Supplemental Terms for Newspack
Last Updated: October 9, 2022
Thanks for your interest in Newspack! Newspack is one of our Services as defined in our Terms of Service (“Terms”), and these are supplemental terms that apply to your use of Newspack. If you don’t agree with any of these terms, you may not use Automattic Inc.’s Hosted Newspack Solution.
1. Service Levels
(a) Subject to these terms, and excluding downtime for regularly scheduled maintenance, maintenance requested by you, and outages of third-party connections and/or utilities beyond our reasonable control, we guarantee Newspack will be available 99.9% of the time during any rolling thirty (30) day period (“Availability Objective”).
(b) If we fail to fulfill the Availability Objective, we’ll provide you a service credit equivalent to your Newspack fees payable for the month in which the failure occurred, provided that you request the service credit in writing to your account manager within 30 days of the end of that month. These service credits may only be used to offset fees payable by you for Newspack and are nonrefundable. These service credits are your sole and exclusive remedy for any failure by Automattic to fulfill the Availability Objective.
2. Newspack fees
We offer Newspack as a Paid Service with varying fees that are determined by the total annual revenue you forecast your publication or brand will generate (inclusive of non-digital platforms) during the budget year in which the service is active. Publications generating less than $250,000 in annual revenue will pay $750 per month for Newspack. Publications generating between $250,000 and $499,999 in annual revenue will pay $1,500 per month for Newspack. Publications generating between $500,000 and $1,000,000 in annual revenue will pay $2,500 per month for Newspack. Upon our request, you will provide reasonable written documentation and evidence demonstrating your publication’s actual plus forecasted revenue for the current budget year and actual revenue for the preceding budget year. You represent and warrant that all revenue information you provide is accurate and up to date. If you initially qualify for a lower tier price, you will notify us if your publication subsequently exceeds the annual revenue threshold for that tier. We reserve the right to charge you a higher-tier price for each month in which we discover that your revenue for the prior budget year exceeded the prior threshold.
3. Recurring payments
A non-refundable pre-payment is due upon signing the Supplemental Terms for Newspack. Thereafter, we charge Newspack fees as a recurring Paid Service. The first recurring payment is due upon launch (at which time a credit is issued for the pre-payment) and renews automatically each month thereafter. Therefore, Section 5(a) of our Terms applies, except the paragraph titled “Cancelling your Automatic Renewal.” Instead, you must contact your designated account manager at least 30 days prior to the start of your next billing cycle to cancel your Newspack subscription.
4. Aggregate data
5. Data from Third Party Services. By providing us access to accounts you have with third party services (such as your Facebook, Stripe, Mailchimp, Google, and other accounts), you consent to (a) our collection and use of data accessible from those accounts, and (b) our disclosure of that data in an aggregated and de-identified form to provide and improve Newspack Services. You represent and warrant that your provision of data to us is compliant with all applicable laws, and if applicable, you have obtained and provided any legally required consents and notices.
Newspack supports integrations with certain advertising programs and partners. You are solely responsible for complying with all applicable laws and third-party agreements in connection with your use of these programs and partners, including by providing all notices and obtaining all consents required by applicable law.
These terms may only be modified by a written amendment signed by an authorized executive of Automattic, or by the posting by Automattic of a revised version. If we make changes, we will let you know by updating the date at the top of these terms and in some cases by providing additional notice, such as by posting on one of our blogs or sending you an email or other communication. Unless we notify you otherwise, the new terms will take effect immediately upon being updated. If you disagree with our changes, then you must stop using Automattic Inc.’s Hosted Newspack Solution. Any dispute that arose before the changes were in effect shall be governed by the version of terms that were in effect when the dispute arose.
8. Relationship to terms
Your use of Newspack is subject to these supplemental terms in addition to our Terms. These terms are incorporated by reference into and form part of the Terms. If there is any conflict between these supplemental terms and our Terms, these supplemental terms will take precedence solely to the extent of the conflict. Except as amended by these supplemental terms, the Terms remain in full force and effect, including, without limitation, the limitations of liability, disclaimers, dispute resolution and indemnification provisions. If we capitalize and don’t otherwise define words in these supplemental terms, then the definitions in our Terms apply.