Terms and Conditions of Use for Products and Services

Terms of Use Premade WordPress Themes

This End User License Agreement is a binding legal agreement between you and MunichParis Studio. Purchase, installation or use of any WordPress themes provided on MunichParisStudio signifies that you have read, understood, and agreed to be bound by the terms outlined below.

1. THEME LICENSING & USE

All MunichParis WordPress themes are licensed under the GNU GPLv2 or later.  You have the right to use each purchased MunichParis Studio theme on multiple domains for private and commercial use. You are authorised to make any necessary modification(s) to MunichParis Studio themes to suit your needs. If you decide to make changes on your own behalf we do not longer guarantee it’s proper function. MunichParis Studio does not stand responsible for any damages you cause on your own behalf with the modified theme.

1.1 LICENSE RESELLING

Reselling the license of any MunichParis Studio Themes is strictly prohibited. We hold the right to cancel any licenses if these terms are breached and behold legal steps against you.

2. THEME UPDATES

All themes are consistently tested and updated to be compatible with the latest stable version of WordPress. However, we can give no guarantee that current versions of MunichParis Themes will be compatible with previous versions of WordPress, or that previous versions of themes will be compatible with the current version of WordPress.

3. THEME DELIVERY

As soon as your payment has fully cleared, you will receive an email containing the theme and the additional Code. Normally we ship in 24 hours if not please contact us through the contact form and we will get in touch immediately.

4. REFUND POLICY

We do not offer refunds. MunichParis Studio is offering non-tangible digital goods, we do not offer refunds for any theme purchase unless a specific agreement was made prior to purchase or if you will absolutely not be able to use the theme you purchased for a specific and valid reason (e.g. some sort of incompatibility).

5. INSTALLATION

MunichParis Studio offers the service to professional install and setup the theme for you. We do not stand responsible for any failure of your own regarding the installation process. Our guides include easy to follow steps and detailed instruction on how to install properly the theme, however the guides are no guarantee for eventual failures of your own during the installation. We highly recommend you to buy our Installation Package if you should not bring the required knowledge for Coding and computer skills.

5.1 REFUND POLICY FOR INSTALLATIONS

We are unable to refund users on installation packages as soon as the installation form has been submitted. Please take time to consider the need for an installation package before you decide to purchase an installation package, remember they can be purchased after the initial theme purchase.

6. HOW LONG ARE INSTALLATION SERVICES VALID FOR

Installation services purchased are valid for 3 months from purchase. Failure to start your process after this period may be subject to repurchase or a new setup fee.

7. WARRANTY

MunichParis WordPress Themes & Blogger Templates are provided “as is” without warranty of any kind, either expressed or implied. In no event shall MunichParis Studio be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use of said products. Some states or jurisdictions do not allow the exclusion of certain warranties. Nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.

8. THEME SUPPORT

MunichParis Studio WordPress themes are provided “as is” with no implied meaning that they will function exactly as you wish or with all 3rd party plugins, components and modules. You acknowledge by your use of the themes that it is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with the themes.

9. BROWSER COMPATIBILITY

MunichParis Studio Themes are tested and optimized for the most common web browsers. Please ensure that the browsers you use will work with the themes as we can not guarantee that our themes will work with all browser combinations.

10. MISCELLANEOUS TERMS

You agree to indemnify and hold MunichParis Studio harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the themes or this website.

Use of the themes and this website shall be governed by and construed in accordance with the internal laws of Germany.

If any provision of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

11. CREDIT/COPYRIGHT

All designs will be installed with our link. These links must remain in place until the design is removed from your blog. Our logo is not intrusive at all as we like to keep the focus on your design however, if you feel strongly about removing it please contact us for the credit removal fee.

 

Custom Made Design – Terms and Conditions of Services

With your purchase of a custom made web design you agree to the special terms of  condition that vary from the standard Terms of Condition.

1. PURCHASE

After agreeing to buy a custom made design you agree to deposit 50% of the amount immediately before we start the development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

2. SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

3. VARIATIONS 

We are pleased to offer you the opportunity to make 2x revisions to the design. Please see and read point 5 here for. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of €100.00 per hour.

4. PROJECT DELAYS AND CLIENT LIABILITIES 

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

5. APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

6. REJECTED WORK 

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

7. PAYMENT

Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.

8. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

9. LICENSING 

Once you have paid us in full for our work we grant to you a license to use the website and its from us coded plugins for the life of the website. You agree give is credit via the

10. SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

11. CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

12. DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of MunichParis Studio under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

13. NON-DISCLOSURE

We agree that we will not at any time disclose any of your confidential information to any third party.

14. ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

15. BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

16. GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Germany. You and MunichParis Studio submit to the non-exclusive jurisdiction of the courts in and of Germany in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

17. CROSS BROWSER COMPATIBILITY

We endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers.

Semi Custom Made Designs

With the purchase of our Semi Custom Made Designs you agree to our Terms and Condition of Services and Use. All points except point five Variations and point Rejection of Work apply. The semi custom design does not include revisions and therefor you will get charged for every request change of the design that differs from the prior agreed design blueprint. Please take your time and tell us what you have in mind for the customisations. Once agreed to all changes we will start the development. Every change after the start of the development will be charged extra.

Blogger’s Club Maintenance Program: Terms of Service

Blogger’s Club is a membership-based maintenance program directed to professional fashion and lifestyle bloggers who want to get help with the tech side of WordPress and blogging, so they can focus solely on creating their content.

The program includes the following services:

Secure Theme, Plugin and WordPress Version Updates

It is important to keep the used theme and all plugins up to date. Whenever the active theme or installed plugins release a new version, we will make a secure update of the theme/plugin. Your website will be checked every day for updates. We can’t fully guarantee theme/plugin compatibility with future versions, but if updates are made regularly no problems should occur.
Whenever a new version of the WordPress Core software (be it security patches or functionality versions) is released, we will make an update to make sure your site always runs the latest WP version.
Before updating themes, plugins or WordPress itself, we will make sure that a backup of your site (including database) is created just in case anything breaks. Should problems occur, we can set your website back to its original state. Please note though that we can’t be made liable for any problems that third-party plugins or services like WordPress create on your site.

Daily Backups (Cloud, Onsite or Offsite)

We will make a daily backup of the whole WordPress site (including your database, themes, plugins and uploads). This can either be stored offsite on your local machine (file will be emailed to you), in a cloud service of your choice (Dropbox, Amazon, etc.) or on the server that also hosts your WordPress website. Backups will be made every day within a chosen timeframe, preferably in the night/morning your time zone. Each week we will also save an extensive backup with all databases, uploads, plugin and theme data on our own server as plan b if something gets lost.
Please note that we can’t be made liable for the loss of backups due to problems at your or our hosting service or other third-party (cloud) services.

Setup of recommended plugins

There are a few plugins that we recommend to everyone starting a WordPress blog. They include anti-spam, caching, SEO and other functionality that can vary from site to site and depends on your preferences. We will set up those plugins and configure them for you. This is an initial service that will be done within the first week of your subscription. All plugins set up by us will be regularly updated and checked for compatibility.

Initial Action Plan (+ Performance Optimization)

After your subscription to our Blogger Club we will have a close look at your website, identify technical strengths and weaknesses and come up with an individual action plan to make more of your current WordPress installation. This could include plugin optimization, decluttering options, recommendations regarding SEO or security and also a performance optimization sheet to help you boost your site’s speed and overall performance.
You will receive your individual action plan within one week of your subscription starting.

24/7 Security Monitoring

Security is a big thing with WordPress and it’s your duty as a blogger to take care of it. Our Blogger’s Club service includes a 24/7 security monitoring of your site. We will check for vulnerabilities, malware and potentially harmful plugins or third-party services. Should a security incident occur, we will inform you immediately (within the next 12 hours), so you can take action against it.
Removing malware code or identifying the harmful resources is not included in this service, but we are happy to take care of the problem for you for a separate quote.

Access to exclusive resources and community (Coming soon)

As a member in our Blogger’s club you will have access to our restricted members area and exclusive resources about blogging, building a business and growing your reach. This includes but is not limited to step by step action plans, social media strategy tips and much more. As we just started this service but hope to grow into a valuable community full of likeminded bloggers and small business owners soon, we will offer a Slack community channel once there are enough members.

Further help and technical support

Apart from the services listed above, no further technical or strategic blog, theme, plugin or WordPress support is included in this package. We are happy to help you with individual WordPress problems, tech questions or programming issues at a reduced rate of 49€/hour exclusively for our Blogger’s Club members.
All members will also receive a discount of 20% for our 1-on-1 WordPress coaching calls.

Fees, payment and membership duration

The club membership costs a fee of 49€ per month, paid either by recurring invoices or Paypal. You have the option to pay for a year in advance which leads to a reduced fee of 539€ (save 5€ per month).
To ensure that our help is really of use for you, the membership has a minimum duration of six months. After the end of this period you can cancel your subscription every month. Please let us know that you want to end your membership at least two weeks before the next month starts.