Website Maintenance and Website Hosting Services Agreement
1. Definition Of Terms
2. Services Provided
3. Service Plans
4. Account Access
5. Assignment Of Work
6. Copyrights And Trademarks
8. Laws Affecting Electronic Commerce
11. Entire Understanding
The Webmaster – refers to [Web Design Agency], its agents and authorized representatives which are also referred to using “we”, “us”, ”our” and “ours”.
The Client – refers to [Client Name], its agents and authorized representatives which are also referred to using “they”, “them”, “their” and “theirs”.
Host – the company on whose system the Website physically resides.
Content – refers to all text, pictures, sound, graphics, video, links, and other data stored by The Client at the host computers.
Website – refers to the pages presenting the Content stored by The Client at the host computers.
The Work – the subject matter of the contract between The Client and The Webmaster.
2. SERVICES PROVIDED
The Client is contracting The Webmaster as an independent contractor for website maintenance or website hosting. This includes updating software on a monthly or as-needed basis, fixing errors, and simple modifications to scripts, templates, applications, and databases.
Maintenance does not changes to the design and functionality of the website. Changes to design and functionality will be quoted on an individual basis by The Webmaster unless previously agreed to in writing between The Client and The Webmaster.
Included with the Alpine Creative Monthly Performance & Security Plan:
Service begins from the date payment is received. The Client is charged for services rendered as stated herein. The cost for the Alpine Creative Monthly Performance & Security Plan is $29.99/mo, billed quarterly. This price is subject to change, but client will be notified at least 30 days in advance of any change.
• Updates of WordPress plugins, themes, and core – Security updates will be completed as soon as The Webmaster is aware of the need for the update. Non-critical updates that do not effect functionality will be completed once a month. If the update will effect functionality or the appearance of the site, the update will be planned in advanced so proper testing and changes to code can be made in a timely manner to prevent data loss or downtime for the site.
• Checking error log on the server – This will be done once a month or as needed to troubleshoot issues. The error log can reveal problems with the site functionality that might otherwise go unnoticed but may effect the overall website performance.
• Confirming backups – Backup archives will be checked each month, old backups deleted, and backup transfers confirmed. Both the database and the full-content of the website will be backed up. If the site is too large for a full backup, then one full backup will be created and stored, and subsequent backups will be of only new content.
• Optimizing database – A plugin will be installed and scheduled to run weekly database optimization to delete old post revisions, check for errors in the database, and update the database tables.
• Verifying caching – Once a month, the caching plugin, if used, will be checked to be sure pages are being cached correctly and being emptied regularly according to the settings of the plugin.
• Addressing client requests – Specific client requests will be responded to as needed throughout the month.
• Update and use of premium plugins and themes – including Gravity Forms (plugin) and BackupBuddy (plugin) and Jump Start (theme) – Other premium plugins or themes may be billed separately to the client as required by the plugin developer.
• Checking 404 Error logs and broken links – 301 redirects will be entered each month as needed and broken links will be fixed, unless The Client chooses to monitor these separately.
• Up to 30 mins. consultation time per month – that can include discussion of design/development, user interface/experience strategy, search engine optimization or client training on site functionality.
* Not included in the Alpine Creative Monthly Performance & Security Plan are changes to design or functionality of the website. This includes addition to or modification of graphics, images, layout or text content. Alpine Creative will be happy to provide clients with a quote for changes to design and/or functionality separate from this agreement.
Included with the Alpine Creative Website Hosting Service:
Service begins from the date payment is received. The Client is charged for services rendered as stated herein. The cost for the Alpine Creative Website Hosting Plan is $19.99/mo, billed annually. This price is subject to change, but client will be notified at least 30 days in advance of any change.
Alpine Creative leases server space from a reputable and reliable third party hosting services and ensures that server configuration are managed to provide the highest performance and security available for shared server configurations.
4. ACCOUNT ACCESS
The Client agrees to provide The Webmaster full ftp and secure shell access to the hosting computers. The Client understands that some website changes may require a change in hosting services which is not covered by this agreement.
5. ASSIGNMENT OF WORK
The Webmaster reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion.
6. COPYRIGHTS AND TRADEMARKS
The Client represents to The Webmaster and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to The Webmaster for inclusion in The Client’s website are owned by the Client, or that The Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend The Webmaster and its subcontractors from any claim or suit arising from the use of such elements furnished by The Client.
The Client agrees that it shall defend, indemnify, save and hold The Webmaster harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with The Webmaster’s maintenance of The Client’s website. This includes liabilities asserted against The Webmaster, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by The Client, its agents, employees or assigns.
The Client also agrees to defend, indemnify and hold harmless The Webmaster against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over The Client’s website. This includes infringing upon on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
The Webmaster, its employees and subcontractors will take every precaution to safeguard client’s data, but this contract does not provide expressed or implied warranties around loss of data.
8. LAWS AFFECTING ELECTRONIC COMMERCE
The Client agrees that The Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend The Webmaster and its subcontractors from any claim, suit, penalty, tax, or tariff arising from The Client’s use of Internet electronic commerce.
The Webmaster, its employees and subcontractors agree that, except as directed by The Client, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Likewise, The Client agrees that it will not convey any confidential information obtained about the Webmaster to another party.
If any of the provisions of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the party shall be construed and enforced accordingly, to effectuate the essential intent and purposes of this Agreement.
11 CHOICE OF LAW
This contract shall be governed and construed in accordance with the laws of Colorado, excluding that State’s choiceof- law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Colorado, excluding that State’s choice-of-law principles.
If The Client desires to cancel the Alpine Creative Monthly Performance & Security Plan, notice must be given in writing via email 30 days prior to the next plan renewal date.