--- title: "WP Geeks Care Plan Terms of Service" id: "332" type: "page" slug: "terms-of-service" published_at: "2019-06-20T18:10:06+00:00" modified_at: "2026-09-10T12:34:19+00:00" url: "https://wpgeeks.co/terms-of-service/" markdown_url: "https://wpgeeks.co/terms-of-service.md" excerpt: "Effective date: 4 September 2026Version: 2.1 — replaces the Terms of Service previously published at wpgeeks.co/terms-of-service/Currency: United States dollars (USD)Applies to: The WP Geeks Maintenance, Management, Unlimited and Custom care plans. Works alongside: If a signed proposal or statement of..." --- **Effective date:** 4 September 2026 **Version:** 2.1 — replaces the Terms of Service previously published at wpgeeks.co/terms-of-service/ **Currency:** United States dollars (USD) **Applies to:** The WP Geeks Maintenance, Management, Unlimited and Custom care plans. **Works alongside:** - Our *Development Rates and Terms of Service* — covers work billed by the hour. - Our *Content Edit Policy* — covers what a content edit is and how the queue works. - Our *Data Processing Addendum* — covers personal data we handle on your behalf. Available on request from [support@wpgeeks.co](mailto:support@wpgeeks.co) . - Our *Privacy Policy* — covers data we hold about you. If a signed proposal or statement of work says something different from this document, that document wins for the work it covers. --- ## 1. Who you’re contracting with WP Geeks is a service of **UpThink Limited**, a limited company incorporated in Hong Kong (company number 2226128), registered office Flat/Rm A-C, 25/F, Seabright Plaza, 9-23 Shell Street, North Point, Hong Kong. In this document, “we”, “us” and “WP Geeks” mean UpThink Limited. “You” means the person or business buying a care plan. If you’re signing up on behalf of a company, you’re confirming you’re allowed to bind that company, and “you” means that company. Contact us at [support@wpgeeks.co](mailto:support@wpgeeks.co) . Our postal address for notices is Flat/Rm A-C, 25/F, Seabright Plaza, 9-23 Shell Street, North Point, Hong Kong. --- ## 2. What a care plan is A care plan is an **ongoing subscription to routine upkeep of your WordPress website**. It is not a fixed quantity of work, and it is not a guarantee about how your website will perform. What’s included depends on the plan you bought. The current description of each plan is published at wpgeeks.co/wordpress-management/ and forms part of this agreement. Broadly, care plans cover some or all of: - Applying WordPress core, plugin and theme updates. - Taking backups, and restoring from them when something goes wrong. - Monitoring whether your site is online, and scanning it for malware. - Passing on alerts about known vulnerabilities in software your site uses. - Security hardening, database optimisation and speed work, on the plans that list them. - Content edits, on the plans that include them, under our *Content Edit Policy*. - Emergency support during our support hours. **We may change how we deliver a plan** — the tools we use, the schedule, the monitoring provider — as long as we don’t materially reduce what the plan does. We’ll give you 30 days’ notice before any change that materially reduces it. ### 2.1 What a care plan is not A care plan does **not** include: - Building new features, new pages, new designs, or writing code. That’s development work, quoted separately. - Web hosting, domain registration, email hosting, or SSL certificates. - Paid plugin, theme or software licences, unless your plan lists one by name. - Recovering a website we didn’t have a working backup of. - Fixing damage caused by someone else’s changes, by your host, or by software we don’t manage. - Marketing, SEO strategy, content writing, or design. - Legal compliance work on your website — including accessibility conformance, privacy notices, cookie banners, or payment-card compliance. We’ll happily quote for that as development work, but it isn’t part of a care plan and we don’t warrant that your website complies with anything. --- ## 3. How fast we work **These are targets, not guarantees. This agreement contains no service level agreement.** - **Emergency support** runs Monday to Friday, 9am to 9pm Hong Kong / Indochina time (UTC+7), excluding public holidays and days we’re closed. - **Uptime and malware monitoring runs continuously**, but our *response* to an alert happens during support hours. An alert at 3am Sunday is normally actioned the next working morning. - **Website updates** are normally completed within 1 to 3 working days. - **Content edits** follow the timings in our *Content Edit Policy*. - **Priority support**, where your plan includes it, means your request goes to the front of the queue. It does not extend our support hours. Where we agree different hours or response times with you in writing, that agreement wins. --- ## 4. Backups **What we do.** On the plans that include backups, we take them at the frequency your plan states, and we store them with a third-party backup provider. Ask us and we’ll tell you who our current backup provider is, where they store your data, and how long they keep it. **What backups are for.** They’re for restoring your site after a failure, an attack, or a change that went wrong. They are not an archive, and they are not a substitute for your own copies. **Keep your own copy.** We strongly recommend you keep an independent backup of your website that we do not control. If our provider fails, if your host purges data, or if your account with us ends, our copies may not be available. **Restores are best efforts.** We’ll try hard, and in most cases it works. But a backup can be incomplete, corrupt, or too old to be useful, and some failures can’t be reversed — a database that was already broken when the backup ran, for instance, restores broken. **We don’t guarantee that any particular restore will succeed or that no data will be lost.** **Our satisfaction promise, stated accurately.** Before we start a job we take a backup. If you’re unhappy with the result, tell us within 7 days and we will attempt to restore your website to its state before we touched it, free of charge. That’s a promise about the effort and the process. It isn’t a promise that the restore will be perfect, and it doesn’t cover changes made by you or anyone else in the meantime. **When your plan ends,** we delete our backups of your site after 30 days. Ask before then if you want a copy. --- ## 5. Security — what we can and can’t promise We take security seriously. We apply updates, we harden sites, we scan for malware, and on the plans that include it we remove malware we find. **No one can make a website safe from every threat, and we don’t claim to.** WordPress sites depend on things we don’t control: your hosting, your plugins and themes, code written by other companies, your users’ devices and passwords, and vulnerabilities nobody has discovered yet. So we can’t promise: - That your site won’t be hacked, infected or defaced. - That your site will stay online without interruption. - That every update will work with everything else on your site. - That a third party’s software or service will stay online or behave as documented. - That your site is compliant with any security or privacy standard. Where malware removal is part of your plan, it means we’ll attempt to clean an infected site. It doesn’t mean we’ll always succeed, or that a site won’t be reinfected through a route we don’t control. **If your site takes card payments,** you remain responsible for your own PCI DSS obligations. We are not a payment processor and we do not assess or certify your compliance. --- ## 6. What we need from you **Access.** You’ll give us the access we need — WordPress administrator, hosting or control panel, and any third-party accounts a task requires — and keep it working. If access is withdrawn or breaks, we can’t deliver the plan, and the plan still bills. **Authority.** You confirm you own the website, or that you’re authorised by the owner to give us access and instruct us on it. **Licences.** You confirm you hold valid licences for the paid plugins and themes on your site. We won’t install or update unlicensed software, and we may pause work if we find it. **Content and rights.** Anything you send us to publish — words, images, video, code, data — you confirm you’re entitled to use. **Your own security.** Keep your passwords confidential and enable two-factor authentication where it’s offered. You’re responsible for what happens under your accounts. **A working host.** Your site needs hosting that’s supported, current, and has the resources the site needs. If your host is the problem, we’ll tell you, but we can’t fix it from inside. **Responses.** When we ask you a question, the clock stops until you answer. --- ## 7. Fees, renewal and cancellation ### 7.1 Prices and billing Care plans are billed in advance — monthly on a monthly plan, annually on an annual plan. Prices are those published at wpgeeks.co/wordpress-management/ at the time you subscribe, or those in your written proposal. Payment is by card or another method we accept. Bank fees, payment-platform fees and currency-conversion charges are yours. ### 7.2 Automatic renewal **Your plan renews automatically** at the end of each billing period, at the then-current price for your plan, and we charge the payment method on file, **until you cancel**. We take your express consent to this when you subscribe, and we send you a written acknowledgement of the renewal terms and how to cancel. ### 7.3 Notices we send you - **Annual plans:** we email you a renewal reminder between 45 and 15 days before each renewal, telling you the plan, the amount, the renewal date, and how to cancel. - **Monthly plans:** we email you an annual reminder of the subscription, the amount and frequency of the charge, and how to cancel. - **Price changes:** we email you between 30 and 7 days before a new price takes effect. If you don’t want the new price, cancel before it starts. ### 7.4 Cancelling **You can cancel at any time, online, in a single step, without talking to anyone.** Use the cancel button in your account, or email [support@wpgeeks.co](mailto:support@wpgeeks.co) and we’ll process it. Cancellation takes effect at the end of the billing period you’ve already paid for. You keep the service until then. **Refunds.** Fees already paid aren’t refundable, except: - Where the law requires a refund. - Where we’ve agreed one in writing. - Where we cancel your plan for our own convenience, in which case we refund the unused part of the period pro rata. ### 7.5 Late payment and suspension If a payment fails or an invoice is overdue we may pause work, hold changes back from your live site, and suspend your plan. We’ll tell you first where we reasonably can. Overdue amounts may carry interest at 1.5% per month, or the maximum the law allows, whichever is lower. If your plan is suspended for non-payment for 30 days, we may terminate it and delete your backups. --- ## 8. Term, termination and what happens after **Term.** Your plan runs for the billing period you bought, and renews as described above. **You can terminate** by cancelling under clause 7.4. **We can terminate** on 30 days’ written notice, for any reason. We can terminate immediately if you don’t pay, if you breach these terms and don’t fix it within 7 days of being asked, if you ask us to do something illegal, or if you’re abusive to our people. **On termination:** - We stop work and stop billing at the end of the paid period. - We give you 30 days to request a copy of your backups, then delete them. - We remove our access to your systems, and you should remove any accounts you created for us. - Anything you owe becomes due immediately. - Clauses 5, 9, 10, 11, 12, 13 and 16 survive. --- ## 9. Confidentiality Each of us will keep the other’s confidential information confidential, use it only for this agreement, and protect it as carefully as we protect our own. This covers your credentials, your data, your business plans, and our pricing, processes and documentation. It doesn’t cover information that’s public through no fault of ours, that we already had, or that we’re legally required to disclose — in which case we’ll tell you first if we’re allowed to. These obligations last for 3 years after the agreement ends, and indefinitely for anything that’s a trade secret. --- ## 10. Who owns what **Your website is yours.** Your content, your data, your trademarks, and everything on your site before we started stay yours. **A care plan doesn’t include custom development.** Building new code, themes, plugins or templates is separate work under our *Development Rates and Terms of Service*, and that document governs who owns it. **What we do create under a care plan is yours.** Configuration, settings, and any content edits we make on your instructions belong to you as soon as we make them. Nothing we do under a care plan gives us any claim over your website. **We keep our own toolkit.** Anything we developed before this agreement, or that we develop for general use — our scripts, snippets, libraries, checklists, processes and know-how — stays ours. Where custom work contains any of it, we grant you a perpetual, worldwide, non-exclusive, royalty-free licence to use it as part of your website. **Third-party software stays with its owner** and is licensed to you on its own terms — WordPress core, plugins, themes and services all have their own licences. **We may say we worked with you.** We can name you and show your website as an example of our work, unless you tell us in writing not to. --- ## 11. Third-party services Your website depends on services and software provided by other companies — your host, your CDN, your plugins, your payment provider, your email service, and the tools we use to deliver the plan. We choose our own tools carefully, and we’ll name the main ones on request. But we don’t control any of these companies, we can’t guarantee they’ll stay online or keep working the way they do today, and **we’re not responsible for what they do, fail to do, charge, or change**. Where a third party causes a problem, we’ll help you deal with it, and that help is billable outside your plan’s inclusions. --- ## 12. Warranties, and the limits on them **We warrant** that we’ll perform the services with reasonable skill and care, in a professional manner, using appropriately qualified people. **That’s the only warranty we give.** To the fullest extent the law allows, everything else is excluded — including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, or that any defect will be corrected. The services are otherwise provided “as is”. **Some jurisdictions don’t allow the exclusion of certain warranties or guarantees.** Where that’s the case, this clause applies only to the extent the law allows, and nothing here removes a right you have that can’t be removed by contract. --- ## 13. Limitation of liability **Read this clause. It’s the most important one for both of us.** **We’re not liable for indirect loss.** Neither of us is liable to the other for loss of profit, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings, loss or corruption of data, business interruption, or any indirect or consequential loss — however it arises, and even if we were told it might happen. **There’s a cap on everything else.** Our total liability to you, for all claims added together arising out of or relating to this agreement, is limited to **the total fees you paid us for the affected service in the 6 months before the event giving rise to the claim** — or US$500, whichever is greater. **Neither of us caps liability for:** death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or anything else that can’t be limited by law. Your obligation to pay us isn’t capped either. **Why the cap exists.** Care plans are priced at a small fraction of what your website is worth to you. The price reflects the cap. Without the cap we couldn’t offer the service at this price, and you’d be buying something considerably more expensive. If you need higher cover than this, tell us — we can look at agreeing a higher cap for a higher fee, or you can carry the risk on your own insurance. --- ## 14. Indemnity **You’ll cover us** against claims, losses, damages and reasonable legal costs that a third party brings against us because of: - Content, data, code or materials you gave us or that are on your website. - Your breach of clause 6 (what we need from you). - Your use of your website, or your products and services. - Your breach of any law, or of anyone’s intellectual property or privacy rights. **We’ll cover you** against a third-party claim that custom work we created for you infringes their intellectual property rights — as long as you tell us promptly, let us handle the defence, and haven’t modified the work in a way that caused the problem. This doesn’t apply to third-party software, or to anything you supplied. Both indemnities are subject to clause 13. --- ## 15. Non-solicitation While we’re working together, and for 12 months afterwards, neither of us will directly solicit the other’s employees or contractors who worked on this engagement. Answering a public job advertisement doesn’t count. --- ## 16. Governing law and how disputes are resolved This agreement, and anything arising out of or relating to it, is governed by the **laws of the Hong Kong Special Administrative Region**, without regard to its conflict of laws rules. ### 16.1 Talk to us first Before starting arbitration or any other proceedings, send us a written description of the dispute, what you want, and why. Email it to [support@wpgeeks.co](mailto:support@wpgeeks.co) and post a copy to our registered office. We’ll do the same if the dispute is ours. Both of us then have **30 days** to try to resolve it directly. Most disagreements end here, and this step costs nothing. ### 16.2 Arbitration If the 30 days pass without resolution, **any dispute arising out of or relating to this agreement — including its existence, validity, interpretation, performance, breach or termination — will be referred to and finally resolved by arbitration** administered by the **Hong Kong International Arbitration Centre (HKIAC)** under the **HKIAC Administered Arbitration Rules** in force when the Notice of Arbitration is submitted. - **Seat of arbitration:** Hong Kong. - **Number of arbitrators:** one. - **Language:** English. - **Hearings:** the arbitration may be conducted on documents alone, without an oral hearing, where both parties agree or the arbitrator decides it is appropriate. Where there is a hearing, it may be held by video conference. - **Costs:** each party bears its own legal costs unless the arbitrator decides otherwise. The arbitrator may award costs and expenses to the successful party. - **Confidentiality:** the arbitration, the evidence and the award are confidential, except where disclosure is needed to enforce or challenge an award, or is required by law. The arbitrator’s award is **final and binding** on both of us. Judgment on the award may be entered in any court of competent jurisdiction. Hong Kong and the United States are both parties to the New York Convention, which means an award made in Hong Kong can be recognised and enforced by courts in the United States. ### 16.3 Individual claims only **Both of us agree to bring claims only in an individual capacity**, and not as a claimant or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of class or representative proceeding. If this paragraph is found unenforceable, the whole of clause 16.2 does not apply to the claim in question, and that claim proceeds in court under clause 16.5. ### 16.4 What you can still take to court Arbitration is not the only route. Either of us may instead: - **Bring an individual claim in a small claims court** — or an equivalent court of limited jurisdiction — in the place where you live or do business, provided the claim stays in that court, remains individual, and is within that court’s limits. You do not have to arbitrate a small claim. - **Apply to any court for urgent or interim relief** — an injunction, an order preserving evidence, or similar — to protect confidential information, intellectual property, or access credentials, before or during an arbitration. - **Bring proceedings to recover unpaid fees** in any court that has jurisdiction over the party that owes them. ### 16.5 If arbitration doesn’t apply Where a claim falls outside clause 16.2, or where clause 16.2 is held not to apply to it, the courts of Hong Kong have exclusive jurisdiction — except that we may bring proceedings to recover unpaid fees in any court that has jurisdiction over you. ### 16.6 Your local rights Nothing in this clause removes any right you have under the mandatory consumer law of the place you live, including any right to bring a claim in a local court or before a local consumer body where that law says you may. ## 17. General **Force majeure.** Neither of us is liable for a failure caused by something outside our reasonable control — natural disaster, war, epidemic, government action, industrial action, failure of the internet, or failure of a third-party provider. If it lasts more than 30 days, either of us can terminate. **Changes to these terms.** We may update these terms for future billing periods. We’ll email you at least 30 days before a change takes effect. If you don’t accept it, cancel before it starts. Continuing to pay after the change means you’ve accepted it. **Notices.** Notices to you go to the email address on your account. Notices to us go to [support@wpgeeks.co](mailto:support@wpgeeks.co) , and for anything formal, also to our registered office by post. **Assignment.** You can’t transfer this agreement without our written consent, which we won’t unreasonably withhold. We can transfer it as part of a sale or reorganisation of our business. **Independent contractors.** We’re your supplier, not your employee, partner or agent. **Subcontracting.** We may use subcontractors to deliver the service. We stay responsible for their work, and we handle them as sub-processors under our Data Processing Addendum, and we’ll tell you before anyone new can access data on your website. **Entire agreement.** These terms, plus the documents listed at the top and any signed proposal, are the whole agreement between us. Neither of us is relying on anything said outside them. **Severability.** If a court finds part of this unenforceable, the rest still stands, and that part is reduced to what is enforceable. **No waiver.** If we don’t enforce something straight away, we haven’t given up the right to enforce it later. --- ## 18. Accepting these terms You accept these terms by doing any of the following: - Subscribing to a care plan. - Approving a proposal that refers to them. - Telling us to start work. - Continuing to use a care plan after we’ve sent you these terms. --- *WP Geeks is a service of UpThink Limited, a limited company incorporated in Hong Kong. Company number 2226128 · Business Registration number 64643460. Registered office: Flat/Rm A-C, 25/F, Seabright Plaza, 9-23 Shell Street, North Point, Hong Kong.*