Acceptance Of Terms

These terms of service are a legal agreement between you, either an individual or a single legal entity and FACEUX, which operates the FACEUX online services available at faceux.com. These Terms govern your use of any FACEUX online services, the FACEUX website and any subpages, the client software distributed with this Agreement and any other software provided by FACEUX, including any updates and any accompanying written documentation (collectively the “Software”). The Software, the Site and the Services may be referred to as the “Products.” By clicking the “I AGREE” or similar button, or using any Products, you agree to these Terms. If you do not agree to these Terms, then do not indicate acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.

Description Of Service

The Site is an online service offering maintenance and blog/article packages to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content FACEUX makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of FACEUX. FACEUX reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. FACEUX service does not support multi-site WordPress installations.

Account & Fees

You must register with FACEUX to use the Services, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services.
Our charges to provide the Services to Customer are set out on the Order. Fees applicable to any renewal Term will be at our then-current rates, provided that we have notified Customer that an adjustment will take effect at the time of renewal prior to the date by which Customer may opt out of the applicable renewal.

You agree to pay the fixed subscription and variable usage-based fees, if any, for the account type you have selected and agree to any applicable restrictions and quotas, including the number of websites you are allowed to integrate with our Products. If you exceed any quota allocated to your account, you agree that FACEUX may upgrade you to another type of account with a higher quota or may restrict your usage if you fail to upgrade. If you use a credit card for payment, you authorize FACEUX to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify FACEUX in advance that you do not want your subscription renewed. You may cancel your subscription prior to the next billing date to avoid future charges. Service will continue until the end of the current billing period, but no service fees will be refunded.

Any discounts agreed upon with your order will be honored throughout the period specified of your license. Any life-time discounts that have been applied to your account will remain in effect for as long as you maintain a Paid Account that remains in good standing with FACEUX and does not violate these Terms. If the account owner fails to pay for services within ten days of the payment due date or discontinues Paid Account services, any and all discounts applied to the user’s account forfeits their life-time discounts and the life-time discount will no longer apply. Unless otherwise stated on the Order or herein, Customer will be charged the Fees beginning on the Effective Date.

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 FACEUX 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.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge FACEUX, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless FACEUX, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your account or FACEUX Username and password, or (iii) any violation of any rights of a third party.

Limitation Of Liability

In no event shall FACEUX be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

Copyrights/Trademarks

All content and materials available on http://faceux.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of FACEUX, 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 FACEUX.

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.

Service Cancellation

You may cancel a plan with us at any time provided that all payments are up-to-date. Should you decide to cancel this, you acknowledge that no refunds will be given on amounts you’ve already paid. You also authorize us to charge your credit card or other payment method for any payments that remain outstanding.
We reserve the right to cancel this agreement at any time, for any reason, at any time. Should we decide to cancel service, we’ll send you a cancellation notice either electronically or in writing. We’ll send this notice to the physical or email address we have on record.

Content Update Requests

Content updates must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request an update please e-mail update@faceux.com or create a ticket at http://faceux.com/website-support/
Essentials PRO and Essentials PRO+ packages include a free 15 minute content update session per month. This must be used within the allocated month and can not be carried over. If your content update request is estimated to exceed the inclusive allocated time, the request will be subject to additional fee based on the time required for the request. The Essentials (Standard) package does not include a content update session. Developer support and customisation hours required outside of the allocated allowance are billed at £49.00 per hour.
Up to 72 hours response time on non-emergency requests. Requests are subject to approval by assigned agent or FACEUX management. Emergency or rush requests may be subject to a rush surcharge of £49.99/hour.

Nature of Requests

Requests should fall within the following categories.
• UI troubleshooting (HTML, CSS, Javascript)
• Styling elements with CSS
• Content Population & Image Manipulation
• Creation of basic graphics (e.g. buttons, banners, etc.)
• WordPress consulting (pick our brains)
• Optimization of CSS, Javascript and Images
• Theme/plugin audits
• Plugin installation and implementation
If you’re unsure about the whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.
Examples of requests not meeting approval for monthly development time:
• Website redesign
• Landing page design
• Custom plugin development
• Custom theme development
• Search marketing/SEO services

Blog Article Requests

A blog article must be requested through the proper channels to be received and responded to in a reasonable amount of time (30 days prior to required publishing date). To request a specific article please e-mail blog@faceux.com or create a ticket at http://faceux.com/website-support/
Essentials PRO package includes one article per month and Essentials PRO+ package includes two articles per month. This must be used within the allocated month and can not be carried over. If you require an article outside of the allocated allowance, the request will be subject to additional fee based on the article request. The Essentials (Standard) package does not include any articles within the allocated allowance. Additional articles requested outside of the allocated allowance are subject to a minimum fee of £69.99 per article.
Up to 72 hours response time on non-emergency requests. Requests are subject to approval by assigned agent or FACEUX management. Emergency or rush requests may be subject to a rush surcharge of £49.99/hour.

Change

FACEUX reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, FACEUX will notify you by posting an announcement on the site. What constitutes a material change will be determined at FACEUX’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind FACEUX in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. FACEUX shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond FACEUX’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. FACEUX may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of The United Kingdom. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.