Updated: May 25, 2018
TinyFrog Technologies is pleased to support its WordPress Secured Hosting & Maintenance service with these Terms of Service, which are incorporated into Client’s Agreement.
If there is a conflict between the terms of the Agreement, the terms shall govern according to the following order of precedence: 1) the Agreement and 2) these Terms of Service.
1.1. We will provide the following WordPress Secured Hosting & Maintenance Services in accordance with the terms of the Agreement and the Service Level Agreement “SLA.”
WORDPRESS MAINTENANCE: We manually review and update the website’s plugins & themes to the latest released versions on a monthly basis. These updates are critical in order to keep the site secure. WordPress Core updates are done several weeks after the latest core release, once all testing is complete, and the core updates are implemented through WP Engine servers.
SSL CERTIFICATE: SSL is the backbone of our secure Internet and it protects your sensitive information as it travels across the WEB. It is also a primary factor in improving website conversions, Google ranking and the trust factor with your
site visitors – showing that your site is secured & safe. We cannot use 3rd party SSL Certificates.
DAILY BACKUPS: One of the biggest issues that most WordPress site owners have is a site crash. Very few hosts take full back-ups of the web files & database. This commonly results in losing the site and/or content. We take a full back-up every
single day and can restore a site in 1 click.
24/7 SECURITY MONITORING: Cutting-edge scanning technology will monitor your WordPress website 24/7. The software automatically alerts and removes malware and other damaging viruses.
SPEED—NO CACHING PLUG-INS: WordPress sites tend to perform poorly and load slow on most shared hosting environments because of the database. Our servers reside on a specialized WordPress environment and take your site speed to new levels with multi-cluster, fast hardware with in-RAM caching. This is a huge factor in improving website conversions.
PERFORMANCE MONITORING: We provide ongoing performance monitoring for your site that tests page load times, and gives us detailed performance metrics for every aspect of your environment, in real-time.
SUPPORT & PEACE OF MIND: Our Server’s hardware, network, & infrastructure has 99.95% uptime. If your site goes down for ANY reason (even client error- which happens quite a bit), our support team will restore it prior to the breakage within a few hours. You won’t find this type of protection with any standard web host.
1.2. Security Services in Detail
DISK WRITE PROTECTION: Malicious code can embed itself into a website by writing to the file-system. This occurs when a vulnerability is present in a theme or plugin that leaves the door open for malicious injection. The server environment limits the processes that can write to disk. So even if you’re using a theme or a plugin with a vulnerability, it is harder for them to be exploited.
DISK WRITE LIMITATIONS: All attempts to write to the disk are logged so that we can identify both malicious and non-malicious code.
DISALLOWED PLUGINS: Some plugins may expose a website to vulnerabilities. Most of the time, this is unintentional, but we still have to draw a line in the sand. Our system scanner searches for these plugins and automatically disables them. Besides disabling plugins for security reasons, plugins can also be disallowed for performance reasons. Our comprehensive list of disallowed plugins (along with explanations as to why they are disallowed) can be found here.
The General Data Protection Regulation (GDPR) is a European Union privacy law focused on data protection and is enforceable as of May 25, 2018. If your business is organized in the EU or your business processes the personal data of EU citizens, the GDPR may apply to you.
Our servers with WP Engine meet GDPR compliance and this compliance is documented in the WP Engine SLA and Data Privacy Addendum. TinyFrog does not guarantee GDPR compliance and TinyFrog is not liable for any and all non-compliance legal claims and orders related to Client’s website.
3.Client Access & Support
3.1. SFTP Access. Client will be given or retain WordPress administrative access to the website. TinyFrog does not support and cannot guarantee SFTP/FTP/cPanel access, as TinyFrog offers a managed service and this is outside the standard arrangement. Under certain circumstances, this access may be temporarily granted but is dependent on Client signing a waiver for SFTP access. TinyFrog cannot be held responsible for clients who choose to access their servers directly or via FTP.
3.2 Plugin Installation. Clients cannot install their own plug-ins due to potential security and maintenance issues. Clients must request TinyFrog to install site plug-ins. If you do install any Plug-Ins into the site that result in issues, there will be fees associated with fixing those issues.
3.3. Site Restore Process.TinyFrog will only restore the site to its last stable check point prior to breakage. If client requests to fix any coding issues, this is not covered in our monthly service fees and will be billable hours. For e-commerce websites, Tiny Frog is not responsible for any lost data, including sales, that occurs with a site restore.
3.4. Browsers We Support. We support the latest currently supported version of the web browsers below on their corresponding supported operating systems: Chrome, Firefox, Safari, Internet Explorer and Microsoft Edge. Currently supported means the developer of the software or browser will continue to release important automatic security updates for the software version. Once a developer ends support for a browser version it will become more vulnerable to exploits over time. We end support for browser versions at the same time the developer of a browser ends support. A full list of browser versions and operating systems that we support can be provided upon request.
4. Fees and Invoicing
Maintenance fees are billed automatically recurring each month unless paying annually.
Pricing is subject to change if additional plugins, requiring additional maintenance work, are installed, or if website traffic exceeds 25K visits/month or if site exceeds 10 GB. Client will be notified prior to any pricing changes.
5. Cancellation Policy
TinyFrog requires a 30-day written notice for termination of secured hosting & maintenance service. Upon cancellation, client will receive all site files, including database.
5.1 Paid Plugins. Upon cancellation of hosting and maintenance service with TinyFrog, client is responsible for any paid plugins and/or themes that have been purchased by TinyFrog for the website. Client will be provided the list of these plugins and/or themes in order to purchase the licenses directly.
5.2 Post-Migration. After cancellation is processed & Client migrates site to an alternative hosting provider, if in the future you wish to sign up for Tiny Frog’s hosting/security/maintenance services, there may be an additional cost to migrate the site back to our secured WP Engine servers.
6. Miscellaneous Provisions
6.1 Prior Agreements Superseded. The Client Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings or written or oral agreement between the Parties respecting the subject matter.
6.2. Warranties. WordPress is an open source system/program and we are not responsible for functionality of software. TinyFrog Technologies does not assume any responsibility for 3rd party plug-ins, feeds or API’s. We don’t have control over the quality of plug-ins nor the ability of our clients to evaluate plug-ins that they choose to install on their site. If TinyFrog Technologies did not build the website that will be hosted and maintained, then Tiny Frog is not responsible for the website’s working order outside of the hosting and maintenance program duties.
6.3.Indemnification for Photos, Graphics, and Written Copy. Any graphics, photos, images, and the like that Client supplies to TinyFrog Technologies are understood to be found by Client, are the property of Client, and are represented by Client to TinyFrog Technologies that Client owns them free and clear. Therefore, Client shall release TinyFrog Technologies from responsibility and fully indemnify TinyFrog Technologies against any and all expenses, judgements, penalties, fines, amounts paid in settlement, and advance expenses in connection with any action, arbitration alternative dispute resolution mechanism, investigation, administrative hearing or any other actual, threatened or completed proceeding which arises out of or is related to, but not limited to any graphics, photos, images, and the like that Client has supplied to TinyFrog Technologies.
6.4 Attorneys’ Fees and Costs. Should any type of litigation be commenced between the Parties or their representatives concerning any provision of, or the rights and duties of any person or entity under, this Agreement, the Party or Parties prevailing in such litigation are entitled, in addition to such other relief as may be granted, to the attorney fees, expert witness fees, and costs incurred by reason of such litigation.
6.5. Fair Construction. The Agreement shall not be construed more strictly against one Party than another merely by virtue of the fact that it, or any part of it, may have been prepared by counsel for one of the Parties. The Agreement is recognized as the result of arm’s length negotiations between and among the Parties, and all Parties have contributed substantially and materially to the preparation of the Agreement.
6.6. Time is of the Essence. Time is of the essence in each and every term, condition, obligation, and provision within this Agreement.
6.7. Severability of Provisions. If any one or more of the covenants, provisions or terms of this Agreement shall be held invalid for any reason, then such covenants, provisions or terms shall be deemed severable from the remaining covenants, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other covenants, provisions and terms of this Agreement. Each Party to this Agreement represents and warrants to each other Party that such Party does not believe that any covenant, provision or term of this Agreement is invalid for any reason.
6.8. Choice of Law. This Agreement shall be construed under and in accordance with the laws of the State of California, and appropriate Venue for the adjudication of any dispute relating to this Agreement shall only be within San Diego County California
6.9. Arbitration. Any dispute or controversy arising from or in connection with this Agreement or in regard to the services rendered, shall be finally settled by binding arbitration, held in San Diego County, California, and conducted in accordance with the Rules of the Judicial Arbitration Service before one arbitrator selected in accordance with those rules, except as to fee disputes which shall be governed by California mandatory arbitration rules pursuant to Business and Professional Code Section 6200, et seq. All costs will be shared between the parties equally. As a result of these provisions, you recognize that this Agreement constitutes your waiver of any proceedings before the courts, including, without limitation, a jury trial. This Agreement shall be governed by the laws of the State of California.