WordPress / AVADA THEME
We are in no way associated, endorsed, contracted, operated or bound by Avada/Theme Fusion. AVADA is the trademark of its respective owner(s) and should not be seen as the owners of this site. WHELK provides third party website creative, support and hosting based on the premium WordPress theme known as AVADA and is in no way responsible for the AVADA theme itself. Please refer to https://themefusion.com for further information.
WHELK Consulting services
It’s important to understand that WHELK is in no way responsible for any work done to your website prior to us trying to resolve any issue(s) you may be experiencing. In any case, most problems arise from low system resources, incompatible plugins or negative interaction between the theme and 1 or more plugins.
In many cases, a programmer(s) you have worked with up-to-this-date has/have hard-coded .css and .php additional functions in a child theme or directly into the theme file. Which may/could lead to problems when performing an upgrade(s).
We will not move forward until you understand that our role is to analyze, correct and simplify any existing WP theme website in order to regain 100% functionality.
In the case where we are to UPDATE the theme to the latest version, we cannot predict what issue(s) may arise following the update. We can only react to what happens once the process is completed and correct any issue(s) based on our previous experience.
You can choose to move forward by selecting either ONSITE or OFFSITE manners via our “/chaf” (consulting & hosting agreeemet form) agreeement form – Regardless of the choice you opt for, a FULL BACKUP of your entire website will be created by us before anything is done. IN THE EVENT where the site content needs to be reverted back to its original state, you agree that a SERVER BACKUP RESTORATION may be needed from your HOST SERVER COMPANY if no other method can restore the original site data – which if the case, may or may not result in a service fee to you by your server host.
You AGREE to pay the quoted amount in full, including a maximum 2 HOUR provision if quoted time is surpassed. Any additional fees are quoted separately before any new work is performed.
This is done after normal business hours in your respective time zone. All updates and site maintenance is done methodically and then checked FRONT END to ensure everything is running perfectly.
This is done on our DEVelopment server, it is more expensive, but it is the safest way to overhaul complex sites with major issues or in a case where the site in question is running e-commerce, cannot be down or has not been upgraded in a long time, ex: going from Avada Theme 3.92 to 5.x
You AGREE to pay the quoted amount in full, including a maximum 2 HOUR provision if quoted time is surpassed. Any additional fees will be quoted separately before any new work is performed.
WHELK VPS Hosting services
Our VPS Hosting services are provided and managed via Canadian Web Hosting, we are very transparent when it comes to web hosting.
Our Servers are custom tuned for WordPress website hosting, we allocate ALL of the ressources WordPress themes need in order to perform properly. All data is fully backed-up weekly, all data is served via 3 worldwide data centres.
Our standard 30$/month CAD$ WHELK hosting fee does not include monthly maintenance, updates to WordPress, theme, plugins, etc.
Our billing period is calendar based: JANUARY 1ST to DECEMBER 31ST of each calendar year, billed annually.
If you are entering our hosting platform mid-year, you will be billed to DECEMBER 31st of the current year or additionally as agreed upon.
In the event you have an unpaid/outstanding SUPPORT INVOICE dating more than 10 days with WHELK, you will not have access to your cPanel until the amount owed to us is paid in full.
At any time you may decide to host your site on another server of your choice. Refunds are provided for FULL CALENDAR YEARS which may have been pre-paid. As long as your account is in good standing, we will provide unlock code(s) for the domain(s) that may be under our account. Once you’ve received the code(s), you are free to move them to the registrar of your choice.
THIRD PARTY EXTENSIONS (plugins)
All purchased extensions remain the property of WHELK, annual licence fees at time of renewal are non-transferable if the website is no longer hosted by WHELK. WooCommerce, Gravity Forms, WPML extensions (plugins) and all other installed extensions are licensed to the end user for use on our hosting platform only.
PURCHASED SSL KEYS
In the event that a website is no longer hosted by WHELK, all purchased SSL keys remain the responsibility of the website owner as to transfer via available cPanel certificate registry. while the site is still hosted in good standing. We are not responsible nor do we provide SSL key transfer certificates.
WEBNAMES.CA | DOMAIN REGISTRATION SERVICES
Our domain registrant for all managed domains is webnames.ca, we are very transparent when it comes to domain registration.
WHELK INC. acts as the “managing” party as to all registered domains under our webnames.ca account. Registrant, Administrative and Technical contacts that appear under our name are the property of our clients/respective owners and can be transferred out upon request. By doing so, we cannot assume any responsibility for renewals, nameserver issues or domain privacy.
Creative – SEO – Support – Hosting – Non-Payment
All payments are due in full on invoice date. Failure to remit payment for creative, support or hosting services on the invoice date is a violation of this TOS. Failure to remit payment for ten (10) consecutive days, shall result in a suspension of public access to your Cpanel. Failure to remit payment for services within twenty-five (25) consecutive days, shall result in termination of access to the service we provide and all services shall be reclaimed. All Customer files and data remaining after thirty-one (31) days of non-payment will be destroyed and unrecoverable for security and privacy reasons.
User comments, feedback and other submissions
If, at our request or without a request from us, you send certain specific submissions (for example pictures and or comments) to us, which may include; creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘pictures and/or comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any pictures and or comments that you forward to us. We are and shall be under no obligation (1) to maintain any pictures and/or comments in confidence; (2) to pay compensation for any pictures and/or comments; or (3) to respond to any pictures and/or comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of warranties; Limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WHELK inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless WHELK inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the province of Quebec, Canada.
Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com