Effective Date/Last Updated: September 29th 2014
WPHUB AUTHOR TERMS AND CONDITIONS
These Author Terms and Conditions (“Author T&C”) contain legally binding terms and conditions for your relationship as an author with WPHub. Please read the Author T&C carefully before signing up as an Author.
IF YOU DO NOT AGREE WITH THE AUTHOR T&C, DO NOT SIGN UP AS AN AUTHOR WITH WPHUB.
- BECOMING AN AUTHOR Becoming an author on WPHub is free, but you have to be approved by WPHub. WPHub can choose not to accept you as an author at its sole discretion.
- AUTHOR REPRESENTATIONS AND WARRANTIES. In registering as an author, you represent, warrant and covenant the following that the following statements are true. Breach or failure to comply with any of these provisions, as determined in WPHub’s sole discretion, may result in WPHub’s withholding of commissions, removal of your items from WPHub, or termination of your author status with WPHub.
- You are providing WPHub with accurate and complete registration information, and promise to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Author T&C, which may result in immediate termination of your WPHub author account.
- You are solely responsible and liable for activity that occurs on your author account. You must immediately notify WPHub in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
- For each item that you submit as an author, you affirm that:
- You own or have rights to use the intellectual property rights in the item, and the item does not infringe the intellectual property rights of a third party;
- The item does not contain false, inaccurate, misleading, fraudulent, unlawful or defamatory content;
- The item does not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- The item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
- The item is compatible with the most recent version of WordPress, or will bring any item into compliance with the most recent version of WordPress within 30 days of release of the most recent version of WordPress;
- The item is accompanied by sufficient documentation as determined by WPHub
- You agree that you will support all items for at least 12 months following an item’s purchase by a WPHub customer and at no additional cost to WPHub’s customer. Failure to provide support will result in loss of your commissions due on this product, including for future sales. Support shall include:
- Security updates
- Software updates
- Customer support via email, phone, or chat forum
- You agree that you will not engage in any activity designed to direct customers away from WPHub to author’s own site or any third party site.
- You agree that you will respond to any communications or correspondence from WPHub within ten days of the date of the communication or correspondence
- ITEM REQUIREMENTS AND MARKETING:
- Items must be submitted to WPHub for review and approval before items will be made available for sale. WPHub has sole discretion regarding approval of items.
- Author grants WPHub permission to sell submitted items indefinitely unless withdrawn from WPHub by author or by WPHub. Author must provide to WPHub at least 30 days’ advance notice before withdrawal of an item.
- All items are sold without warranties and under a General Public License, which provides customers with broad rights. For details on the General Public License, click here.
- Author agrees that WPHub has sole discretion in marketing the items including specials and coupons, and may market through affiliates. For specials lasting more than 7 days or involving discounts of more than 20%, Author will be provided an opt-out option, which must be exercised within 5 days of author’s receipt of notice of the special/discount. There is no author opt-out option for specials lasting less than 7 days or involving less than a 20% discount
- Author may determine item pricing, subject to review and approval by WPHub. All items must be priced in USD. Author may not sell Author’s products on other sites, including Author’s own site, at lower prices than those on WPHub.
- WPHub may remove Author’s items from WPHub at its discretion, including without limitation for reasons of poor sales or poor performance.
- PAYMENT TO AUTHOR:
- If you are a U.S. resident, you must submit IRS form W-9 before payment can provided by WPHub.
- Author receives 70% of the gross receipts on Author’s items. “Gross receipts” is defined as the price of the item, less any discounts or specials.
- Author will receive a 5% commission on sales which are ancillary to sales of Author’s item, with the commission to be divided pro rata between the authors of all items connected in such a sale. “Ancillary Sales” are defined as sales of products related to Author’s item such as hosting services, customization, or plug-ins, which occur as part of the same transaction as the sale of Author’s item.
- Payments are issued on the first of each month for items sold two months previously. (For example, if a sale occurs in mid-July, commission payments will be issued on September 1.).
- Payments will be issued via PayPal. Author may request a paper check for payments due Author in amounts over $1,000.00
- WPHub may withhold or delay payment to author in the event of disputes with author or customers, credit chargebacks or customer refunds, failure of Author to comply with the Author T&C, fraud allegations, Intellectual Property disputes, or any other reason in WPHub’s discretion.
- Customer refunds or credits are issued in WPHub’s sole discretion or upon Author’s request.
- If you dispute the amount of a month’s commission due to you, you must provide notice to WPHub within 30 days of your receipt of a payment which you dispute, or your dispute is waived.
- WARRANTY DISCLAIMER.
Except to the extent required by law, WPHub has no special relationship with or fiduciary duty to you. You acknowledge that WPHub has no control over, and no duty to take any action regarding how customers use any of your items they purchase or what effects customers’ use of your items after purchase may have on you. We make no representations or warranties as to the conduct of customers or the veracity of any information customers provide. In no event shall WPHub be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the your author relationship with WPHub, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with customers or other persons you may otherwise meet through WPHub. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through WPHub, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
Use and access to the WPHub Site is provided to you "as is", "as available" and is provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
WPHub, and its directors, officers, members, managers, employees, agents, representatives, suppliers, partners and content providers do not warrant any particular outcome from your author relationship with WPHub. Your use of the Site and the Service is solely at your own risk. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to you.
- INDEMNIFICATION. You shall defend, indemnify, and hold harmless WPHub, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your author relationship with WPHub including the actions of any third party using your account, of any intellectual property or other right of any person or entity. WPHub reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with WPHub in asserting any available defenses.
- LIMITATION OF LIABILITY.
All liability of WPHub, its directors, officers, members, managers, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use of the Site or the Service is expressly excluded to the fullest extent permitted by law. If a court of competent jurisdiction determines that liability of WPHub, its directors, employees, agents, representatives, partners, suppliers or content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to one hundred US dollars ($100).
To the maximum extent permitted by applicable law, in no event shall WPHub, its officers, members, managers, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not WPHub, its officers, members, managers, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to your author relationship with WPHub for:
- Indirect or consequential losses or damages;
- Loss of actual or anticipated profits;
- Loss of revenue;
- Loss of goodwill;
- Loss of data;
- Loss of anticipated savings;
- Wasted expenditure; or
- Cost of procurement of substitute goods or services.
You agree that you must bring any cause of action arising out of or related to your author relationship with WPHub within one (1) year after the event giving rise to the cause of action; otherwise, such cause of action is permanently barred.
- GOVERNING LAW. The Author T&C shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of law rules, and the United States of America. For all purposes of the Author T&C, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in King County, Washington.
- SEVERABILITY. If any provision of the Author T&C is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Author T&C will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with the Author T&C to be binding, WPHub must provide you with written notice of such waiver through one of its authorized representatives.
- MODIFICATION. WPHub reserves the right, at its sole discretion, to modify or replace any of the Author T&C at any time by posting a notice on WPHub or by sending you notice via email. WPHub may also impose limits on certain features and services or restrict your access to parts or all of WPHub without notice or liability. It is your responsibility to check the Author T&C periodically for changes. Your continued use of WPHub following the posting of any changes to the Author T&C constitutes acceptance of those changes.
The Author T&C is personal to you, and is not assignable, transferable or sub-licensable by you except with WPHub's prior written consent. WPHub may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Author T&C and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in the Author T&C, all notices under the Author T&C will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
All provisions of the Author T&C which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability
You may contact WPHub at the following address:
12001 194th Ave NE, Bldg 2
Redmond WA 98053