Terms & Conditions of Monthly Maintenance

Monthly Maintenance Agreement

This agreement is between Coyote Holmberg (The Developer) and The Client, 

The Client is contracting The Developer as a provider of website maintenance services for the following domain:  https://yourdomainnamehere.com

Services not considered part of the ‘Monthly Maintenance Plan‘ are subject to be charged at the regular hourly rate of $50 and will not be considered part of this contract. The minimum charge for maintenance is $50, and any additional work that is included in this agreement will be charged at $50 per hour.

What IS included in this agreement:

Monthly Maintenance Plan Includes:

  • Weekly
    1. Backups
    2. Security Scans (Malware, Vulnerabilities, Web Trust)
  • Monthly
    1. Theme Updates
    2. Plugin Updates
    3. WordPress Core
    4. Performance Checks
    5. Uptime Monitoring
    6. SSL Certificate check & update
    7. 30 min of bug fixing based on above maintenance items
    8. Monthly Report outlining all work carried out.

What is NOT included in this agreement:

  • Website redesign, re-alignment or re-development to web pages, web site, and or web graphics on the website.
  • CMS design or integration of additional plugins including but not limited to blogs, shopping carts and web forums. These require a separate design agreement.
  • Cleaning or remedial action as a result of the site becoming hacked or a conflict arising from plugins / themes / core files.
    1. In the unlikely event that a restoration of a backup does not solve any technical issues (see bug fixing), The Developer is not responsible for cleaning a hacked or otherwise non-functioning website. The Developer will quote on any further remedial action at this point or suggest alternative measures.
    2. Shared hosting: The Developer will not be held liable or responsible in any way for any issues occurring to websites on the same shared hosting/ server as the domain to which the maintenance package applies.

Total Agreement:

The Developer shall provide The Client with minor updates as per the agreed Monthly Maintenance Plan to the web site.  The contract will be paid on a rolling month-to-month with the 1st payment due prior to any work being completed. Each subsequent payment will be due on the first of the calendar month and non-payment will result in that calendar month’s maintenance not being completed

During the duration of this contract, The Client agrees that The Developer will be the sole provider of maintenance services for the web site, and no other party will have access to or rights to change the web site. If a party other than The Developer makes changes to the web site, any errors that are created must be repaired and will be charged at the hourly rate specified above.

Deadlines & Deliverables:

The Developer will respond to all maintenance requests from The Client within 24 hours on weekdays and 48 hours on weekends, via email with a confirmation that the request was received, and an estimated completion date for each action item in the request. Maintenance requests received after 2:00pm EST may not be completed until the next business day unless prior arrangements have been made. Most work will be done within this time frame; this is mostly precautionary.

The Developer will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that The Developer has any issues in delivering on a quoted deadline, The Client will be notified via email regarding the reasoning for any change.

Additional Services:

Any revisions, additions or redesign The Client requests The Developer to perform that is not specified in this document shall be considered “additional” and will require separate agreement and payment. The Developer shall advise The Client on any requested work that falls within these bounds.

Authorization:

The Client hereby authorizes The Developer to access their web hosting account, providing active user name / password combinations for access to the server via FTP, assuring that ‘write permissions’ are in place on said hosting provider.

Legal:

The Developer will carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said,  The Developer can’t guarantee that work carried out will be error-free and so can’t be held liable to The Client  or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Your liability to us will similarly be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them. Finally, if any provision of this contract should be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom applicable therein.

By paying any part of the monthly maintenance invoice you are signifying agreement to the terms of this document “Web Maintenance Agreement”.

Signed by:
Coyote Holmberg
On Behalf of:
Coyote Holmberg – Freelance Web Design
Signature:

Date:

October 15, 2019

 

 

Signed by: On Behalf of:

Signature:

 

Date: