1. 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 “You” or “you”), and Purple Jam Creative, a United Kingdom Company. This Agreement sets forth the terms and conditions of your subscription to a Purple Jam Creative plan (hereinafter referred to as “Services”) found on the Purple Jam Creative website (hereinafter referred to as “Site”), 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 provided by Purple Jam Creative. By checking the “I Agree to The Terms of Service” checkbox or similar checkbox, or using any of our services, you agree to this Agreement. If you do not wish to be bound by this Agreement, then do not indicate acceptance and do not use the Services. If you agree to Agreement on behalf of a legal entity, you represent that you have the authority to bind that legal entity to this Agreement.
2. Subscription & Fees
You must register with Purple Jam Creative to use the Services, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services.
If you sign-up for one of our Paid Plans, you agree to pay the monthly subscription and any variable usage-based fees, if any, for the account type you have selected and agree to any applicable restrictions and quotas. If you use PayPal or a credit card for payment, you authorise Purple Jam Creative to automatically renew your monthly subscription and charge the then-current renewal fees to the PayPal account or credit card associated with your account. You may cancel your subscription prior to the next billing date to avoid future charges. Service will continue until the end of the current billing period, but no Service fees will be refunded for the current billing period. If you exceed any quota allocated to your account, such as the maximum file size allowed for backups, you will be notified via email and you must upgrade immediately to another type of account with a higher quota. Purple Jam Creative may cancel your subscription if you fail to upgrade within 7 days of being notified that you have exceeded your allowed quota.
If you have signed up for a Paid Plan, any discounts agreed upon with your order will be honoured throughout the period specified by your plan. If the account owner fails to pay for services within five days of the payment due date or discontinues a Paid Plan, any and all discounts applied to the user’s account in past payments will not be applied to future payments.
Prices of all subscriptions and products, including but not limited to monthly subscription plan fees, are subject to change upon 30 days’ notice from us.
We can only remove Malware and viruses from your website for FREE after you have been a paid member for at least 3 days. During the first 72 hour period of being a member, if your site is infected, we can clean your site for a one-off fee of £199. It is required that we clean your site before we can begin to provide you with any of our other services including nightly backups and Uptime monitoring. If your site is infected with Malware within the first 72 hours of sign up, we will contact you via email with more information on how to pay for the Malware clean-up. When we contact you, you will have the option to pay for the Malware clean-up or you can cancel your membership and we will refund your membership payment. After you pay for the one-time Malware clean-up, the Malware will be removed ASAP (business days are Monday to Friday GMT). We cannot guarantee that we can remove the Malware or virus from your site. If for some reason we cannot clean your site, we will refund you both the one-time Malware clean-up fee and we will also refund you the membership fee.
We reserve the right to refuse Services or cancel your subscription and revoke your membership access with a prorated refund for any reason we deem appropriate. You may not resell, share, or publish subscription credentials or access.
3. Cancellations and Refunds
If you cancel your plan after 30 days, you will continue to receive the services provided by your plan until the end of your current monthly billing cycle. If you cancel your plan within the first 30 days and you want to receive a refund, all you need to do is send an email requesting the refund to our support team and we will refund you (with no questions asked) the payment that you made when you signed up. Purple Jam Creative will issue all other refunds on a case-by-case basis. If you request a refund before the end of your subscription (not within the first 30 days) due to Purple Jam Creative’s failure to provide any of the Services of your selected Paid Plan, a prorated refund may be issued based upon the number of unused days of service that the Services were used for that monthly period. Refunds will not be issued for Services already provided. For annual subscriptions, refunds are prorated based upon the number of unused months of the Services. If your Paid Plan is in violation of this Agreement, refunds will not be issued. We are so confident that you will love our service and support so much that we offer this money back guarantee.
4. Passwords & Security
You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your usernames and accounts, including any sub-accounts. You must notify Purple Jam Creative immediately of any unauthorised use of your accounts or any other security breach related to the Services. If Purple Jam Creative determines that a security breach has occurred or is likely to occur, Purple Jam Creative may suspend your accounts and require you to change your usernames and passwords.
6. Use of our Services and Software
Subject to this Agreement, Purple Jam Creative grants you a limited, non-exclusive, non-transferable and revocable license to access the Site and use of the Services and Software. You acknowledge that certain third party code may be provided with the Software and that the license terms accompanying that code will govern its use.
You acknowledge that Purple Jam Creative or third parties own all right, title and interest in and to the Services and Software, including all intellectual property rights. Except for the license granted in this Agreement, Purple Jam Creative and its licensors retain all rights to the Services and Software, and no implied licenses are granted to you.
You specifically agree that you will not, nor will you permit another person to:
a) sublicense, lease, rent, loan, transfer or distribute any portion of the Software unless given written permission by Purple Jam Creative;
b) modify, adapt, translate or create derivative works from the Software unless given written permission by Purple Jam Creative;
c) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software unless given written permission by Purple Jam Creative; or
d) remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Software or on the Sites.
7. Compliance with Laws & Acceptable Use
You are solely responsible for your conduct related to the Services and Software. You specifically agree that you will not use the Software or Services to:
a) violate any laws or regulations;
b) infringe the intellectual property or other rights of third parties;
c) transmit any material that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.
8. Intellectual Property Protection
Purple Jam Creative respects the intellectual property of others and requires that users of the Services and Software do the same. When you use our Services, you may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. If you are found to be in violation of intellectual property, Purple Jam Creative will terminate your account/s.
This indemnity obligation will survive the termination or expiration of your account and this Agreement. You agree to defend, indemnify, and hold Purple Jam Creative, 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.
10. Limitations to Size and Number of Daily Data Backups
We backup your WordPress website each night between 12 AM GMT and 3 AM GMT unless you send us an email requesting for your backups to be done at a different time. We only backup your WordPress Files, WordPress directories, and the WordPress Database. We do not backup files or directories that are not part of the WordPress installation. We store the number of backup files allowed according to your plan. We store the backup files in Amazon S3 secure storage services servers so that your data is safe. The total space consumed by your website’s WordPress files and database file must be less than the maximum allowed by your subscription plan as specified in our plans and pricing page. If your website’s backup exceeds the amount allowed by your plan, then you must upgrade to a higher plan. A typical WordPress business Website is less than 1 GB. If your website is bigger than 1GB, which is the maximum allowed by our professional plan, we will be glad to accommodate your business needs by charging you an additional fee for each extra 1 GB of data. We will inform you of that fee at the time that you exceed the 1 GB and you will not be charged for the first backup exceeding the 1 GB.
11. Limitations to Restoration of Data and Copies of Data
Only subscribers to paid plans can request to restore their website data. The maximum number of restores per month is determined by your plan. You can request to restore your website from any of the existing backups created by our Services during the last x days as allowed by your plan. For example, if you have a plan that allows for 14 days of backup, you may request to restore your website from any of those 14 days. It is possible that on a given day a backup fails. If a backup fails, you will receive notification of that failure and we cannot restore your website to that date of failure. We can only perform a FULL restore of all the WordPress files and the database file from a specific backup file. We cannot restore individual files or partial data. To request a restore of your website, you must contact us, and we will provide you with further instructions. For the security of your data, we do not specify on our Site the entire procedure to request a restore of your website. We do not provide any guarantee on how long it will take us to restore your WordPress files and database from a backup, but we try to start your restoration within 2 hours of receiving your authorised request. You can make additional requests for a restore at a cost of £19.99 per request. If you are subscribed to a free plan, we cannot restore your website. Depending on the size of your files and database, it can take anywhere from 15 minutes to 3 hours for the restoration process to complete. You can request a free copy of your backup file (limited to 1 free request per month). You can request any of the existing backup files stored according to your plan. You can make additional requests for a backup file at a cost of £19.99 per request. To request a copy of your backup file, just contact us and we will provide you with further instructions on how to download your backup file.
12. Limitations to Website Updates
By subscribing to one of our plans, you authorise us to update all of the WordPress core files, the active theme, and all of the active plugins as needed. We update all WordPress plugins and themes (when a new release is available) that allow automatic updates. By automatic updates, we mean all themes and plugins that can be updated from within the WordPress Dashboard. We will not update any themes or plugins that require a file upload. We perform all updates after confirming that your website was successfully backed up. We will only update plugins and themes that are compatible with the version of WordPress that you have installed. We will only update the WordPress core files if all your plugins are compatible with the latest version of WordPress. If after performing any update, your website is not working as it should, we will restore your website for free to how it was before the update. When a new release of a plugin or theme is available, it can take us up to 72 hours to perform the updates because we first need to verify that the updates are compatible with your current WordPress version. We will update inactive themes and plugins for security reasons, but we highly recommend that you delete all inactive themes and plugins. We will never delete a plugin or theme without your prior written consent. We typically start all backups at 12 AM GMT and then perform all updates after confirming that your website was successfully backed up. It is your sole responsibility to notify us via email if you notice that your website is not working properly after any updates are performed and ask us to restore your website to the latest backup version. If we have to restore your website, we cannot recover any content, posts, pages, or any changes that occurred between the time the backup was created and the time the website was restored.
13. Term & Termination
This Agreement, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing use of the Services. If you have a Trial Plan or Free Plan, Purple Jam Creative may terminate your account and this Agreement immediately and without notice if our system is unable to back up your website for more than thirty (30) days or if you fail to comply with any of the terms in this Agreement. If you have a Paid Plan, Purple Jam Creative may terminate your account and this Agreement immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices after seven days when due, or otherwise fail to comply with this Agreement. On termination or expiration of your account or this Agreement, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access and restore your backup data. Also, upon termination under this Agreement, you specifically agree that Purple Jam Creative has no obligation to provide you or anyone else with a copy of your backup data and that Purple Jam Creative may automatically purge your backup data from any systems used by Purple Jam Creative to back up your data.
14. Disclaimer of Warranties
YOU SPECIFICALLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PURPLE JAM CREATIVE, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, PURPLE JAM CREATIVE, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
15. Limitation of Liability
YOU SPECIFICALLY AGREE THAT PURPLE JAM CREATIVE, 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.
IF YOU HAVE A PAID PLAN, YOU AGREE THAT THE AGGREGATE LIABILITY OF PURPLE JAM CREATIVE, 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. IF YOU HAVE A TRIAL PLAN, YOU AGREE THAT THE AGGREGATE LIABILITY OF PURPLE JAM CREATIVE, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SERVICES IS LIMITED TO ONE HUNDRED. YOU SPECIFICALLY AGREE THAT THE DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PURPLE JAM CREATIVE.
You acknowledge that use of the Services and Software may be subject to the export and import laws of the United Kingdom and other countries. You agree to comply with all export and import laws and regulations. You agree that you will not use the Services and Software for any purposes prohibited by United Kingdom law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. this Agreement and the relationship between you and Purple Jam Creative will be governed by the laws of United Kingdom, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in United Kingdom to resolve any dispute or claim arising from this Agreement. As to intellectual property rights, you specifically agree that Purple Jam Creative may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. this Agreement constitutes the entire agreement between you and Purple Jam Creative and completely replace any prior agreements between you and Purple Jam Creative in relation to the Services and Software. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. The failure of Purple Jam Creative to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there will be no third-party beneficiaries to this agreement. You agree that any claim or cause of action related to this Agreement or the use of the Services and Software must be filed within one (1) year after the cause of action arose or be forever barred.
You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Purple Jam Creative. Purple Jam Creative may freely assign this Agreement to a third-party in the future.
17. Changes to This Agreement
Purple Jam Creative 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, Purple Jam Creative will use commercially reasonable efforts to notify you of any such action by sending you an e-mail, an in-client message or by posting relevant information on the Sites. Purple Jam Creative 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.
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