Before using any of the ShopMonster services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.
Acceptance of Terms
Description of Service
The Site is an online service offering website and website-related service packages to operators of websites running on single-site installations of WordPress or other similar platforms. Services include, but are not limited to, any service and/or content ShopMonster 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 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 ShopMonster. ShopMonster reserves the right to 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.
As a condition to using our Services, you are required to open an account with ShopMonster 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 ShopMonster 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 authorisation, or a name that is otherwise offensive, vulgar or obscene.
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 ShopMonster account.
Services are available only to individuals who are at least 18 years old.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge ShopMonster, 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 ShopMonster, 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, exemplary and indirect damages), and reasonable lawyers’/solicitors’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your account or ShopMonster Username and password, or (iii) any violation of any rights of a third party.
Limitation of Liability
In no event shall ShopMonster be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
ShopMonster, getshopmonster.com and other ShopMonster graphics, logos, designs, page headers, button icons, scripts, and service names are the intellectual property of ShopMonster. ShopMonster intellectual property may not be used in connection with any product or service without the prior written consent of ShopMonster.
Support Requests & Monthly Support Time
If your chosen ShopMonster plan includes support ticketing, such support requests must be directed through the proper channels to be received and responded to in a reasonable amount of time. To request support please use the appropriate support email address.
Support requests will typically take the form of ‘small tasks’ (e.g. minor / quick updates) that require not more than 30 minutes to complete.
Allow up to 48 hours response time on non-emergency requests. All requests are subject to approval by assigned agent or ShopMonster management. ShopMonster support will work on and resolve each single support request before moving on to the next submitted support request. Emergency or rush requests may be subject to a rush surcharge of £100/hour.
Nature of Requests
Requests should fall within the following categories.
- Styling elements with CSS
- Content population / editing
- Image manipulation
- Creation of basic graphics (e.g. buttons, banners, etc.)
- WordPress consulting (ask us a question)
- Theme/plugin audits
- Plugin installation and implementation
If you’re unsure about the whether or not a request meets these criteria, submit it via email and we will either accept or deny the request based on approval.
Examples of requests not meeting approval for monthly development time:
- website redesign
- large scale product catalog updates
- custom plugin development
- custom theme development
- search marketing/SEO services
NOTE: In the event that updates to WordPress core, WordPress theme(s) or WordPress plugins (including WooCommerce and WooCommerce extensions) are prevented for any reason (including by the use of an out-of-date or unsupported 3rd party theme, plugin or extension), ShopMonster will inform the client and advise the best course of action to resolve. ShopMonster shall not be liable for any failure to perform its obligations should the client fail to acknowledge and/or agree to implement the resolution(s) as advised.
Termination & Cancellation
Cancellation can occur at anytime after your first 2 months (60 days) of service. You’re never required to stay with us – in fact, we’d prefer you have the option to leave if you’re unhappy with our service and give us feedback on how we can serve you better.
ShopMonster may terminate or suspend any and all Services and/or your ShopMonster account immediately, without prior notice or liability, for any reason whatsoever, 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 ShopMonster 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 via email to issue a termination request.
ShopMonster 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, ShopMonster will notify you by posting an announcement on the site. What constitutes a material change will be determined at ShopMonster’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.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind ShopMonster 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.
ShopMonster shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ShopMonster’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.
ShopMonster may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of The United Kingdom.
Both parties agree that the Terms are 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 provided herein.