each feedback/iteration request shall be allotted a 3-5 working days delivery period (for all requested changes to be effected).
If the Developer does not receive a feedback/iteration request after 30 days, the project shall be considered closed immediately and will attract a daily penalty of $1 or NGN1000 for the number of days counting from (after the 30 days) till the day the client is ready to revisit the project.
A web project is considered completed and closed after the handover document has been mailed. How Do You Tech will however still provide advisory support to the client for the duration of the free website management window.
After the 90-day FREE web management period, How Do You Tech will immediately cease to be responsible for the general outlook and structural effectiveness of the website unless in the case there’s a current web management contract.
A completed and closed project is only eligible for lifetime advisory support.
If after a project is completed and closed and you require further iteration and updates, you’d be required to subscribe to any of our web maintenance service plans.

HOSTING – Domains purchased by us or through us are eligible for Managed WordPress hosting with full FTP access, except otherwise stated by the client and expressed in the client invoice. Domains not registered through us or by us are NOT. However, they can be conveniently hosted on our Managed WordPress Hosting server as indicated in the client invoice.

REFUNDS – Refunds can ONLY be made to paid web/mobile app projects that have not been started (for whatever reasons) and are less than 7 days old in our possession. Hence, already commenced projects are NOT eligible for refunds. Please note that each request for refunds shall be processed within 30 working days from the day of request.

DISCLAIMER – All web development plans are solely meant for designing and developing Blogs & Corporate websites, not web applications. Web projects with custom functionality features are thereby classified as web applications.

Websites are primarily informational. In this sense, http://cnn.com and http://php.net are websites, not web applications.

Web applications primarily allow the user to perform actions. Google Analytics, Gmail, andJslint are web applications.

They are not entirely exclusive. A university website likely gives information such as location, tuition rates, and programs available; etc. it will likely have web applications that allow teachers to manage grades and course materials, applications for students to register for and withdraw from courses, etc.

How Do You Tech will ensure that any bundled service that comes with our current service offerings is integrated into applicable project developments and invoices sent, as per the client’s requirements.

Website Maintenance Plans

7-Day Satisfaction Guarantee & Quarterly Commitment

We believe in having long-term relationships with our clients, as it best aligns with our interests — we’re invested in your ongoing growth and success. Additionally, our initial setup and optimization for your site are time-consuming and laborious, but we do not charge any setup fees. Therefore, all our plans require a pre-payment every month (effective for new subscriptions purchased after December 31, 2018).

New clients may cancel a subscription and receive a full refund by sending an email to support@wpslay.com (for website maintenance) within the first 7 days of the initial pre-payment commitment.

Subscriptions will continue automatically on the payment schedule selected until cancelled. You may cancel at any time, and we will not bill for future periods. However, after the first 7 days, we will not issue refunds for past payments.

Payments

You will be billed in accordance with the payment plan that you select. We accept monthly recurring subscription payments and annual on some plans. When you purchase your plan, you will set up automatic billing through whichever payment option you select.

Hey, We’re Human (AKA Limitation of Liability)

These subscription services are provided with the best faith effort; we’ll do our best to provide everything that we say we will. However, no system (or person) is perfect, and there is a chance, that something may go wrong (for example, backups may fail or be unavailable, your site may be hacked beyond repair, your site may go down, we may be unreachable, etc.).

If something does go wrong, we will do our best to fix it as quickly as possible. You agree not to hold us liable for any damages beyond the fees you have paid us for this service. In no event will we be liable to you for any lost profits, lost savings, or incidental, indirect, special, or consequential damages, arising out of your use of our services or the breach of this agreement.

Emergency-Support Requests

The WordPress support plans include “Emergency-Support Requests.” The idea behind Emergency-Support requests is that we’ll help with those little questions that come up from time to time. They can include single questions or tasks, such as asking for a component/plugin recommendation, uploading a file to your server, tweaking a font size or other style setting, moving or adjusting widgets, and so on. If we anticipate a request will take longer than 30 minutes, we’ll let you know and we’ll go from there.

Emergency-Support Requests cannot be combined into a larger project, do not “roll over” from month to month, and should take 30 minutes or less to complete (they’re supposed to be an Emergency, after all). Please note that content updates are treated within 1 – 2 working days. New feature requests are treated within 3 – 7 working days (please see your subscription plan for eligibility). For more complex changes, these are treated within 8 – 21 working days.

Exceptions are made for emergency updates within working hours and on weekends at the sole discretion of the customer success agent on the seat. They are treated within 30 minutes – 3 hours of receipt.

Website/Application Updates

Keeping your site’s software up to date is critically important for security — outdated software is the most common way sites get hacked. If you are subscribed to the “Super” or “Pro” plan, we will take care of your core, component, and plugin updates on a regular basis (typically about once a week).

Because updates can occasionally introduce new bugs, we generally do not run updates immediately upon availability (unless it’s for a critical security patch). Additionally, some updates could cause issues with other components installed on your site. We are not responsible for any issues that may arise as a result of these updates, but we will do our best to identify any issues that arise and help fix them or restore your site from a backup.

WordPress theme updates will be performed for minor (“point”) releases, but generally not for major releases.

Privacy & Security

We take privacy and security very, very seriously. We will not share your personal information with any third parties, except when necessary to do so to provide our services to you, or when required by law. We take measures to protect and secure your information (both personal information and passwords/site access information) using encryption and layers of password protection and two-factor authentication when available, and we require our contractors or other third-party services to do the same.

In return, we ask you to use strong and unique passwords for your website/applications, your hosting account, your email account, and other online accounts — and to never send passwords directly in email.

Disclaimer

We make every effort to ensure that the information on this website is accurate; however, we can’t guarantee that there are no errors. Please remember that everything on the site has been provided for informational purposes only. You understand that if you use the information on the site, your results may vary.

Use of Our Services

Unless otherwise stated, we own all of the intellectual property and rights to the content we create, like our knowledge base, which you will receive access to as one of our customers. This information is provided for your personal use only and you may not copy it to third parties.

Prohibited Use

You may not use our services in any way that causes damage to either our website, our services, our other customers, or the property of any third parties.

Third-Party Content

From time to time, we may recommend components or other materials that are created by third parties. We are not liable for any third-party services or content, regardless of the recommendation. Please make sure to research all third-party providers to make sure they are the right fit for you.

Communication

By completing your purchase, you consent to receive electronic communications from us, including any necessary legal notices. We will communicate with you through the email address you provided at the time of your purchase.

No Warranties

Our services are provided on an “as is” basis, which means that we are not making any representations or warranties, either express or implied. We cannot guarantee that our services will meet your requirements or that our website and service will never go down.

We are not responsible to you for any loss of content or material provided to us as part of the services.

An Occasional Revision

These terms of service were last updated on September 09, 2022. Your purchase and the subsequent renewal of any subscriptions affirm your agreement to these terms. We reserve the right to change them at any time — but if they change substantively, we’ll let you know and give you an opportunity to opt out by cancelling auto-renewal payments, and then continuing the remainder of your prepaid period under the previous terms.

The Legal Terms

You agree to indemnify and hold us harmless for any damages or lawsuits related to our services unless they are a result of our negligence or intentional misconduct.

You cannot transfer this agreement to anyone else or to a different website without our permission. This agreement stays in place and need not be renewed. These terms represent our entire agreement. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document governed by the laws of Nigeria and the United States, where we are duly registered and under exclusive jurisdiction of the laws of the State of Ogun and the state of Delaware, Nigeria/United States courts.

All notices with respect to these terms may be sent via email to business@howdoyou.tech