Terms of service

1. Agreement to these terms

These terms are an agreement between you and Swiss Commerce (“Swiss Commerce”, “Pulse”, “we” or “us”), the company that provides Pulse WordPress maintenance and hosting. They apply when you visit pulsewordpress.com, request a free site health check, or sign up for a plan.

By using our website or signing up for a plan, you confirm that you have read these terms and agree to them. If you are signing up for a business, you confirm that you are allowed to agree on its behalf. If you do not agree, please do not use the service.

2. The service

Pulse provides WordPress maintenance and managed hosting. Depending on your plan, the service includes migration of your existing WordPress site to our hosting on AWS, updates to WordPress core, PHP, plugins, themes and the database, daily backups, malware scanning and cleanup, a firewall, uptime monitoring, Google Analytics and Tag Manager setup, and content changes up to the hours included in your plan.

Pulse works with WordPress sites only. Your plan and its included hours, response times and features are the ones shown on our Pricing page when you sign up, or as agreed with you in writing. Work beyond the hours included in your plan is quoted to you in advance and is not billed without your approval.

The free site health check is provided for information only. It is a point-in-time review, and it does not guarantee that your site is free of problems or vulnerabilities.

3. Plans, billing and renewals

Plans are billed in advance, either monthly or annually, in US dollars. The price is the one shown on our Pricing page, or the price we agreed with you in writing. Annual plans are paid once a year and include two months free; the migration fee is waived on annual plans.

Your plan renews automatically at the end of each billing period until you cancel. You authorise us to charge your chosen payment method for each renewal. If a payment fails, we may contact you to update your details and may suspend the service if the payment is not resolved.

We may change our prices. We will give you at least 30 days’ notice by email before a price change takes effect on your plan. Prices do not include any taxes that apply, which are added where required.

4. 30-day money-back guarantee

If you are not happy within 30 days of your first payment, tell us and we will refund the fees you paid for that first period. To ask for a refund, email [email protected] within the 30 days. Refunds are paid to your original payment method.

The guarantee applies once, to your first plan. It does not apply to separately quoted work such as a website redesign or retargeting campaign, or to any payment after the first 30 days.

5. Cancellation

You can cancel your plan at any time by emailing [email protected]. Cancellation takes effect at the end of the billing period you have already paid for, and your plan will not renew after that.

After the first 30 days we do not provide refunds or credits for part of a billing period, including for an annual plan that you cancel before its year is over, unless the law requires otherwise. Before your plan ends, you can ask us for a copy of your site and its backups, and we will help you move it.

6. Your responsibilities

You agree to:

• give us accurate information about yourself, your business and your site;
• own or have the right to use the site, its content and its domain, and to authorise us to work on them;
• keep any logins and account details you hold secure, and tell us promptly if you think they have been compromised;
• make sure the content on your site is lawful and does not infringe anyone else’s rights; and
• keep your domain name registered and your payment details up to date.

7. Your site and content

You keep ownership of your website, its content, your domain name and your data. We do not claim any rights over them. You give us permission to access, copy, host, modify and back up your site only as needed to provide the service.

When your plan ends, we will provide a copy of your site and its content on request, and help you move it to another host. We may delete your site and backups from our systems after the plan ends, once we have given you a reasonable chance to collect a copy.

Pulse, the Pulse logo and this website are owned by Swiss Commerce. These terms do not give you any rights in them.

8. Hosting, backups and uptime

We take daily backups of your site and monitor its uptime, and we work to keep your site online and secure. We may carry out maintenance that affects availability, and we will try to do it at quiet times and tell you in advance where we can.

No hosting service is uninterrupted or error-free. We do not guarantee any specific uptime percentage or that every problem will be prevented or fixed within a set time, other than any response times stated for your plan. Software updates can occasionally cause problems on a site; backups are taken before updates so that we can restore your site if that happens.

Problems caused by things outside our control, such as your domain registrar, your email provider, third-party plugins or services, or an attack we could not reasonably have prevented, are not a breach of these terms.

9. Acceptable use

You must not use our hosting or services to:

• host or distribute unlawful, fraudulent, defamatory or infringing content, or content that sexually exploits or endangers children;
• send spam, or distribute malware or phishing content;
• attack, probe or overload other systems or our own, or try to get around our security;
• use more than a reasonable share of server resources in a way that affects other customers; or
• do anything that breaks the law or the rules of the networks and services we rely on.

10. Limitation of liability

Nothing in these terms limits liability that cannot be limited by law.

Subject to that, the service is provided “as is”, and we do not promise that it will meet every requirement you have. To the fullest extent the law allows, Swiss Commerce is not liable for indirect or consequential loss, or for loss of profit, revenue, data, business or goodwill, arising out of the service.

To the fullest extent the law allows, our total liability to you for any claim arising out of the service is limited to the fees you paid us in the 12 months before the event that gave rise to the claim.

11. Suspension and termination

We may suspend or end your service if you do not pay, break these terms, or use the service in a way that puts our systems or other customers at risk. Where we reasonably can, we will tell you first and give you a chance to fix the problem.

We may also end the service for other reasons by giving you at least 30 days’ written notice, in which case we will refund any fees you paid for the period after the service ends. Sections of these terms that by their nature should continue, such as those on ownership, liability and governing law, will continue after the service ends.

12. Governing law

These terms are governed by the laws of the State of New York, United States, without regard to its conflict-of-laws rules. Any dispute that cannot be settled between us will be decided in the state or federal courts located in New York, and you and we agree to those courts’ jurisdiction. If you are a consumer, this does not take away any rights you have under the mandatory laws where you live.

13. Changes to these terms

We may update these terms from time to time. When we make a significant change, we will tell you by email or by a notice on this website at least 30 days before it takes effect. The date at the top of this page shows when the terms were last updated. If you keep using the service after a change takes effect, you accept the updated terms. If you do not agree, you can cancel as described above.

14. Contact us

Questions about these terms? Email [email protected] or call 516-368-0201.

Swiss Commerce, 60 Cuttermill Road, Great Neck, NY 11021.

Questions about this page? Call 516-368-0201 or email [email protected].