General Terms of Service

Terms & Conditions – 1upWP

Last updated: [insert date]

These Terms & Conditions apply to all services provided by 1upWP, operated from the Netherlands (“1upWP”, “we”, “us”).

By using our services, you agree to these Terms & Conditions.

1. Definitions

  • Client: the individual or legal entity using the services of 1upWP
  • Services: all services provided by 1upWP, including but not limited to upgrades, maintenance, monitoring, hosting coordination, and incident response
  • Website: the WordPress or WooCommerce website of the Client
  • Maintenance: planned updates and preventive work
  • Incident: an unplanned disruption such as downtime, errors, or reduced functionality

2. Applicability

  1. These Terms & Conditions apply to all offers, agreements, and services provided by 1upWP.
  2. Deviations are only valid if agreed upon in writing.
  3. Any terms and conditions of the Client are explicitly rejected.

3. Nature of the Services

  1. 1upWP provides specialized services focused on stability, security, and risk management within the WordPress ecosystem.
  2. 1upWP is not a web development agency and does not provide ongoing custom development unless explicitly agreed.
  3. All services are provided on a best-effort basis within the agreed scope.

4. Updates and Maintenance

  1. Updates to WordPress core, plugins, themes, and server stack are performed within planned maintenance windows.
  2. Updates are preceded by backups and, where applicable, rollback options.
  3. After updates, 1upWP performs basic functional checks only.
  4. 1upWP does not guarantee that all website functionality remains unchanged after updates.

5. Third-Party Software and Responsibility

  1. Websites rely on third-party software such as plugins, themes, and hosting services.
  2. 1upWP is not responsible for errors, limitations, or incompatibilities in third-party software.
  3. Custom code or undocumented modifications fall outside the responsibility of 1upWP unless explicitly agreed in writing.

6. Issues After Updates

  1. After an update, functional issues may become visible that were not apparent before.
  2. Such issues are generally the result of existing technical debt or incompatibilities.
  3. These issues do not constitute a failure or fault in the update process performed by 1upWP.

7. Incidents and Incident Response

  1. Maintenance and incident response are separate services.
  2. Incident handling is only included if explicitly covered by the selected service level.

Service Levels:

  • Stage 1 – Guard
    Incidents are logged but not actively resolved.
  • Stage 2 – Boost
    Incident response is initiated within 24 business hours.
  • Stage 3 – Extra Life
    Priority incident response with faster reaction times.
  1. Incidents outside the selected service level are handled only after explicit approval and may be billed separately.

8. No Implied Obligations

  1. Requests such as “can you take a quick look” or “it worked before” do not create an obligation to perform work.
  2. Work is only performed:
    • within the agreed service scope, or
    • after explicit approval by the Client.

9. Excluded Services

Unless agreed otherwise in writing, the following are not included:

  • development of new features
  • modification or rebuilding of custom code
  • design or layout changes
  • plugin purchases or replacements
  • content management

Such work requires a separate agreement or is billed at an hourly rate.

10. Hosting

  1. If hosting is provided via 1upWP, it is delivered through a third-party managed hosting provider.
  2. 1upWP acts as the primary contact but is not responsible for infrastructure failures beyond its control.
  3. Availability guarantees are governed by the hosting provider’s SLA.

11. Payment

  1. Invoices must be paid within the agreed payment term.
  2. In case of non-payment, 1upWP reserves the right to suspend services.
  3. Subscription services are billed in advance and automatically renewed unless cancelled in time.

12. Liability

  1. The liability of 1upWP is limited to the amount paid for the relevant service.
  2. 1upWP is not liable for indirect damage, loss of revenue, or consequential damages.
  3. The Client remains responsible for the content and overall operation of the Website.

13. Termination

  1. Subscription services may be cancelled with one month’s notice unless otherwise agreed.
  2. Outstanding work or invoices remain payable.

14. Governing Law

  1. All agreements are governed by the laws of the Netherlands.
  2. Any disputes shall be submitted to the competent court in the Netherlands.

15. Severability

If any provision of these Terms & Conditions is held invalid, the remaining provisions remain in full force and effect.