These terms of service (“Terms of Service”) are a legal agreement (“Agreement”) between you, either an individual or a single legal entity (“You” or “you”), and Convertica Consulting that governs your access to and use of www.malCure.com (the “Site”) and the malCure services, including all media, document, updates, and support services associated with the Site and the malCure services (all collectively, the “Service”). malCure is a subsidiary of Convertica Consulting.
This Agreement sets forth the legally binding terms and conditions for your use of the various services and websites owned and operated by Company, including, without limitation, the malcure.com, convertica.freshdesk.com websites and domain names (“Sites”), and any other features, content, or applications offered from by Company in connection therewith, including, but not limited to, website integrity, monitoring, alerting, security audit and cleanup. (Collectively “Service”).
This Agreement applies to all users of the Sites or Service, including users who are also contributors of content, information, and other materials or services on the sites. If you do not agree to be bound by this Agreement, you may not access or use the Sites or the Service.
If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Company shall not be liable for any loss or damage resulting from Company’s reliance on any instruction, notice, document or communication reasonably believed by Company to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Company reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Service, whether or not authorized by you.
Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting on the Sites. Your use of the Sites or the Service after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Sites or the Service. In addition, Company may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your Account information current. Company assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
Customer Account and Registration
As a Registered User, you are required to establish an Account and receive or establish a password (“Password”) which can be used by each of your employees and consultants who are authorized by you to use the Service on your behalf. In registering for the Service, you agree to provide true, accurate, current and complete information about yourself and your site as prompted by our registration and submit details form (the “Registration Data”); which includes:
Personal Information: Your email address, first name and last name
Website related information: WordPress / Drupal Admin Details (WordPress / Drupal Admin URL, Username, Password) and cPanel Details (cPanel Hosting URL, Username, Password)
If you provide any Registration Data that is untrue, inaccurate, not complete or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and to refuse any and all current or future use of the Service (or any portion thereof) by you. You are responsible for all activities that occur under your Account and your Password. You agree to notify Company immediately of any unauthorized use of your Account or Password or any other breach of security and to exit from your Account at the end of each session. You agree that you are responsible for any losses arising out of the unauthorized use of your Account.
When you visit the Sites or send e-mails to us, you are communicating with us electronically. By doing this, you consent to receive communications from us electronically. We will communicate with you via e-mail, ticketing system or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT E-MAIL COMMUNICATION IS NOT SECURE, AND THEREFORE YOU AGREE THAT YOU WILL USE THE COMPANY’S TICKETING SYSTEM TO EXCHANGE ALL CREDENTIALS, TECHNICAL INFORMATION AND SERVICE SPECIFIC SUPPORT REQUESTS (INCLUDING BUT NOT LIMITED TO ANY MALWARE REMOVAL REQUESTS FOR COVERED WEBSITES (EACH, A “MALWARE REMOVAL REQUEST / SERVICE”).
Description of Service
Website Malware Removal is a combination of automated and manual analysis of files and databases used to identify and clear malicious code from websites. By providing this Service to you, we may temporarily store user credentials. Additionally, files and databases may be temporarily stored to perform manual restorations.
Website Malware Removal is applicable for both; WordPress Malware Removal Service as well as Drupal Malware Removal Service.
WordPress Security Hardening is about securing credentials, securing data, continuous monitoring and strategizing a well-hardened setup. By providing this Service to you, we may temporarily store user credentials for configuring security set-up.
WordPress Site Security Audit When you sign-up for our WordPress security audit services, we examine, detect and report on your website’s vulnerabilities. By providing this Service to you, we may temporarily store user credentials for assessing security set-up.
We reserve the right to modify the Service and prices of the Service offered at anytime on our Site. You agree that the Company may attribute all use of your username and password to you and that you are responsible for all activities that occur under your username and password. You must notify us immediately if you suspect any unauthorized use of your account or any other breach of security.
You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
The Company does not guarantee availability of the Service and you may access the Service if and when it is available. The Service may occasionally be down for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, the Company reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Service at any time and without notice.
You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher, and have the right, authority, and capacity to accept and agree to these Terms. If you are under age 18 or are otherwise unable to accept and agree to these Terms, you may not use or access the Service. If we discover or have any reason to suspect that you are not at least 18 years of age or otherwise unable to accept and agree to these Terms, we reserve the right to suspend or terminate your access to the Service immediately and without notice.
Billing & Refund Policy
We may require payment of fees for use of certain features of the Service and / or product(s). If you purchase paid features of the Service, you agree to pay all applicable fees with an approved credit card or PayPal account details that you provide, or via other payment mechanisms that we specify, when completing your Service purchase.
You will be charged immediately, or at the expiration of your free trial period if applicable, for use of the paid features of the Service.
If you purchase one of our other subscription-based services and / or product(s), your subscription will automatically renew at the conclusion of your then-current term, unless you cancel at least 3 days before the conclusion of the then-current term. You must cancel your subscription and turn off auto-renewal to end recurring charges. To cancel, please login to your PayPal account and turn off auto-renew.
At malCure, we build awesome software and deliver excellent service. Refunds are an exception and not the norm here. We stand by our products and services. If you believe you are entitled for a refund, please file a support request clearly mentioning what we can do to fix the issue. Pursuant to this if we find that the issue is something that warrants a refund, it will be issued subject to the descretion of the support person.
Except as otherwise stated in these Terms, all fees paid for the Service are non-refundable.
Refunds take a minimum time of 7 days from the time a written request for the same is filed. This duration is for us to be on the safer side just in case there’s any issue with payment service provider or if there are any developments which change your requirements.
We firmly believe in and stand behind our service 100%. However, we understand that it cannot work perfectly for everyone all of the time. If we are unable to fix your issue that is repair and not custom development, and have given up, a refund may be issued. However if you decide to cancel your support request before we have an opportunity to work on it and determine we can not fix it or you are unable to provide the access we need, there may only be a refund of upto 50% of what was paid to us. The reason for this is that we do have operating costs that are incurred when a service is purchased and submitted and in many cases the agent has already completed a portion of the work. The other option is to have your full refund returned in store credit that does not expire.
The refund amount will be calculated and processed after deducting PayPal fee and transaction charges and any other charges incurred in the process.
Refunds do not apply to special offers, ticket credit and monthly or yearly plan purchases.
Website Malware Removal Service / Malware Clean-up Service / WordPress Malware Removal Service / Drupal Malware Removal Service
One ticket covers one WordPress / Drupal website only (depending on the service you have purchased) until and unless it is a custom bulk malware removal package.
Website Malware Removal Service, can be interchangeably used for WordPress Malware Removal Service, Drupal Malware Removal Service and Malware Clean-up Service.
When you purchase our Website Malware Removal Service, some files on your site may be modified, removed, added, or updated as part of the cleaning process. We make every effort to ensure the site runs as normal with minimal downtime. Additionally, if your site is blacklisted, we will submit your site for blacklist review.
For Website Malware Removal Service, only WordPress / Drupal installation and WordPress / Drupal related files are cleaned. And one ticket covers one WordPress / Drupal website only (until and unless it is a custom bulk malware removal package). Any other files / application files are not covered. Purchase a separate ticket for the same.
The service is subject to proper working and functioning of hosting cPanel. It is the sole responsibility of the client if we are not able to deliver on our service due to improper functioning or failure on the part of website hosting. By way of example (and not limited to), slow website hosting or failure to upload data to website hosting due to error at the end of hosting services do not make “Company” liable for not providing the service as described.
Please review the site before submitting the website details. malCure is not responsible for a broken site.
The malCure Guarantee — 15 Days Cover
WordPress Malware Removal Service / Website Malware Removal Service / Malware Clean-up Service / Drupal Malware Removal Service comes with a full 15 days cover.
What is Included:
The 15 day guarantee covers prevention of the same malware strain that the ticket was opened for.
- If the same malware / infection recurs within 15 days of cleanup, you are covered. We will clean-up the malware without any additional charges.
What is not Included:
Security breaches happen all the time and new vulnerabilities are discovered each new day.
- The infections happening due to newer vulnerabilities are not covered.
- Any new type of malware is not covered.
- The infections caused due to not following the recommendations provided at the time of resolving the ticket are not covered.
The 15 day guarantee covers prevention of the same malware strain that the ticket was opened for.
Rules and Conduct
As a condition of your use of the Service, you agree that (a) you will follow Company’s guidelines and recommendations on how to prevent reinfection of the Covered Website, and (b) you will not use the Service for any purpose that is prohibited by the Terms or by applicable law.
Payment & Purchases
You may make payment for the Service using a payment card or PayPal. The credit card information that you provide is encrypted and transmitted directly to our third party payment processor (PayPal). We do not store your credit card information.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, website details and website credentials.
Some parts of the Service may be billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring basis.
We use ticketing system for our Services. When you purchase a service on our website, you will be requested to submit the website details. As soon as you submit the website details, a ticket is generated and one of our agents will start working on it.
Before proceeding, the agent will verify the access details and confirm the scope of the service (no. of sites paid for).
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are solely responsible for the same and shall hold us harmless in case of any dispute legal or otherwise.
We provide “priority support” via email only for malCure Advanced Edition and paid services. We do not guarantee a specific response time and we do not provide a service level agreement. In general, we operate weekdays from Monday to Friday, 9am to 5pm ET. We will try to respond to email inquiries within one business day. Priority support is offered on a per user basis and not a per license basis. This means that we limit the amount of support we provide per paid license. Our support offered for malCure Advanced Edition is limited to 2 hours of support per incident. We reserve the right to decline further support or to charge for additional support beyond the 2 hours of support. We endeavor to provide you with excellent customer service, but we reserve the right to immediately terminate service without a refund if a user is insulting, threatening, or abusive to our support team, or violates these Terms. We do not provide support for issues that are not directly related to the Service, such as website configuration.
Third Party Products, Services, Websites, and Links
malCure Web Security has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that malCure Web Security shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. THE COMPANY OR ITS AFFILIATES AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR NEEDS OR EXPECTATIONS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, NOR DO WE WARRANT THAT ANY DEFECTS OR ERRORS WITH THE SERVICE WILL BE CORRECTED.
Neither malCure nor any of its respective employees or agents make any warranty as to the results to be obtained from the use of the Services. Except as specifically set forth herein, malCure specifically disclaims all other warranties of any kind, whether express, implied, or statutory, including but not limited to, any warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
Review the site before submitting the website details. malCure is not responsible for a broken site.
Disclaimer of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS; LOSS OR CORRUPTION OF DATA OR OTHER INFORMATION; OR ANY OTHER LOSS OR ANY KIND, WHETHER FORESEEABLE OR NOT, BASED ON, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR THESE TERMS, EVEN IF WE OR ANY OF OUR AFFILIATES, SUPPLIERS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BY USING THE SITES AND/OR THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD COMPANY PARTIES HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM COMPANY PARTIES AS A RESULT OF COMPANY’S DECISION TO REMOVE OR REFUSE TO PROCESS ANY OF YOUR CONTENT, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF COMPANY’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Service, including any data or content transmitted or received by you; (ii) your violation of these Terms; or (iii) your violation of any third-party rights, including without limitation any privacy or intellectual property rights.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR COMPANY MATERIALS) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS (THE “COMPANY PARTIES”) DO NOT WARRANT THAT:
(A) THE SERVICE WILL PREVENT THE INFECTION, OR RE-INFECTION, OF THE COVERED WEBSITES;
(B) THE COVERED WEBSITE WILL OPERATE AFTER IT HAS BEEN CLEANED BY COMPANY;
(C) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(D) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(E) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(F) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES AND THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS, THE COVERED WEBSITES, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITES AND THE SERVICE.
You agree that if you provide us any suggestions, comments, or other feedback about the Service (“Feedback”), the Feedback is given voluntarily and we are free to use, disclose, reproduce, distribute, and otherwise exploit the Feedback without any obligations or restrictions of any kind.
Changes to These Terms
We reserve the right to change these Terms at any time upon notice to you. We may give notice by making the updated Terms available through the Service or by any other reasonable means. When we change these Terms, we will require you to accept the updated Terms to continue using the Service. If you do not accept the updated Terms, you may not continue to use the Service. Updated Terms are binding on you on the effective date indicated at the top of these Terms.
These Terms, together with any amendments, incorporated terms or policies, and any additional agreements you may enter into with the Company, will constitute the entire agreement between you and the Company. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. No waiver of any portion of these Terms will be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. A waiver will only be binding on us if it is in writing and signed by us. The Company may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Service. YOU AND THE COMPANY AGREE THAT IN NO EVENT WILL ANY CLAIM, ACTION, OR PROCEEDING BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. The Limitation of Liability, Indemnity, and Governing Law Sections of these Terms survive any termination.
If you have any questions about these Terms, please email us at firstname.lastname@example.org.