Terms and Conditions of Service

By purchasing services from Cher Fitchett, you agree to be bound by the following terms and conditions:

SERVICE DESCRIPTION

CherFitchett.com is an online maintenance and support service exclusively for single-site WordPress installations. Services include, but are not limited to, any and all services listed publicly on CherFitchett.com or offered privately to each individual client.

AUTHORIZATION

You are engaging Cher Fitchett as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorizes Cher Fitchett access and “write permissions” to all directories and files of your account with Cher Fitchett or any other third party hosting provider.

COPYRIGHT

Cher Fitchett does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.

PROMOTIONS

Promotional offers are not cumulative.

PRICING & PAYMENTS

All prices appearing on this site are subject to change without notice. Once a client of Cher Fitchett, you authorize Cher Fitchett to charge the payment method you submitted for all the invoices generated for the services rendered by Cher Fitchett. In order to change your payment method, simply contact support prior to your payment’s due date.

CANCELATION & REFUNDS

Cancellation of any monthly recurring service can occur at anytime after your first 1 month (30 days) of service.

Refunds for all other products and services offered by Cher Fitchett are available in full only 24hr immediately after purchase. No Refunds are available after your purchased package or service has been started, unless otherwise specified in any authorized promotional materials and marketing campaigns.

REFUSAL OF SERVICE

Cher Fitchett reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

LIMITATIONS OF LIABILITY AND INDEMNIFICATION

Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.

Limited Warranties.

No Other Warranty.

Cher Fitchett does not monitor or exercise control over the content of the information transmitted through its servers. Use of the services or any information that may be obtained therefrom is at customer’s own risk. The services are provided on an “as is” basis, and customer’s use of the services is at its own risk. Except as provided in the order form(s), Cher Fitchett does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, noninfringement and title, and any warranties arising from a course of dealing, usage, or trade practice. Cher Fitchett does not warrant that the services will be uninterrupted, error-free, or completely secure.

Disclaimer of Actions Caused by and/or Under the Control of Third Parties.

Cher Fitchett does not and cannot control the flow of information to or from Cher Fitchett’s network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt customer’s connections to the internet (or portions thereof). Cher Fitchett cannot guarantee that such events will not occur. Accordingly Cher Fitchett disclaims any and all liability resulting from or related to such events.

Delays and Interruptions

Cher Fitchett shall not be liable for any loss of data resulting from delays, corruption of data, nondeliveries, misdeliveries or service interruptions. Customer shall be solely responsible for the selection, use and suitability of the services, and Cher Fitchett shall have no liability therefor. Except to the extent of Cher Fitchett’s gross negligence or willful misconduct, neither Cher Fitchett nor its network services supplier will be liable for unauthorized access to Cher Fitchett’s or customer’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of customer’s data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of Cher Fitchett’s or its network service supplier’s negligence.

Indemnification.

Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any Canadian copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilized in connection with any of the Services (but excluding any infringement contributorily caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify Cher Fitchett and its affiliates against any Losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse Cher Fitchett and its affiliates for all legal expenses, including reasonable attorneys’ fees, incurred by Cher Fitchett and its affiliates in connection with any such Losses.

Consequential Damages

Except for the parties’ indemnity obligations, in no event will either party be liable or responsible to the other for any type of incidental, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.

Acceptance

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. Cher Fitchett reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Please contact us with any questions regarding the Cher Fitchett terms of service by email hello(at)cherfitchett(dot)com.

Applicable Law

All purchases, and these terms and conditions, are subject to the laws of Ontario, Canada