The following outlines the terms of service of the chloédigital subscription service (the “Terms of Service”). Please refer to our Terms of Use page for the terms relating to the use of the chloédigital site (“the Site”). We also would like to draw your attention to our Privacy Policy [https://chloedigital.com/privacy/] in this regard. All three are collectively referred to as the “Agreements”. Please note that all references to chloédigital refer to chloedigital limited.

Prior to use any chloédigital services (as defined and outlined below therein this agreement), you are required to read, understand and accept these terms.

In order to use the chloédigital subscription service, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

Occasionally we may, at our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice (for example by sending you an email.) Your continued use of the Service after the changes have been made will constitute your acceptance of the changes.

Please therefore make sure you read any such notice carefully. If you do not wish to continue using the chloédigital service under the new version of the Agreements, you may terminate the Agreements by contacting us at hello@chloedigital.com

THE MEMBERSHIP

1.1 chloédigital is a service that provides online support with a personal touch to operators of websites within the publishing industry, running on single-site installations of WordPress.org (the “Service” or collectively referred to as the “Services”).
1.2 chloédigital subscribers may purchase the following Subscriptions:

PREMIUM TIER

Premium members are entitled to the following exhaustive list of Services:

  • Uptime Monitoring
  • Secure Offsite Backup
  • Onsite Tech Support (on request)
  • Onsite Bug Fixes (on request)
  • Onsite design tweaks which are defined as the enhancement of an already-existing feature (not a brand new feature or complete redesign of it) (“Design Tweaks”)
  • WordPress Core Updates (on request)
  • Theme & Plugin Updates (on request)
  • Email Advice Updates
  • Discounted Member’s add-ons which are defined as any request whether technical or strategic in nature, that falls outside the scope of any Membership as outlined therein these Terms (“Add Ons”).

VIP TIER

VIP members are entitled to the following exhaustive list of Services:

  • Uptime Monitoring
  • Secure Offsite Backup
  • Onsite Development Bug Fixes
  • Onsite Tech Support
  • Onsite Design Tweaks
  • WordPress Core Updates (on request)
  • Theme & Plugin Updates (on request)
  • Discounted Member’s Add-ons
  • Dedicated Consultant
  • Access to SOS Support
  • 3 Month Strategic Roadmap
  • Custom Analytics Report
  • Monthly Strategy Call

LUXE TIER (INVITE ONLY)

Luxe members are entitled to the following exhaustive list of Services:

  • Uptime Monitoring
  • Secure Offsite Backup
  • Onsite Development Bug Fixes
  • Onsite Tech Support
  • Onsite Design Tweaks
  • WordPress Core Updates (on request)
  • Theme & Plugin Updates (on request)
  • Discounted Member’s Add-ons
  • Dedicated Consultant
  • Access to SOS Support
  • Custom Analytics Report
  • Monthly Strategy Call
  • 12 Month Strategic Roadmap
  • Community Building Plan

Collectively, the foregoing list of services and any other services offered by chloédigital are referred to as the ‘Services’.
Due to the personalised nature of the Service, chloédigital also offer other membership plans on an ad-hoc basis. Upon subscribing to one of our memberships, you will receive exclusive information regarding all Services provided and information to cater to your business needs and goals. The Terms of this agreement will apply to any subscription Services offered on the chloédigital membership. Please note that our calls may be recorded for training purposes. If you have any questions in relation to membership support, please contact us at hello@chloedigital.com for clarification.
1.3 Requests for Services that fall outside of those outlined under any membership will be priced on an ad-hoc basis to be determined by chloédigital. Members acknowledge that any provision of ad-hoc Services will be governed by chloédigitals’ standard terms of service as set out therein.
1.4 Your access to and use of your content platform site may be interrupted from time to time as a result of maintenance or repair or any other reason within or outside the control of chloédigital.

YOUR ACCOUNT.

2.1 When signing up to a chloédigital membership, you are required to provide registration information. We use this information to create an account profile for you on our system which centralises your membership details, content platform information and all your membership requests (your “Account”). The registration information you provide must be yours and accurate. Any failure to notify us of any changes to this information constitutes a breach of our Terms of Service.
2.2 Upon signing up to any membership, you are required to provide one primary contact email address which we will use to in all communications. Please note that Premium Membership is limited to one primary contact address only.
2.3 You are solely responsible for maintaining the confidentiality and security of your content platform site and for all activities that occur on or through your content platform site. You are required to immediately notify chloédigital of any security breach of your content platform site and we accept no liability for any losses arising out of the unauthorised use of such.
2.4 You accept that chloédigital makes no warranties regarding your potential social media growth following upon joining the membership.
2.5 We use the following payment methods: PayPal and Stripe, hereafter referred as the ‘Payment Processors’.
2.6 You will need to follow instructions on the relevant checkout page. You acknowledge that payment processing services are provided by third party Payment Processors.
2.7 You warrant that you have appropriate authority to use the payment card details which you input. By inputting your debit or credit card information, you agree to use of that information by the Payment Processors for the purpose of processing your payment.
2.8 Your card details will be stored securely by the Payment Processors. We do not store your payment card details on our systems.
2.9 In the event that your payment card is lost or stolen you agree that it is your responsibility to contact the applicable card company in order to cancel your payment card as soon as reasonably possible following such loss or theft.

OUR OBLIGATIONS

3.1 By signing up and joining the chloédigital service as a member, chloédigital will:

  • Backup your site (Premium,VIP, Luxe)
  • Provide Members-Only Communications e.g. Newsletter, Marketing Emails (Premium, VIP, Luxe)
  • Reach out for one consultation call each month (VIP and Luxe only)
  • Provide Monthly report (VIP and Luxe only)

These are collectively referred to as the ‘Deliverables’.

3.2 Upon our provision of the Deliverables, you accept and acknowledge that our obligations under the Service have been met and receipt of these Deliverables constitutes your acceptance to continue the Service (save for circumstances whereby you have provided notice to effectively terminate your membership under this Agreement).
3.3 For the avoidance of doubt, consultation calls do not accrue each month in the event that you are unable or unresponsive to a reach out for the purposes of scheduling a consultation call.
3.4 In the event that you no longer wish to continue your membership, you must observe the termination clauses under this Agreement.

TEAMWORK DUTIES

4.1 Due to the nature of the membership, chloédigital request that members undertake a collaborative approach to implement the strategic advice provided under the membership in order to achieve the greatest potential for your content site.
4.2 You acknowledge that you shall be responsible for (i) the coordination of any decision-making with parties within your team and (ii) provision of content in a form suitable for reproduction or incorporation into our Services.
4.3 In the event that your content includes references or images of third parties and/or or content provided by third parties, including copyrights, trademarks, you agree that you have all necessary permissions from these third parties to permit chloédigital to use and display this content.
4.4 All services are subject to our Fair Use Policy. Our Fair Use Policy applies to all our Services and is intended to ensure:
a. the availability of our Services to all members; and
b. that the Services are not used in an unreasonable manner.

4.5. We reserve the right to vary the terms of this Fair Use Policy from time to time.
4.6 We may rely on the Fair Use Policy where your usage of the Services is unreasonable, as defined below.

UNREASONABLE USE

4.7. It is unreasonable use of our Services where your use of the service is reasonably considered by us (this list is non-exhaustive):

a. unresponsive to our emails of advice;
b. adversely affect other members use of or access to the Services e.g unreasonable requests;
c. rescheduling a consultation call more than three times in one month;
d. cancellation of a consultation call without at least 72 hours notice;
e. repeatedly late to a consultation call;
f. violating our one primary contact rule eg; Premium members requesting we CC members of your team;
g. requesting we liaise with third parties on your behalf.

4.8 If We reasonably consider your use of the Services is unreasonable, we may, at our sole discretion:
a. suspend or limit the Service (or any feature of it) in accordance with our agreement with You; and/or

RIGHTS YOU GRANT US

5.1 We do not claim any ownership rights in your content that you provide to us in connection with the Services (“Customer Content”). However, to provide the Services, we need you to grant us a right to use and publish the Customer Content. As such, you hereby grant to us, our affiliates, providers of third party services, and subcontractors a non-exclusive, transferable, revocable, worldwide license to use the Customer Content to the extent necessary to provide the Services.

PAYMENT.

6.1 You agree that you will pay for the Services upon subscribing to a chloédigital membership tier by paying a subscription fee, the amount of which is determined by the membership plan you choose.
6.2 Your membership will activate immediately on the date you sign up (“the Effective Date”). You shall, on the Effective Date provide to chloédigital valid, up-to-date and complete payment details.
6.3 When you sign up for chloédigital membership, you agree to pay for Services for a minimum period of 3 months (“Minimum Period”), save for our Luxe Membership tier which has a minimum period of 6 months due to the nature of the service (“Luxe Minimum Period”).
6.4 Following the Effective Date of your membership, your payment to chloédigital will automatically renew each month unless you cancel your paid subscription via written request to hello@chloedigital.com before the end of the current subscription period.
6.5 chloédigital may charge your payment method for any Services purchased and for any additional amounts (including any taxes and late fees) that may be accrued by or in connection with your membership.
6.6 chloédigital may change the price for the subscription fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes.
6.6 YOU ARE RESPONSIBLE FOR THE TIMELY AND FULL PAYMENT OF ALL FEES AND ACCEPT LIABILITY ON BEHALF OF ANY THIRD PARTY IN THE EVENT OF LATE PAYMENT.
6.7 If chloédigital has not received payment within 30 days after the due date of any payment owed by you, and without prejudice to any other rights and remedies, chloédigital may, without liability to any member disable your account and access to all or part of the Services.
6.8 In the event of clause 6.7, chloédigital shall be under no obligation to provide any or all of the Services during the period of any unpaid invoice(s) and interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of Natwest PLC Bank from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
6.9 Payment processing may be performed and facilitated by a third party, such as PayPal and Stripe, which have their own policies and terms in relation to that payment and data. We request that you observe these terms and policies before agreeing to these Terms.

CANCELLATION AND TERMINATION OF SERVICES.

7.1 You may cancel your subscription at any time within 14 calendar days (“Cooling Off Period”) from the Effective Date. However, following this period, you may not cancel until such a time as the Minimum Period or the Luxe Minimum Period has elapsed.
7.2 In accordance with 7.1, members signed up to the Premium membership may cancel at any time after the Minimum Period has elapsed. The cancellation will take effect the day before the last day of the current subscription period, and we terminate your account accordingly.
7.3 In accordance with 7.1, members signed up to the Luxe or VIP membership tier may cancel their subscription providing no less that 30 (thirty) days notice once the Minimum Period and Luxe Minimum Period has elapsed. The cancellation will take effect the day before the last day of the current subscription period.
7.3 If you wish to cancel your subscription, you must contact us with your account closure request via email at hello@chloedigital.com. Requests of cancellation to any other member of our team shall not be effective notice.
7.4 In the event that you cancel your subscription (1) during the Cooling Off Period having received any or part of the Deliverables or (2) immediately following the Minimum Period or Luxe Minimum Period or (3) prior to the end of your current monthly subscription period, we will not refund any fees already paid to us.
7.5 In the event that you cancel your subscription and reactivate it at a later date, the Minimum Period and Luxe Minimum Period shall apply from the date you re-joined the membership.
7.6 chloédigital at its sole election may terminate or suspend your membership immediately without notice if, in the sole discretion of chloédigital: (a) you are in breach of any of the Terms of Service (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, chloedigital’s network, or the use and enjoyment of chloedigital’s other users; (c) chloédigital receives an order from a court to terminate the Service you are availing ; (d) if chloédigital for any reason ceases to offer the Service; (e) if you are no longer chloédigital customer, or (f) chloédigital determines that you are abusing the Service.
In the event of any of the examples raised above, chloédigital may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.

INTELLECTUAL PROPERTY

8.1 You agree that chloédigital own all intellectual property rights created in the provision of the Services. chloédigital and its licensors own all right, title, and interest in and to Services and the systems and networks used to provide such Services including all modifications, improvements, upgrades and derivative works. You agree to assign all right, title, and interest you may have in the foregoing to us. Except for the express rights granted herein, we do not grant any other licenses, whether express or implied, to any of chloedigital’s intellectual property including software, services and products.
8.2 Except as expressly stated herein, these Terms of Service do not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services.
8.3 All chloédigital logos, designs, scripts and coding created during the provision of services, are intellectual property of chloédigital.
8.4 Any use of intellectual property owned by chloédigital may not be used in connection with any product or service without our prior written consent.

MARKETING

9.1 Members acknowledge that, from time to time, chloédigital may wish to refer to its relationship with you as a member in its promotional literature and marketing materials. On acceptance of these terms, members consent to being referenced in such promotional material with the inclusion of images, words and feedback during and once they have left the memberships subject to any withdrawal of their consent.
9.2 chloédigital reserves the right to include the wording “Powered by chloédigital” on any members website for the duration of their subscription with chloedigital. The word “chloédigital” shall incorporate a hyperlink to the chloédigital website and the wording as a whole shall be of a reasonable size and be located in a reasonably prominent and unobscured position.

THIRD PARTY PRODUCTS AND/OR SERVICES.

10.1 As part of the Services, chloédigital may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether chloédigital assists you in the acquisition, installation, and/or use of Third Party Software. chloédigital has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
10.2 We may require you to grant us account permissions relating to your blog. For example, we require you to permit access to our contact email address within your Google Analytics account during the onboarding process of your membership. The email address we provide to you may change from time to time and by accepting these terms, you agree to permit us to change this contact email address and add an additional email address without any further reference to you to ensure we can provide our Services in the most efficient way possible.
10.3 It is your responsibility to ensure that providing us with the permission as referenced in clause 10.2 and any other permission relating to a third party account is permissible under any terms you have agreed to relating to that third party account. chloédigital has no responsibility or liability for the terms of use or service, privacy policies, or any practices or agreements of any such third party.
10.4 In the event that you agree to migrate your website, you understand that you will be redirected to third party websites to acquire and use third party products, including plugins and services that are not under the control of chloedigital. Your use of any such third party provider for migration purposes is at your own risk and you acknowledge that chloédigital has no liability arising from your use of such.
10.5 chloédigital would like to disclose that further to the provision of our Services, there is a monetary relationship between certain services recommended within our membership and the owner of that third party product or service (the “Affiliate” or collectively referred to as “Affiliates”). This clause is provided for the purpose of disclosing chloedigital’s financial relationship with Affiliates, advertisers, sponsors and other third parties that we work with within our membership. In the event that you decide to purchase a product or service recommended by your chloédigital representative, chloédigital may receive additional compensation from that purchase from the Affiliate. Despite the foregoing, chloédigital and our representatives provide our honest opinions and commercial experiences as they relate to the products and services that are recommended.
Our Affiliates include or have included WP Engine and Fantasktic. The foregoing is not an exhaustive list and the parties are subject to change at any time. Should you have any questions, comments or concerns in relation to the above, please contact us at hello@chloedigital.com

INDEMNITY.

11.1 You hereby expressly and irrevocably indemnify and hold harmless chloédigital against claims, actions, proceedings, losses, damages, expenses and costs arising out of or in connection with the use of the Service.
11.2 You agree that this discharge of liability will apply to chloédigital and its affiliated companies including its and their directors, employees, agents, representatives, independent contractors, licensees and assignees. You agree that this discharge of liability will apply to any and all proceedings, debts, claims and demands (both in law and equity) which you have had in the past, present or may have in the future arising directly or indirectly out of your use of the chloédigital Site and/or chloédigital Services.
11.3 You hereby agree that chloédigital and its affiliated companies including its and their directors, employees, representatives, independent contractors, licensees and assignees, shall have no liability for any damage caused by errors made in connection with the Services.
11.4 You accept that all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement. Nothing in this agreement excludes the liability for death or personal injury caused by chloedigital’s negligence or for fraud.
11.5 You hereby agree that chloédigital shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.
11.6 You agree to indemnify chloédigital against all claims, losses, expenses, damages and costs relating to any breach of these Terms, material and/or the use of or reliance upon the Services, by you or any person acting on your behalf when accessing or making edits on your content management system.

LIMITATION OF LIABILITY.

12.1 chloédigital shall not be liable under any circumstances to you under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
12.2 chloédigital MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. YOU ACCEPT THAT YOUR SOLE REMEDY SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE

FORCE MAJEURE.

13.1 chloédigital shall have no liability to you under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other commercial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.

CHANGES TO OUR TERMS.

14.1 It is at the sole discretion of chloédigital to modify or replace the terms at any time. chloédigital will notify you of any modification to our Terms via email correspondence or with a clear notification upon your visit to our Site. You are responsible for reviewing our Terms upon notification of any change and continuing use of our Services shall constitute your acceptance of these Terms.

MISCELLANEOUS.

15.1 These Terms apply to the use of our Services and do not create any agency, employment, partnership or joint venture, or employment with any person or persons who agree to be bound by them.
15.2 chloédigital shall not be liable for any failure to perform its obligations under these Terms in circumstances beyond reasonable control. We accept no responsibility for any electronic, server or communications failure.
15.3 If any provision of our Terms or Privacy Policy is found to be unenforceable or unreasonable, that provision shall be limited or excluded to the extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
15.4 chloédigital may assign this agreement or any part of them, and chloédigital may delegate any of its obligations under the agreement. You may not assign the agreement or any part of them, nor transfer or sublicense your rights under the agreement, to any third party.
15.5 The Terms shall be governed by and construed in accordance with the laws of England and Wales. By accepting these Terms, you and we both agree to the exclusive jurisdiction of England and Wales.