By subscribing to a Website Care Plan package with Agate Fire Creative LLC “COMPANY”,”WE”, “US”, you our client “CLIENT”, “YOU”, “YOUR” confirm that you are in agreement with and bound by the terms and conditions below.
WEBSITE CARE PLAN INCLUDES
- Web hosting cPanel account on our Managed VPS server – managed by a professional third-party
- Free basic SSL Certificate
- Secure off-site backups of both your database and website files at frequency defined by your selected package
- Security, malware and blacklist monitoring
- Software updates to PHP version, WordPress core, plugins, themes and security
- If after or during updates to WordPress Core, Themes, Plugins or PHP are performed it is determined that one or more of the updates caused problems for the overall functioning of the website, then the site will be ‘rolled back’ to the state before the updates were performed using the latest website backup. COMPANY will then contact the CLIENT to discuss options to remedy the issue.
- Monthly website maintenance report
- Use of COMPANY Developer’s Licenses for premium plugins as deemed necessary by COMPANY
- Additional services as defined by your package at time of purchase such as uptime monitoring disaster recovery. optimization, analytics reporting phone support, etc.
WEBSITE CARE PLAN DOES NOT INCLUDE
- Addition or editing of pages, posts, forms, menus, etc.
- Addition of new features to the website or modification of existing features
- Changes to the design of the website
- Installation of new WordPress plugins, themes, or integrations
- Search Engine Optimization
- Third-party SSL certificate installation and maintenance
- Domain name changes
- Integrations or support of existing integrations and third-party plugins
- Repair of website issues caused by CLIENT or its subcontractors
- Repair of website issues caused by updates or plugin conflicts
- Loading or formatting of e-commerce products
- Interpretation of analytics or page speed insights
- Use of COMPANY Developer’s Licenses for premium plugins after Care Plan is terminated
Any work required to remedy an issue where a change or update caused problems to the overall functioning of the website will be discussed with you beforehand. Work expected to take more than a few minutes will be charged separately at our standard hourly rate once approved by CLIENT.
CLIENT RESPONSIBILITIES
CLIENT agrees to:
- Provide COMPANY with an Administrator account on website
- Provide login information for website Domain and Hosting – if not provided by Agate Fire
- Allow installation of any necessary WordPress plugins for maintenance and security
- Not deactivate, delete or alter COMPANY’s website maintenance and security plugins
Studies have shown that one of the most common ways that hackers gain access to websites is through key-logging programs installed on the infected computers of users. You agree to protect any computer that will log into the website by:
- Installing and maintaining updated security/antivirus software
- Using the most up-to-date version of your preferred web browser
- Keeping the operating system patched with recommended updates
- Keeping versions of other installed software up to date if they are installed
- You also agree to use a strong password (as shown by the WordPress password indicator) for any account you use to log in and edit your website, and that this password will only be used on your website
SERVICE REQUESTS
Our normal response time is typically one business day or less, though our response time may vary. We do not work on weekends or holidays and occasionally take a vacation. Support tickets and email are the primary means of communication accepted for our work together. We do not consider phone, text message, social media, or other instant/private messaging (like Facebook Messenger, Slack) official support communication since we cannot track these requests as a team.
It is CLIENT’s responsibility to notify COMPANY of any technical issues on the website and request service to remedy issues by submitting a support ticket. The COMPANY will carry out work only where a written request is provided.
In the event of a true emergency, CLIENT should submit a support ticket with URGENT priority.
“Emergency” Service Requests are defined as follows:
- Hack or disaster recovery request
- Errors that render the site inaccessible (502, 504, White Screen of Death, etc.)
The following Service Requests are NOT considered an “Emergency”:
- PHP errors where the site is still accessible.
- Changes to existing website content including text, images, pages, forms, menus etc.
- Slow load times
- Website login issues
- Website store customer issues
PAYMENT AGREEMENT
Your Care Plan invoice will be automatically issued on the same day every month. The invoice is due upon receipt paid via subscription billing. If after 15 days of non-payment you will receive notice of past-due invoice. After 21 days of non-payment, we reserve the right to suspend your website from public view until all outstanding bills are current. In order to restore service, you will have to bring all outstanding bills current and update subscription billing.
After 90 days non-payment this agreement will be considered terminated, and we will not be required to provide you with a backup of your site. Please note you can request a backup at any time during our engagement as long as your account is in good standing.
CANCELLATION
This agreement remains in effect until either party cancels it.
CLIENT may cancel their Website Care Plan Support subscription at any time by providing a written notice via email. No refunds will be given on amounts you have already paid, and service will continue through the end of the term in which the cancellation was made. COMPANY reserves the right to cancel this agreement at any time, for any reason. Should COMPANY decide to cancel this agreement, you will be sent a cancellation notice via email.
REFUSAL OF SERVICE
Agate Fire Creative LLC reserves the right to refuse service to any individual, business, organization, website, or blog that contains offensive, obscene, hateful, malicious content or any other reason as deemed by COMPANY.
INDEPENDENT CONTRACTOR
It is understood and agreed that COMPANY is acting as an independent contractor in the performance of the services hereunder, and nothing herein contained shall be deemed to create an agency relationship between COMPANY and CLIENT.
STANDARD HOURLY RATE
Throughout this document, reference is made to our standard hourly rate. This rate is defined as our hourly rate that is in place at the time a service is requested, not at the time this agreement is made or signed. We will provide you with our standard hourly rate upon request.
CONFIDENTIAL AND PROPRIETARY INFORMATION
Each party acknowledges that information disclosed to it by the other in connection with this agreement is confidential and proprietary and that it shall remain the property of the disclosing party. The receiving party shall take all reasonable and necessary precautions to prevent such information from being made known or disclosed to any person or entity except in accordance with this engagement.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
CLIENT warrants that COMPANY’s use of any and all materials furnished by CLIENT hereunder will not violate or conflict with any U.S. intellectual property rights of any third persons including, but not limited to, copyrights, patent and trademarks. COMPANY warrants that the deliverables and all work products created for and provided to CLIENT by COMPANY will not violate or conflict with any U.S. intellectual property rights of any third persons including, but not limited to, copyrights, patents and trademarks. COMPANY further warrants that all services will be performed in a professional and workmanlike manner. COMPANY makes no warranty with respect to third party rights in any materials furnished to COMPANY by CLIENT. Except as set forth in this paragraph, neither party makes any express or implied representation or warranties, including–but not limited to–implied warranties of merchantability and fitness for a particular purpose.
Neither party shall be liable hereunder for special, indirect, consequential or incidental losses or damages of any kind or nature whatsoever, including but not limited to lost profits, lost records or data, lost savings, loss of use of facility or equipment, loss by reason of facility shutdown or non-operation or increased expense of operations, or other costs, charges, penalties, or liquidated damages, regardless of whether arising from breach of contract, warranty, tort, strict liability or otherwise, even if advised of the possibility of such loss or damage, or if such loss or damage could have been reasonably foreseen.
Except as otherwise expressly provided herein, damages shall be CLIENT’s exclusive remedy hereunder and COMPANY’s liability hereunder, regardless of the form of action, shall not exceed the total amount of fees collected on the customer’s account in the last six months. The COMPANY’s liability shall not be so limited with respect to injuries to persons or damage to tangible property arising out of the negligence or willful misconduct of COMPANY or its subcontractors.
While performing tasks related to this contract COMPANY cannot accept liability for losses caused by the unavailability, malfunction, or interruption of the CLIENT’s website. COMPANY cannot guarantee that its work will be error-free and so COMPANY also cannot be liable to the CLIENT or any third party for damages, including lost profits, lost savings or other incidental, consequential, or special damages arising out of the operation of or inability to operate this website and any other web pages, even if the CLIENT has advised COMPANY of the possibilities of such damages.
No action, regardless of form, arising under this Agreement, may be brought more than one year after the cause of action has arisen.
DISPUTE RESOLUTION
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. CLIENT shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the COMPANY. All actions, whether brought by CLIENT or by COMPANY will be filed in Marathon County, Wisconsin. This agreement is held accountable to the legal system of the State of Wisconsin and any applicable statutes held therein.