Customer: You have the authority to enter into a business relation under these Terms of Service on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the work on your website. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to pay the monthly fee immediately when due.
Agency: We have the experience and ability to do everything we’ve agreed on and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and we will maintain the confidentiality of everything you give us. Us, Agency, We, etc. in these Terms of Services refers to the below company:
Wohok Solutions Limited
Room 1405, 135 Bonham Strand Trade Centre,
135 Bonham Strand,
Sheung Wan, Hong Kong
This agreement can be cancelled by either party at any time with 14 days’ notice. Cancellation can be done via email and does not require any other formal/signed cancellation notice.
This service works on a subscription basis with three plans. You are free to switch between the three plans on a monthly basis to fit them to your needs. It is not possible to pause the plan as a website needs regular maintenance.
The prices you can sign up for are:
- Maintenance light: HKD 2990,-
- Maintenance full: HKD 4990,-
- Development: HKD 7990,-
Depending on the plan you sign up for, you get a certain number of requests per month (see website for more details). We will work on those requests and deliver the outcomes to you as quickly as possible.
When the agreement is cancelled, we happily send you your website’s files and data so another web developer can continue work on your website. This comes with a couple of caveats to bear in mind:
- If you have spent less than HKD 20,000 during your time with us (for a given website), you will have to pay a fee of HKD 5000 for us to send you the files. This is to avoid people taking advantage of us by having us create the website and then immediately leaving.
If you have spent more than HKD 20,000, you’ll get the files and data for no additional fee.
- The licenses we use for plugins and themes only work as long as you are our client. Once the agreement ends, you will have to purchase those licenses yourself to be able to use them going forward.
Important: Please note that even though we are happy to send you the files and data, you won’t be able to claim ownership of the code. The ownership of the code either remains with us or with the parties we licensed the code from for use on your website. In order for you to use their code, you would then have to purchase a license yourself to use it going forward.
As part of the monthly subscription plan, Webjoy provides free hosting on a Singapore server. Those servers are run by WPMU Dev (https://wpmudev.com/).
The hosting is targeted at low-to-medium traffic websites (up to 60 requests per minute). Should your website exceed this or provide downloads of big files (or other use cases that exceed the capacity of the server), we would have to charge you extra to move you to a better server.
Given that we use WPMU Dev as our server provider, we can’t provide any guarantees as to server uptime. We will do our best to provide decent server uptime, but most of this is out of our control. If your website requires close to 100% uptime guarantee, you should host your website yourself with a specialized WordPress hosting provider. We are happy to help with setting this up with/for you.
You shall be solely responsible for content on your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, meta tags, domain names, software and text.
Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.
Furthermore you are NOT allowed to:
- display or advertise pornographic, X-rated, sexually explicit, or otherwise tasteless materials, images, products or services (including, but not limited to: massage, dating, escort or prostitution services)
- use pornographic, X-rated, sexually explicit keywords or images
- host any content on your website that is not in compliance with Hong Kong laws and regulations.
You agree that we reserve the right to remove your website temporarily or permanently from our servers without the need to clarify or state the reasons.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person/company with relevant experience. That said, we can’t guarantee that our work will be error-free and therefore can’t be liable to you or any third-party for damages, including loss of profits, loss of savings or other incidental, consequential or special damages, even if you’ve advised us of them.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Just to be clear, “Intellectual Property” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by you or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claims by third parties that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or that we have obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claims by third parties that you’re using their intellectual property.
Code, Plugins and Themes
The copyright of the code we produce as part of this agreement remains with us. We grant you a license to continue to use the code for the website worked on as part of this agreement during and beyond the validity period of this agreement. However, you won’t own any of the code we deliver to you when handing over files and data.
Furthermore, as part of our work we will use third party themes and plugins, some of which are paid themes and plugins subject to monthly or yearly charges. We do purchase the necessary licenses to be able to use those plugins. At any time, the ownership of the licenses for those themes and plugins remains with us. The ownership and copyright of the code of those themes and plugins remains with the companies owning those themes and plugins.
If, in the future, you want to end this agreement and continue to run your website yourself, you will have to purchase adequate licenses to be able to use those themes and plugins as part of your website yourself.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under these Terms of Service and not cause the other to breach any relevant laws or regulations.
Although the language of these Terms of Service is simple, the intentions are serious and these Terms of Service is a legal document under exclusive jurisdiction of Hong Kong courts.
Last update: 2022-12-02