1. Introduction and Scope
These Service Terms govern the use of the services provided by BracketSpace Sp z o.o. (“we”, “us”, “our”, or “BracketSpace”) through the care.bracketspace.com website (the “Service”). The purpose of these terms is to establish a clear understanding between you, as the customer, and us, as the service provider, regarding the responsibilities and expectations associated with using the Service. By using the Service, you agree to comply with and be bound by these Service Terms.
The Service offered by BracketSpace focuses on WordPress maintenance. It includes a range of features such as updates, backups, sandbox testing, malware scans, and uptime monitoring, all aimed at ensuring your WordPress website’s optimal performance and security.
Please note that specific service levels, including any guarantees or performance metrics and the cost of the service, are defined in the individual customer agreement between you and BracketSpace. This agreement will detail the precise scope of services, pricing, and any additional terms that apply to your use of the Service.
2. Service Fees and Payment Terms
Please contact our support team to cancel your subscription, who will assist you with the cancellation process. Please note that any fees paid prior to the cancellation are non-refundable, and the cancellation will take effect at the end of the current billing cycle.
3. Service Level Agreement (SLA)
The Service Level Agreement (SLA) outlines the expected level of service provided by BracketSpace through the care.bracketspace.com website. This includes uptime guarantees, response times for support, and procedures for addressing website outages or issues.
Detailed uptime guarantees and response times are defined in the individual customer agreement between you and BracketSpace. These agreements may vary depending on each customer’s specific needs and requirements.
Our support team is always available at [email protected] to assist with any inquiries or issues you may encounter while using our Service. We are committed to providing timely and effective support within the SLA defined in your customer agreement. We aim to ensure the highest level of customer satisfaction and address any concerns promptly and efficiently.
4. Customer Responsibilities
As a customer of BracketSpace, you have certain obligations that help ensure the effective delivery of our services. These responsibilities include:
Providing accurate information
Ensure that all information you provide to us, such as contact details and website credentials, is accurate and up-to-date.
Maintaining our access
Keep our Super Admin WordPress account, SFTP, and server access active throughout the duration of the service to enable us to provide uninterrupted support. Please ensure that the access credentials you provide are accurate and up-to-date, and notify us promptly if any changes are made to these credentials.
Compliance with law
As a website owner, you must ensure that your website adheres to applicable laws and regulations. While BracketSpace provides support and maintenance services for your website, we do not have control over your site’s content, functionality, or specific practices. Consequently, it falls under your purview to verify compliance with any relevant laws, such as data protection regulations, accessibility standards, and intellectual property rights. By taking the initiative to maintain legal compliance, you protect both yourself and your website’s end-users.
As a website owner, it is your responsibility to take appropriate measures to protect your own data and any end-user data in accordance with data protection laws and best practices. This includes but is not limited to ensuring proper access controls, implementing strong passwords, and regularly updating security settings. BracketSpace will take all necessary steps to ensure that the data we handle on our end is secure, including using encryption, maintaining secure servers, and adhering to industry-standard security practices. However, you remain responsible for safeguarding your data and ensuring the security of your website on your end.
5. Data Access and Security
BracketSpace is committed to maintaining the highest data security and confidentiality standards while accessing customer systems and data.
We require access to your website’s backend and server infrastructure to provide our services effectively. This includes access to your WordPress Super Admin account, SFTP, and server details. We utilize secure password managers to store sensitive data related to your website, ensuring that your data and credentials are protected from unauthorized access.
We take all necessary steps to safeguard your data and maintain its confidentiality. BracketSpace does not collect or process any of your customer data. Additionally, we do not share any information about your website or its data with third-party service providers. Our security measures include using encryption, maintaining secure servers, and adhering to industry-standard security practices.
6. Intellectual Property Rights
BracketSpace respects and acknowledges the intellectual property rights of its customers. Our service does not produce any new intellectual property; therefore, any existing intellectual property related to your website, including copyrights, trademarks, and patents, remains your property.
We are committed to not using your intellectual property for our own purposes, and we ensure that all work performed by BracketSpace as part of the service adheres to this commitment.
7. Limitation of Liability
While BracketSpace strives to provide the highest quality of service, there may be instances where website failures, damages, or losses occur. In such cases, our liability is limited to the extent applicable law allows.
We acknowledge our responsibility for any damages directly caused by our service and will make every effort to rectify any issues or damages resulting from our actions. Our commitment is to work diligently to resolve any problems and minimize any negative impact on your website.
However, it is important to note that BracketSpace cannot be held liable for any indirect, incidental, consequential, or special damages, including but not limited to lost profits, lost data, or business interruption, that may arise from the use or inability to use our services.
By using our services, you agree to this limitation of liability and understand that BracketSpace will act in good faith to resolve any issues that may arise while providing the service.
8. Termination and Suspension
You have the right to terminate the service at any time, with the termination taking effect at the end of the current billing cycle. To initiate the termination process, please contact our support team. Please note that any fees paid prior to cancellation are non-refundable.
In cases where we cannot charge your card for two weeks, the service will be automatically terminated. During the period when we cannot charge your card, we will suspend the service and attempt to contact you to resolve the issue. If the payment problem persists, the termination will take effect, and you will need to sign up again for the service if you wish to continue.
Upon request, BracketSpace can offer a service suspension for a limited period. However, please be aware that suspension periods exceeding 2 months will result in a $300 recommence fee when the service is resumed. This is due to the additional work required to update your website after an extended period of service inactivity.
9. Warranties and Disclaimers
BracketSpace provides the following warranties for our services:
We guarantee to keep the service active and functional while your billing is active, ensuring that you receive the support and maintenance you require for your website.
Compliance with Customer Agreement
We warrant that our services will be performed in accordance with the terms and conditions outlined in the individual customer agreement between you and BracketSpace. This agreement details the precise scope of services, service levels, and any additional terms that apply to your use of the Service.
Beyond these express warranties, BracketSpace disclaims all other warranties, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. By using our services, you acknowledge these disclaimers and understand that our commitments are limited to the warranties specified above.
As a customer of BracketSpace, you agree to indemnify, defend, and hold harmless BracketSpace, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the service, or any breach of the Service Terms by you or anyone acting on your behalf.
By agreeing to this indemnification clause, you acknowledge your responsibility to protect BracketSpace from any legal or financial repercussions resulting from your actions or failure to adhere to the terms and conditions outlined in the Service Terms.
11. Governing Law and Jurisdiction
The Service Terms, as well as any disputes or legal matters arising from your use of the Service or relating to the Service Terms, shall be governed by and construed in accordance with the laws of Poland without regard to its conflict of law principles.
You agree that any legal action or proceeding between you and BracketSpace for any purpose concerning the Service Terms or your use of the service shall be brought exclusively in a court of competent jurisdiction in Poland. By using our services, you acknowledge and consent to such courts’ exclusive jurisdiction and venue.
12. Amendments and Modifications
BracketSpace reserves the right to amend or modify the Service Terms occasionally. In the event of any changes, we will notify our active customers via email, providing at least two weeks’ notice before the updated terms take effect.
By continuing to use the service after the updated terms come into effect, you agree to be bound by the revised Service Terms.
13. Contact Information
If you have any questions, concerns, or notices related to the Service Terms, please feel free to contact us. You can contact BracketSpace at the following email address: [email protected].
We are committed to addressing your inquiries and providing you with the necessary support to ensure a seamless experience with our service.
Last revision: May 8th, 2023.