Effective Date: OCTOBER 1, 2023
.We the folks at iT-werX are on a mission to make the web a better place. We hope you love our products and services — from website publishing tools to ecommerce solutions to security backup systems to management tools for global companies to the next great idea that we haven’t even thought of yet — as much as we love creating them.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.
We’ve decided to make these Terms available under a Creative Commons Sharealike license. You can grab a copy of these Terms and other legal documents on Github. You’re more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise the language so that your Terms reflect your actual practices. Also, if you do use these Terms, we’d appreciate a credit and link to iT-werX somewhere on your website.
Terms of Service
These Terms govern your access to and use of iT-werX products and services (for example, ecommerce services as outlined below in Section 7e) available at or through this Service.
These Terms also govern visitors’ access to and use of any websites that use our Services, such as websites hosted on other servers or our clients of the Client Relations Manager that are operated by other users.
For some of iT-werX’s other products and services provided by us, additional Terms of Service may apply and will be posted on the websites for those products and 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, Privacy Policy), and procedures that may be published from time to time by iT-werX (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
1. Who’s Who
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in the European continent. If you reside in the “Designated Countries,” the Agreement is with iT-werX. If you reside outside of the “Designated Countries,” the Agreement may not be valid.
We refer to iT-werX as "us" throughout these Terms.
2. Your Account
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create an with our services account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication.
3. Minimum Age Requirements
Our Services are not directed to children. Access to and use of our services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our services. Any person who registers as a user or provides their personal information to our services represents that they are 13 years of age or older (or 16 years or older in the European Union).
4. Responsibility of Visitors and Users
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, FaceBook.com or our other services. For example:
5. Fees, Payment, and Renewal
a. iT-werX Fees
Fees for Paid Services. Our Services are offered for a fee. By using a Paid Service, you agree to pay the specified fees (for example, iT-werX Pricing, and fees associated with specific features). Depending on the Paid Service, there may be a one-time fee, recurring fees, or revenue-based fee. For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees — such as fees for Recurring Payments for your website’s subscriptions — you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.
Taxes. 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.
Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription 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 subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a WordPress.com annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date by visiting your Manage Purchases page. For more information about how WordPress.com subscriptions work, please see our Manage Purchases, Renewals & Cancellations support page.
Cancelling Automatic Renewal. You can manage and cancel your Paid Services at the respective Service’s site. For example, you can manage all of your membership plans through your accounts on the systems you signed up for. To cancel a membership plan, go to your user profile edit page, click on the deactivate plan you wish to cancel, then follow the instructions to “cancel the subscription.” You must repeat this process for each subscription you wish to cancel.
Fee Changes. We may change our fees at any time, or start charging fees for services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
b. Fees Collected by Website Owners
Fees Paid to Websites or Website Owners. Website owners may choose to sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. Please note that we are not involved in a website’s subscription details, or a website’s store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you purchase items or subscriptions from a website, your purchase is directly from the website owner, who is solely responsible for the items sold. Please contact the website owner if you have any questions or complaints.
Automatic Renewal. Any recurring payments you make to us are automatically renewed. This means that unless you cancel your website subscription before the end of the applicable renewal period, it will automatically renew. Your recurring payments will be renewed for the same interval of time as your original subscription period. For example, for an annual renewal schedule for your website subscription, you will be charged each year. You can view your renewal date by visiting your account on the system.
Cancelling Automatic Renewal of Subscriptions. You can manage and cancel your website subscriptions at your account page. Click on the automatically renewing payment you wish to cancel, then follow the instructions to cancel. You must repeat this process for each website subscription you wish to cancel.
Refunds. We are not responsible for refunds for fees paid to a website owner because those transactions are between website owners and their users. If you would like to request a refund for any fees paid to a website or website owner, please contact the website owner. If you have a complaint regarding a website owner, you can contact us.
6. General Representation and Warranty
You represent and warrant that your use of our Services:
7. Specific Service Terms
a. iT-werX Websites and Accounts
We provide a Customer Relationship Manager sales as a service to those that provide us payment.
We offer paid plans for features such as Team Manager, Customer Relation Tools, Reciept Handling, Proposal Tools Contract Tools, etc. Our service is designed to give you as much control and ownership over what goes on your paid service as possible. You own all content you post to your paid service. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence, ponographic materail) appear or shared through this service.
Failure to adhere to these terms will have their services on this system and if the actions led by you are found to violate Provincial and feral laws of Canada, you will be reported and banned from our systems.
If you find an iT-werX service holder violates these Terms, please visit our Contact Us.
License. By submitting Content to iT-werX for inclusion on your website, you grant iT-werX a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license also allows iT-werX to make any publicly-posted Content available to third parties selected by iT-werX (through FaceBook, for example) so that these third parties can analyze and distribute (but not publicly display) the Content through their services. You also give other members permission to share your Content on other websites and add their own Content to it (aka to “reblog” your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website.
Removing Content. If you choose to delete Content, we will use reasonable efforts to remove it from view (or in the case of a private website, from view by the authorized visitors) on iT-werX, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Web Traffic. iT-werX web apps use localized analytics. Believing in privacy, we do not sell information that is accumulated on our systems.
Prohibited Uses. By using any web application directly owned by iT-werX, you represent and warrant that your Content and conduct do not violate the User Guidelines.
Advertisements. We reserve the right to display advertisements on our web applications unless you have purchased a plan that includes the removal of ads.
Ecommerce Services
There are certain features offered that enable you to sell items (goods, content, services, etc.) or collect payments on our websites, such as Store, Simple Payments, and Recurring Payments (collectively, “Ecommerce Services”).
Usage of Information. Payment Services may require iT-werX’s servers, any interaction with a payment service would require the payee to abide by their data collection agreement. iT-werX holds no banking or credit information on the servers.
Prohibited Uses. You may not use Ecommerce Services for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Ecommerce Services or force refunds to your subscribers without notice to you if we determine (in our sole discretion) that your use is in violation of these Terms.
Third Party Services. These service will be used to do things like payments, shipping and share content with different social media outlets. Be aware that some of your — and your customers’ (when you add content to your shop) — data may be passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. For example, if you use Recurring Payments, you must create or use an existing PayPal account to manage payments, and by using PayPal, you agree to their terms and policies.
We are not involved in these relationships, but may facilitate communication in some cases. For example, we may, on your behalf, receive notices or forms relating to your PayPal account.
Fees. In some cases, you pay us a percentage (which may vary) of the revenue you generate through Ecommerce Services. Please note that we have no obligation to reimburse or refund these revenue-based fees when you issue refunds to your customers.
Tax Calculations. You are responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of Ecommerce Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Services (for example, tax calculations may be provided by TaxJar, if you are using Store) allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. While our goal is to keep our documents and tools up-to-date, tax laws change rapidly, and we do not guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge.
If we are obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you are responsible for such Taxes, and we may collect payment for such Taxes.
8. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an iT-werX product or service violates your copyright, please notify us in accordance with iT-werX’s Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of iT-werX or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
9. Intellectual Property
The Agreement does not transfer from iT-werX to you any iT-werX or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with iT-werX. iT-werX, WordPress, WordPress.com, the WordPress.com logo, and all other trademarks, service marks, graphics, and logos used in connection with WordPress.com or our Services, are trademarks or registered trademarks of iT-werX or iT-werX’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any iT-werX or third party trademarks.
10. Third Party Services
In using the Services, you may enable or use services, products, software (like themes or plugins), embeds, or applications developed by a third party or yourself (“Third Party Services”) on your website.
If you use any Third Party Services, you understand that:
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
11. Changes
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of iT-werX, or by the posting by iT-werX of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
12. Termination
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any iT-werX policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your iT-werX account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Disclaimer of Warranties
Our Services are provided “as is.” iT-werX and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither iT-werX, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk. We are not responcible for activity of the clients of the CRM service provided by iT-werX.
14. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the province of British Columbia, Canada., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to this Agreement and any access to or use of our Services will be the provincial and federal courts located in Vancouver British Columbia, Canada.
15. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
16. Limitation of Liability
In no event will iT-werX, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to iT-werX under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. iT-werX shall have no liability for any failure or delay due to matters beyond their reasonable control. iT-werX will take no responcibility for content that you upload, share, or sell through our services. The foregoing shall not apply to the extent prohibited by applicable law.
17. Indemnification
You agree to indemnify and hold harmless iT-werX, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any activities conducted through services that you paid for.
18. US Economic Sanctions
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
19. Data Processing Agreement
If you need a Data Processing Agreement with us for the GDPR requirements that apply to us as a data processor for your content on our service, please follow these instructions.
20. Translation
These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
21. Miscellaneous
The Agreement constitutes the entire agreement between iT-werX and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; iT-werX may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
