Wicked Plum Terms of Service
These terms are specific to users coming on board after January 1, 2011.
General Notices and Terms
Wicked Plum shops is a product of Braindouche (BD). By purchasing this product, you grant BD and its assignors a non-exclusive, worldwide, royalty-free license to display, transmit, and reproduce your shop name, logo, and website in connection with BD’s execution of this agreement and/or for marketing purposes. All services provided by BD in association with the Wicked Plum product are subject to the terms and conditions contained herein.
Terms and Pricing
The Wicked Plum shop package is $29/month if month-to-month or $290 if paid a year in advance, plus a free domain registration or transfer. That price includes setup, email, hosting, unlimited support via email/Twitter, the works – nothing hidden, no other charges unless you decide you want a special service, like a custom design or having us import all your items for you. Once you lock in at that rate, you get to keep that price as long as you have your shop.
Whether you choose to pay on a month-to-month basis or annually, your first payment will be due before your website is made publicly accessible or is editable by you. Subsequent invoices are due upon receipt. If an invoice is not paid within ten business days of the invoice date, BD reserves the right to temporarily remove your shop from the server until your account is current. If an invoice is not paid within thirty days of the invoice date, your shop will be permanently closed and this agreement terminated.
Domain Registration, Hosting and Technical Support
Hosting will be provided through a third-party vendor. While the vendor makes every attempt to provide hosting and email services on an ongoing basis in line with their 100% uptime guarantee, the service may be periodically unavailable due to hardware failures, natural disasters, or other causes beyond their control. If the service becomes unavailable, you may contact BD to request a partial refund of your monthly or annual package fee. Refunds will be granted for service outages only on a pro rata basis. No refunds will be given for site downtime due to scheduled maintenance.
Storage is limited to one gigabyte of data. Data in excess of this amount may incur additional fees. Users are eligible for a free domain name transfer or free registration of a publicly available, non-premium domain name, to be registered, held, and managed by Braindouche. You retain the rights to the domain name and may take it with you if you decide to terminate your Wicked Plum service.
Software, Design, and Access
Both the month-to-month and annual plans include access to the Wicked Plum shop software on the BD servers and use of your choice of any of the free pre-designed templates available here. Access both the design and the software ends upon termination of this agreement. No custom design or development work is included with any of the plans. Braindouche retains the copyright on all website designs provided free of charge with any Wicked Plum package.
No FTP access or access to design elements, underlying CSS/PHP/XHTML, or Wicked Plum shop or inventory management code is granted with any of the currently available Wicked Plum packages.
Email
Two domain-based email accounts (webmail, POP, or forwarding) will be provided. Webmail and POP accounts are limited to 100 megabytes of storage. (This does not count toward the 1GB website storage limit.)
Site Maintenance
Upgrades and site maintenance may occasionally require your shop to be unavailable for a short period of time. Whenever possible, you will be notified of this maintenance at least 48 hours in advance. Advance notice may not be possible in the event emergency maintenance or security patches are required.
Content and Liability
Wicked Plum packages do not include content, data entry, or data import for items, blogs, or other content; ongoing content services; or ongoing item maintenance services. Many of those services are available upon request for an additional fee.
By purchasing and using this product, you guarantee that you own or have permission to use and are fully responsible for all images, elements, and content posted to your site, shop, and blog or transmitted via your domain-based email; agree to comply with any and all applicable local, state, federal, and international laws, government rules, and requirements in regard to your site, shop, and email; and are liable for any and all consequences resulting from unlawful or illegal activity therein.
Compatibility
Wicked Plum shops are guaranteed to be compatible with Microsoft Internet Explorer 7+ and Mozilla Firefox 3.5+. Wherever possible, efforts will be made to ensure compatibility with Google Chrome, Apple Safari, Opera, and Mozilla Gecko/Netscape. No guarantees are made for compatibility with mobile browsers. Internet Explorer versions 6 and prior are not supported.
Search Engine Optimization
Reasonable efforts will be made to optimize Wicked Plum shops for search engine traffic, and additional integrated SEO tools are provided for shop owners. Please note that search engine optimization results are not easily quantifiable and no search engine traffic is guaranteed under the scope of this agreement.
Payment Processing, Checkout, and Security
Secure checkout is provided via integration of Mal’s eCommerce software (Mal’s). A free Mal’s account is required to use Wicked Plum. BD is not responsible for any changes in Mal’s Terms of Service, Mal’s server outages, or breaches of Mal’s secure environment. Should you choose to upgrade to a Mal’s premium account, you are solely responsible for any and all fees.
Wicked Plum/BD does not provide payment processing. You are responsible for obtaining and maintaining a compatible merchant account, such as PayPal or ProPay, and for any and all associated fees. Wicked Plum shops can be used without an associated merchant account; however, check and money order will be the only possible payment options.
Technical Support
When your Wicked Plum shop goes live, you will be provided with a quick-start reference manual outlining the process for item additions, inventory management, category management, adding and editing pages, and blogging within your Wicked Plum shop. Additional documentation will be provided in the form of an online knowledge base and video tutorials, and is always available through email or Twitter support.
Unlimited shop-related technical support requests can be submitted via email to support@wickedplum.com, the support form, or Twitter (@wickedplum). This is a free service; all inquiries will be responded to within one business day.
Emergent shop-related technical support issues should be sent to mer@braindouche.com. Correspondence sent to this address will be responded to within twelve hours. If the emergency is related to hosting, servers, or database issues and could not have been prevented by the user, emergency support will be provided at no charge; emergency support will otherwise be billed at an hourly rate of $125 per hour.
Limitation of Liability
Your use of the Wicked Plum shop software is at your own risk. The product and any associated services are provided on an “as-is” basis without warranties of any kind, expressed or implied. In no event will BD be liable to you our your customers for any lost profits or sales, real or perceived, or incidental, indirect, special, or consequential damages or injury arising out of your use or inability to use the product, failure of product performance, disruption in transmission, or authorized or unauthorized access to any data. Some areas have laws prohibiting these clauses, so this section may not apply to you.
