Maintenance Plan Terms & Conditions

1. Terms of Service

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

For us to do our jobs, you will have to give us certain information about yourself, such as identification, contact details. You agree that this information is accurate, and up to date. We will also need server credentials, passwords and other information. If we do not have accurate information, we will not be able to properly perform our work, and your account may be terminated.
You are responsible for the confidentiality of your login information. Any activities that occur on your website or hosting account are solely your responsibility. We provide a secure email endpoint that you may send information to, but it is your responsibility to send it to that endpoint as opposed to regular communication methods.
Hacking our website or accessing our services by means other than a support contract is prohibited.
Any activity that disrupts our service for other customers is likewise prohibited.
We do not assume any liability for 3rd party content posted on your properties. We are not responsible for any delay or failure in removing copyrighted or trademarked materials from your site.
You agree to indemnify, and hold harmless Curious Minds Media, Inc. from and against all losses, expenses, damages and costs.
You understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Curious Minds Media is not be liable for any direct, indirect, incidental, loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

2. Hosting

We work with most hosting companies. However, every once in a while we will recommend migrating your website to a new hosting provider because of technical issues with your current hosting provider. We’ll work with you to review needs and options, and find a hosting plan that will best suit your needs.

3. Updates

We update the following as part of our core service:

WordPress Core updates.
Officially supported plugins available from the WordPress plugin repository.
Themes available from the WordPress theme directory.

All other themes and plugins, including premium plugins can be updated using custom development hours. We may need your license information or login credentials to the location from which you purchased the third party software in order to update these plugins. Custom developer hours can be ordered / added as needed.

4. Support Requests

All support requests must be submitted though our Support Portal (support.curiousm.com) so we can respond to it in a timely manner. On purchasing a subscription, you will receive an invite to our Support Portal. Support requests need to be approved before we can begin work. Requests sent to us via any other method or means of communication, such as email, on the phone, etc. need and will be transferred to a Support Portal ticket for further processing. We cannot guarantee timely response as well as accurate record of communication for anything outside of the Support Portal. When referencing previous communication, we utilize the Support Portal tickets and base our information solely off of what is found in those tickets.

5. Development Time

Development time can and will be used for the following:

Phone and Chat Support
Consultation and Meetings
Any Programming or Development

Professional Plus and Enterprise plan hours, if unused by the end of the calendar month, will roll over for one month only and expire at the end of the following month, no exceptions. In the following month, the plan hours from that month will always be used first prior to using any roll over hours from the previous month.

6. Refunds

You may cancel your account for any reason, and we will prorate your account for any unused portion of that month, or year if you are on an annual plan. If you sign up for a subscription that is billed on a yearly basis, and cancel prior to the end of that year term, you will also be billed for the difference between the annual plan price and the month-to-month price for the time you were subscribed to a maintenance plan.

7. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Curious Minds Media, Inc.’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on Curious Minds Media, Inc.’s web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Curious Minds Media, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

8. Disclaimer

The materials on Curious Minds Media, Inc.’s web site are provided “as is”. Curious Minds Media, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Curious Minds Media, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

9. Limitations

In no event shall Curious Minds Media, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Curious Minds Media, Inc.’s Internet site, even if Curious Minds Media, Inc. or a Curious Minds Media, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

10. Revisions and Errata

The materials appearing on Curious Minds Media, Inc.’s web site could include technical, typographical, or photographic errors. Curious Minds Media, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Curious Minds Media, Inc. may make changes to the materials contained on its web site at any time without notice. Curious Minds Media, Inc. does not, however, make any commitment to update the materials.

11. Links

Curious Minds Media, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Curious Minds Media, Inc. of the site. Use of any such linked web site is at the user’s own risk.

12. Site Terms of Use Modifications

Curious Minds Media, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

13. Governing Law

Any claim relating to Curious Minds Media, Inc.’s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.