Terms of Service – PressCare

PressCare Terms of Service for WordPress Website Management

Last Updated: 04.11.2024

Introduction

These Terms of Service (“Terms”) govern the services provided by PressCare (“we,” “us,” “our”) to clients (“you,” “your,” “customer”) for the management of WordPress websites. By ordering our services, you agree to these Terms, including access to your website and data necessary for us to perform our services. These Terms are drafted in accordance with Polish and European Union laws, particularly in compliance with the General Data Protection Regulation (GDPR) and relevant Polish civil code provisions.

1. Scope of Service

PressCare provides comprehensive management services for WordPress websites, including but not limited to:

Regular website maintenance, such as updates to WordPress core, themes, and plugins
Security monitoring and implementation of security measures
Offsite backups of your website data (held in EU countries)
Performance optimization
Troubleshooting and technical support
Content updates (depending on the service package)

2. Customer Obligations

By using PressCare services, you agree to:

Provide secure access to your website’s WordPress admin dashboard and, if necessary, server or hosting account to allow us to carry out maintenance, updates, backups, and other management tasks.
Provide necessary login credentials, API keys, and other relevant information in a secure manner.
Ensure that your website complies with all applicable laws, including EU and Polish regulations.

3. Access to Data and Website

To fulfill our service obligations, you authorize PressCare to access your website and its data. This access includes:

Accessing your WordPress admin dashboard, databases, and hosting account for management purposes
Managing files, content, plugins, and themes
Installing, updating, or removing plugins, themes, and custom code required for security and management
Accessing traffic, usage, and analytics data to troubleshoot and optimize performance

By agreeing to these Terms, you explicitly consent to us accessing this data as necessary to fulfill our obligations under the service contract.

4. Data Privacy and Security

PressCare takes your privacy and data security seriously and complies with the GDPR and relevant Polish data protection regulations.

Data Collection: We collect and process only the data necessary for managing your website, such as administrative access credentials, traffic information, and site files.
Data Protection: We implement industry-standard security measures to protect your data during access and management.
Third-Party Processors: In cases where third-party tools or plugins are used, your data may be processed according to the terms of those providers, who are also required to comply with GDPR.
Data Transfers: We ensure that any data storage or transfers related to offsite backups occur within EU countries, in compliance with GDPR regulations regarding data sovereignty.

5. Offsite Backups

As part of our service, we create regular backups of your website and store them offsite in data centers located within the European Union. These backups are intended to help you recover from accidental data loss, hacking, or technical issues. By using our services, you agree to these offsite backups being stored in compliance with EU data protection laws.

6. Required Plugins

For PressCare to effectively manage and optimize your website, specific WordPress plugins may be required to ensure the smooth delivery of services such as security, performance optimization, and backups.

By agreeing to these Terms, you explicitly consent to the installation, updating, and management of the following types of plugins:

Security Plugins: To protect your website from threats like malware, unauthorized access, and hacking attempts.
Backup Plugins: To automate regular backups of your website and store them securely in offsite locations.
Performance Optimization Plugins: To improve website speed, caching, and overall user experience.
Monitoring Plugins: To track website performance, uptime, and traffic.

The specific plugins required will depend on the service package chosen and the unique needs of your website. PressCare ensures that all plugins installed are reputable, GDPR-compliant, and regularly updated. Should any conflict or issue arise with existing plugins, we will inform you and recommend alternative solutions.

Failure to consent to the installation of these required plugins may limit the scope of services we can provide and may result in incomplete or ineffective management.

7. Third-Party Services and Plugins

When necessary, PressCare may recommend or install additional third-party services, plugins, or themes beyond the required plugins. By agreeing to this, you understand that:

Any third-party services are subject to their own terms and conditions, which may involve their own processing of your data.
PressCare will not be liable for any performance, security, or functionality issues related to these third-party services. We will, however, make every effort to recommend and install only reputable and GDPR-compliant plugins or services.

8. External Hosting and Domain Services

PressCare provides services related to the management and optimization of WordPress websites; however, we do not manage or take responsibility for third-party hosting or domain services. You acknowledge and agree that:

PressCare is not responsible for errors or issues arising from your domain configuration, including but not limited to DNS settings, domain registration, or expiration.
PressCare takes no responsibility for the availability or performance of external hosting services, including servers, databases, or any third-party services where your WordPress site is installed.
External Hosting and Database Issues: Any problems with your hosting provider’s server uptime, database connection errors, or service outages must be resolved directly with your hosting provider. PressCare can assist in diagnosing such issues, but it is your responsibility to address them with the third-party provider.

This limitation of responsibility applies to all external services required for your website to function, including hosting, databases, and domain registration.

9. Service Fees and Payment Terms

Service fees are specified in your service agreement and are due according to the terms set forth in that agreement. Failure to pay by the due date may result in suspension or termination of services.

10. Termination

Either party may terminate this agreement by providing 30 days’ written notice. Upon termination, PressCare will revoke all access to your website, and it will be your responsibility to manage the site thereafter. We will also ensure the secure deletion of any data we may have collected, except for data required to be retained for legal or administrative purposes under Polish and EU laws.

11. Limitation of Liability

To the maximum extent permitted by law, PressCare shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use our services, even if we have been advised of the possibility of such damages. This includes loss of data, revenue, or business disruptions.

However, this limitation does not exclude any liability for damages caused by gross negligence or willful misconduct, as such exclusions are not permitted under Polish or EU law.

12. Changes to Terms

PressCare reserves the right to modify these Terms at any time. Any changes will be communicated to you in advance and will take effect either upon the next renewal of your service or 30 days from the date of notification, whichever comes first.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of Poland and the European Union. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the Polish courts.

14. Data Subject Rights

Under the GDPR, you have the following rights regarding your personal data:

Right to Access: You have the right to request access to the personal data we hold about you.
Right to Rectification: You may request correction of any inaccurate or incomplete data.
Right to Erasure (“Right to be Forgotten”): You may request the deletion of your personal data under certain circumstances.
Right to Data Portability: You have the right to obtain and reuse your data for other services.

You can exercise these rights by contacting us at the information provided below.

15. Contact Information

If you have any questions or concerns regarding these Terms, or if you wish to exercise your data rights, please contact us at:

PressCare
SOFTWARESYSTEM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Komisji Edukacji Narodowej 51 / 9, 48-303 Nysa, Polska

WordPress Management Solution
https://presscare.net
office@presscare.net

By purchasing or continuing to use PressCare services, you acknowledge that you have read, understood, and agreed to these Terms.