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SITECARE MASTER TERMS & CONDITIONS
Last Updated: April 18, 2025
Effective Date: July 1, 2025
These Master Terms & Conditions (“Terms”) are hereby incorporated into, and shall be deemed an integral part of, each service agreement, proposal, quote, or statement of work (each, a “Service Agreement”) executed by and between SiteCare, LLC, a Georgia limited liability company (“SiteCare,” “we,” “us,” or “our”), and the respective client or customer (“Customer” or “you”). These Terms govern all services provided by SiteCare to Customer (the “Services”), and shall prevail over any conflicting or inconsistent provisions in any Service Agreement unless the Service Agreement expressly states that it shall supersede these Terms with respect to a specific provision.
1. DEFINED TERMS
“Services” means the website support, maintenance, optimization, consulting, development, hosting management, accessibility, or related services provided by SiteCare pursuant to a Service Agreement.
“Service Term” means the period during which SiteCare is obligated to deliver Services under an applicable Service Agreement, beginning on the effective date of such agreement and continuing through its stated expiration or renewal period.
“Work Product” means any original, custom deliverables created specifically for Customer by SiteCare under a Service Agreement, excluding SiteCare Elements and Third-Party Materials.
“SiteCare Elements” means any pre-existing or independently developed tools, templates, code, libraries, scripts, or intellectual property owned by SiteCare that may be integrated into the Work Product or used in the performance of the Services.
“Third-Party Materials” means any content, code, software, tools, or components provided or licensed by a third party and used in connection with the Services or the Work Product.
“Customer Content” means any text, images, code, media, data, branding, trademarks, or other materials provided by or on behalf of Customer for use in connection with the Services or the Work Product.
“Guaranteed Uptime Customers” means Customers enrolled in a Gold, Platinum, or Diamond Medallion-tier plan who utilize both SiteCare-managed hosting and SiteCare-managed Cloudflare configurations.
“Medallion-tier Plan” means any current SiteCare service plan designated as Silver, Gold, Platinum, or Diamond, as described on SiteCare’s website or in the applicable Service Agreement.
2. SCOPE OF SERVICES
SiteCare shall provide the Services described in the applicable Service Agreement or Quote, subject to the conditions set forth therein and herein. Any additional work, whether as part of a new engagement or as a modification to an existing scope of Services, may be proposed through a new or supplemental Quote. SiteCare may, at its sole discretion, issue such a Quote in response to a Customer request or a change in project requirements. The parties shall negotiate in good faith regarding the Quote; however, SiteCare reserves the right to decline any work it reasonably deems commercially impracticable, legally impermissible, or otherwise prejudicial to operational integrity. Quotes not expressly accepted in writing by Customer within seven (7) calendar days of receipt shall be deemed withdrawn. SiteCare shall be under no obligation to perform any Services not expressly accepted in writing in accordance with this provision.
Certain Medallion-tier plans include a fixed number of monthly content edits or quick fixes. A “quick fix” refers to a website task that takes fifteen (15) minutes or less to complete, including basic content changes, formatting, or minor display adjustments. SiteCare reserves the right to defer or quote separately for larger requests.
3. ACCESSIBILITY AND COMPLIANCE SERVICES
Customers enrolled in a Platinum and Diamond Medallion-tier plan shall receive technical accessibility remediation support to assist in achieving conformance with WCAG 2.1 Level AA guidelines.
SiteCare offers an accessibility guarantee of up to $10,000 in legal cost coverage per Customer per year in the event of a valid digital accessibility claim, provided that (a) Customer maintains an active Platinum or Diamond Medallion-tier subscription, (b) the Customer’s site is hosted and actively maintained by SiteCare, and (c) the Customer has fully implemented all recommended accessibility remediations as advised by SiteCare within the preceding twelve (12) months. This guarantee does not apply to claims arising from content, features, or changes introduced by the Customer without prior consultation with SiteCare.
4. HOSTING MANAGEMENT
SiteCare renders hosting management services either as a reseller of third-party hosting infrastructure (where Customer remits payment directly to SiteCare), or as an administrator of Customer’s separately contracted third-party hosting accounts (collectively, the “Hosting Services”). All Hosting Services are governed by these Terms, SiteCare’s Acceptable Use Policy (“AUP”), accessible at https://sitecare.com/legal/, and the applicable third-party hosting provider’s terms and conditions.
For some plans, SiteCare performs automated plugin updates for qualifying plugins. However, plugins supporting eCommerce, membership functionality, forums, or WordPress multisite environments are excluded from automated updates due to their potential complexity. Updates to such plugins may require a Gold, Platinum or Diamond SiteCare Medallion plan, staging environment testing and may incur additional fees under a separate Quote.
To qualify for performance and uptime guarantees, Customer must utilize both SiteCare-managed hosting and SiteCare-managed Cloudflare configurations. Customers using self-managed or third-party Cloudflare accounts may not be eligible for uptime guarantees or Core Web Vitals service credits.
Customers enrolled in Gold, Platinum, or Diamond Medallion-tier plans who utilize both SiteCare-designated hosting and SiteCare-managed Cloudflare services (“Guaranteed Uptime Customers”) are eligible for a 100% uptime guarantee. In the event of noncompliance with this guarantee, such Customer may request a service credit equivalent to one month of fees for the applicable Gold, Platinum, or Diamond Medallion-level plan for the impacted domain, subject to limitations. This guarantee does not apply to scheduled or emergency maintenance, force majeure occurrences, misconfigurations or negligence attributable to Customer or third parties, or downtime resulting from unapproved or unsupported content, code, or third-party plugins. All other Customers receive Hosting Services “as is,” without uptime guarantees, and SiteCare disclaims any liability for interruptions beyond its reasonable control.
SiteCare includes website restorations and malware cleanup at no additional charge for Customers enrolled in Medallion-tier plans. Requests to restore or recover content from sites not on a Medallion-tier plan with SiteCare may incur additional fees.
SiteCare may enable real-time remote backups as part of its Hosting Services. Backups are intended for recovery purposes and do not replace formal version control or content archiving solutions. SiteCare retains backup data for a rolling period not to exceed ninety (90) days unless otherwise agreed in writing.
5. HOSTING SERVICE LEVEL AGREEMENT (SLA)
SiteCare’s onboarding process includes a proprietary multi-point diagnostic review to identify areas of improvement for performance, security, accessibility, and Core Web Vitals readiness. Eligibility for certain performance guarantees may be contingent upon completion and implementation of findings from this diagnostic review.
SiteCare shall exert commercially reasonable efforts to ensure the continued availability and performance of web and email Services. Customers qualifying under Section 2 may request a one-month credit equal to the fees for the applicable Gold, Platinum, or Diamond Medallion-level plan if “good” Core Web Vitals scores are not achieved within ninety (90) days from either the effective date of the applicable Service Agreement or ninety (90) days after written notification of degradation, provided such degradation is not attributable to Customer-provided content or unauthorized third-party interventions. “Good” Core Web Vitals scores shall be determined based on data available in Google Search Console using the default property configuration, unless otherwise agreed in writing.
To be eligible for any credit under this SLA, Customer must submit a written request to SiteCare within thirty (30) days of the relevant downtime event or performance issue. In no event shall more than one credit be issued per calendar month, and no more than six credits shall be granted in any rolling twelve-month period. Credits will not be issued for planned outages or Customer-induced performance degradation. Credits represent the Customer’s sole and exclusive remedy for unplanned service interruptions or Core Web Vitals deficiencies.
SiteCare may rely upon software, platforms, or infrastructure provided by independent third-party vendors (“Third-Party Services”). SiteCare makes no representations or warranties regarding the availability, security, or performance of Third-Party Services and shall not be liable for any unavailability, data loss, breach, corruption, or cost escalation attributable to such services. Customers are responsible for securing necessary licenses post-termination.
6. PAID ADVERTISING SERVICES
If Customer engages SiteCare for paid advertising services (including but not limited to management of Google Ads, Bing Ads, Meta (Facebook/Instagram) Ads, or similar platforms), the following terms shall apply:
6.1 Ad Spend Responsibility: Customer may elect to have SiteCare manage advertising spend directly or may pay the ad platforms using their own payment method. If SiteCare prepays advertising costs on behalf of Customer, Customer shall reimburse all such amounts in full upon the issuance of an invoice. Advertising costs are billed separately from SiteCare’s service fees and are non-refundable. If SiteCare pays these costs on Customer’s behalf, Customer is responsible for full reimbursement, regardless of campaign performance.
6.2 Ad Account Access and Ownership: Customer may grant SiteCare administrative access to existing advertising accounts or authorize SiteCare to create new accounts. Unless otherwise agreed in writing, Customer retains ownership of all advertising accounts and campaigns and may retain them following termination of Services.
6.3 Creative Assets and Work Product: SiteCare may develop ad copy, creative, or landing pages as part of its Services. Customer may also provide its own assets. Unless otherwise agreed in writing, Customer shall retain ownership of all such materials. Customer grants SiteCare a non-exclusive, royalty-free license to use, modify, and distribute any Customer-provided materials as necessary to perform the Services.
6.4 No Performance Guarantee: SiteCare makes no representations, warranties, or guarantees regarding the results of any advertising campaigns, including but not limited to lead volume, return on ad spend (ROAS), impressions, conversions, or cost-per-click (CPC). All advertising outcomes are subject to market variables, platform algorithms, and other external factors beyond SiteCare’s control.
6.5 Compliance and Indemnification: Customer is solely responsible for the legality, accuracy, and compliance of all ad content and targeting criteria. SiteCare shall make reasonable efforts to resolve disapproved ads and notify Customer of any trademark claims or violations. Customer agrees to indemnify, defend, and hold harmless SiteCare from any claims, liabilities, fines, penalties, or damages arising out of or related to the content or configuration of Customer’s advertising campaigns.
7. BILLING & PAYMENT
SiteCare offers a 30-day money-back guarantee for new Customers who cancel Services within the first thirty (30) calendar days following the commencement of their initial Service Term. To be eligible for a refund, the Customer must complete and submit SiteCare’s official cancellation request form within the 30-day period. This guarantee does not apply to renewals, upgrades, or Customers who have previously received Services from SiteCare.
All fees and charges for the Services shall be payable in United States Dollars (USD) and shall be invoiced in accordance with the terms set forth in the applicable Service Agreement. Unless expressly stated otherwise, recurring fees shall be due and payable upon the issuance of an invoice. SiteCare reserves the right to modify its pricing upon not less than thirty (30) days’ prior written notice to Customer. Invoices issued by SiteCare shall be deemed accurate and accepted unless objected to in writing by Customer within thirty (30) calendar days of the invoice date. A surcharge equal to three percent (3%) of the invoiced amount shall apply to all payments made via credit card. This surcharge shall not apply where prohibited by law.
Customers who prepay for an annual subscription to a qualifying Silver, Gold, Platinum, or Diamond Medallion-tier plan shall be entitled to discount on the published SiteCare Medallion plan service rate. This discount shall apply only if full payment is received prior to the renewal of the Service Term. This discount provision supplements SiteCare’s standard billing policies and applies solely to annual prepayments.
In the event that any payment tendered by Customer is returned, declined, or otherwise unsuccessful due to insufficient funds or other banking error, Customer shall remit to SiteCare a returned payment fee in the amount of thirty-five dollars ($35.00). Any payment not received and cleared within five (5) business days of the due date shall be deemed a failed payment. SiteCare reserves the right to suspend Services upon the occurrence of a failed payment, in accordance with the terms set forth in Section 6 herein, if payment in full is not received within thirty (30) days of the due date.
Except as expressly stated in these Terms, all fees paid to SiteCare are non-refundable. Annual subscription plans are billed in advance and are typically non-cancellable and non-refundable for the full duration of the Service Term. However, Customers with annual subscriptions renewing before July 1, 2025, may request a prorated refund for unused time if cancellation occurs in advance of the renewal date. Approval of such refunds is at SiteCare’s sole discretion and must be requested in writing.
For subscriptions renewing on or after July 1, 2025, no refunds or cancellations will be granted for any portion of the renewed term, regardless of whether the Services are used. It is the Customer’s responsibility to cancel in advance of renewal. Failure to complete SiteCare’s official cancellation process will not entitle the Customer to a refund.
All recurring Services automatically renew unless cancelled in writing prior to the renewal date. Cancellations must be submitted through SiteCare’s official cancellation form, available at https://sitecare.com/cancel.
Customers on legacy plans not included in SiteCare’s Medallion-tier offering may not be eligible for performance guarantees, accessibility coverage, or other benefits included in these Terms. Such Customers are supported on an “as is” basis unless otherwise specified in writing.
Customers on Gold, Platinum and Diamond-tier plans may purchase prepaid support bundles at a discounted hourly rate, as specified in the applicable Quote. Prepaid hours must be used within twelve (12) months of purchase and are non-refundable. All usage will be tracked by SiteCare and is subject to the same terms applicable to time-and-materials service delivery.
8. INTELLECTUAL PROPERTY
Upon full and final payment, SiteCare hereby assigns to Customer all rights, title, and interest in and to the original, custom deliverables specifically created for Customer under a Service Agreement or Quote (“Work Product”), excluding SiteCare Elements and Third-Party Materials. Customer may modify, enhance, or create derivative works based on the Work Product for its internal business use.
“SiteCare Elements” shall mean any pre-existing or independently developed tools, code, libraries, templates, processes, or other intellectual property owned by SiteCare; any modifications or enhancements thereto; and any reusable deliverables not exclusively tailored to Customer. All rights in such Elements shall remain vested solely in SiteCare. Upon full payment, Customer is granted a non-exclusive, non-transferable, non-sublicensable license to use the Elements only as integrated into the Work Product. This license does not include rights to updates, bug fixes, or support unless expressly included in a Service Agreement.
Third-party content, tools, or services (“Third-Party Materials”) incorporated into the Work Product shall be subject to the respective third party’s licensing terms. Customer’s use of such materials must comply strictly with those terms.
Customer shall not disassemble, reverse engineer, sublicense, resell, or commercially exploit SiteCare Elements independently of the delivered Work Product.
9. TERMINATION, CANCELLATION AND DEFAULT
9.1. Customer Default
A material breach and default by Customer shall be deemed to have occurred upon any of the following: (a) failure to remit undisputed payments within the agreed timeframe; (b) breach of any material provision of these Terms or an applicable Service Agreement, uncured within the specified cure period (if any); (c) procurement or attempted procurement of Services through fraud, misrepresentation, or unauthorized access; (d) conduct that materially disrupts or interferes with SiteCare’s operations, personnel, infrastructure, or other clients; or (e) failure to follow SiteCare’s required cancellation procedures or any attempt to circumvent established termination protocols.
9.2. SiteCare Remedies
In the event of Customer default, SiteCare may, upon not less than ten (10) days’ written notice: (a) suspend the provision of all or part of the Services; and (b) if the default remains uncured after the notice period, terminate any applicable Service Agreement effective immediately.
As a condition of service resumption, SiteCare may require: (i) payment of all past due amounts; and (ii) payment of a reasonable reactivation or reinstatement fee, determined at SiteCare’s sole discretion.
9.3. Termination by SiteCare
SiteCare may terminate any Service Agreement with thirty (30) days’ prior written notice to Customer. Termination shall be effective upon expiration of the notice period.
9.4. Termination by Customer
Customer may terminate recurring Services by submitting SiteCare’s Cancellation Request Form. Termination becomes effective only upon SiteCare’s receipt of both the completed form and any outstanding balances. Prepaid fees, including annual plans, are non-refundable and not subject to proration, except where explicitly stated in these Terms or as required by law. Customers are encouraged to contact SiteCare prior to renewal to confirm plan status and cancellation deadlines.
Discontinuing use of the Services, including transferring a domain or engaging a third-party provider, does not constitute valid termination. To cancel, Customer must submit SiteCare’s official Cancellation Request Form and receive confirmation of its receipt. Until this process is completed, the Customer remains liable for all applicable fees under the active Service Term.
9.5. Data and Service Deletion
All Services, including associated reports, emails, configurations, and hosted content, will be permanently deleted and unrecoverable on the effective termination date. Customer is solely responsible for exporting any necessary data prior to account closure. SiteCare is under no obligation to retain or recover Customer data beyond that point.
9.6. Domain Management and Transfers
If SiteCare has registered domains on behalf of Customer, the following applies: (a) Customer must initiate transfer to another registrar within thirty (30) days of submitting the Cancellation Request Form; (b) SiteCare will issue transfer authorization codes upon request following form submission; (c) SiteCare will not issue renewal invoices or receipts for such domains after cancellation; and (d) Any domains not transferred within thirty (30) days of cancellation may be subject to release, expiration, or reassignment at SiteCare’s discretion. SiteCare shall not be responsible for renewing, retaining, or recovering domains after this period, and Customer assumes all risk of loss or forfeiture.
9.7. Service Compatibility and Warranties Post-Cancellation
SiteCare makes no representation or warranty as to the functionality, compatibility, or transferability of any Product, image license, software license, or third-party tool following termination or transition to another provider.
9.8. Performance Disclaimer
The Customer acknowledges that cancellation of a Gold, Platinum, or Diamond Medallion-tier plan may result in reduced site performance, including potential changes to speed, stability, or Core Web Vitals metrics, particularly if technical optimizations are no longer maintained.
10. LIMITATIONS OF LIABILITY AND WARRANTIES
To the maximum extent permitted by applicable law, in no event shall either party be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including without limitation, lost profits, loss of data, or interruption of business, arising out of or related to the Services, whether based on breach of contract, tort (including negligence), or otherwise, even if such party has been advised of the possibility of such damages. SiteCare’s total cumulative liability under these Terms and any related Service Agreement shall not exceed the total amount of fees paid by Customer to SiteCare during the twelve (12) month period immediately preceding the event giving rise to the claim. The foregoing limitations shall not apply to Customer’s indemnification obligations or breaches of confidentiality. Except as expressly set forth in a written agreement signed by SiteCare, the Services and all associated deliverables, materials, and third-party components are provided “as is” and “as available” without any warranty of any kind, express or implied. SiteCare hereby disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising from a course of dealing, course of performance, or usage in trade.
11. CUSTOMER OBLIGATIONS
Customer represents and warrants that it owns or has obtained all necessary rights, licenses, and permissions for all content, data, and materials provided to SiteCare in connection with the Services (“Customer Content”). Customer Content shall not violate the intellectual property rights or proprietary rights of any third party, and shall comply with all applicable laws and regulations. Customer grants to SiteCare a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, and display the Customer Content solely to the extent necessary to perform the Services. Customer acknowledges and agrees that it remains solely responsible for the accuracy, quality, legality, and appropriateness of all Customer Content. Customer shall maintain reasonable security practices to protect login credentials and access credentials shared with SiteCare. SiteCare shall not be responsible for any delays, disruptions, or failures in performance resulting from Customer’s failure to timely provide necessary content, access, feedback, or approvals. SiteCare’s performance timelines shall be extended day-for-day for any delays caused by Customer.
Customer shall maintain active, valid licenses for all themes and plugins installed on Customer’s websites, including both production and staging environments. Customer shall promptly provide SiteCare with all necessary license keys upon request, and in any event, no later than fifteen (15) days following SiteCare’s written request or prior to the expiration of the applicable license term, whichever occurs first.
In the event Customer fails to timely provide a valid license key, SiteCare may, but is not obligated to, purchase the required license on Customer’s behalf. SiteCare shall invoice Customer for the actual cost of the license plus a reasonable administrative fee, not to exceed fifty percent (50%) of the license cost, to cover procurement and handling. Customers may avoid this fee by providing valid license keys promptly upon request.. All license keys procured by SiteCare under this clause shall be non-transferable, and Customer acknowledges that ownership of such keys shall remain with SiteCare. Customer remains responsible for all invoiced amounts under this provision in accordance with the billing and payment policies set forth in these Terms.
12. INDEMNIFICATION
Customer shall indemnify, defend, and hold harmless SiteCare, its affiliates, and their respective directors, officers, employees, contractors, and agents from and against any and all claims, actions, proceedings, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) any breach by Customer of these Terms or any Service Agreement, (b) any claim that Customer Content infringes, misappropriates, or otherwise violates the intellectual property rights or proprietary rights of any third party, (c) Customer’s use or misuse of the Services in a manner that violates applicable law, and (d) any gross negligence, fraud, or willful misconduct by Customer. SiteCare shall indemnify Customer against third-party claims alleging that SiteCare-created Work Product directly infringes valid intellectual property rights, provided Customer uses such Work Product as delivered and in accordance with these Terms. SiteCare reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Customer hereunder, in which case Customer shall cooperate fully with SiteCare in asserting any available defenses.
13. ONBOARDING DIAGNOSTIC REVIEW
SiteCare shall perform a comprehensive multi-point diagnostic review as part of the onboarding process for new customers enrolled in a Silver, Gold, Platinum, or Diamond Medallion-tier plan. This diagnostic review includes, but is not limited to, performance benchmarking, plugin audits, backup verifications, security scans, theme and core version validation, analytics integration checks, and Core Web Vitals performance scoring. The diagnostic review is intended to ensure optimal configuration and readiness for active service delivery. Completion of the diagnostic review may require administrative access to Customer’s WordPress installation, hosting account, and related third-party services.
14. AVAILABILITY OF SUPPORT SERVICES
SiteCare provides 24/7 monitoring of hosting infrastructure and automated security alerts. SiteCare’s live receptionist service is available 24/7 for urgent inquiries; however, access to account managers, developers, and technical support engineers is available only during SiteCare’s standard business hours, defined as 9:00 AM to 5:00 PM Eastern Time, Monday through Friday, excluding U.S. holidays.
15. SERVICE GUARANTEES
15.1 Uptime Guarantee
Guaranteed Uptime Customers, as defined in Section 1, are eligible for a 100% uptime guarantee. In the event of noncompliance with this guarantee, the Customer may request a service credit equivalent to one month of fees for the applicable Medallion-tier plan for the impacted domain, subject to limitations. This guarantee does not apply to scheduled or emergency maintenance, force majeure occurrences, misconfigurations or negligence attributable to Customer or third parties, or downtime resulting from unapproved or unsupported content, code, or third-party plugins.
15.2 Core Web Vitals Guarantee
SiteCare shall use commercially reasonable efforts to help eligible websites achieve “good” Core Web Vitals scores, as defined by Google Search Console metrics. This guarantee is limited to technical optimization and does not guarantee changes in organic search ranking, SEO performance, or web traffic.
SiteCare shall exert commercially reasonable efforts to ensure qualifying websites achieve “good” Core Web Vitals scores within ninety (90) days of service start or within ninety (90) days of written notification of degradation. Scores will be based on Google Search Console metrics. Service credits may apply subject to eligibility and limits described in Section 3\.
The Core Web Vitals guarantee applies to a defined number of individual web pages per eligible domain: up to twenty (20) pages for Gold Medallion-tier plans, and up to seventy-five (75) pages for Platinum Medallion-tier plans. Additional page coverage may be negotiated under a Diamond Medallion-tier plan or through a custom Quote. SiteCare will collaborate with Customer to prioritize which pages are eligible for optimization under this guarantee.
15.3 30-Day Money-Back Guarantee
New Customers may request a full refund if Services are cancelled within thirty (30) calendar days of the start of the initial Service Term. To qualify, Customer must submit SiteCare’s official cancellation request form within the 30-day period. This guarantee excludes renewals, upgrades, and returning Customers.
15.4 Accessibility Guarantee
Customers enrolled in a Platinum or Diamond Medallion-tier plan are eligible for SiteCare’s accessibility guarantee, offering up to $10,000 in legal cost coverage for validated accessibility-related claims, as detailed in Section 12.
15.5 Email Delivery Services Guarantee
SiteCare may configure or monitor email delivery systems such as SendGrid to improve transactional email performance. Customer acknowledges that SiteCare is not responsible for outages, blacklisting, or delivery delays attributable to third-party email providers, DNS records, or configuration conflicts outside SiteCare’s control.
16. FAIR USE POLICY
To ensure consistent service quality and equitable access to support resources for all Customers, SiteCare enforces a Fair Use Policy across all subscription plans that include ongoing support, quick fixes, or maintenance services.
This policy is intended to prevent overutilization by any individual Customer that may impair SiteCare’s ability to deliver timely and effective Services to others. It applies to any inclusive or bundled service components, including but not limited to: content edits, plugin updates, quick fixes, development tasks, consulting time, or diagnostic reviews.
16.1 Scope of Fair Use
“Fair Use” shall be determined by SiteCare in its sole discretion, based on typical usage patterns observed across similarly situated Customers and plan levels. In general, Fair Use includes: (a) Requests that fall within the task limits, time thresholds, or scope defined for the applicable Service Plan; (b) Tasks that are reasonably consolidated, clearly documented, and align with the intended purpose of the Services; and (c) Responsiveness by the Customer to requests for clarification, access, or approvals necessary to fulfill the task.
16.2 Excessive or Unreasonable Use
The following behaviors may constitute excessive or unreasonable use: (a) Submitting a high volume of tasks that significantly exceeds the average usage for the applicable plan tier; (b) Requesting tasks that require extensive investigation, testing, or development beyond the intended scope of inclusive services; (c) Repeatedly submitting overlapping, fragmented, or redundant requests that prevent efficient task batching or resolution; (d) Using the Services for continuous project-based development or consulting that would more appropriately be billed under a separate Statement of Work.
16.3 Enforcement
If SiteCare determines that a Customer’s use of Services materially exceeds Fair Use, SiteCare reserves the right to: (a) Defer or limit the fulfillment of additional requests until a subsequent billing cycle; (b) Require the purchase of additional hours, a prepaid support bundle, or an upgraded plan; (c) Issue a formal notice outlining the nature of the overuse and recommending corrective action; (d) Suspend or terminate Services if misuse persists following written notice, in accordance with Section 9\.
SiteCare shall make reasonable efforts to communicate with the Customer before enforcing restrictions under this policy. The Fair Use Policy shall not be interpreted to limit SiteCare’s rights under any other provision of these Terms.
17. GENERAL PROVISIONS
Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms or any applicable Service Agreement if such failure or delay is caused by or results from events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, civil disturbances, embargoes, government actions or regulations, widespread Internet or power outages, or failures of third-party service providers (each, a “Force Majeure Event”). The affected party shall provide prompt written notice to the other party of the existence of the Force Majeure Event and shall use commercially reasonable efforts to resume performance as soon as practicable. During the pendency of a Force Majeure Event, SiteCare shall not be held liable for any loss of data, service degradation, delay, unavailability, or security breach resulting from such Force Majeure Event. If a Force Majeure Event continues for a period exceeding thirty (30) consecutive days, either party may terminate the affected Services upon written notice to the other party, without further liability.
These Terms and all Service Agreements shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms shall be resolved exclusively in the Superior Courts of Troup County, Georgia, or in the United States District Court for the Middle District of Georgia, Columbus Division, to the extent federal jurisdiction exists. The parties irrevocably submit to the personal jurisdiction of such courts., and the parties irrevocably submit to the personal jurisdiction of such courts. The prevailing party in any legal proceeding shall be entitled to recover its reasonable attorneys’ fees and costs. Before initiating legal proceedings, the parties shall engage in good faith discussions to resolve any dispute. If the dispute is not resolved within thirty (30) days, either party may initiate litigation as provided herein.
Customer grants SiteCare the right to include Customer’s name, logo, and general project descriptions in its marketing materials, case studies, and client lists, both online and in print. Customer may opt out of this usage at any time by providing written notice to SiteCare.
Due to service capacity limitations, availability of certain SiteCare Medallion-tier plans may be subject to waitlist or review. Placement on a waitlist does not guarantee acceptance or a specific start date. SiteCare reserves the right to prioritize onboarding at its sole discretion based on internal capacity, business fit, or platform readiness.
Customer may not assign its rights or delegate its obligations under these Terms or any Service Agreement without SiteCare’s prior written consent, and any purported assignment without such consent shall be null and void. SiteCare may assign these Terms and delegate its obligations to any affiliate, successor, or acquirer of its business or assets. No waiver of any term or condition shall be deemed a waiver of any subsequent breach, and any waiver must be in writing and signed by the waiving party. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remainder of these Terms shall remain in full force and effect. All notices required under these Terms shall be delivered via email to the email addresses provided by the parties, and shall be deemed effective upon transmission, unless returned as undeliverable. Each party is responsible for maintaining current and accurate contact information. The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to those relating to intellectual property, indemnification, disclaimers, limitations of liability, governing law, and payment obligations. These Terms, together with any associated Service Agreement, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, proposals, representations, and understandings. Any modifications or amendments must be in writing and executed by authorized representatives of both parties.
Last Updated: April 18, 2025
