Terms of Use
Last Updated on July 24, 2023
Introduction
These Terms of Use (“Terms”) govern your use of the WordPress Hosting Service, Website Maintenance & Support, Web Development, Search Engine Optimization, Email Marketing and Consulting (“Service”) provided by TenayaWP, Inc. (“we”, “us”, “our”). By using our Service, including our Managed WordPress Hosting and eCommerce Hosting products, you agree to these Terms.
Our Services
We provide a managed WordPress hosting service, leveraging the infrastructure of WP Engine. Our services include website hosting, backup, update, security, customer support, and other related services. We reserve the right to modify or discontinue any part of our Service at any time.
Account Registration
You must register for an account to use our services. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.
User Responsibilities
You are responsible for all activities that occur under your account and all content posted on your website. You agree not to post content that is illegal, offensive, or in violation of any third-party rights. You are also responsible for maintaining the confidentiality of your account information and for securing your network connection.
Payments
We operate on a subscription basis. You will be billed in advance on a recurring basis (e.g., monthly or yearly) until you cancel your subscription. Payments are processed through Wave Financial Inc. and Stripe. Late payments may result in a suspension or termination of your Service.
Refund Policy
We offer a 60-day money-back guarantee on our Managed WordPress Hosting and eCommerce Hosting products. If you are not satisfied with our services, you may request a full refund within 60 days of purchase. Refunds will be processed through Wave Financial Inc. Please note that we do not offer refunds on the following products or services: Website Maintenance, Website Development, General Consulting, Website & Email Migrations, and Search Engine Optimization.
Termination
We may suspend or terminate your access to our services for any reason, including breach of these Terms. Upon termination, you must immediately stop using our services and any outstanding payments will become due.
Limitation of Liability
Under no circumstances shall we be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services.
Indemnification
You agree to indemnify, defend, and hold harmless TenayaWP, Inc. and its directors, officers, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses arising out of your use of our Service, including but not limited to your violation of these Terms.
Dispute Resolution
Any disputes arising out of or relating to these Terms or the services we provide will be resolved in accordance with the laws of California, United States, without regard to its conflict of law rules.
Changes to these Terms
We reserve the right to modify these Terms at any time. We will always post the most current version on our site. By continuing to use our Service after the changes become effective, you agree to be bound by the revised Terms.
Contact Us
If you have any questions about these Terms, please contact us at support@tenayadigital.com
Data Breach Notification Policy
In the event of a data breach, we commit to notifying affected users as soon as reasonably possible, and will provide information about what data was compromised, steps we are taking to address the breach, and what actions users can take to protect themselves.
Service Level Agreement (SLA)
Our commitment to our users is to provide a reliable, high-quality service. We guarantee 99.9% uptime for our hosting services. If we fail to meet this standard, affected users may be eligible for a credit towards their next billing cycle.
Support requests will be acknowledged within 24 hours and we will make our best efforts to resolve issues within 48 hours of acknowledgement.
Acceptable Use Policy
Users of our services are prohibited from:
- Using our services for any illegal purpose
- Engaging in activity that compromises the security and functionality of our services
- Engaging in abusive behavior or harassment towards other users or our staff
- Violating the intellectual property rights of others
Violation of these rules may result in immediate termination of services without refund.
Data Processing Agreement (DPA)
For our EU customers, we are committed to the proper handling of personal data in accordance with GDPR regulations. A comprehensive Data Processing Agreement is available to all customers upon request.
Disaster Recovery Plan
We have a robust disaster recovery plan in place to protect user data in the event of a server failure or other catastrophic event. Regular backups are made of all user data and can be restored within 24 hours of a failure event. Users can request more detailed information about our disaster recovery plan by contacting us directly.