Terms and Conditions for MemberFix
Last Updated: March 10, 2025
1. Introduction
Welcome to MemberFix (“we,” “us,” “our”). These Terms and Conditions (“Terms”) govern your use of our website (https://memberfix.rocks and https://account.memberfix.rocks), services, products, and any related content (collectively, the “Services”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
2. Services Offered
MemberFix offers the following services:
2.1 WordPress Plugins
Our WordPress plugins are subject to the refund policy found at https://memberfix.rocks/refund-policy/, which is incorporated by reference into these Terms.
2.2 Care Plans
We provide ongoing WordPress support through Care Plans. Our Service Level Agreement (SLA) is:
- 48 hours or better for task replies
- ASAP for urgent requests
We commit to examining your requests within the specified timeframes but do not guarantee resolution within any particular timeframe. Refunds for Care Plans may be granted at our discretion upon reasonable request with justification.
2.3 Hourly Development Work
Our hourly development work follows this process:
- Initial consultation call
- Paid analysis/discovery process
- Scope document creation and approval
- Payment arrangement (first batch of developer hours or 50% upfront/50% upon completion)
We primarily work on an hourly basis rather than offering fixed-price projects. Refunds are at our discretion but will be honored for objectively reasonable requests. Timelines and expectations are outlined in the scope document produced after the discovery process.
2.4 Done-for-You Membership Sites
Our done-for-you membership sites follow the same process as hourly development work, including a paid analysis phase and a scope document that outlines timelines, costs, expectations, and deliverables.
3. User Accounts
3.1 Account Creation
Account creation is required for plugin buyers. Through your account, you can manage your licenses, download license keys, cancel subscriptions, and update billing information.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other security breach.
4. Payment Terms
4.1 Payment Methods
We accept payments through payment links, invoices, bank transfers, and cryptocurrency in the form of stable coins (USDT and USDC).
4.2 Invoices
We issue invoices upon request but do not generally provide them automatically.
4.3 Refunds
Refund policies vary by service as outlined in Section 2. All refund requests are evaluated on a case-by-case basis.
5. Project Collaboration
5.1 Project Management
All project collaboration occurs in our project management system, ClickUp. Upon engagement, customers are onboarded into ClickUp.
5.2 Project Process
For hourly work and done-for-you websites, our process includes:
- Internal preparation call with our team (primary developer, co-implementer, and team lead)
- Customer kick-off call for onboarding and expectation setting
- Weekly pulse calls with the customer and stakeholders to discuss progress and answer questions
5.3 Communication
All project-related communication will be maintained within ClickUp to ensure clear and organized correspondence.
6. Data Collection and Privacy
6.1 Information We Collect
We collect the following information:
- Email address
- Name
- IP address
- Location based on IP address
- Information relevant to our services, including access to your website, third-party tools, and customer data
6.2 Use of Information
We use your information to:
- Provide and improve our Services
- Communicate with you about your projects or services
- Process payments
- Meet our contractual obligations
We do not sell or share your information with 3rd parties and observe confidentiality in all of our professional interactions.
6.3 Data Retention
We retain your data, including email communications and project information in ClickUp, AirTable and within our WordPress MySQL Data tables, for an indefinite period to facilitate future engagements. Upon request, we can delete your data.
6.4 Non-Disclosure Agreements
We offer non-disclosure agreements upon request.
6.5 Your Rights
You have the right to:
- Access your personal information
- Request correction of inaccurate information
- Request deletion of your information
- Opt out of marketing communications
To exercise these rights, please contact us at [email protected].
7. Intellectual Property
7.1 Our Intellectual Property
All content on our website, including text, graphics, logos, and images, is our property or the property of our licensors and is protected by copyright and other intellectual property laws.
7.2 Custom Development Work
For custom development work:
- The customer owns the implementation solution created for their specific needs
- The underlying code, being based on open-source WordPress (GPL 2.0 license), remains open source
- We reserve the right to reuse, modify, or repurpose code elements in other projects
- We reserve the right to feature our implementation and code in Case Studies and Portfolio entries unless contraindicated by an NDA
- Third-party proprietary scripts or tools used in development are subject to their own licensing terms
7.3 Open Source Components
Our services, including WordPress plugins and custom work, are primarily based on open-source technologies, particularly WordPress under the GPL 2.0 license.
7.4 Website Usage Restrictions
You may not:
- Scrape, copy, or reproduce any content from our website without express permission
- Use our website content for commercial purposes without authorization
- Modify, distribute, or create derivative works based on our website content
8. Warranties and Limitations
8.1 Service Warranty
We warrant that:
- We will perform services with reasonable skill and care
- We will fulfill requirements as outlined in the agreed-upon scope document
- We will meet the acceptance criteria stipulated in the scope document
8.2 No Results Guarantee
We do not guarantee:
- The success, revenue, or performance of your membership site or business
- The results of your marketing, sales, or business operations
- The performance of third-party tools or services integrated with our work
8.3 As-Is Provision
Our code and implementations are provided “as is.” WordPress and dependent plugins are constantly changing, and we cannot guarantee compatibility with future updates beyond our direct control.
8.4 Limitation of Liability
To the maximum extent permitted by law:
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- We are not liable for damages resulting from third-party actions, force majeure events, or actions beyond our reasonable control
- Our total liability for any claims arising under these Terms shall not exceed the amount paid by you for the specific service giving rise to the claim
9. Dispute Resolution
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law provisions.
9.2 Arbitration
Any dispute arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wyoming, USA.
9.3 Waiver of Class Actions
You agree to resolve any disputes on an individual basis and waive any right to pursue any claims on a class or consolidated basis.
10. Termination
10.1 Termination by You
You may terminate these Terms by discontinuing use of our Services and canceling any subscriptions.
10.2 Termination by Us
We may terminate or suspend your access to our Services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.
10.3 Effect of Termination
Upon termination:
- All rights granted to you under these Terms will cease
- You must cease all use of our Services
- Any fees owed to us prior to termination will remain due and payable
- Sections that by their nature should survive termination shall survive, including Intellectual Property, Warranties and Limitations, and Dispute Resolution
11. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our Services following the posting of revised Terms means you accept the changes.
12. Contact Information
If you have any questions about these Terms, please contact us at [email protected] and [email protected].
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.