Website Hosting and Maintenance Terms
SCOPE OF SERVICES
Here’s what is included in your monthly retainer:
- Edit, revise, update or create new textural/minor graphical content.
- WordPress bug fixes and updates and plugin updates
- Consultation and guidance on using the website
- Monitoring of website uptime and performance tuning
- Security protection and monitoring
- Priority support when downtime or hacking, has been identified
- Priority change control
- Onsite and offsite backups full and database
So what is NOT included in this agreement?
- Website redesign, new frameworks or redevelopment equaling more than 15 minutes of development work or change to a webpage, website or web graphics.
- New Blogs, syndications, API integration, mobile applications, or eCommerce shopping carts that would require a new proposal/agreement.
Note: We’ll provide up to the total number of tasks of hours in your service agreement each month. If any requested changes will take more than the budgeted hours, we’ll provide a separate quote that will need to be paid on top of the retainer.
1.0 Services Rendered
B1 Creative shall provide the client with minor updates to their website, along with server and hosting support. The contract will be paid annually unless otherwise agreed. During the duration of the Agreement, B1 Creative shall be the sole provider of maintenance services on the WordPress installation, and on the web server. If any party other than B1 Creative makes changes to the website, any errors that are created must be repaired and will be charged at our published hourly rate, and is not included within our maintenance agreement. Minor updates should not exceed changes equaling more than 15 minutes of development to a single page. If in question, the proposed development time is determined by B1 Creative.
Changes and revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind or make decisions later when you might be better informed. The price at the beginning of this agreement is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for to cover the additional work. Any additional work does not supersede this agreement unless clearly stated in writing by both parties.
We will take all reasonable care to check all work but can’t guarantee that our work will be error-free so we can’t be liable to you 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. Many of the products that we use (WordPress) and associated programs (WordPress plugins) are provided as-is and without warranty and often without support. B1 Creative cannot guarantee future health or fitness of any open source software or third party programs.
2.0 Mutual Cooperation
We agree to use our best efforts to fulfil and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.
3.0 Charges for Services Performed
Requests above and beyond our monthly budget may be considered out-of-scope and an amendment to the budget will be recommended.
4.0 Terms of Payment
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep services active, so you agree to stick to the agreed payment schedule.
If you are late in making a payment under this Agreement for 30 consecutive days or more, we reserve the right to pass your Customer Agreement to a reputable debt recovery company and you shall reimburse us on demand for all costs, expenses and losses associated therewith (including lost profit) or enter the court process to recover payments due if necessary.
Additionally, invoices outstanding for over 30 days are subject to a £100 fee as is allowed under the legislation for late commercial payments and ongoing interest at 8% above the Bank of England base rate.
5.0 Term and Termination
By entering into a contract you also acknowledge your understanding that once this agreement has commenced it is scheduled to run for 12 months and may not be cancelled except where the terms and conditions allow. After 11 months has passed either party can terminate it by giving not less than one full months’ notice. In the event notice is not served and this agreement continues beyond 12 months then it will do so on a rolling 12-month basis where either party can give 60 days’ notice to terminate no later than the commencement of month 10. In this instance both parties will continue to be bound by these terms.
6.0 Representations and Warranties
The person entering into this agreement acknowledges that they are authorised to do so and may bind The Customer to all the terms and conditions contained herein and represents and warrants that they are acting within the scope their authority as an officer, director or duly authorised agent or employee of The Customer.
7.0 Hosting Service(s)
B1 Creative will use reasonable efforts to maintain availability of service but do not guarantee that the Hosting Service(s) will be fault free. Any fault found with the Hosting Service(s) must be reported as soon as possible to us by either by telephone or email. The Client accepts that the Hosting Service(s) may be subject to downtime caused by scheduled or emergency maintenance or repair.
The Client is responsible for keeping secure the login name and password to their area on the site and the integrity of their data.
The Client agrees not to use the Hosting Service(s) to;
- Upload any virus, trojan or malware which could infect the server(s) or any other machines or allow anyone to store or download infected files;
- Publish or disseminate defamatory material or any material which could be in breach of the civil or criminal laws of England and Wales;
- Gain access to any information or resources of a third party without permission;
- Send unsolicited or spam e-mail;
- Reduce the performance of server(s) to the detriment of other users;
- Upload any material which, in the sole discretion of B1 Creative, may be contrary to public decency and morality including (but not limited to) hate content, pornography or overtly tasteless material. The Client accepts that the Agency may inspect the server(s) at any time and, if any such material has been uploaded, is being linked to or has been transmitted, may immediately terminate the Hosting Service(s) without any renumeration to the client.
B1 Creative reserves the right to add, improve, modify or deactivate individual features, applications, scripts and programs as necessary in the interests of technical progress, security or availability of technical support to ensure the stable operation and integrity of the Hosting Service(s). The Client agrees to cooperate and be responsible for managing any related adjustments to the Hosting Service(s) if requested to do so.
B1 Creative shall take reasonable steps to ensure that any deactivation of individual features, applications, scripts or programs will not result in changes to a core function.
B1 Creative is not liable for any loss, claim or damage caused by;
- Failure of backup;
- Failure by the Client to maintain and store access credentials;
- Failure of supply of the Hosting Service(s) within a specific timescale;
- Scheduled or emergency downtime;
- Corruption and/or loss of data or code;
- Unauthorised access to the Hosting Service(s).
8.0 Entire Agreement
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.