Terms Of Service

Terms And Conditions

SG Enterprises USA

The Service: Website Setup Service/PC Repair

Client will supply all Content such as products, services, pages individual images and text documents. SG Enterprisesdoes not offer content creation, stock images, custom scripting or managed services.
Clients are responsible for all 3rd party software, styles or themes and supplying needed information for connections to 3rd party integrations such as social media platforms.
SG Enterprisesdoes not offer marketing or managed services. However as a benefit to our hosted clients SG Enterprises implements monthly maintenance services including and limited to security updates to SG Enterprises platform.
SG Enterprises may refer to a third party for custom coding needed by client and does not take any further responsibility for said custom coding.
E commerce: all eCommerce websites content will be provided by the client.
SG Enterprisesis not responsible for incomplete or failed setups when the client has not properly provided all items of content.
Concerning 3rd party designs and layouts: SG EnterprisesDoes Not Guarantee a layout exact to a preset design from a 3rd party source nor does SG EnterprisesGuarantee the 3rd party layout, themes or styles will meet current mobile requirements.
If Client has a pre-made design from a third party the client will supply the layouts, the WordPress style, and all images and content that apply. SG EnterprisesIs NOT RESPONSIBLE for unsupported design layouts from 3rd party designs themes or styles.
3rd Party Software; Defined in these terms as any plugin, script, style, theme or coding that does not come with the website installation package or software not licenced or offered by Local Business Websites.
We Do Not Gaurentee nor Support Any 3rd Party plugin Operation, Setup. The Client is Solely responceable for purchasing of any 3rd party software, coding, installation or licencing.
as a Curtesy SG Enterpriseswill Install any 3rd Party Software at a clients Request.

The Service may include any or all of the following:

Website Analysis: To check the current status of your website.
Keyword Finder: To help find powerful keywords.

iii. Automated Submissions to search engines for site indexing once or twice a month.

Manual submission to major search engines.
Visability on the Local Business Search.
We Do Not Offer Managed Services.
Limitations of SEO Service

SG Enterprisesdoes not guarantee any increase in traffic or sales to Customer in providing this service SG Enterprisesalso does not guarantee any exact placement in any search engines. This service specifically excludes pay per click advertising and anything not specifically enumerated in this contract. SG Enterprisesis not liable for any loss of ranking to Customer. Further SG Enterprisesis not liable for any other changes or issues caused by other search engine optimization companies or by the customer.

Cost of Service

In consideration for the Website Setup services contemplated by this agreement, Customer will make payments to: SG Enterprisesas described in this section. All sales are final, and SG Enterprisesoffers no partial or full refunds.

Payment: Customer will pay SG Enterprisesfor a one-time fixed setup fee and then a monthly maintenance fee if applicable. Customer agrees to a minimum of six months of Hosting if hosting services are provided, and will be billed on a month-to-month basis thereafter. All amounts are in U.S. Dollars.

Payment Schedule and Late Fees: SG Enterpriseswill invoice the Customer monthly, and all payments are due within five (5) days after submission of invoice. If a payment is returned or rejected by our bank, Customer shall pay us a service fee of $40 and reimburse all additional fees and costs incurred by us. Customer may also be deemed to be in Default (See Section 4 of this Agreement).

Change in Fees: SG Enterprisesmay change its fee schedules on sixty (60) days notice by postal mail and/or electronic mail. Upon such notice, the Customer shall have thirty (30) calendar days prior to the effective date of the fee schedule to notify us by certified postal mail and/or electronic mail if Customer does not agree to such a rate increase and that Customer wishes to terminate this Agreement.

Taxes: Customer will be responsible for all taxes associated with Services contemplated by this agreement, and taxes will be in addition to the rates quoted.

4a. Default by Customer

SG EnterprisesService Agreement Taxes: Customer will be responsible for all taxes associated with Services contemplated by this agreement, and taxes will be in addition to the rates quoted.

4b. Default by Customer

If a payment by Customer is returned or rejected by SG Enterprisesbank, Customer shall be immediately deemed to be in default of this Agreement. Accounts not paid in full by the tenth day after SG Enterprisessubmits its invoice may have service interrupted or terminated; interruption does not relieve the Customer from the obligation to pay all fees due to Local Business Websites, including the monthly account charge. Accounts and all amounts in default are subject to a late payment charge of 1.5% per month, or the maximum amount permitted by law, whichever is less, until fully paid. Customer also agrees to pay SG Enterprisesall of its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights via a Customer default.

Customer’s Right to License or Resell

Customer may not resell or license any of SG EnterprisesSoftware or Services to any third parties without the prior written consent of Local Business Websites. For example, Customer may not provide Website or services to any third party without SG Enterprisesprior written consent. This is a material breach of this Agreement and releases SG Enterprisesfrom all obligations associated with this Agreement. Ask your Website representative about our Optional Re-sellers Program. See Optional Re-seller Agreement.

Use of Names and Trademarks

As part of this Agreement, Customer grants SG Enterprisesa non-exclusive right and license to use Customer’s business names, trade names, trademarks, and service marks (collectively, “Customer’s Marks”) (a) on SG Enterprisesown Web Sites, (b) In printed and online advertising, publicity, directories, newsletters, and updates describing SG EnterprisesServices, and, (c) in applications reasonably necessary and ancillary to the foregoing. Customer may use SG Enterprisestrade name, trademarks, and service marks (collectively, ” SG EnterprisesMarks”) in advertising and publicity in conjunction with the offering of Customer’s content, provided that the Customer shall submit a copy of all such use to SG Enterprisesfor its prior written approval, and provided further that under no circumstances shall such use imply that SG Enterprisesendorses, sponsors, certifies, approves or is responsible for Customer’s content. Notwithstanding the foregoing, the Customer need not obtain SG Enterprisesprior written approval where use of SG EnterprisesMarks is limited to inclusion in a list of systems via which Customer’s content is available.

Length and Termination of Agreement

Term: This Website Hosting Service Agreement shall begin on the Effective Date and shall continue on a month-to-month basis, the client may cancel at any time.

Compliance with Acceptable Use Policies

Acceptable Use Policy: SG Enterprisesmaintains on its Web site an Acceptable Use Policy (“AUP”). Customer agrees to abide by the AUP. SG Enterprisesmay modify its AUP at any time, and shall post the then-current AUP on its Web site, to be effective upon posting. End Users to Comply with AUP: Customer acknowledges that SG Enterprisesmay terminate an end user’s access to Customer’s Web Site for noncompliance with Local Business Websites’s AUP. SG Enterprisesmay thus terminate such end user’s access to Customer’s content even if the end user has not violated the Customer’s own terms and conditions of use of its web site.

Customer Content You, the Customer, acknowledge and agree that you are solely responsible for ensuring the integrity of your content. Although SG Enterprisesprovides data backup services, the Customer is advised that SG Enterprisesin no way is responsible for any damages resulting from the loss of your content, regardless of the reason for such loss. We encourage you to backup and archive your content regularly.
Indemnification and Warranties INDEMNIFICATION: Customer shall indemnify and hold harmless SG Enterprisesfrom and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to the Customer’s provision, or an end user’s use, of Customer’s content, or any act, error, or omission of the Customer in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property or other right; or violation of any applicable law.

THE SEO SERVICES PERFORMED AS WORK PRODUCT UNDER THIS AGREEMENT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED OR STATUTORY SUCH AS ANY WARRANTIES OF QUALITY, PERFORMANCE, NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. SG Enterprises DOES NOT WARRANT THAT THE WORK PRODUCT WILL MEET CUSTOMER’S NEEDS OR IS FREE FROM ERRORS. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND IT IS AGREED THAT THEY FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR DEVELOPMENT OF THE WORK PRODUCT AND OTHER SERVICES TO CUSTOMER SET OUT IN THIS AGREEMENT.

MISCELLANEOUS CLAUSES

Assignment: The rights and obligations under this Agreement are freely assignable by either party, provided however, in the event Customer assigns its rights under this Agreement to any third party, Customer shall continue to have the obligation to (i) pay SG Enterprisesif the third party fails to pay as required by this Agreement, and (ii) indemnify, defend and hold SG Enterprisesharmless as required by this Agreement. Backup and Firewalls: Customer is solely responsible for the proper backup and protection of all of its software and data, as well as the implementation and maintenance of appropriate firewalls and security measures (including proper virus control) in connection with the use and operation of the Customer’s computer facilities. Entire Agreement: This Agreement contains the entire understanding of the parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement.

Mutual Non-solicitation of Employees: Customer agrees not to hire or solicit employees of SG Enterprisesduring performance of this Agreement and for a period of twelve (12) months after termination of this Agreement without our prior written consent. Similarly SG Enterprisesagrees not to knowingly hire or solicit Customer’s employees during performance of this Agreement and for a period of 12 months after termination of this Agreement without your prior written consent.

Severability: If a provision of this Agreement is determined to be unenforceable in any respect, the enforce-ability of the provision in any other respect and of the remaining provisions of this Agreement will not be impaired. Signatures: This Agreement may be signed in counterparts. A Email transmission of a signature page will be considered an original signature page. At the request of a party, a party will confirm a Email-transmitted signature page by delivering an original signature page to the requesting party.

Termination: The termination of this Agreement, regardless of how it occurs, will not relieve a party of obligations that have accrued before the termination.

Refunds: There Are Absolutely No Refunds.

If You Are Unhappy With Our Services Please Contact Us And Let Us Make You Happy We Are Here To Help You Succeed !

3rd Party Products and Services Terms
WPMU DEV HOSTING, SOFTWARE and Services.

WPMU DEV is owned and operated by Incsub, LLC.

The following terms and conditions (“Terms”) govern all use of the WPMU DEV website and all content, services, and products available at or through the website, including, but not limited to, WPMU DEV Hosting, all plugins, and our API services, (taken together, our “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, Incsub’s Privacy Policy) and procedures that may be published from time to time by Incsub (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Incsub, acceptance is expressly limited to these Terms.

Use of our Services requires a WPMU DEV account. You agree to provide us with complete and accurate information when you register for an account.

Plugins

As a member, you are granted an inalienable right to own and continue to use all plugins and themes that you have downloaded from WPMU DEV, even after your free-trial or membership subscription is cancelled. Whether you are a current member or not, all plugins and themes will continue to function “as is” regardless of if your membership expires.

Updates are released often for compatibility, feature upgrades, and additions and are only available to customers who have an active membership with WPMU DEV. ‘Automatic Upgrades’ are available to customers who have the WPMU DEV Dashboard plugin installed and a current membership.

We are committed to doing our best to ensure that all of our products and services are compatible with the latest versions of WordPress within 24 hours of any release. We can give no guarantee that products will work with older versions of WordPress, though we will work to support backward compatibility whenever reasonably possible.

Hosting

If you are using our managed hosting services, the following applies:

By using our hosting services, you grant us access to your website and database for the purpose of hosting and/or backing up your content.
In order to address security vulnerabilities, we will first notify you, and then we may push an upgrade to your site, or we may access your site to remove malicious code.
We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.
If you lose access to your WPMU DEV account or cancel your membership, you will not be able to access your hosting or backup data. We may not be able to recover backups or data more than fourteen (14) days after the account goes inactive.
You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.

For sites that we host, our goal is an uptime of 100% – meaning all sites are available 24/7/365. We know that sometimes this goal may not be achieved, and in those cases, the following Service Level Agreement (SLA) applies:

We guarantee a 99.9% uptime SLA.
We do not place any hard limits on traffic, visits, or bandwidth on your sites. Should your site experience a spike in traffic (both human and/or by bots), your site may experience performance problems or even downtime. We will send an alert on how to upgrade your hosting plan to higher resources in this case, and our SLA will not apply.
Should the SLA not be met during a calendar month, you are entitled to an SLA Credit. You must contact support to request an SLA Credit within 30 days of the end of the month for which the SLA was not met. Credits will be valued at 5% of your monthly hosting charges for each full hour of downtime beyond the SLA and will not exceed 100% of your hosting charges. Downtime will be determined by our monitoring tools.
Our SLA applies to any human errors by our team and by employees or contractors of any 3rd party service providers that we use to supply the hosting service.
Our SLA does not apply to any downtime that is out of our control, including problems resulting from 3rd party code, user-error, or natural disasters such as floods or earthquakes.

Free hosted sites or sites that are paid for using promotional credit may be archived after 21 days of inactivity. Sites will be marked as ‘active’ automatically if one of the following occurs:

The settings for the site has been visited at least once in the Hub in the past 21 days
A custom domain has been added to the site and validated

We will send a warning email one week before archiving the site and again when the site is archived. A site can be restored and made active again within 30 days of being archived.

API Services

Some Services require API access to enable all features and functionality. These currently include, but are not limited to WP Smush Pro, WP Smush, Hummingbird, Integrated Video Tutorials, the Hub, Defender, WPMU DEV Dashboard Plugin, Snapshot Pro, SmartCrawl, and Forminator.

If you are using any of our API Services, the following applies:

You must maintain an active subscription with WPMU DEV to make use of API services. API based services may only be accessed by our plugins designed for that purpose.
API services use an assigned API key to connect. You may only use your API key on sites that belong to you or those of your clients. You may not resell, share, or publish your API key.
Violation of any of these terms may result in the immediate termination of API access and/or your WPMU DEV membership.
We reserve the right to suspend API access to users that use an unusual amount of API requests or resources that we feel may impact the services to other members.
All of our plugins can be installed on any number of sites that you own or develop for a client. For automatic updates and in-dashboard support provided by our WPMU DEV Dashboard plugin, we do however have a soft API limit to help protect against fraud and abuse. You can contact us to request that your limit be increased. Current limits include 1,000 domains for our Dashboard and Video APIs.

Snapshot & WPMU DEV Hosting Backups

All WPMU DEV members have free storage space shared across all Hub-connected sites and can store Snapshot backups for up to 50 days. The storage capacity depends on the membership plan, and additional space can be purchased if needed.
All WPMU DEV hosting plans include nightly Hosting backups with no storage costs. Hosting backups can be stored for up to 30 days. Hourly Hosting backup services can be purchased for individual sites at an additional cost.

If you are using the Snapshot Pro backup service, the following applies:

By using our Snapshot or Hosting backup services, you grant us access to your website, database, and any virtual or physical servers for the purpose of backing up and or restoring your data and content.
We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.
If you lose access to your WPMU DEV account or cancel your membership, you will not be able to access your backup data. We may not be able to recover backups or data more than fourteen (14) days after the account goes inactive.
You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.

Prohibited Uses

When using WPMU DEV Services, you agree not to:

violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights);
publish, host, or transmit content that is defamatory, slanderous or trade libelous;
publish, host, or transmit content that is threatening or harassing;
publish, host, or transmit content that is discriminatory based on gender, sexual orientation, race, age or promotes hate;
disclose the sensitive personal information of others;
distribute material that is or enables malware, spyware, adware, or other malicious code;
send spam or bulk unsolicited messages;
interfere with, disrupt, or attack any service or network;
resell, share, or publish WPMU DEV credentials or access;
make any WPMU DEV plugin available for public download in ways that violate the Terms of the GPL 2.0 license.

Payments & Subscriptions

WPMU DEV is a membership site and many of our Services require an active paid subscription – including WPMU DEV Memberships, Hosting, Managed Backups, and our CDN (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we’ll charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time on your account overview page or by contacting support.

To ensure uninterrupted service, our 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). Your Paid Services are renewed for the same interval of time.

If you choose to cancel your subscription, your membership will remain active until the end of your current billing cycle.

If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services.

We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate.

We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

We may run promotions where Hero Points can be exchanged for memberships, services, or items of value. We reserve the right to deny the use of Hero Points or terminate accounts if you commit fraud or abuse the Hero Points system in any way.

Refunds

If you are experiencing a technical issue, before requesting a refund, let our support team help resolve the issue by submitting your request here.

Refunds requested after the free trial period are issued at the discretion of our support staff. No refunds whatsoever will be given for scheduled subscription payments after 30 days, except in the rare case that it is due to billing errors on our end.

If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we will not provide a refund and we may revoke your access to our Services in general.

Refunds are available once per person or entity and will not apply if your account is in violation of these Terms.

Free Trials

Your membership may include a free trial. We require you to provide your payment details to start a free trial. You will not be charged until the end of your free trial period.

Free trials are regulated by a few simple rules outlined below:

Only one free trial is allowed per person or business ever. Creating a duplicate account in order to get multiple free trials is forbidden.
When you are on a free trial, you can’t directly download plugins or themes from WPMU DEV – you must install the WPMU DEV Dashboard plugin and install any plugins and themes you wish to use via the plugin.
When your free trial has ended, we will automatically withdraw payment for the membership associated with your free trial. Payment will continue on a recurring monthly basis until such time you cancel.
By providing your payment details in conjunction with the free trial registration, you agree to this charge. If you do not want this charge, you must cancel your membership before the end of your free trial. You will not receive a notice from us that your free trial period has ended.

You can cancel your free trial at any time here. If you cancel during your free trial, any updates, API services, and support will end immediately, however, you will be able to continue using all plugins and themes you’ve downloaded on as many sites as you like. Information on canceling a paid membership can be found in our Subscriptions section.

Support

We offer our Services ‘as is’, with no implied meaning that all Services will function exactly as you wish or with all 3rd party components and plugins.

Support is provided by Live Chat on the WPMU DEV site and in our Forums. Any issues that can’t be immediately or easily answered via Live Chat will result in the creation of a Forum ticket for ongoing follow-up and tracking.

We commit to having our support team available and staffed 24/7/365, and that average Live Chat wait times will be under 10 minutes. Resolution times of issues will depend on the complexity, support queue, and the availability of the appropriate staff member to address the issue.

We will do our utmost to support anything WordPress related, however, some requests may require complex or custom work which is beyond the scope of what we can reasonably provide. We reserve the right to determine which requests and levels of support that we can and can’t provide.

You may grant our support team access to your sites in order to troubleshoot and resolve problems. It is your responsibility to always obtain a backup of your site prior to requesting support or granting access to support staff. Further, you take full responsibility for lost content or any downtime as a result of support – both on staging and production sites. We strongly recommend that troubleshooting take place on staging environments first whenever possible.

In order to receive support for any Service, you must be using the most recent version of our products, WordPress, and any other theme or plugin utilized on your site. WPMU DEV makes no guarantees and cannot provide support to anyone using outdated or otherwise altered versions of our products. We offer no support via email or otherwise for installation, customization, or 3rd-party hosting administration of WordPress itself.

Security

You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure and you must immediately notify WPMU DEV of any unauthorized uses of its sites, its account, or any other breaches of security.

White Label and Reselling

Creating accounts on White Label Hub agree to their data being hosted by us.

Legal Notices

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 (16 years or older in the European Union).

Our Services are provided “as is.” Incsub 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 Incsub nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Alabama, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Birmingham, Alabama.

In no event will Incsub, or its suppliers or licensors, be liable with respect to any subject matter of this 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 the fees paid by you to Incsub under this Agreement during the twelve (12) month period prior to the cause of action. Incsub shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Agency Directory

Use by Agencies

Only WPMU DEV members can list their agency/company on WPMU DEV’s Agency Directory.
Interested agencies may submit an agency profile for inclusion in WPMU DEV’s agency directory.
The information that an agency needs to provide for inclusion in WPMU DEV’s agency directory includes the following:
- Company name
- Company description
- Website link
- Logo
- Location
- Social media links (FB, LinkedIn, Instagram, and Twitter)
- The services that the agency offers
- Contact us page link
- Screenshots and links to websites completed by the agency
- The number of employees
- The project sizes the agency accepts
- The minimum project budget the agency accepts
We reserve the right to make any changes to the agency directory, including removing an agency’s profile at any time at our discretion.
Agencies may request updating or removing their profile at any time.

Use by Clients

We are not responsible for your engagement with any agency listed on our agency directory.
We are not accountable for any products or services the agency provides to you.
Any questions or concerns that arise based on your use of a service provided by any listed agency should be addressed with the agency.