RESPONSIBLE USE AND CONDUCT
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. You may also be required to provide certain credentials to your server, software, or other properties in order for us to provide services. Failure to provide these credentials will inhibit our ability to provide you with the exceptional service which we both except and may lead to a downgrade or termination of your account.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; iii. Contains any type of unauthorized or unsolicited advertising; iiii. Impersonates any person or entity, including any employees or representatives of Atech Consulting Ltd. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- You agree to indemnify and hold harmless Atech Consulting Ltd. and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that: i. the use of our Resources will meet your needs or requirements. ii. the use of our Resources will be uninterrupted, timely, secure or free from errors. iii. the information obtained by using our Resources will be accurate or reliable, and iv. any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that: v. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. vi. no information or advice, whether expressed, implied, oral or written, obtained by you from Atech Consulting Ltd. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly 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. Atech Consulting Ltd. will not be liable for any direct, indirect, incidental, consequential or exemplary 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.
All content and materials available on this website, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Atech Consulting Ltd., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Atech Consulting Ltd.
TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Support must be requested through our help-desk so that it can be categorized and responded to in a timely manner. You will be notified via email with information about our help-desk upon registration and will also find a link to our help-desk in your WordPress Dashboard. Support requests are subject to approval. Acceptable support requests could include the following:
- Theme/plugin troubleshooting
- Site optimization inquiries (load time, caching, etc – only applicable to plans that include performance optimization)
- Plugin/code conflicts
- Theme/plugin installation
Support requests which may incur development hours include but are not limited to:
- Custom theme/plugin development.
- Third-party software integration (anything not built for use on the WordPress platform)
- SEO setup/troubleshooting.
If you have questions regarding the nature of your support request please contact us. Development time spend on any requested tasks will be billed at our hourly rate of $25/hr. While we will do our best to keep the same developer assigned to individual projects we cannot guarantee this at any time.
We are able to work with most hosting providers but there are times when we’ll recommend that you migrate from your current host due to technical limitations which may inhibit our ability to provide you with the level of service you and we expect. We’ll review your needs and recommend a great host that you can depend on.
Here’s what is included when you sign up to a support plan:
- All WordPress core updates are included.
- Plugins that are available from the WordPress plugin repository are included. All other plugins can be optionally updated using development hours.
- Themes that are available from the WordPress theme repository are included. All other themes can be optionally updated using development hours.
We don’t include paid (premium) plugins and themes in our standard updates because they often take more time to configure and test, and since we won’t have your license information, you’ll need to provide the updated plugins files.
We think you’ll love Atech Consulting Ltd., but if for any reason you’d like to cancel your account after the first thirty days we’ll provide a prorated refund for any unused time left in your plan. This does not apply to accounts terminated due to violations of this User Agreement.
This website is controlled by Atech Consulting Ltd. It can be accessed by most countries around the world. As each country has laws that may differ from those of Kenya, by accessing our website, you agree that the statutes and laws of The Republic of Kenya, without regard to the conflict of laws the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the state courts located in Kenya. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, ATECH CONSULTING Ltd. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us by visiting the contact us page.
This agreement is in effect as of September 13, 2017.
Last updated October 14, 2020.