Service Agreement – Wellness Plans

Service Agreement – Wellness Plans

Table of Content:

Date Updated

2021-05-30

(Wellness Plans) Terms of Service

We (the team at Green Cha Studios) offer Wellness Plan solutions for sites powered by WordPress.

The following terms and conditions (“Terms”) govern your use of our Wellness Plan services (“Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Green Cha Studios policies) and procedures that may be published from time to time by Green Cha Studios (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

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.

Financial Agreements

  • Our Services are offered for a fee. Depending on the Service, it may be a one-time fee (for example, for migration services) or a recurring fee (for example, for a Plan). By using our Services, you agree to pay the associated fees, which we’ll bill or charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time by following these instructions.
  • To ensure uninterrupted service, recurring Services are automatically renewed for the same interval of time you initially selected. This means that unless you cancel a Service before the end of the applicable 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 fees (as well as any taxes). Recurring Services are renewed for the same interval of time you initially selected. For example, if you chose to be charged yearly at sign up, you will be charged each year.
  • We may change the Plans we offer or adjust pricing for Services at any time. When applicable, we may give you advanced notice of the fee changes. If you do not agree with the fee changes, you can cancel the Service.
  • If your fees are not paid for on time or if charges are disputed or reversed for any reason (for example, due to fraud or your initiating a chargeback), we may immediately cancel and/or revoke your access to the Services.
  • To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes. While you may cancel a Plan at any time, refunds are issued at our sole discretion.

Material Products

  • You will provide us with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on our part. We shall make no effort to validate this information for content, correctness, or usability.
  • Use of our Service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of your Webspace.
  • The following examples are offered:
  • Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, graphics, text, sound, image mapping, etc.
  • We will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms.
  • We reserve the right to police our network to verify compliance with all agreed upon Terms.
  • You agree to cooperate in any reasonable investigations into your adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/Services.
  • We reserve the right to disconnect any website or server deemed to present a security threat to our customers, servers, or network.
  • The opening of multiple accounts or Plans in order to bypass any restrictions or overage charges we set forth is grounds for termination of all Services.
  • We make no warranties or representations of any kind, whether expressed or implied for the Services we provide. We also disclaim any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by you, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or your omissions. Use of any information obtained by way of Green Cha Studios Wellness Plan is at your own risk, and we specifically deny any responsibility for the accuracy or quality of information obtained through our Services. 
  • We specifically deny any responsibilities for any damages arising as a consequence of such unavailability. 

Trademarks & Copyrights

  • You warrant that you have the right to use the trademarks and copyrights applicable to all content and/or products being made available through your account.
  • Hardware, Equipment & Software
  • You are responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Green Cha Studios Wellness Plan Services.
  • We make no representations, warranties, or assurances that your equipment will be compatible with our Services.

Termination

  • This Agreement may be terminated by either party, without cause, by giving the other party 14 days written notice. We will accept termination by electronic mail. Notwithstanding the above, we may terminate Services at any time, without penalty, if you fail to comply with these Terms, including non-payment. We reserve the right to charge a reinstatement fee.
  • Limited Liability
  • You expressly agree that use of Green Cha Studios Wellness Plan Services is at your sole risk. Neither Green Cha Studios, its employees, affiliates, agents, third party information providers, merchants licensers, or the like, warrant that Green Cha Studios Wellness Plan Services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through Green Cha Studios Wellness Plans, unless otherwise expressly stated in this Agreement.
  • Under no circumstances, including negligence, shall Green Cha Studios, its offices, agents or any one else involved in creating, producing or distributing Green Cha Studios Wellness Plan Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Green Cha Studios Wellness Plan Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to Green Cha Studios Wellness Plan Services records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content on Green Cha Studios Wellness Plan Services.
  • Notwithstanding the above, your exclusive remedies for all damages, losses, and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which you paid during the term of this Agreement and any reasonable legal fee and court costs.

Indemnification

  • You agree that you shall defend, indemnify, save, and hold Green Cha Studios harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Green Cha Studios, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless Green Cha Studios against Liabilities arising out of:
  • any injury to person or property caused by any products sold or otherwise distributed in connection with Green Cha Studios Wellness Plan Services by you;
  • any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
  • copyright or trademark infringement by you;
  • any defective product which you sold.

Limitations

  • Wellness Plan Benefits Limits : The Wellness Plan benefits (or services) Green Cha Studios provides with a Wellness Plan are intended for one website only. If a Client has more than one website, the client should enroll in one Wellness Plan for each website they desire to receive Wellness Plan benefits.
  • Premium Newsletter Service Limits : The Premium Newsletter Service (and transactional mail service) is available to customers on an active Wellness Plan. The use of this service is limited to “reasonable usage limits” which is determined by Green Cha Studios. Premium Newsletter Service (and transactional mail service) should not be used for: spam, bulk mail, cold lead generation, or other high rate emails. If Green Cha Studios determines a client’s use of this Newsletter/Transactional mail service does not fall into reasonable usage limits, Green Cha Studios may disable/remove the service from client’s features.
  • Image Compression & CDN Limits: The Image Compression & CDN Service is available to customers on an active Wellness Plan. The use of this service is limited to “reasonable usage limits” which is determined by Green Cha Studios. If Green Cha Studios determines a client’s use of this Image Compression & CDN service does not fall into reasonable usage limits, Green Cha Studios may request an additional fee or disable/remove the service from client’s features. The reasonable usage limit of this service is: 10 GB per of live data, per month per site.

Revisions

Revisions to this Agreement will be considered agreed to by you on renewal of Service as specified in Section – Financial Arrangements.

Transfer

You may not transfer this Agreement without our written consent.

Agreement

These Terms constitute the entire Agreement and understanding of the parties. Any changes or modifications to these Terms thereto are agreed to by the both parties upon renewal of Services.

What’s INCLUDED in this agreement

  • Change / Cancel Plan Anytime
  • Monthly Basic Site Check
  • Monthly Software Updates (WordPress / Theme / Plugins)
  • Daily Backups (30 day retention)
  • Automatic Virus Scan
  • Automatic Uptime Monitoring
  • Automatic Image Compression & CDN
  • ​Client Design Feedback System
  • ​Access to Premium WordPress Licenses
  • Google Analytics
  • Premium SEO Plugin
  • ​Premium Newsletter Service

What’s NOT included in this agreement

  • Support / Training for website
  • Fixes / Repairs to website issues
  • Changes / Updates to the website content or design 

How to get additional services

  • Any services not included in this agreement can be requested by the client from Green Cha Studios for an additional fee
  • Green Cha Studios charges an hourly rate of $100/hr (billed by the minute) for any additional services performed. (Example: a bug fix that takes 5 minutes to repair would be billed at $8.33)

Fees, Cancellations, Refunds, Upgrade/Downgrade

How to cancel

You can cancel any of your services by contacting Green Cha Studios at hello@greenchastudios.com. 

Upon Cancellation:

  • Premium software licenses will be removed and will no longer receive updates
  • All external services will be disabled (monitoring, antivirus, CDN, etc…)
  • Backups will removed and disconnected from Green Cha Studios storage

Refunds

All customers are eligible at any time to cancel their plan and receive a prorated refund.

The prorated amount will be based on the non-discounted monthly rate regardless of monthly or annual customer.

Upgrades / Downgrades

All customers are eligible at any time to upgrade or downgrade their plan at a prorated amount.

The prorated amount will be based on the non-discounted monthly rate regardless of monthly or annual customer.

Additional FAQ:

Is a Plan required?

  • No, it’s not required.

Why is a Plan important?

  • Plans include premium features like: Backups, Anti-Virus, Monitoring, Newsletter Service, etc…
  • Plans include license keys for Premium Themes and Plugins to receive updates. Keeping software updated improves security and reduces functional issues.

Will my website work without a Plan?

  • Yes, your website will function normally.
  • Your site will not have premium features.
  • Premium Plugins and Themes on your site will not be able to receive updates. Not updating software may lead to security vulnerabilities and functional issues.

License Key Options for Premium Plugins and Themes on my site?

  • Option 1 : ​Join a Green Cha Studios Wellness Plan. Get access to our software licenses & premium features. 
  • Option 2 ​: Purchase your own license keys.
  • Option 3 : ​Don’t receive software updates. Potential for security vulnerabilities and functional issues.