These Terms of Use ("Terms") govern your use of phppatch.net (the "Website") and any purchase of services from CVK Group LLC ("Company", "we", "us", "our"), doing business as PHP Patch. By using the Website or buying our services, you agree to these Terms. If you do not agree, do not use the Website or buy our services.
1. Eligibility and business use
You must be at least 18 years old, or the age of majority where you live, and have the authority to bind the business you represent. Our services are offered to businesses and professionals for business purposes, not to consumers for personal, family or household use. We do not provide services to any person or business located in Wyoming. You represent that neither you nor the business you represent is located there, and we may decline or end any engagement, and refund unearned fees, if we learn otherwise.
2. Website information is not advice
The Website contains general information about publicly disclosed vulnerabilities, affected software versions and common remediation steps, drawn from public advisories. It may be incomplete, become outdated or not fit your systems. It is not professional security advice, and no client relationship exists until we both sign an engagement agreement. Verify information against the official advisories for your software before acting on it.
3. Authorization to access systems
Nothing on the Website, and no form submission or email, authorizes us to access, scan or test any system. We access systems only under a signed written authorization from someone with authority over them. You may ask us to work only on systems that you own or are legally authorized to manage. If you use commands shown on the Website, run them only on systems you are authorized to manage, at your own risk.
4. Engagements
Each engagement is described in a written agreement, statement of work, authorization or accepted quote that sets out the scope, schedule and fees (an "Engagement Agreement"). These Terms apply to all services we provide, whether or not there is a separate Engagement Agreement, and paying for or accepting our services means you accept them. If an Engagement Agreement conflicts with these Terms, the Engagement Agreement controls, except that Sections 11, 12 and 13 apply unless the Engagement Agreement expressly refers to and replaces them. Unless the Engagement Agreement says otherwise:
- quotes are valid for 30 days;
- you are solely responsible for your data. Before we begin, and before any change to production systems, you must have current, complete and tested backups of all affected systems and data, and you approve each maintenance window. We are not responsible for restoring data or systems;
- software upgrades can expose incompatibilities in third-party plugins, extensions, themes or custom code. We test where the scope allows, but we are not responsible for defects in software we did not write;
- where we find signs of a compromise, we may pause work to preserve evidence and will recommend next steps, which may include an incident response provider;
- cleanup of a compromised site and recovery of data are provided on a best-effort basis. We do not guarantee that any data can be recovered, that recovered data will be complete or uncorrupted, or that we will find and remove every trace of an attack. You remain solely responsible for your data as described above.
Estimate calls. A call booked through the Website is for you to show us your website or system and describe what is happening, and for us to give you an estimate for the work. It is not an assessment, audit, diagnosis or security review. We do not promise to identify any problem, cause or fix on the call, and nothing said on it is a statement about the security or condition of your systems.
5. Fees and payment
Fees are stated in the quote or Engagement Agreement, in U.S. dollars unless stated otherwise. Payments are processed by Stripe, and by paying you also agree to Stripe's terms for that payment. Invoices are due on the date shown. We may pause work on overdue accounts. Fees exclude taxes. You are responsible for any sales, use, value-added, goods and services or withholding taxes, except taxes on our income. Where a reverse-charge mechanism applies, you must account for the tax.
6. Cancellations and refunds
- Estimate call fee: the fee for an estimate call booked through the Website is non-refundable once paid, including if you decide not to hire us. If you cancel or need a different time before the call starts, you can book a new time with the same payment at no extra charge. Once the scheduled call time has passed, the payment is used, even if you did not join the call. If you hire us for the work discussed on the call, we credit the fee toward it.
- Before work begins: if you cancel before scheduled work starts, we refund prepaid fees less any non-refundable payment processing fees.
- After work begins: fees for work performed, are non-refundable. If you cancel a fixed-price engagement midway, we invoice or retain fees for work completed to that point and refund any prepaid balance for work not performed.
- Retainers: monthly retainers can be cancelled with 30 days' written notice. Fees already paid for the current month are not refunded.
- Problems with our work: if work we delivered does not match the agreed scope, tell us in writing within 14 days. We will, at our option, correct it at no charge or refund the fees you paid for that work. This is your only remedy, as Section 12 explains.
To cancel or ask about a refund, email hello@phppatch.net. Please contact us before disputing a charge with your card issuer. Nothing in this section limits rights you have under law that cannot be waived.
7. Sanctions and export compliance
We provide services worldwide, subject to U.S. law. We do not provide services to, or accept payment from, any person or entity on a U.S. government restricted-party list (including the OFAC Specially Designated Nationals List), or anyone located in, or ordinarily resident in, a country or region under comprehensive U.S. sanctions. You represent that neither you nor the business you represent is such a person or located in such a place. We may decline or end any engagement, and refund unearned fees, if we believe providing it would violate sanctions or export laws.
8. Acceptable use
You agree not to use the Website to break the law, interfere with or probe its security, send automated or bulk submissions, impersonate anyone, or submit content that is unlawful or contains malicious code.
9. Intellectual property
All content on the Website, including text, graphics, logos and software, belongs to CVK Group LLC or its licensors and is protected by copyright, trademark and other laws. You may view and print pages for your own business use. You may not otherwise reproduce, modify, distribute or display the content without our prior written consent. Fonts are used under the SIL Open Font License. Platform, product and cloud provider names are trademarks of their owners. We are not affiliated with or endorsed by them, or by the PHP project.
10. Third-party links
The Website links to third-party sites such as security advisories and vendor documentation. We do not control those sites and are not responsible for their content or practices.
11. Disclaimer of warranties
The Website, its content and all services, deliverables, reports, recommendations, scripts and configurations we provide are provided "as is" and "as available", with all faults. To the fullest extent permitted by law, CVK Group LLC disclaims all warranties and conditions, whether express, implied, statutory or arising from course of dealing or usage of trade, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment and workmanlike performance.
We do not warrant that any system will be secure, free of vulnerabilities or uncompromised, that all vulnerabilities or signs of compromise will be found, that any system will operate without interruption or error after our work, or that any result will be achieved. Security work reduces risk; it does not eliminate it. Any warranty we give must be in a signed Engagement Agreement that expressly states it is a warranty.
12. Limitation of liability and exclusive remedy
Exclusive remedy. If any service we provide is deficient, or you have any other claim arising out of or relating to the Website, our services or these Terms, your sole and exclusive remedy, and our entire liability, is, at our option, re-performance of the deficient service or a refund of the fees you actually paid us for it.
Cap. To the fullest extent permitted by law, our total cumulative liability for all claims of any kind will not exceed the fees you actually paid us for the specific engagement giving rise to the claim, or US $100 if you paid nothing.
Excluded damages. To the fullest extent permitted by law, CVK Group LLC and its members, managers, employees, contractors and agents will not be liable for any: (a) loss, corruption or unavailability of data, or costs of recovering or restoring data or systems; (b) downtime, service interruption or business interruption; (c) lost profits, revenue, sales, customers, goodwill or anticipated savings; (d) security incidents or breaches, including those that began before, during or after our work, and related investigation, notification, credit monitoring, regulatory, fine, penalty or legal costs; (e) costs of substitute services; or (f) indirect, incidental, special, consequential, exemplary or punitive damages.
These limits apply to every legal theory, including contract, warranty, tort (including negligence), strict liability and statute, even if we were told such damages were possible and even if a remedy fails of its essential purpose. They are an essential basis of the bargain: our fees reflect them, and we would not provide services without them. They do not limit liability that cannot be limited by law, such as, in some jurisdictions, liability for fraud, gross negligence, willful misconduct or personal injury. Where a limit is not fully enforceable, our liability is limited to the greatest extent the law allows.
Time limit for claims. Any claim must be brought within one year after the work giving rise to it was performed, or it is permanently barred, to the extent the law allows.
13. Your responsibilities and indemnity
You are responsible for your systems, data, software licenses, backups, and your obligations to your own customers and regulators. You agree to defend, indemnify and hold harmless CVK Group LLC and its members, managers, employees, contractors and agents from any third-party claim, and related losses, costs and reasonable attorneys' fees, arising from: (a) your breach of these Terms or an Engagement Agreement; (b) any request that we access or work on systems you were not authorized to have us access; (c) data stored on, or processed by, your systems, including any security incident affecting it; or (d) claims by your customers, users or regulators relating to your systems or services, except to the extent finally determined to have been caused by our willful misconduct.
14. Governing law and disputes
These Terms are governed by the laws of the State of Wyoming, United States of America, without regard to its conflict of law principles. Any dispute arising under or in connection with these Terms will be resolved exclusively in the state or federal courts located in Wyoming, and you consent to the jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15. General
If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We are not liable for delays caused by events beyond our reasonable control. These Terms, with any Engagement Agreement, are the entire agreement between us about their subject.
16. Changes to these Terms
We may update these Terms by posting a new version here with a new effective date. Changes do not affect an Engagement Agreement already signed. Continuing to use the Website after a change means you accept the updated Terms.
17. Contact
CVK Group LLC, doing business as PHP Patch1309 Coffeen Avenue STE 3393
Sheridan, Wyoming 82801
United States
Phone: 307-655-1749
Email: hello@phppatch.net