Client – a natural or legal person or an organizational unit with legal capacity, conducting business activity, which concludes an Agreement with the Provider;

Provider — Company “MISKY Aleksander Misky”,  Warszawska 40/2A, 40-008 Katowice, Poland. VAT UE (Polish “NIP”): 9691624824, REGON: 36798733, which implements the Agreement with the Client;

Care Plan – a set of services that is offered to the Client in return for a specific Fee. Care Plans differ in the scope of services provided and the Fee due;

Extra Work Hour (Website Edits) – a service of working hours of a WordPress specialist/developer on the part of the Provider for the Client, made available after extra payment by the Client in addition to and in addition to the Care Plan Fee.

Extra Work Hour (Development) – service of the working hours of the WordPress developer on the part of the Provider for the client, upon prior payment in advance by the Client in addition to and in addition to the Care Plan Fee.

Failure – a complete suspension of the Website’s operation or any other obstacle that completely prevents the proper use of the Website, including a situation in which it is not possible to place an order, if the Website offers such an option;

Error – incorrect functioning of the Website, which does not prevent the full use of the Website, but significantly impedes its use;

Defect – a malfunction of the Website, which is neither a failure nor an error;

Event – failure, error or malfunction on the Website.

Ticket – an e-mail, which may also contain attachments in the form of files, sent to the Client as part of the Care Plan, provided informing about a Breakdown, Error, Defect or a request for modernization works on the Website. Website Edits will be performed if the Care Plan includes this service and if the Client has unused hours in the month of sending the Ticket.

Price list – information available on the Website regarding the terms and amount of Fees, as well as other charges. Changing the price list does not change the ToS;

Fee – remuneration due to the Provider for the provision of paid services by him;

Parties – the Provider and the Client;

Agreement – a contract for the provision of Website administration services to the Client, which is concluded between the Provider and the Client;

Website – the website https://wordcare.uk, the owner and administrator of which is the Provider

Care Plan Subscription – the form / method of purchasing the service from the Provider by the Client through the Provider’s Website offering the ordering method in the form of a virtual product, billed in advance every month, automatically debiting the Client’s payment card

Company Secret – technical, technological and organizational information of a company, as well as other information with economic value, which, in whole or in a specific combination and set of its elements, are not commonly known to people who usually deal with this type of information or are not easily accessible to such people, o The parties authorized to use the information or dispose of it, with due diligence, have taken steps to keep it confidential

Care Plans

Manage

• Emergency support
• Weekly Updates
• Weekly reports and integration with Google Analytics
• Daily backups (1x day)

Secure

• Emergency support
• Weekly Updates
• Weekly reports and integration with Google Analytics
• Daily backups (2x a day)
• 24/7 monitoring of the Website
• Daily Site Scan
• Website Security
• Website Edits (1 hour / month)

Performance

• Emergency support
• Weekly Updates
• Weekly reports and integration with Google Analytics
• Daily backups (4 x day)
• 24/7 monitoring of the Website
• Daily Site Scan
• Website Security
• Website Optimization
• Website Edits (2 hours / month)

Custom

• Emergency support
• Weekly Updates
• Weekly reports and integration with Google Analytics
• Daily backups (4 x day)
• 24/7 monitoring of the Website
• Daily Site Scan
• Website Security
• Website Optimization
• Website Edits (2 hours / month)

Custom Pro

• Emergency support
• Weekly Updates
• Weekly reports and integration with Google Analytics
• Daily backups (4 x day)
• 24/7 monitoring of the Website
• Daily Site Scan
• Website Security
• Website Optimization
• Website Edits (4 hours / month)
  
  

• The Provider for the services provided will receive a lump sum remuneration in the amount specified in the Price List at www.wordcare.uk/pricing.
• Payment will be charged in advance automatically and cyclically (monthly) from the Client’s payment card, to which the Client agrees and has been informed about it before placing the order and making the payment.
• The Provider reserves the right to change the amount of the monthly remuneration and / or the scope of the Care Plan during the term of the Agreement. The contracting authority will be informed about the implementation of this amendment in writing, after which the Client will have the option to cancel the subscription in the following months if it does not agree with the change.
• The Provider may charge a discount as part of individual arrangements with the Client.

• As part of the services provided, the Provider also offers Extra Work Hours.
• Extra Work Hours are only possible to be used by the Client’s website with a signed Agreement with the Provider for the Care Plan.
• Remuneration for Additional Hours services is specified on the Provider’s website
• Extra Work Hours (Website Edits/Development) are available for use only in the month in which they were purchased.
• The Provider reserves the right to ask the Client to buy additional hours if the Extra Work Hours purchased earlier prove insufficient to process the Ticket.
• Extra Work Hours are paid in advance by the Client. The quantity of Extra Work Hours needed will be estimated by the Provider before the Ticket is processed, and the Provider reserves the right to ask the Client to buy additional hours if the original estimate proves insufficient to complete the Ticket.
• The Provider will start the implementation after paying the hours.
• Extra Work Hours (Website Edits) are intended for Website Edits (described in the “Website Edits” section), other than development, design and creating a new website.
• Extra Work Hours (Development) include development and design work.

1. Purchase of Subscription is indefinite until canceled by Client
2. The Client may cancel the subscription by sending information about the willingness to cancel to the Provider’s e-mail address: contact@wordcare.uk.
3. The subscription is renewed automatically every month until it is canceled.
4. The Client may cancel the subscription at any time, with the proviso that the termination of the provision of services (including settlement) will take place on the date of termination of the Subscription to the Care Plan, and not the date of cancellation / sending the request to the Provider.
5. If the Subscription is canceled before its termination date, the difference in price will not be refunded as the services will continue to be provided by the Provider until the termination of the Subscription. The Provider may terminate the provision of services before the end of the Subscription at the request of the Client, however, this does not result in a refund for the unused period of the Subscription.

1. The response time to the Client’s Ticket is up to 24 hours on business days. The Provider reserves the right to change these hours in the future, of which he undertakes to immediately inform the Client. If the Ticket is received on polish public holidays, the response time starts to run on the first possible working day.
2. The reaction to the Ticket is not an automatic reply informing the Client about the receipt of the Ticket.
3. The time for resolution depends on the content and type of the Ticket, however, the Provider will make every effort to resolve the Ticket within 24 hours.

Please, keep in mind that we are a company based in Poland and we work according to Polish holidays and public holidays.

Working Days – from Monday to Friday, excluding Polish holidays and public holidays

Working Hours – 7.00 a.m. to 3.00 p.m. GMT on working days.

The Provider reserves the right to change these hours in the future, of which he undertakes to immediately inform the Client.

1. The Client Portal is available at https://my.wordcare.uk
2. Access to the Client Portal is free of charge as part of the services provided by the Provider
3. Access to the Client Portal is available 24/7.
4. The Provider reserves the possibility of a malfunction, i.e. a break in the operation of the Client Portal. In this case, the client may send the Ticket directly to the e-mail address support@wordcare.uk
5. The Client Portal is administered by an external company: Teamwork.com Ltd.
6. The Client Portal offers the possibility of creating an account, thanks to which he will receive access to the history and status of his Tickets.
7. Access to the Client Portal (activation link) will be sent to the Client automatically after sending the first Ticket through the Client Portal

1. The Client shall provide the Provider with the Website login and password, login data to the Website’s files and its database within 2 (two) days from the purchase of the care plan. The data should be sent in a form that is protected against access by third parties as confidential data.
2. The Client is obliged to use strong server access passwords, FTP / SFTP connections, an administrator account on the Website and all other connections allowing access to the files and resources of the Website.
3. The Provider is not responsible for any data leaks caused by the Client’s use of outdated, unsecured or unencrypted network protocols and for the Client’s use of weak passwords.
4. The Client authorizes the Provider to use the logins and passwords presented only for the purposes of the services provided.
5. The Provider undertakes to secure the received logins and passwords in such a way that only persons authorized by him or the Client have access to them.
6. The Client agrees to the temporary transfer of login data to the Website account with administrator rights and / or data to FTP / SFTP for the support department of the author (supplier) of a given WordPress plugin, theme or other software installed on the Website if it is necessary only and exclusively to solve the problem / report. After the work is completed, the login details will be changed and available only to the Provider. The transfer of this data will not require the consent of the Client each time.

1. As part of the services provided, the Provider provides unlimited technical support in the event of a Failure, Error and Defect.
2. The Provider will remove the Failure, Error or Defect after prior notification of the Event by the Client by e-mail.
3. The Provider provides technical support during working hours on Working Days. If the Ticket is received on public holidays, the response time starts on the first possible Working Day.
4. The Provider is not responsible for the operation and efficiency of hosting companies and servers on which the website is located.
5. Restoring a backup may lose any recent changes made to the website.
6. Malfunctions caused by third party software (such as the hosting provider) are resolved by the operator of the respective software and server.
7. As part of the services provided, the Provider shall, if necessary, contact third companies on behalf of the Client regarding the defects and their solution.
8. Tickets may be sent via e-mail to the e-mail address support@wordcare.uk or via the customer portal available at: https://my.wordcare.uk,
9. The Provider does not provide technical support by phone or any other than indicated in point 8.
10. The Provider presumes that the Ticket comes from a person authorized to use the Website.
11. The Ticket should contain a detailed description of the failure, error, defect or modification request on the Website, as well as, if necessary, file attachments.
12. The Provider handles Tickets sent only and exclusively from e-mail addresses in the domain of the Client or other (additional) addresses indicated by him. The Provider’s does not handle Tickets sent directly by the Client’s customers to the Provider’s e-mail address.
13. The Provider shall not be liable, financially or otherwise, for any problems with the functioning of the Website, including downtime of the Website until the problem is resolved by the Provider.

1. Regular updates are performed on a weekly basis.
2. In special cases, the update may take place more or less frequently if it is required for the proper functioning of the Website.
3. If the removal of the problem after the update requires interference in the software, the author of which is not the Provider, to the extent exceeding the Provider’s rights to such interference, the problem will be forwarded by the Provider on behalf of the Client for removal by the author of this software in accordance with the warranty or license granted by him.
4. If the author / producer of the software no longer provides support, then solving the problem will require development work, billed as follows:
   1. Custom or Custom Pro Care Plan: Unsupported source code by author / producer will be modified / improved free of charge as part of the provided care plan.
   2. Care Plan other than Custom or Custom Pro: unsupported source code by the author / producer may be modified / improved for a fee as part of Additional Development Hours, which will be paid by the Client in advance.
5. Updating of plugins and themes that require a license to be paid will take place after their purchase and payment by the Client. The Client undertakes to provide the Provider with all necessary data enabling the update to be carried out. These data will be transferred to the Provider’s e-mail account.
6. The information about the performed updates will be sent to the Client every week in the reports from the Provider to the e-mail address provided by the Client.
7. If justified, the Provider will create a child theme of the active theme to update without losing any changes made to the active theme.
8. The Parties agree to allow short-term interruptions in the operation of the Website for the purposes of updating software on the server and system and hardware maintenance.
9. The Provider shall not be liable in any financial or any other way for problems with the functioning of the Website during WordPress updates, plugins and themes, as well as the negative effects of updates, including downtime in the operation of the Website until the problem is solved by the Provider.

1. The Provider will send weekly reports from the last seven days to the e-mail address provided by the Client.
2. Reports are sent free of charge as part of the services provided.
3. At the written request of the Client, the Provider integrates the reports with the Client’s Google Analytics account free of charge in order to include additional information on the Website traffic.
4. The integration requires the Client to provide the Provider’s access data to his Google Analytics account. At the same time, the Client declares that it has full rights to dispose of the above-mentioned access data.
5. Setting up and configuring a Google Analytics account is carried out by the Client.

1. Backups will be made daily at the frequency specified by the Care Plan.
2. Backups contain website software including plugins and themes, website media and database.
3. The Provider declares that the third companies and servers used and on which the website data is located are compliant with the GDPR.
4. The Provider reserves the right to occur in a situation where it will not be possible to make a backup on a given day due to a defect in the third-party software, the occurrence of which was beyond the Provider’s control. This situation will not affect the amount of the agreed remuneration and will not reduce it.
5. The backups will be saved in the cloud outside the website server using Amazon S3.
6. Site backups will be saved and stored for the last 90 days.
7. Any Backup copies stored by the Provider will be deleted on the last day of cooperation with the Client.
8. Information on the backups made will be sent to the Client every week in the reports from the Provider to the e-mail address provided by the Client.

PLEASE NOTE: This service is only available on selected care plans.

1. The Provider undertakes to scan the Website for security and malware every calendar day. If the result of the scan shows the presence of malware on the Website, the Client will be informed as soon as possible, and then the viruses will be removed from the Client’s website free of charge on the Provider’s Working Days and Hours.
2. If the scan result shows a security gap caused by an outdated plugin, the Provider will update or remove it as soon as possible during the Provider’s work. In the event that a paid license is required to update the plugin, the Provider shall immediately inform the Client.
3. The Client will receive information on the security status of the Website every week in the reports from the Provider to the e-mail address provided by the Client.
4. The Provider reserves the possibility of a situation in which it will not be possible to carry out a scan on a given day due to a fault in the third-party software, the occurrence of which was beyond its control. This situation will not affect the amount of the agreed remuneration, i.e. it will not reduce it.

PLEASE NOTE: This service is only available on selected care plans.

1. The Provider will implement the above-standard settings to strengthen the Client’s Website protection against hacker attacks and malware.
2. The Provider will install and configure the paid iThemes Security Pro plugin to assist in implementing advanced security settings for the website.
3. The Provider of this agreement is not responsible for any existing security gaps left by the developer of the Website or as a result of installing a theme and / or plugins from untrusted sources.
4. Actions of the Client that threaten the security of the Website, i.e. setting simple passwords, transferring access data to the website / FTP / database to other persons and entities, downloading and installing software on the Website from untrusted and non-genuine (unofficial) sources, using the Website on an infected computer or without an active program antivirus, logging in from the administrator level to the Website in unsecured and / or public networks (airports, cafes, co-working zones, shopping centers, etc.) are carried out at the full responsibility of the Client and its risk. The Provider bears no responsibility for the Client’s actions.
5. The license for the iThemes SecurityPRO plugin belongs to the Provider and will be made available to the Client free of charge as part of the services provided only for the duration of their provision.

PLEASE NOTE: This service is only available on selected care plans.

1. As part of the services provided, the Provider undertakes to perform actions leading to the optimization of the Website loading time and the implementation of possible changes to improve the Website’s performance.
2. The website optimization and acceleration service consists of:
   1. reducing the actual loading time of the Website based on the Pingdom measurement,
   2. possible recommendations and changes to hosting (like site migration)
   3. implementation and configuration of an external CDN service, the costs of which are covered by the Client.
3. Optimization activities will be carried out for the desktop and mobile versions. The final optimization result depends on the individual case due to the unique characteristics of the Website structure and the solutions used.
4. The Provider will install and configure paid plugins selected by the Provider to support the process of optimizing the Website, if appropriate.
5. The Provider will optimize the media (such as photos, pictures) on the Website, the size of which affects the loading time of the Website.
6. The Provider, although will make every effort to optimize the Website based on his knowledge and experience, never makes any guarantees or promises for the final optimization result (including Core Vitals, PageSpeed, Pingdom, GTMetrix results) as these are individually dependent on the Website and the way it is built.
7. Licenses for WP ROCKET and SMUSH PRO plugs belong to the Provider and will be made available to the Client free of charge as part of the services provided only for the duration of their duration.
8. Website migration to another server is free of charge as part of the Website Optimization service and can be performed in a justified case, when the current hosting / server is not efficient enough. The service consists in coordinating the migration process by WordCare. The migration will be carried out by the hosting company to which the Website will be transferred, and WordCare will ensure that the process is carried out effectively in the shortest possible downtime and availability of the Website. The service does not apply to migration in cases where the hosting company does not provide a free migration service. Then the Provider and the Client individually agree on the migration and related costs.
9. The optimization process is a complex process, so it may take 7-14 business days.

PLEASE NOTE: This service is only available on selected care plans.

1. As part of the services provided, at the disposal of the Client, the Provider provides a certain number of hours depending on the Care Plan per month of Site Edits on the Website, which include, at the request of the Client:
   1. content editing,
   2. changing banners and sliders,
   3. installation, removal and configuration of plugins,
   4. CSS changes/adjustments,
   5. adding / removing articles (posts) from the blog (excluding content editing),
   6. e-mail consultations with the Provider regarding the supported WordPress site,
   7. giving advice, instructions, tips, answering questions.
2. Site Edits do not include:
   1. updating and creating custom code,
   2. custom development (examples: coding new PHP in source files, building plugins, building themes),
   3. updating custom code,
   4. graphic design,
   5. PSD to WordPress,
   6. creation of content (copywriting)
   7. building out a new website or subdomain
3. The services specified in point 2 may be provided for a fee as part of the Extra Work Hour (Development) after prior consultation and verification with the Provider.
4. WordCare does not provide the services listed below, which means that they cannot be performed as part of the Site Edits or Extra Work Hour (Development), however, the Provider may recommend a third party to which the Client may request a quote:
   1. Creating new instances of WordPress (creating new sites), other CMS and other technologies.
   2. Installation of new WordPress instances
   3. Content editing (copywriting)
   4. Providing advice, consulting in the field of positioning and SEO
   5. Providing advice, consultations in the field of broadly understood internet marketing
   6. Content translations
   7. Administration of a dedicated server or one that requires upkeep and maintenance by the Client. It is then required to purchase server administration from the server provider or an external company providing such services at the cost of the Client.
   8. Help, consultation, support and configuration of external portals, the configuration of which requires logging in and knowledge of the external portal (examples: Mailchimp, Google Ads, Google Analytics, HotJar, Facebook, Google Tag Manager, Baselinker, etc.). WordCare may integrate (link) an external portal / platform for activities on the part of the Client’s Website and in the WordPress ecosystem / environment after previously provided plugins or tracking codes, which the Client should obtain on its own.
5. Unused hours in a given month for Site Edits available under the Care Plan will not be transferred to the next month / settlement period.
6. Hours for Site Edits available under the Care Plan cannot be charged in advance (from subsequent months) for the current month.
7. If the Client uses the available number of hours for Site Edits as part of the Care Plan, the Ticket may be processed in the following month or the Client may purchase an Extra Work Hour (Website Edits) or an Extra Work Hour (Development) depending on the type of Ticket.
8. The Provider reserves the right to suspend the provision of Site Edits if the Client does not pay the overdue payments on time until they are settled.

In order to describe these terms and conditions, terms have been used, the explanation of which is described below:

Production Site – this is the Site for which the Client has signed an Administration Agreement with the Provider.

Staging Site – This is a copy of the Production Site and its database that is not available at the same URL as the Production Site and is used to test changes before deploying them to the Production Site.

1. Creating a Test Environment is not available in the “Manage” Care Plan.
2. The Provider reserves the right to create a Staging Site on the BlogVault server to test updates or planned solutions, implementations and changes to the Production Site.
3. The creation of the Test Environment may also take place free of charge at the request of the Client.
4. The creation and use of the Staging Site is free of charge and there is no additional fee charged to the Client.
5. At the request of the Client, the Provider may provide the Client with the login data, so that the Client can also use it for its own purposes, however, interference in the Staging Site may not disturb the Provider’s activities and tests conducted by him.
6. The Provider may refuse the Client access to the Staging Site, if at that time it will conduct software activities and / or tests and, for the safety of these activities, it will not be recommended to log in other users.
7. The Staging Site is managed by BlogVault, accessed only by the Provider.
8. The Provider does not create or configure test environments in the place (server) indicated by the Client.
9. The Provider reserves the right to remove the Staging Site at any time when it becomes necessary. Removal of the Staging Site involves the irretrievable loss of all data.
10. The Provider may create a maximum of one Staging Site per Production Site at any one time. It is not possible to create several Test Environments simultaneously for one Website.
11. The Staging Site created by the Provider will be irretrievably deleted on the last day of cooperation with the Client, and all data will be permanently deleted.

The administrator of your personal data is the company: “MISKY Aleksander Misky”. Your data is processed for the purposes of: performance of the contract binding us, implementation of our legitimate interests (e.g. direct marketing regarding our services), fulfillment of legal obligations incumbent on us. Your data will be stored for a period of 5 years from the end of the contract, unless a longer period is required by law. You have the right to access your data, rectify it, delete it (if its processing is not required by law), limit processing, object to processing and transfer data. You can also lodge a complaint with the supervisory body – the President of the Personal Data Protection Office. Our subcontractors (processors), such as accounting firms, law firms, programmers, etc., may also have access to your data. We may transfer your personal data necessary to perform the contract for the provision of services to a third country or an international organization (Google, Facebook, etc.) on the basis of the Privacy Shield mechanism or with your consent. Providing your personal data is voluntary, but necessary to provide the service. In matters relating to the exercise of your rights and in case of questions regarding personal data, please contact us by e-mail at the following address: office@wordcare.uk.

1. If the Client grants the Provider access to the FTP server (SFTP / SCP), database or CMS administration panel, where the personal data of the Client’s customers and / or persons contacting him via the website are stored, the Client declares that it is the Administrator of these data. The Provider becomes a Personal Data Processor upon receipt of access.
2. The Client entrusts the Provider with the processing of personal data, and the Provider undertakes to process them in accordance with applicable law and the contract. The Provider will only have access to the Client’s personal data files and will not perform any other processing activities on them, unless explicitly instructed by the Client.
3. The purpose of the processing is the administration of the Client’s Website.
4. The Provider declares that the processing of personal data entrusted to him takes place in accordance with the provisions of the GDPR and national provisions on the protection of personal data.

Intellectual Property Rights and License

1.  The Client undertakes to respect the intellectual property rights of the Provider throughout the duration of the Care Plan Subscription and after its termination – under pain of liability for damages provided for in the relevant provisions of law.
2. The Client may not grant further licenses to third parties without the knowledge of the Provider’s consent.
3. The Client may not, without the knowledge and consent of the Provider, transfer the rights resulting from the license granted to third parties – both for a fee and for free.
4. The license will be granted when the Client obtains access to the services. The license expires at the end of the Care Plan Subscription and the provision of services, regardless of the mode in which it is done.
5. The Client undertakes to respect the intellectual property rights of third parties, in particular external suppliers.
6. The Provider undertakes to use intangible goods protected by intellectual property rights only for the purpose of implementing the Care Plan Subscription at the request of the Client.

Business Secret

1. The Provider uses the Business Secret (“know-how”) for the purposes of running his business.

2. The Client is obliged not to violate the Business Secret, including the know-how that belongs to the Provider during the term of the Care Plan Subscription and after its termination.

3. In the event of breach by the Client of the Business Secret, including the know-how belonging to the Provider, the Provider may pursue claims in this respect against the Client in accordance with the provisions on combating unfair competition and other provisions of general law.

4. The Provider undertakes to keep the Client’s Business Secret information indefinitely. The Provider shall not, in any form, disclose any information covered by the Business Secret to third parties (including entities) and shall not use the information covered by the Business Secret for purposes other than the performance of the Care Plan Subscription concluded between the parties.

5. Third parties do not include the Provider’s employees and persons and companies that the Provider uses to provide services. The provision of information will then only take place for the purpose of providing the services provided to the Client.

6. The Parties agree that the provisions of the Business Secret contained in these Terms of service are sufficient and satisfy the Parties. The Client will not require the Provider to sign additional confidentiality and so-called “NDA”.

1. The Provider will provide services in person or by a person or entity indicated by him, who will be authorized by the Provider to perform the services provided on behalf and for the account of the Provider.
2. The Parties will not be responsible for non-performance or improper performance of obligations under the Terms of service caused by circumstances considered to be force majeure, in particular extraordinary, external events and those that could not be foreseen.
3. The Client retains full ownership of the Website during the provision of services and after their termination.
4. The Provider is not responsible for the content and graphics posted by or on behalf of the Client on its Website, as well as for compliance with the Privacy Policy and GDPR and any other legal issues between the Client and the Website user.
5. The Client declares that it has full rights to the text and media on the Website.
6. The Provider has the right to refuse a service which violates the law and / or the public good, promotes hatred and discrimination, or may harm the website visitors.
7. The Provider undertakes to provide technical maintenance for the maintenance of the Website, at the same time is not responsible for lost profits by the Client, users and browsing the Website as a result of a hacking attack, force majeure and other reasons beyond the Provider’s control.
8. The payment for the domain, server (hosting), SSL certificate, paid plugins and / or theme installed on the Website and all other services belonging to the OClient is on the Client’s side.