Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by LetMeCreateIT, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay LetMeCreateIT the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify LetMeCreateIT before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to LetMeCreateIT in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay LetMeCreateIT the applicable setup fees (if any) and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. LetMeCreateIT reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you, unless you have "locked in" a rate during a Sale Period (see also the next item "Discount Offers"). Services can be cancelled by you at anytime, with a minimum of 5 working days prior to the next renewal date.
- Discount Offers. If you commenced a subscription during a discounted offer period, e.g. End Of Financial Year sale period in Australia, then the rate at which you subscribed will be "grandfathered in", meaning it will remain at the rate you signed up for forever, subject to your subscription remaining active at all times.
- Failed Renewal Payment. If your subscription lapses/fails auto-renewal at any time, and is not renewed within 7 days after a written reminder, then your service will be placed on hold for a further 7 days after which it will be deleted from our system.
- Resubscriptions After Lapse. If you resubscribe after more than 7 days from the lapsed renewal attempt, you acknowledge that you will have to sign up fresh at the then current rate offered for the service level chosen, even if this rate is higher than your earlier one.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance via a support ticket through our HELPDESK at any time (with reasonable efforts by LetMeCreateIT to respond within one business day) concerning the use of the Services which feature priority support. "Priority" means that support takes priority over support for users of the standard or free letmecreate.it services. All support will be provided in accordance with LetMeCreateIT standard services practices, procedures and policies.
- Responsibility of Website Visitors. LetMeCreateIT has not reviewed, and cannot review, all of the material, including computer software (such as plugins used to provide the various features on its website), posted to the Website, and cannot therefore be responsible for that material's content, use or effects. Even though LetMeCreateIT does its best by working with Premium and reputable software providers; by operating the Website, LetMeCreateIT does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. LetMeCreateIT disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which letmecreate.it links, and that link to letmecreate.it. LetMeCreateIT does not have any control over those non-LetMeCreateIT websites and webpages, and is not responsible for their contents or their use. By linking to a non-LetMeCreateIT website or webpage, LetMeCreateIT does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. LetMeCreateIT disclaims any responsibility for any harm resulting from your use of non-LetMeCreateIT websites and webpages.
- Copyright Infringement and DMCA Policy. As LetMeCreateIT asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by letmecreate.it violates your copyright, you are encouraged to notify LetMeCreateIT in accordance with LetMeCreateIT's Digital Millennium Copyright Act ("DMCA") Policy. LetMeCreateIT will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. LetMeCreateIT 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 LetMeCreateIT or others. In the case of such termination, LetMeCreateIT will have no obligation to provide a refund of any amounts previously paid to LetMeCreateIT.
- Intellectual Property. This Agreement does not transfer from LetMeCreateIT to you any LetMeCreateIT or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LetMeCreateIT. LetMeCreateIT, letmecreate.it, the letmecreate.it logo, and all other trademarks, service marks, graphics and logos used in connection with letmecreate.it, or the Website are trademarks or registered trademarks of LetMeCreateIT or LetMeCreateIT's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any LetMeCreateIT or third-party trademarks.
- Advertisements. LetMeCreateIT reserves the right to display advertisements on its website at any time.
- Your Website. During your engagement of LetMeCreateIT to provide web services to you, LetMeCreateIT will handle your sensitive information, such as login details, website details and content, etc. with the utmost level of secrecy and privacy. NONE of your details will ever be shared with third parties for the purpose of advertising or othewise, unless required by a valid law in Australia.
- Your WordPress Theme and Plugins. If you are engaging our services to maintain your WordPress websites, and your site uses a "Premium" Theme, or any "Premium" plugins ("Premium" meaning not available free on the WordPress Repository), then it is YOUR responsibility to provide us with current licenses to make sure the theme and plugins can be auto-updated. This is of particular importance in case you or your web designer has acquired premium themes or plugins without "official" registrations, e.g. through a WordPress Club or pirated or similar. We will not be held responsible for any issues or delays resulting from themes or plugins that can't be updated inside the WordPress Admin area. In case we detect such elements, we will get in touch and attempt to quickly sort out the matter with you, in order to progress your site swiftly during our structured process. Thanks for your understanding in this matter.
- Security Audit Log. One of the very first items we will install on your website is a plugin called WP Security Audit Log. This is simply for protection and integrity of the agreement between you and LetMeCreateIT, by digitally "logging" each and every transaction that happens in the WordPress Admin area. For example, if an Admin User turns a Plugin On or Off, that gets logged. If a Post gets published, or something deleted, that gets logged, etc... The logging file is hosted OFF the website, to prevent any tampering. This way makes it easy to determine as to WHO did WHAT kind of work on the website, in case any adverse events should occur that need deeper attention to fix with regards to who holds the responsibility for what had occurred. Just a precautionary step protecting both sides in a fair manner.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. LetMeCreateIT reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. LetMeCreateIT may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. LetMeCreateIT may terminate your subscription at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your letmecreate.it client account (if you have one), you may simply cancel anytime, however with a minimum of 5 working days prior to the next renewal date, depending on your mode of payment as follows: a) PayPal subscriptions: In case of a cancellation, please do so in your PayPal account by suspending/cancelling your Automatic Recurring Payment to us. b) Subscriptions through Credit Card, please contact our support team for a manual cancellation. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by LetMeCreateIT if you materially breach this Agreement (such as through non-payment) and fail to cure such breach within thirty (7) days from LetMeCreateIT's notice to you thereof; provided that, LetMeCreateIT can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". LetMeCreateIT 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 LetMeCreateIT nor its suppliers and licensors, makes any warranty that the Website 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, the Website at your own discretion and risk.
- Limitation of Liability. In no event will LetMeCreateIT, 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 LetMeCreateIT under this agreement during the twelve (12) month period prior to the cause of action. LetMeCreateIT 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.
- Indemnification. You agree to indemnify and hold harmless LetMeCreateIT, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your contracting of LetMeCreateIT, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between LetMeCreateIT and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LetMeCreateIT, or by the posting by LetMeCreateIT of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Western Australia, 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 Perth, Western Australia. 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 this 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 Perth, Western Australia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this 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 this 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 this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; LetMeCreateIT may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.