Last updated: January 20, 2023
1. These Terms and Conditions apply to the provision of a ‘WordPress maintenance plan’ (Services) by Beknowin Limited a company registered in England and Wales under number 11472882 whose registered office is in Flackwell Heath, Buckinghamshire, HP10 9AY (we or us or Service Provider) to the person buying the services (you or Customer)
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation and pay for the Service provided online, and these Terms and Conditions and the price and service displayed on the website (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation and Definitions
4. For the purposes of these Terms and Conditions:
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Beknowin Limited, based in Flackwell Heath, High Wycombe.
- Account means a unique account created for You to access our Service or parts of our Service.
- Website refers to Beknowin Limited, accessible from https://beknow.in
- Service refers to your WordPress maintenance plan and associated ad hoc tasks.
- 3rd Party Service Provider means any 3rd party provider that provides services to You in relation to your website, and who We may need to communicate with on your behalf.
- Personal Data is any information that relates to an identified or identifiable individual and may include login details for .
- A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
- The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
5. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the service outlines, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
6. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the Service description; however, time shall not be of the essence in the performance of our obligations.
7. Maintenance contract:
What is included:
• Updates to WordPress core once at the start of each contract cycle
• WordPress Plugin Updates once at the start of each contract cycle
• WordPress Theme Updates once at the start of each contract cycle
• Installation and maintenance of WordPress security plugin to help prevent brute force attacks and spam (if selected)
• Installation and maintenance of WordPress optimisation plugin to improve the performance of the website (if selected)
• If, following updates to WordPress core, WordPress plugins or WordPress themes, one or more of the updates cause problems for the overall functioning of the website, the site will be ‘rolled back’ to the state before the updates were performed using the latest website backup. We will contact You to discuss remediation should this be required.
• Monthly or bi-monthly backup of the Database depending on Service selected
• Monthly or bi-monthly backup of Files depending on Service selected
• Developer time for minor edits, text and image changes as per the Service selected.
• Business mentoring time in place of development time. Either mentoring OR developer time is permitted per contract cycle.
• ‘Helping Hands’ Support to cover communications with domain, hosting and SSL certificate providers in order to keep your website functioning correctly.
What is NOT included:
• Changes to the website content including text, images, pages, menus etc, except where minor edits are included in the editing time per contract cycle.
• Addition of new features to the website or modification of existing features
• Changes to the design of the website
• Installation of new WordPress plugins
• Installation of new WordPress themes
• Repair of website
• Any work required to remedy an issue where an update has not been carried out by Us, to WordPress core, WordPress plugins or WordPress themes but has been found to cause problems to the overall functioning of the website. This work will be charged separately if required.
7. You must provide us with access to any and all relevant software, platforms, accounts, information, materials, properties and any other matters which we need to provide the Services.
8. If you do not comply with clause 10, we can terminate the Services or deliver only the parts that the access you have granted us, allows us to access.
9. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Fees and Payment
10. The fees (Fees) for the Services are set out on our website https://beknow.in/buy-wordpress-website-maintenance-plan.
Monthly payment plans are for a minimum of twelve months after which payments are then collected on a monthly basis until either party gives notice of terminations.
For Annual payment plans, payment is collected at the beginning of the contract cycle and unless terminated, will renew again at the end of the annual cycle.
11. You must pay Us for any additional services provided by Us that are not specified in the Service in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between Us. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
12. Any additional work arising from the Service, will be presented to you for approval and must be paid for within 7 days of invoice.
Cancellation and Amendment
13. Annual Service subscriptions are renewable yearly. You may terminate with at least one month’s notice prior to your renewal date.
14. Monthly Service subscriptions are debited monthly for a minimum of twelve months. You may give notice of termination of this agreement in the eleventh month of your service.
15. We or You can withdraw, cancel or amend the Contract if it has not been accepted by you, or if the Services have not started, within a period of 14 days from the date of payment, (unless the quotation has been withdrawn) and as long as Services have not commenced.
16. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
17. Payment will be automatically taken when you sign up to your chosen Service.
18. Additional Fees for ad hoc tasks are due within 7 days of the date of invoice.
19. Time for payment shall be of the essence of the Contract.
20. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we may charge you interest at the rate of 1.5% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
21. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
22. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
23. Receipts for payment will be issued by us only at your request.
24. All payments must be made in British Pounds unless otherwise agreed in writing between us.
25. We can terminate the provision of the Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or
b. fail to make pay any amount due under the Contract on the due date for payment; or
c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
f. Your website is used for any illegal or unethical purposes.
26. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and Indemnity
27. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
28. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
29. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
30. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
31. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
32. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
33. The parties agree that where such processing of personal data takes place, the Customer shall be the ‘data controller’ and the Service Provider shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
34. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
35. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
36. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
37. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
38. Further information about the Service Provider’s approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can email: firstname.lastname@example.org.
Circumstances beyond a party’s control
39. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
40. All notices under these Terms and Conditions must be by email to email@example.com by or on behalf of, the party giving notice (or a duly authorised officer of that party).
41. Notices shall be deemed to have been duly given when an acknowledgement is received from firstname.lastname@example.org
42. All notices under these Terms and Conditions must be addressed to the most recent postal address or email address notified to the other party.
43. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
44. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
45. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.