These terms are between Yarqat LTD, a company registered in England and Wales, trading as SiteBench ("we", "us"), and the agency named on the order ("you"). They apply to the WordPress care service described below. By placing a site with us you accept them.
We maintain the WordPress sites you place with us. For each site on an active plan we provide:
The plan, the price and the included minutes are as shown on our website on the day you order, or as stated in a written quote if we gave you one.
Our working hours are 09:00 to 17:30, Monday to Friday, excluding public holidays in England and Wales.
| Plan | Response to a ticket | Included minutes a month |
|---|---|---|
| Care | Four working hours | 30 |
| Care Plus | Four working hours, priority queue | 60 |
Response time means the time until a person replies with a substantive answer, not the time until the work is finished. How long a fix takes depends on what is broken, and we do not promise a fix time we cannot control.
A site that our monitoring reports as fully down is treated as urgent and worked on as soon as we see it, including outside working hours where we are able to. We do not sell a round the clock guarantee.
Included minutes do not roll over from one month to the next. Work beyond them is quoted in writing before it starts.
If in any calendar month we miss the response time on more than a quarter of your tickets for a site, you may ask for a credit of 25% of that site's fee for that month. Ask within 30 days. Credits are applied to your next invoice and are the only remedy for a missed response time.
The following are outside the plan and are quoted separately:
If a host is so restrictive that we cannot do the job properly, we will tell you before you pay us anything for that site.
This clause is the reason many agencies choose us, so it is written plainly.
For as long as this agreement is in force, and for twelve months after it ends, we will not:
Our name does not appear on your clients' sites, in their reports or in any email we send on your behalf. Reports carry your logo, your colours and your reply-to address.
If a client of yours contacts us directly, we will tell them to speak to you and let you know it happened.
The same applies in reverse for our staff: neither party will solicit the other's employees or contractors during the agreement or for twelve months afterwards.
Fees are per site, per month, in pounds sterling and exclusive of VAT, which is added where applicable. Billing is monthly in advance by card through Stripe. Adding a site part way through a month is charged pro rata; removing one credits the unused part against your next invoice.
If a payment fails we will retry and tell you. If an invoice is more than 14 days late we may pause the service for the affected sites, and we will warn you before we do. Backups already taken are retained through any pause and are not deleted for non-payment.
We may change prices with 30 days' written notice. If you do not accept a change you may cancel before it takes effect.
Either party may cancel at any time, in writing or by removing the site in the portal. There is no minimum term and no exit fee. Cancellation takes effect at the end of the current billing month and that month is not refunded.
Within five working days of cancellation we will, at no charge:
Thirty days after that we delete the backups and the credentials, unless you have asked us in writing to keep them for longer.
We may cancel immediately if you do not pay after notice, if you ask us to do something unlawful, or if working on a site would put us or other customers at risk. We will explain why.
We take care, we keep backups and we test before we deploy, but we cannot guarantee that a website will never break or never be attacked.
Our total liability to you in any twelve month period is limited to the fees you paid us for the affected site in that period. We are not liable for lost profits, lost revenue, lost sales or loss of goodwill.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.
You remain responsible for the content of the sites, for having the right to give us access, and for your own agreements with your clients.
Where we process personal data on your behalf we do so as your processor, under the data processing agreement, which forms part of these terms.
Each party will keep the other's confidential information confidential, use it only to perform this agreement, and return or delete it on request. Credentials you give us are treated as confidential information and are stored encrypted.
These terms, together with the data processing agreement and your order, are the whole agreement between us. A change is only effective if it is in writing. If any part is found unenforceable, the rest still applies. We may not transfer this agreement to another company without telling you first.
These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
Yarqat LTD, trading as SiteBench. engineering@wpcare.yarqat.com