General Terms and Conditions for Wetail AB
Last updated 2022-01-01
1 Definitions
Producer/Wetail - The legal entity (Wetail AB) that enters into an agreement with the Customer.
Customer - The legal entity that enters into an agreement with Wetail AB.
Agreement - These General Terms and Conditions and any other agreements entered into between the Producer and Wetail in relation to the Service and any Additional Services.
End Customer - The party who purchases products/services from the Customer's webshop.
WordPress - The website publishing tool.
WooCommerce - The basic module of the webshop.
Installation - WordPress and/or WooCommerce installed on a server.
Plugin - Extended functionality for WordPress and WooCommerce.
Additional services - Services that automate e.g. bookkeeping, mail management etc. and are installed as a plugin to WordPress.
Wetail Package - A premium package of services that simplifies and extends WordPress and WooCommerce.
Wetail Page Builder - Simplified graphical administration and management of WordPress and WooCommerce.
2 Contracting parties
The Customer enters into an agreement with Wetail AB ("Producer"), company registration no. 559124-3588. The agreement relates to an e-commerce platform and/or website (the "Service").
3 Approval
Acceptance of this agreement is made by the Customer accepting the agreement by confirming "I have read and accept the terms and conditions of purchase" at the checkout.
3.1 Start date
The contract becomes effective from the date the Customer completes the order at Wetail's cash register.(https://wetail.io/kassan/)
3.2 Commitment period
No commitment period beyond the commenced period is added unless otherwise agreed.
3.3 Demo installation
A demo installation is available to the Customer for at least thirty (30) days after activation of the demo. Subscription is only activated when the Customer has actively chosen to start the service. We reserve the right to deactivate the demo installation after thirty (30) days unless otherwise agreed.
4 Prices
All prices are exclusive of VAT.
4.1 Payment terms
Våra tjänster betalas med kort vi Stripe och betalas i förskott. Kunden väljer debiteringsfrekvens själv vid köptillfället. Avtalet gäller tills kunden säger upp tjänsten på sin kontosida eller att kunden ej lyckas säkerställa betalning i förskott.
4.2 Work outside the contract
Work outside the contract will be charged on an ongoing basis at 1200 SEK/h unless otherwise agreed.
5 The service
The technical platform is based on WordPress as a publishing platform. WordPress is primarily used as an administration tool. Publishing and designing subpages is done with the help of Wetail Page Builder.
5.1 Publishing tools
Wetail Page Builder is a modern and intuitive publishing tool that allows the Customer to publish text, images and functional design elements to enhance the End User's experience of the Service.
5.2 E-commerce tools
For e-commerce installations, the solution relies on WooCommerce open source.
5.3 Design
The Service includes a highly customisable design theme, which the Producer undertakes to maintain and improve according to market needs. The theme is fully customised for Wetail Page Builder and leaves very few limitations on how web pages and web shops can be designed. The producer also assumes responsibility for support related to the improvements of the design theme.
An alternative to the provided design template is to purchase ready-made design templates from third-party developers. These design templates often have ready-made elements that make up the look and feel of the website and web shop, and to some extent the functionality. Therefore, when choosing a third-party design theme, the Producer cannot be responsible for compatibility with e.g. WordPress, WooCommerce or Wetail Page Builder updates. In cases where bugs are found in third party design themes, the Producer will resolve these in consultation with the Customer. This work will be invoiced according to ongoing pricing.
5.4 Google Analytics
Wetail has pre-configured the Customer's installation so that all traffic automatically shows what the Customer's visitors convert. However, the Customer sets up their own Google Analytics account.
5.5 Newsletters
Wetail has pre-configured the Customer's installation so that all emails used on the Customer's mail form are synced to Rule, Mailchimp or other similar service. However, the Customer sets up their own account.
5.6 Ongoing updating and maintenance
Wetail always keeps the core of WordPress, WooCommerce and Wetail Page Builder updated to the latest version for the highest possible security. Before updating, the version is tested with the other plugins included in Wetail's offering.
5.7 Education
Wetail offers its customers a training to manage the system. The training is done at the Producer's premises and takes about 2h. The training session may be shared with other Customers. The offer is valid for three (3) months after the start date. Further training for in-depth knowledge of the system can be ordered separately and invoiced per hour by the Producer.
6 Hosting and operation
Hosting is done in either shared environment, VPS (Virtual Private Server) or on dedicated servers depending on the service. The type of hosting included is specified in each service. The producer is responsible for the operation of the Customer's server and updating the installation of the application website and/or web shop. The operation of the server means that the website is available to visitors and that purchases can be made at the checkout. Should the server stop working, Wetail is responsible for restoring the server to working order as quickly as possible. If the malfunction is due to overloading of own code via e.g. plugin or more visitors than recommended, the customer should upgrade to a larger server as soon as possible.
6.1 Use of the Service
The customer is responsible for the content and use of the website. The Producer is not responsible for what the Customer publishes on its website other than that the content is stored in a secure manner. However, content and use must comply with the rules of our hosting partner.
In short, the Customer or End User may not upload copyrighted material to the server or otherwise violate or incite a violation of the law. The Service may also not be used for the dissemination of spam or used in ways for which the Service was not designed.
6.2 Third-party plugins and integrations
Plugins and integrations that are installed or done from third parties are the strength of WordPress and WooCommerce. As the third-party market consists of approximately 40,000 plugins, there is no way for Wetail to quality assure these. Thus, the producer takes no responsibility if these are installed and somehow cause damage to the customer's website.
Wetail is happy to recommend proven plugins to its customers for extended functionality. Simple support within reasonable limits on how they work is provided at no additional charge. However, the installation of these plugins is at your own risk. Should any compatibility issues arise, Wetail can pursue the matter with third party developers or do the troubleshooting themselves against ongoing billing or as agreed.
6.3 Upgrading or downgrading
It is possible to upgrade as well as downgrade your services. Upgrading or downgrading can be done both at start-up and during ongoing service. If the Customer continuously exceeds the performance of the server, Wetail will recommend an appropriate upgrade to the Customer. Should the Customer refuse an upgrade in this case, Wetail has the right to suspend the Customer from the service.
6.4 Server package
| VPS 1 - Startup | VPS 1 - Plus | VPS 2 - Pro | Custom | |
|---|---|---|---|---|
| Visitors/month | Data transfer 1 TB | Data transfer 2 TB | Data transfer 3 TB | According to offer |
| Software | Apache, Memcached, MySQL, Nginx, PHP FPM, Varnish | Apache, Memcached, MySQL, Nginx, PHP FPM, Varnish | Apache, Memcached, MySQL, Nginx, PHP FPM, Varnish | Apache, Memcached, MySQL, Nginx, PHP FPM, Varnish |
| Storage | 25 GB SSD | 40 GB SSD | 60 GB SSD | According to offer |
| RAM | 1 GB | 2 GB | 4 GB | max 96 GB |
| Processor | 1 Core | 1 Core | 2 Core | max 24 Core |
| PHP | PHP 7.2 | PHP 7.2 | PHP 7.2 | PHP 7.2 |
| Database | Maria DB 10 | Maria DB 10 | Maria DB 10 | Maria DB 10 |
Recommendation
VPS 1: Up to 10 000 visitors per month/ max 500 products
VPS 2: Up to 25 000 visitors per month/ max 2000 products
VPS 3: Up to 50 000 visitors per month
If the installation has multiple languages, currencies, subscription payment or other plugins installed that require more performance, a larger server may be required to make the site feel fast to visitors.
6.5 Technical specifications
Each installation can use up to 10 GB (Gigabyte) of storage space in its basic version. If an installation requires more space, this is ordered separately. Each installation is optimised to receive up to 10,000 visitors/month provided that the visits are evenly distributed (not optimised for so-called "spikes"). Should the need arise beyond this, other solutions can be developed as the need arises, see section Upgrading or downgrading
All installations use a Content Delivery Network (CDN) for faster display of static material such as images etc. Access to GeoIP and dedicated IP address is also included in all installations.
6.6 SSL/https
Let's encrypt SSL certificate is included in the service. Other Certificates are ordered separately and installed by Wetail against a quote.
7 Commitment of the producer
7.1 Installation of the Service
The producer sets up an operational WordPress installation for the Customer that is ready to go and delivered from the first day of the order. If a webshop has been ordered, an operational installation of WooCommerce is also included.
7.2 Security
Wetail is actively working on security issues, which includes updating the WordPress core and WooCommerce as soon as possible after controlled testing. The plugins included in Wetail's core are also updated automatically.
In addition, there is prevention of intrusions and denial of service attacks, as well as regular checking of code uploaded to the servers. Wetail performs routine virus and code checks on Customer installations.
Some plugins are strongly discouraged from running in Wetails environments, as these plugins may contain security holes or malicious code. In addition, some plugins may be so poorly written that they can slow down the capacity of the servers so much that they are not allowed either.
7.3 Drift
Wetail only operates WordPress installations and has dedicated solutions to run and maintain the Customer's website. The software on the servers is continuously updated to offer the highest possible reliability and protection against external influences.
7.4 Backup
The servers are backed up for at least 30 days unless otherwise agreed.
A backup of the installation is made every day. Backups are done daily and a full restore can be done up to a week in advance. If the customer wants help with this, an administrative fee of 500 SEK is charged per restore.
8 Support
Wetail provides support through its case management system via https://wetail.io/support, [email protected] or telephone. Normally a response is received within one (1) business day, but longer cases may require additional time.
Cases requiring the producer to carry out work exceeding 5 minutes are clocked by an automatic timer and invoiced on an ongoing basis. If extended support is required at a reduced price, a service agreement is signed between the Producer and the Customer, which is outside the scope of this agreement.
9 Intellectual property law
The customer owns the installation source code, except for Wetail's packaged services. Graphic profile and/or design supplied by the Customer is always owned by the Customer. If the Producer has produced a graphic profile and/or design, the Producer owns the rights to it before it has been paid in full by the Customer.
10 Termination of service
Tjänsten har ingen bindningstid utöver påbörjad period och kan när som helst sägas upp av kund eller av Wetail. Förskottsbetalning, enligt 4.1 betalningsvillkor, sker månads-, kvartals- eller årsvis och återbetalas ej. Det åligger Kunden att själv hämta hem det material som är viktigt för Kunden. Detta sker för filsystemet genom FTP och för databasen genom phpMyadmin. Vill Kunden få assistans att exportera sin databas och sina filer kan Producenten exportera allt material till en zip-fil som sedan överlämnas till kunden för en engångsavgift på 1000 SEK.
Wetail's packaged service includes some licensed services. These are not included when terminating the service. In order for the website to continue to function in the same way, the Customer is required to pay for these licenses with third parties, and it is up to the Customer to comply with this.
Wetail's own solutions are also not included in the termination of service. These functions are up to the Customer himself to replace with external plug-ins from third party market.
If there is a need to continue using Additional Services, an operating agreement can be concluded for each service.
11 Limitation of liability
In addition to the above, Wetail's liability is further limited as follows:
11.1 Indirect losses
Wetail shall not be liable for any lost profits or other indirect losses such as loss of production, loss of data or the like in the event that the Service or any Ancillary Services connected thereto ceases to function in whole or in part.
11.2 Intrusion on server
Wetail's responsibility extends to thwarting intrusions on our servers and preventing unnecessary computing resources. In the event of a breach, Wetail is not liable for any losses.
11.3 Data loss
Wetail has daily backups of the Customer's data and installations. However, Wetail cannot guarantee that the restoration of this data will always work correctly. Published or created data between backup and downtime can also not be restored by Wetail.
11.4 Liability for damages
The maximum liability that Wetail can be held liable for, unless the damage was caused by intent or gross negligence, is an amount equal to the fee paid by the Customer for the current contract period for the Service or any associated Additional Services.
11.5 Uploaded material
Wetail does not carry out any checks, either routinely or in the form of spot checks, on the Customer's uploaded material. Wetail is therefore not responsible for any material that the Customer has uploaded to the server.
11.6 Use of the Service
Wetail cannot be held responsible for plugins that are not part of Wetail's maintenance or for other external code that in any way prevents the service from functioning as expected. Any measures will be charged on an ongoing basis.
11.7 Malfunctions
In the event of an unplanned outage or other cause that renders the Service or any Additional Services inoperable for more than one (1) day, Wetail's liability shall be limited to the cost of what Wetail charges the Customer for this period until the Service is operational again. If the malfunction is due to planned maintenance work or upgrades to the Service or any Additional Services, Wetail shall not be liable for any costs.
11.8 Swedish law
Wetail assumes no responsibility if the customer uses the service in a way that can be considered to violate Swedish law or does not follow recommendations from the Swedish Complaints Board or similar body.