Terms
Last updated: 21st February 2024
Terms of Service (“ToS”)
These terms and conditions (hereinafter referred to as “Agreement”) are a legal agreement between you, your heirs, agents, successors and assigns, either an individual or a single legal entity (hereinafter referred to as “client” or “you”), and 9H Digital LTD (hereinafter referred to as “9H Digital”), a limited liability company bearing company number C49434 and registered at 53, Tigne Street, Sliema Malta.
1. Introduction
This Agreement sets forth the terms and conditions of your subscription to an 9H Digital software maintenance plan (hereinafter referred to as “Services”) found on the 9H Digital website (hereinafter referred to as “Website”), and the client software distributed with this Agreement and any other software provided by, including any WordPress plugins, updates and any accompanying written documentation (hereinafter referred to as “Software”).
This Agreement governs your use of the Services and Software maintained and/or provided by 9H Digital. By using our Services you agree to this Agreement. If you agree to an Agreement on behalf of a legal entity, you represent that you have the authority to bind that legal entity to this Agreement.
2. Description of service
9H Digital provides its clients with a number of WordPress related services including hosting, maintenance, development of custom code and support services, access to a collection of resources, including various tools, training materials, and educational content through its network of properties which may be accessed through any medium or device now known or hereafter developed (the “Service”).
You also understand and agree that the Service may include certain communications from 9H Digital, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new 9H Digital properties, shall be subject to the ToS. The Service is provided “AS-IS” and that 9H Digital assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
2.1 What IS covered by our WordPress Care Plan
- Updates to WordPress core, Plugins and Theme Updates as soon as a stable and secure version has become available.
- Any licenses for premium themes and plugins are to be provided by the client unless advised otherwise by 9H Digital. Following authorisation by the client, 9H Digital may also purchase such license(s) and bill the client accordingly.
- Installation and maintenance of a security plugin to help prevent attacks and to scan website for malicious code
- If, following an update to WordPress core, WordPress plugins or WordPress themes, it is determined that one or more of the updates are causing problems to the overall functionality of the website, then the site will be ‘rolled back’ to the state before the updates were performed using the latest website backup. 9H Digital will then contact the Client to discuss options and cost necessary so as to remedy the issue.
- Daily backup of website files, data and database
- Changes to code base stored within Version Control using Git
- Removal of Malware and viruses
- Premium Licenses included within each plan include: iThemes Security Pro, Akismet Enterprise, Imagify Pro.
- Licenses will be removed should the client cancel their Service(s) with 9H Digital.
All work mentioned above is subject to the monthly time limits provided with the respective care plan. Any additional hours will be charged hourly upon approval by the client.
2.2 What is NOT covered by our WordPress Care Plan
The following services will be provided by 9H Digital once a quote has been provided to and approved by the client. Clients may opt to purchase a pack(s) of development hours to benefit from a reduced hourly rate. Please enquire further on support@9hdigital.com.mt.
- Changes to the website content including text, images, pages, menus
- Addition of new features to the website or modification of existing features
- Changes to the design of the website
- Any support related to integrations with third party systems
- Installation of new WordPress plugins
- Installation of new WordPress themes
- Repair of website and speed optimisation
- Bulk email sending (including newsletter) via Mailgun Pro
- Any work required to remedy an issue where an update to WordPress core, WordPress plugins or WordPress themes has been found to cause problems to the overall functioning of the website. This work will be discussed with the Client beforehand and an estimate will be provided for approval
- UX/UI Design and development of a new website
All work will be covered by a 30-day warranty period.
3. Your registration obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Malta, the European Union or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 9H Digital has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 9H Digital has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. Payment and Renewal
4.1 General Terms
By selecting a product or service, you agree to pay 9H Digital the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
4.2 Automatic Renewal
Unless you notify 9H Digital before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be cancelled at any time by reaching out to our support team on support@9hdigital.com.mt.
5. Services
5.1 Fees & Payment
Applicable fees will be invoiced starting from the day your services are established and paid in advance of using such services. 9H Digital reserves the right to change the payment terms and fees. Services can be cancelled by you at any time by written notice to 9H Digital on support@9hdigital.com.mt.
5.2 Support
All Services include access to support via the members-only email on support@9hdigital.com.mt. “Support” means the ability to make requests for technical support via email at any time (with reasonable efforts by 9H Digital to respond within 1 – 2 business days) concerning the use of the 9H Digital Services. All support will be provided in accordance with 9H Digital standard services practices, procedures and policies.
6. Disclaimer
The materials on 9H Digital web site are provided “as is”. 9H Digital makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, 9H Digital does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
7. Limitations & Indemnification
YOU SPECIFICALLY AGREE THAT 9H Digital, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR IN ANY WAY RELATING TO THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF 9H Digital, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING A (1) YEAR PERIOD BEFORE THE RELEVANT CLAIM. YOU SPECIFICALLY AGREE THAT THE DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND 9H Digital.
This indemnity obligation will survive the termination or expiration of your account and this Agreement. You agree to defend, indemnify, and hold 9H Digital, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, made by any third party due to your use of the Services, your connection to the Services or Software, your violation of this Agreement, or your violation of any rights of another.
8. Revisions and errata
The materials appearing on 9H Digital’ Website could include technical, typographical, or photographic errors. 9H Digital does not warrant that any of the materials on its web site are accurate, complete, or current. 9H Digital may make changes to the materials contained on its web site at any time without notice. 9H Digital does not, however, make any commitment to update the materials.
9. Trademark information
All logos, product, and service names related to these ToS are trademarks of 9H Digital (the “9H Digital Marks”). You agree not to display or use in any manner the 9H Digital Marks without prior written permission.
10. Site terms of use modifications
9H Digital reserves the right at any time to modify, suspend, or discontinue providing the Services, in whole or in part, without notice. While not obligated to do so, 9H Digital will use commercially reasonable efforts to notify you of any such action by sending you an email, an in-client message or by posting relevant information on the Sites. 9H Digital reserves the right to modify this Agreement at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Services following any such modification constitutes your agreement to be bound by the modified Agreement. To stay informed of any changes, please review the most current version of this Agreement posted on the Site. If you do not agree to be bound by this Agreement, you must stop using the Services immediately.
11. Governing law
Any claim relating to 9H Digital’s Services shall be governed by the laws of the Republic of Malta.