TERMS & CONDITIONS FOR CARE PLANS
Acceptance of Terms and Conditions
Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the https://jenniferclaire.com/ website (the "Website") operated by Jennifer Constant ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
Copyright and Intellectual Property
All content on this Website is protected against unauthorised use under copyright and any and all intellectual property laws. Users to this Website may not sell, reproduce, publish, modify, display, distribute or otherwise, use the site material in any way for public or commercial purposes without the prior written consent of the Owner of this site. All rights are reserved to the fullest extent, in respect of the above.
User obligations
By accessing this site, you are deemed a user, having accepted our Terms and Conditions and shall at all times:
- prevent infection by malicious software;
- not damage or intercept data or information where you have not been granted express permission to intercept or access such data or information;
- accept that changes/amendments to the Website and its content may happen from time to time and without notice and you accept such changes/amendments;
- accept that this Website may provide links to third-party Websites for the convenience of our users, participants and/or members. If you access these links, you may leave the www.jenniferclaire.com Website. Therefore, any link you follow from this Website, should be used with caution and at your own risk. Under no circumstances will the Owner of this Website www.jenniferclaire.com be held liable for the content and accuracy of third-party links;
- understand and accept that you have been offered an opportunity to comment and engage on various pages on this Website and that such comment and engagement must always be respectful, lawful, fair, civil and truthful and in no way infringe against the rights of another or any applicable law;
- understand that other users, participants and/or members will also comment and engage on various pages on this Website and that such comment and engagement is not the opinion of the Owner of this website, is not endorsed by the Owner of this Website and any comment and/or engagement that you reply upon for whatever reason, is done so at your sole discretion and risk;
- accept that you are responsible for verifying and analysing information obtained from this Website;
- provide information that is truthful and accurate;
- be responsible for maintaining the confidentiality of your login details;
- agree to grant to the Owner of this Website non-exclusive rights to use, display, reproduce, modify, adapt, publish, promote and/or translate any information submitted by way of comment, post or engaging on this Website by you but using reasonable care when displaying, reproducing, modifying, adapting, publishing, promoting or translating;
- understand that the Owner of this Website has the right to refuse, delete, remove and/or block access to any information you provide, for any reason and without any notice.
Website Hosting & Care Plan Terms effective as of 1st May 2024
Website Hosting Eligibility
Jennifer Claire will no longer host any website on its servers that does not have an active Website Care Plan subscription. Any client on its server that has not opted out prior to 1st May will be automatically added to The Essentials Plan and billed accordingly once their current subscription plan ends, unless they have notified Jennifer Claire that they would like to subscribe to The Complete Care Plan. A client must always be in good standing, without server abuse to remain an active Hosting client.
Every client who’s subscribed to an active Care Plan can receive access to our base-level managed WordPress hosting package. Any websites that require more resources or management time than the base-level plan allows for will be subject to additional charges for higher levels of dedicated hosting service.
Website Hosting Security
While Jennifer Claire performs every reasonable effort and due diligence to keep our servers and sites secure, we do not guarantee that issues will never arise. We also do not guarantee that websites we build will not have potential security issues that could be exploited, as that is near impossible given the nature of the modern web infrastructure.
However, we will perform every reasonable effort and due diligence to proactively protect and prevent any known security threats to our clients’ websites when on a Website Care Plan, and do everything in our power to remediate any issues that should arise. If a site is deemed a security threat to our business or other clients, we reserve the right to remove it at any time from our server, without warning but with written confirmation explaining the situation along with reinstatement options to the client after the fact.
Website Care Plan Eligibility
Jennifer Claire will perform Website Care Plan services for websites created by Jennifer Claire. In order to be eligible, clients may need to add or subtract specific code, software, plugins or other functionality for the purposes of maintaining a healthy, top functionality site that does not pose a security risk to us, our servers or our clients. User accounts may need to be added, subtracted or updated as well in order to successfully perform services. A client must always be in good standing, without abuse to remain an active Care Plan client. Jennifer Claire reserves the right to cancel any Care Plan at any time, for any reason at its sole discretion.
Website Care Plan Services
Jennifer Claire will perform all Website Care Plan services as summarised within the packages on our website.
In the case when a problem with your website or email arises, if your hosting is through our server you may notify us of the error via email and we will work to resolve any issues.
In the case where an error arises from internal errors, we endeavour to resolve any issues inclusive of the monthly hosting cost.
Website modification
In the case where an error arises through a circumstance caused by the client, a third party to the client or the website’s files, an additional charge to resolve the issues may be applied.
Jennifer Claire is not held responsible for any errors, issues, downtime, security threats, hacking, malware, spamming, or poor performance as a result of any client made modifications to a website. This includes but is not limited to, adding/subtracting plugins, adding/subtracting custom code, modifying website files, adding/subtracting pages, adding/subtracting or changing website copy, images or other content, adding unauthorised admin users to a site, or use of insecure passwords. Any website hack, security breach or general errors/issues/downtime as a result of the above may incur additional charges in order to remediate, and are considered outside of the standard Care Plan scope of coverage.
Website hacking and remediation
We do not guarantee that sites will never be hacked. If a site is hacked, however, we will help a client to remediate the issues however we best see fit. This remediation process could incur additional charges to the client if the work falls outside of what is deemed as ordinary and necessary within the Care Plan Service coverage.
Any small website rescue/restore job of 1hr or less in order to fix a website hack, spam, malware injection or breach is covered within the Care Plan as long as the issue was not caused by the items listed under “website modification” below. If outside of this, Jennifer Claire reserves the right to deem whether or not any extract work falls within scope, and will be billed accordingly.
Website code control and improvement
Jennifer Claire has the explicit right to store, lock, copy, manipulate and reuse any website or code built by the agency for any purposes deemed fit. Clients can access an export of their website’s files without fault at any time upon request. We reserve the right to modify or improve any client website hosted on our servers for the duration of the time a client is on a Care Plan, for the sake of optimising or improving the client’s website and maintaining a healthy and secure web hosting environment for all clients. If any important changes are needed that require correspondence, we will always notify the client of such items.
Theme & plugin licensing
As long as you are an ongoing paying client of ours (signed up to one of our Website Care Plan packages) you will benefit from the licensing of our developer tools applying to your website.
Should you choose not to engage in our Website Care Plan packages, you will be liable for your own licensing as per the license terms of the tools used to build your website.
Subscriptions payments
This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service.
Web and email hosting is paid monthly via a debit/credit card subscription, or if agreed prior, annually for a minimum of a 1 year period.
Existing customers will move to our Essentials Care Plan at the end of their current hosting subscriptions, unless they have notified Jennifer Claire that they would like to subscribe to The Complete Care Plan.
When you purchase a subscription on the website, your subscription will automatically renew using the payment method on file until you cancel your subscription.
If a subscription is not subscribed to and valid payment added by the start date given for the subscription, or if the subscription payment fails or is cancelled, a monthly invoice will be raised and will become due.
If you wish to cancel or move your hosting, we require 30 days written notice. We do not offer refunds for any hosting fees paid in advance.
If you require to move your website/emails to another host, we will provide you with the appropriate administration logins to do so. If any outstanding invoices remain on your account we reserve the right to not release these logins until all outstanding amounts are settled.
If your website surpasses the hosting space or usage limit allocated as detailed/quoted an additional hosting charge may be applied, we will notify you via email if this is the case.
If your website or any script/file/resource associated with your website utilises a large amount of server CPU or RAM, additional work may be required to re-allocate your website to another host or optimise your files (you will be notified if this is the case and this may be charged at an hourly rate).
Failure to pay hosting fees within the stated terms on your invoice may result in the suspension of the hosting service.
After 90 days if payment is not received all files associated with your hosting account will be deleted.
Once any hosting service is cancelled with Jennifer Claire files and data may be deleted and not stored unless specially agreed otherwise.
Changes to the Price and Subscription Plans
We may change our subscription plans and the price of our service from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription and move your hosting before the change takes effect.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.
Disclaimer and Limitation of Liability
No warranties, express or implied are made in respect of this Website, its contents, accuracy, reliability, completeness or that it is free of malicious software. You, the user accept full risk for the use of this Website and at no time will the Owner of this Website, its employees, agents and/or contractors be liable for any loss, injury, damage, cost, penalty or claim of whatever nature resulting from the use of this Website whether direct or indirect. You agree to defend, indemnify and hold harmless the Owner of this Website, its employees, agents, and/or contractors from any and all losses, damages, costs, expenses and claims of whatever nature.
General
If any part, term or provision of these Terms and Conditions are held to be illegal or unenforceable, neither the validity or enforceability of the remainder of the Terms and Conditions will be affected. All rights not expressly allowed are reserved.