By subscribing to any hosting or maintenance plan offered by My Custom Software Inc., you (“Client”) agree to the following terms and conditions. These terms are subject to change with 30 days’ notice.
1. Billing & Payment
- All plans are billed automatically on a monthly basis to the credit card on file.
- Payment is due at the beginning of each billing cycle.
- Prices are subject to change with 30 days’ advance notice.
2. Cancellations
- Plans are billed month-to-month unless otherwise stated in a custom agreement.
- Cancellations must be submitted in writing via email to [email protected] with at least 30 days’ notice before the next billing cycle.
- No partial-month refunds will be issued.
3. Support & Response Times
- Support requests are typically responded to within 24 hours, with most non-emergency issues addressed within 2 business hours.
- Support is provided during business hours unless otherwise stated.
- Each plan includes the following monthly support time:
- Essential Plan: Up to 30 minutes/month
- Standard Plan: Up to 1 hour/month
- Premium Plan: Up to 3 hours/month
- Support includes bug fixes, plugin issues, server issues, and minor updates to existing content.
- Requests exceeding the included support time are billed at:
- Essential Plan: $150/hour
- Standard Plan: $125/hour
- Premium Plan: $100/hour
4. Client Communication
- Essential Plan clients receive support via email or ticket system.
- Standard and Premium Plan clients may request direct support via WhatsApp or other preferred channels.
- Turnaround times may vary based on the plan and request volume.
5. Scope of Support
- Support time covers:
- Plugin/theme updates
- Security patches
- Minor content changes
- Uptime and performance monitoring
- The following are not included in support time and are billed separately:
- Major content revisions
- New feature requests
- Page design
- Third-party service integration
- Clients will be notified before any additional billable work is started.
6. Third-Party Expenses
- Fees for premium plugins, themes, CRMs, stock photos, or any third-party services are not included and will be billed separately.
- We may help manage these services but do not control their pricing, reliability, or terms.
7. Backups & Security
- We maintain rolling 30-day offsite backups of your site.
- Daily security scans and firewall protections are included in all plans.
- While we take proactive steps to protect your site, My Custom Software Inc. is not liable for malware, hacks, or data loss caused by third-party services, client modifications, or compromised credentials.
8. Limitation of Liability
To the fullest extent permitted by law, My Custom Software Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, business interruption, or data loss, arising from the use of or inability to use your website or our services.
9. Client Responsibilities
The Client agrees to:
- Keep login credentials secure
- Notify us immediately of any suspected security breach
- Avoid unauthorized site changes that may affect functionality
- Provide timely approvals and access to complete tasks
10. Indemnification
The Client agrees to indemnify and hold harmless My Custom Software Inc. and its employees and contractors from any claims, losses, damages, or liabilities arising from:
- Misuse of the website
- Violation of these terms
- Infringement of third-party rights
11. Intellectual Property
- The Client retains ownership of all content they provide.
- My Custom Software Inc. retains ownership of custom code, tools, and templates unless explicitly transferred.
- The Client receives a non-exclusive license to use site components for their website only.
12. Force Majeure
My Custom Software Inc. is not responsible for delays or service failure due to events beyond our control, including natural disasters, pandemics, internet outages, or third-party service disruptions.
13. Governing Law
This Agreement is governed by the laws of the State of Nevada. Any disputes shall be resolved through binding arbitration in Clark County, Nevada.
If you have questions about these terms, please email [email protected] before signing up or continuing service.
Updated: May 23, 2025