D6 Interactive Support Terms of Service
Please read this document in its entirety. It clearly outlines all procedures, policies, and restrictions for customers.
Last Updated: June 26th, 2015
TERMS OF SERVICE
The following document outlines the terms of use for all of the services D6 Interactive provides. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.
Before using any of the D6 Interactive services, you are required to read, understand and agree to these terms. You may only hire D6, request services from, or create a support account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE D6 INTERACTIVE SERVICES (SERVICES). BY USING THE D6 INTERACTIVE SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT D6 INTERACTIVE'S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE ANY D6 SERVICES.
ACCEPTANCE OF TERMS
All D6 Services, the web pages, and support packages available at d6interactive.com, d6support.com, and all linked pages (Site), are owned and operated by D6 Interactive, LLC. (D6 Interactive) and is accessed by you under the Terms of Use described below (Terms).
Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.
DESCRIPTION OF SERVICE - SUPPORT PACKAGES
The Support Packages available on the D6 Interactive website are each an online service that offers email support to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content D6 Interactive makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the Site(s) may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of D6 Interactive. D6 Interactive reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
DESCRIPTION OF SERVICE - WEBSITE DESIGN & PROJECTS
All individual website design projects have individual contracts with specific terms. However, clients must adhere to the universal D6 Policies including, but not limited to: Billing Policies, Revisions Policies, Hosting Policies and Support Policies.
All tasks outside of the Q/A window after your site launch will be billed at our hourly rate. D6 has a thorough project process and will provide the client a list of items uploaded, but ultimately it is the client responsibility to ensure all tasks are completed.
After completing a website project, D6 has NO RESPONSIBILITY for the ongoing maintenance, support, hosting, and updates to your site. Website coding, browser updates, and inexperienced users in the CMS of your site CAN AND WILL CAUSE items to change your website in the future. You will need to hire D6 to perform service on your site (support package or hourly) or find an appropriate web development service provider for changes, as INDEFINITE, FIXED-PRICE SUPPORT IS NOT A SERVICE PROVIDED BY D6 NOR IS IT INCLUDED IN YOUR WEBSITE.
DESCRIPTION OF SERVICE - HOURLY MAINTENANCE
If your site is launched and is outside of the Q/A window, and you have requests for service or updates on your site, our work will be billed at our hourly rate. If you would like D6 to provide an hourly estimate, please provide a detailed list and scope of work so D6 can accurately estimate the time on your project.
ALL HOURLY MAINTENANCE IS PRE-PAID BEFORE D6 CAN START ANY WORK.
REVISIONS POLICY
A "Round of Revisions" is an organized summary of changes that the client would like to see in the design, development, or or any Q/A tasks. All changes must be documented in a Word document, Evernote, or via email to ensure that proper communication and a record of the revisions has been noted. Revisions should be organized by page and bullet-point lists if and when possible.
In website projects, in order to keep an accurate timeline, we ask that client submit each round of revisions within 7 days of receiving the item up for their review. For example, if the 1st Round of Designs is submitted for client review on April 7, we ask that client provide us with the 1st Round of Revisions by April 14. This helps keep us as close as possible to our projected timeline.
HOSTING POLICY
D6 IS NOT A HOSTING COMPANY AND DOES NOT PROVIDE HOSTING SERVICES, VIRUS REMOVAL, HACKER PREVENTION, EMAIL SUPPORT, OR SUPPORT WHEN YOUR SITE IS DOWN OR CRASHED.
It is the CLIENT RESPONSIBILITY to find an appropriate hosting provider for hosting, IT and technical support. D6 can provide recommendations of companies it has worked with in the industry, but makes NO GUARANTEE, either express or implied, about their ability to perform any service. By signing working with D6 Interactive, you fully acknowledge and understand these terms and your duty as a client for hosting, virus removal, and hacker prevention.
It is the client responsibility to choose a safe/secure password for your hosting provider. In order for D6 Interactive to work on your website, we will need the login credentials. If you choose to share your hosting provider password with D6 Interactive, please do so in a secure manner. D6 Interactive keeps any passwords stored in a SSL-secured location. It is the client responsibility to regularly update their passwords, as D6 will not manage or keep records of your password.
REGISTRATION - SUPPORT PACKAGES
As a condition to using Services, you are required to open an account with D6 Interactive and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your D6 Interactive account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Don't reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify D6 Interactive of any security breach of your Account. D6 Interactive shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your D6 Interactive account.
Services are available only to legal entities and to individuals who are at least 18 years old.
The term you or your as used herein shall at all times include the individual or legal entity which has subscribed to the D6 Interactive Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
PAYMENT
Prices for D6 Services and D6's hourly rate CAN AND WILL CHANGE at any time at D6 Interactive's sole and exclusive discretion. D6 is a service provider and charges for its time working on your project. Please request an hourly rate before starting any work with D6.
The Services do not provide price protection or refunds in the event of a price reduction or promotional offering. Hourly maintenance MUST BE PRE-PAID.
Support Packages Payments:
You agree that you will pay for the Services, and that D6 Interactive may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING D6 INTERACTIVE WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
Website Projects Payments:
Each website project has unique payment terms/installments for when payment triggers are reached. But as a standard D6 policy, the Client will agree to pay all invoices upon receipt (net 15). If you CANNOT AFFORD TO PAY YOUR WEBSITE COST, DO NOT HIRE D6. D6 is not an investor for your business or a bank and cannot float or front any amount of your project total. WE DO NOT WORK FOR FREE.
In the event payment is not made within 15 days, D6 reserves the right to charge a late payment fee of 3% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs for carrying overdue invoices. In addition, D6 can and will reserve the right to stop work until payment is received.
Hourly Support Payments:
EVERY ITEM OUTSIDE OF THE POST-LAUNCH Q/A WINDOW IS TRACKED AT BILLED AT AN HOURLY RATE. Before beginning our work, D6 can provide a detailed hourly/cost estimate for the client to approve. The client MUST supply an accurate, WRITTEN description of tasks and scope of items to be done. If the scope changes or additional items are added, D6 can and will bill for the extra time and effort put into your project and requests.
As a standard D6 policy, the Client will agree to pay all invoices upon receipt (net 15). If you CANNOT AFFORD TO PAY FOR D6 TO WORK ON YOUR WEBSITE, DO NOT HIRE D6. D6 is not an investor for your business or a bank and cannot float or front any amount of your project total. WE DO NOT WORK FOR FREE.
USE OF SERVICES AND RENTED CONTENT
You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by D6 Interactive and its licensors (Usage Rules), and that any other use may constitute a copyright infringement. D6 Interactive reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reasonor to attempt or assist another person to do so. Usage Rules may be controlled and monitored by D6 Interactive for compliance purposes, and D6 Interactive reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to D6 Interactive. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge D6 Interactive, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless D6 Interactive, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys' fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or D6 Interactive Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall D6 Interactive be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common lawor with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
D6 INTERACTIVE, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY D6 INTERACTIVE OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY
D6 Interactive, d6interactive.com, d6support.com and other D6 Interactive LLC graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of D6 Interactive. D6 Interactive's intellectual property may not be used in connection with any product or service without the prior written consent of D6 Interactive. Notwithstanding the foregoing, the images and icons available in the D6 Interactive Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the D6 Interactive Site(s).
SUPPORT REQUESTS & REASONABLE USE - SUPPORT PACKAGES
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email [email protected].
For the Handy-Man Support Plan each request is subject to a maximum of 30 minutes of development. The effort required for development is exclusively determined by the D6 Interactive management. For work outside of the scope of the D6 Interactive 30 minute development agreement, D6 Interactive management may provide alternative solutions or offer to do the requests at an hourly rate. No set dollar amount or hourly rate is guaranteed and it is subject to change.
For the Gold Package Plan, the same support request terms apply. In addition, a Gold Package client can also have an additional 5-hours of WordPress development work completed which is included in the monthly fee. If the 5-hours is not requested or only partially fulfilled during the monthly time frame, no refund or partial refund for unused hours will be given. If you have more than 5-hours of development work for any given month, D6 will provide an additional 5 hours of development at a discounted hourly rate. This will be an ADDITIONAL FEE to the plan if selected. Any development work after the 10-hours will be at D6 Interactive's regular hourly rate.
For the Premium Package Plan, the same support request terms apply. In addition, a Premium Package client can also have an additional 20-hours of WordPress development work completed which is included in the monthly fee. If the 20-hours is not requested or only partially fulfilled during the monthly time frame, no refund or partial refund for unused hours will be given. If you have more than 20-hours of development work for any given month, D6 will provide an additional 10 hours of development at a discounted hourly rate. This will be an ADDITIONAL FEE to the plan if selected. Any development work after the 30-hours will be at D6 Interactive's regular hourly rate.
As a Gold or Premium Package client, you will have the option to have D6 Interactive cease all work after your monthly allotment of 5-hours is up to not incur fees beyond the monthly package price. You must have this option checked in your D6 Interactive profile. If you choose to have D6 Interactive continue work, you will be responsible for all hourly fees beyond your monthly package price at D6's hourly rate.
D6 Interactive provides 24/7 email support, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by D6 Interactive management or by its assigned agent.
NATURE OF REQUESTS - SUPPORT PACKAGES
Requests should fall within the following categories.
UI troubleshooting (HTML, CSS, Javascript)
Styling elements with CSS
Content population & image manipulation
Creation of basic graphics (e.g. buttons, banners, etc.)
WordPress consulting (advice and support)
Optimization of CSS, Javascript and Images
Theme/plugin audits
Plugin installation and implementation
If you are unsure about the whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.
Examples of requests in the Handy-Man Support Plan which shall not meet D6 Interactive management approval for support:
Website redesign
Landing page design
Custom plugin development
Custom theme development
Search marketing/SEO services
Any fix deemed by D6 Interactive management to exceed 30 minutes effort.
THIRD-PARTY MATERIALS
Certain services available may include materials from third parties. D6 Interactive may provide links to third-party websites as a convenience to you. You agree that D6 Interactive is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Interactive is not in any way responsible for any such use by you.
UNLIMITED AND REASONABLE USE - SUPPORT PACKAGES
The term unlimited is subject to a reasonable use clause. The definition of reasonable use is determined by D6 Interactive management, at its sole and exclusive discretion. Customers deemed to be abusing the D6 Interactive service will be contacted by the D6 Interactive management. D6 Interactive management retains the sole and absolute discretion to suspend service to you if we deem necessary.
TERMINATION & CANCELLATION
Support Packages Cancellation
Cancellation can occur at anytime. You are never required to stay with us in fact, we'd prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.
D6 Interactive may terminate or suspend any and all Services and/or your D6 Interactive account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your D6 Interactive account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can contact us through the contact page or support area to issue a termination request.
Website Projects & Hourly Support Cancellation
You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action.
Specific terms and scenarios are outlined as such:
- Either party may terminate or cancel their agreement or our working relationship with or without cause, by providing at least (7) days written notice to the other party.
- If, at the time of the request for termination, work has been completed beyond the amount covered by the initial payment, the Client shall be liable to pay for all work completed at the hourly rate. An invoice will be sent along with a detailed hourly log of work performed for the client. The invoice will be due upon receipt.
- If, at the time of the request for termination, the amount paid by the client exceeds the hours that D6 has put into the project at its hourly rate, the difference will be calculated and charged a 5% termination fee and then sent to the client.
- NO PORTION OF THE UPFRONT OR DEPOSIT PAYMENT WILL BE REFUNDED unless written application is made AND the above terms have been met.
- All materials that the Client submitted to the D6 will be returned once the refund has been resolved; within 10 days.
CHANGE
D6 Interactive reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, D6 Interactive will notify you by posting an announcement on the site. What constitutes a material change will be determined at D6 Interactive's sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind D6 Interactive in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. D6 Interactive shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond D6 Interactive's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including line-noise interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. D6 Interactive's may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within California between two residents thereof, the parties submit to the exclusive jurisdiction of California courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.