Terms of Service

Updated on: August 31, 2025

Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and CriticalWP (“Company,” “we,” “us,” or “our”) concerning your access to and use of our WordPress design, development, hosting, maintenance, and optimization services.

By accessing our services, you agree to be bound by these Terms. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USE IMMEDIATELY.

1. Services

1.1 Core Services

Custom WordPress website design and development
Managed WordPress hosting with containerized infrastructure
Website migration services
Ongoing maintenance and support
Security hardening and monitoring
ADA compliance implementation via AccessiBE
Performance optimization and SEO implementation
Brand integration and design services

1.2 Hosting Infrastructure

Our hosting services utilize enterprise-level partnerships with WPEngine or Kinsta, depending on international needs, on Google Cloud infrastructure, providing containerized hosting environments across USA and Switzerland regions.

1.3 Premium Tools and Licenses

Hosting packages may include agency-provided licenses such as Elementor Pro and Astra Pro for the duration of service. Additional premium plugins require separate agreements and client approval. All such licenses remain the property of CriticalWP and are non-transferable. Upon service cancellation, these licenses will be discontinued and will not transfer to the client.

2. Payment Terms

2.1 Payment Processing

All payments are processed securely through Stripe. By making payment, you agree to Stripe’s Terms of Service and Privacy Policy.

2.2 Pricing and Scope

Pricing for services varies based on project complexity, scope of work, and client needs. All pricing will be outlined in a proposal, contract, or Statement of Work (SOW) specific to each project or plan.

2.3 Payment Schedule

Development projects: Deposit required before work begins; remaining balance due upon completion or as outlined in the SOW
Hosting/maintenance: Monthly billing through automated Stripe billing
Emergency support: Billed separately at the rate agreed to in writing

2.4 User Portal

Invoice viewing and downloading
Payment method updates
Subscription management
Payment history and billing information

2.5 Late Payments and Refunds

Accounts 30+ days overdue may be suspended with 1.5% monthly service charge
Deposits are non-refundable
Development refunds available only for unperformed work (excluding deposits)
Hosting services: No refunds; cancellations effective at end of billing cycle
Stripe refunds may take 5–10 business days

2.6 Service Suspension and Deletion for Non-Payment

Accounts that remain unpaid will be subject to suspension of hosting and related services once invoices are 30 days past due.
If an invoice remains unpaid for 45 days past due, all hosting, licenses, and associated website data will be permanently deleted from our systems.
Recovery after permanent deletion is not possible. Clients are responsible for ensuring timely payment to avoid service disruption and data loss.
Reinstating suspended services requires full payment of all overdue balances plus a $300 reactivation fee. Service restoration may take up to 7 business days after payment is received.
CriticalWP may, but is not obligated to, provide additional reminders prior to suspension or deletion.
Unpaid invoices remain due even if services are suspended or deleted, and CriticalWP reserves the right to pursue collection efforts and recover associated costs.
CriticalWP reserves the right to extend or shorten the suspension or deletion window at its sole discretion.

3. Data Protection and Backups

3.1 Data Security

Industry-standard security measures protect your data through enterprise partnerships with WPEngine or Kinsta, depending on international needs.

3.2 Backup and Recovery

Automated daily encrypted backups
30-day backup retention
Typical 1-hour restoration time
Google Cloud redundancy across USA and Switzerland

3.3 Data Ownership and Responsibilities

You retain ownership of all your data
Upon termination, you are responsible for creating and downloading a complete website backup
CriticalWP will retain system backups for 30 days post-termination solely for emergency recovery upon written request
If you request a backup export from CriticalWP, a minimum service fee of $300 will apply. This export will consist of the raw website files and database. No installation support, configuration assistance, or implementation instructions are included
After the 30-day retention period, all data is permanently deleted in line with our deletion schedule

4. Intellectual Property

You retain ownership of provided content and materials
Upon full payment, you receive ownership of custom code and designs (third-party tools remain under their respective licenses)
Our methodologies, processes, and proprietary tools remain our intellectual property

5. Service Level Agreements

5.1 Performance Standards

Target 99.9% uptime through enterprise hosting partnerships
Emergency support: 1-hour response time (site inaccessible, breach, or malware)
General support: 24–48 hours (Mon–Fri via [email protected])
Performance optimization aims for improved PageSpeed scores (typically 90+) though results may vary based on content, scripts, or dependencies

5.2 Maintenance Windows

Routine maintenance occurs during low-traffic hours with notice; emergency maintenance may occur without notice.

6. Acceptable Use

Prohibited uses include:

Illegal activities or content
Spam, phishing, or malware distribution
Copyright/trademark infringement
Adult content or gambling (without approval)
Resource-intensive applications affecting server performance
Fraudulent payment activities or unjustified chargebacks
Using hosting services as file storage (all files must support the website)
Exceeding storage allocation (standard 5GB, expandable by plan)

7. Termination

7.1 Client Termination

Hosting and Maintenance Plans: May be cancelled anytime via Stripe billing portal; cancellation effective end of billing cycle
Development Projects/Retainers: Cancellation must be requested in writing via [email protected]

7.2 Company Termination

Immediate termination for breach, non-payment, or illegal activities.
30-day notice for other reasons.

7.3 Effect of Termination

After cancellation, CriticalWP will schedule project and website deletion
Clients are responsible for downloading a complete backup before the end of the billing cycle
Backups may be requested during the 30-day retention window; after that, all data is permanently deleted
Backup exports incur a minimum $300 fee, providing raw files and database only, without support or instructions
Once deletion is scheduled, hosting, licenses, and services will be discontinued

8. Client Responsibilities

Provide timely access to required accounts (WordPress admin, DNS, registrar, integrations)
Maintain any third-party licenses not provided by CriticalWP
Ensure compliance with applicable laws (GDPR, CCPA, e-commerce, privacy)
Supply accurate and complete content
Accept responsibility for all business, product, and service decisions made via the site

9. Support Scope & Limitations

Support includes WordPress core, supported plugins/themes, and hosting environment
Excludes unsupported third-party plugins/themes unless separately contracted
Content updates (copy changes, posts, image swaps) are excluded unless included in a plan
Email deliverability is not guaranteed; clients must use third-party email solutions. Setup assistance available at additional cost
Included development or support hours in any plan are non-bankable. Unused hours do not roll over to future billing cycles and are not refundable or transferable.

10. Disclaimers

10.1 SEO Disclaimer

SEO/optimization improves technical best practices but no guarantee of rankings, leads, or traffic.

10.2 ADA/Accessibility Disclaimer

Tools such as AccessiBE may be implemented, but no legal guarantee of ADA/WCAG compliance is provided. Responsibility rests with the client.

10.3 Plugin & Theme Updates Disclaimer

CriticalWP follows best practices for updates but cannot guarantee against third-party conflicts. Resolution may require additional billable work.

10.4 Security Disclaimer

Security monitoring reduces risk but cannot guarantee immunity from hacks or breaches. CriticalWP is not liable for damages caused by compromised credentials or third-party integrations.

10.5 Migration Disclaimer

Migrations are not included by default when leaving CriticalWP. Migration services may be requested for a fee. CriticalWP is not responsible for issues after migration to non-CriticalWP environments.

11. Limitations of Liability

Service availability may be affected by factors beyond our control
Liability is capped at the amount paid in the 6 months before a claim
No liability for indirect, incidental, special, consequential, or punitive damages, including lost profits or data

12. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., natural disasters, war, pandemics, labor disputes, ISP outages, vendor failures).

13. Third-Party Services

Our services rely on WPEngine or Kinsta, Google Cloud, Stripe, AccessiBE, and other providers. Certain aspects are subject to their terms and limitations.

14. Legal Provisions

Governed by Texas law; arbitration in Austin, TX. International disputes may be resolved in the client’s jurisdiction unless agreed otherwise
You indemnify CriticalWP from claims arising from your content, actions, or violations, to the extent under your control
CriticalWP may update or modify these Terms of Service at any time, without prior notice.
Updates are effective immediately upon being posted on https://criticalwp.com.
It is the client’s responsibility to review the Terms periodically.
Continued use of our services after an update constitutes acceptance of the revised Terms.
Invalid provisions do not affect remaining Terms
Client cannot assign Terms without written consent
Both parties agree to attempt mediation before arbitration

15. Confidentiality

CriticalWP will treat all client-provided materials, credentials, and business information as confidential and will not disclose them to third parties except as required to deliver services or by law.

16. Data Privacy

Clients are responsible for ensuring their websites comply with applicable privacy laws, including GDPR, CCPA, and other regional data protection regulations. CriticalWP does not provide legal advice and is not responsible for a client’s compliance obligations.

17. Scope of Work Changes

All work is based on the agreed Statement of Work (SOW). Any changes, additional features, or revisions beyond those included will require a new agreement or change order and may incur additional costs.

18. Contact Information

CriticalWP
Website: https://criticalwp.com