Last updated: July 24, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.valiermedia.com website (the “Service”) operated by Valier Media (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you (the Client) agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Valier Media cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Valier Media customer support team.
A valid credit card is required to process the payment for your Subscription. You shall provide Valier Media with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Valier Media to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Valier Media will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Monthly Reports (Hourly Subscriptions Only)
If you are subscribed to an hourly subscription, a report describing the tasks performed during each billing cycle will be uploaded to your Valier Account within 2 weeks of the end of each billing cycle. This report will describe the amount of time spent on each task, and will reflect the total amount of time worked during each billing cycle.
Subscription Hour Balances (Hourly Subscriptions Only)
The total time worked during each billing cycle may be less than the number of hours allotted to each subscription billing cycle. If there are any remaining hours to be completed following the end of the billing cycle, those hours will be reflected in the “Projects” area of your Valier Account (https://valiermedia.com/my-account/projects) and will be completed at a later date. Subscription Hour Balances enable you to have greater control over how your subscription hours are spent. For example, if you have a slower month where only 8 of the 10 subscription hours are needed, then you can save the remaining 2 hours to use at a later date. Additionally, if Valier Media does not receive enough work requests to fulfill the subscription allotment of hours, or if requests are received too late to complete them before the end of the billing cycle, Valier Media can complete those hours during the next billing cycle.
Valier Media, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Valier Media will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
You may request a refund within 24 hours of the subscription renewal transaction date/time. If Valier Media has already utilized any of the subscription hours for that billing cycle, we will refund the total subscription amount less the number of hours already utilized. Refunds will not be provided more than 24 hours after the subscription renewal transaction date/time. Please allow at least 15 business days for refund processing.
Flat Rate Subscriptions:
Refunds for flat rate subscriptions are available. The maximum available refund is the total cost of the most recent subscription renewal. Refunds for flat rate subscriptions must be requested within 30 days of the start of the billing cycle.
Advertised PageSpeed Scores
Some of our services advertise a PageSpeed score which we aim to achieve for every subscribing customer. These advertised scores are goals, not guarantees. There are simply too many variables that can slow a site down for us to be able to promise a specific score. We believe however, that we can achieve these goals in most instances, provided that our optimization advice is followed. Valier will not in any case, be liable for subpar site performance, but we are willing to offer a full refund (see Refunds section for more details) for the current billing cycle if you are not happy with the results.
Please note that while we will aim to achieve the advertised scores, events such as changes to the Google Lighthouse testing platform, WordPress updates, plugin installations or updates, theme selection or updates, server updates, and miscellaneous network issues may prevent us from being able to achieve the advertised scores. If this is the case, we will provide an explanation as to what is slowing the site down, and will collaborate with you to improve your website performance. This may involve removing desired plugins and third party scripts, requesting server changes, writing optimization code, and other major requests if we feel that those changes are necessary to achieve a desired score.
Management Plan “Ramp Up” period
Once you subscribe to a WordPress management plan, we will begin configuring your website to meet your plan’s specifications, but this process is not immediate or automatic. This process involves a combination of manual and automated processes that vary from website to website, and will occur over the course of the first two subscription months, which is referred to as the “Ramp Up” period. During this time, we will be adding new plugins, updating themes, adding custom code, configuring automated tests (if included in your plan), and performing other tasks that are designed to improve your overall website performance, security, and usability. By signing up for one of our WordPress management plans, you acknowledge this Ramp Up period, and understand that your website will not immediately meet the specifications outlined in the subscribed plan.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content, features and functionality are and will remain the exclusive property of Valier Media and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Valier Media.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Valier Media
Valier Media has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Valier Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you must cancel your subscription through your account admin area or submit a written request to email@example.com requesting cancellation. At that point, all products and services offered through this service will be deactivated. This includes but is not limited to:
- Premium Plugin Licenses
- Premium Theme Licenses
- Use of hosted services such as compressed image delivery over a CDN
- Any service for which Valier pays a recurring fee and provides you with access the service as part of a service package
- Consultation discounts or service bundles
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Valier Media and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Valier Media, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Valier Media its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Assignment of Project
We reserve the right to assign certain subcontractors to this project if necessary to insure the right fit for the job as well as on-time completion. We warrant all work completed by subcontractors for this project. When subcontracting is required, we will only use industry recognized professionals.
By using our services, you agree to reimburse the us for any critical Client-requested expenses necessary for the completion of the project. Examples would be:
- Purchase of specific fonts at the Client’s request.
- Purchase of specific photography at the Client’s request.
- Purchase of specific software at the Client’s request.
Copyrights and Trademarks
The Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Developer for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Any legal disputes related to the use of this Service will be litigated or arbitrated in a mutually inconvenient location. This location will default to Austin, Texas, unless a different location is declared in a separate signed agreement.
If you have any questions about these Terms, please contact us.