Monthly Web Maintenance Contract


Monthly Web Maintenance Agreement

This agreement is between Tribe of Diamonds (Company/Developer) and you (Client.)

Client is contracting Company/Developer as a provider of monthly standard web site maintenance services at a cost of $125 per month, which includes one hour of standard web maintenance per month. Services not considered 'standard web site maintenance' are subject to be charged at a regular hourly rate of $150, and will not be considered part of this contract. 

Client Acknowledgements

Client understands, acknowledges and agrees that:

  • Client understands that all work for monthly maintenance tasks will be scheduled according to Company/Developer workflow. Web site updates that count towards your monthly time allowance are done on a first come first serve basis, except in the case of a total website down issue, which would be considered an “emergency.”
  • Failure by Client to answer a question critical to the completion of a task within 5 business days may cause that task to be and moved to the “end of the line” in our work queue. 
  • The amount of time allocated for updates to text, images, and other minor changes, is one hour per month and will be billed against the contract in fifteen (15) minute increments.
  • Once the time allocated in their Maintenance Package has been reached for the month, any unfinished tasks on the Client’s task list will be rolled into the next month for processing.
  • All monthly updates will completed within two business days of receipt of the maintenance request, assuming that Company/Developer has received all materials required to complete the request.
  • Should the Client wish to have additional tasks completed in the same month, they will be billed on an hourly basis of $150 per hour.
  • Unused time is not accumulative and does not transfer from month to month. Maintenance Services time is strictly month to month.

 

1. AUTHORIZATION

With your payment, you are engaging Company/Developer as a Website Maintenance Contractor for the specific project of updating website content on the Clients existing website. Client agrees to allow access to the client's web site, store, server, file directory, or any other directories or programs or sites which need to be accessed for maintenance and control including if needed domain management.

 

2. MAINTENANCE TERMS

For all maintenance plans or options, the terms of this agreement are month to month, automatically renewable unless cancelled by the client. Client will be billed for plan chosen regardless of actual hours used. Unused hours do not roll over into the next month, or cannot be pulled from future months. No refunds are issued for unused time.

Any additional hours over the plan hours included will be billed at $150.00 per hour.

Company/Developer reserves the right to terminate this agreement at any time for any reason without any prior knowledge and will do so in writing by electronic mail and/or postal letter to the client.

This agreement includes ensuring the health of website, database, and other software or programs installed on client’s website. If the client or any third party other than developer or approved subcontractors attempts to access or accesses the server, or website and makes changes to the website, database, server or software or scripts on client website; time to repair and/or restore the website, databases or any other script on the clients website will be billed at the current hourly rate and is not included in the maintenance plan.

The Monthly Maintenance Agreement commences 48 hours following the receipt of the first payment and renews monthly.

 

3. MAINTENANCE SCOPE

What IS included in this agreement:

  1. Edit, revise, update or create new textual/minor graphical content.
  2. Consultation, and guidance on the use of the web site.
  3. On-page SEO such as Meta tags (title, description, keywords), alt tag, h1, h2, h3.
  4. Regular monitoring and updating to ensure impeccable performance across all major browsers due to the fact that not all browsers render sites in the same way.
  5. Regular and thorough backups of your site so that it may be fully restored in case of loss.
  6. Monitoring your website functionality to ensure that everything is working as it should and upgrade where necessary. Some plugins may become outdated and no longer work with the newest version of your website software. Plugins may need upgrading to accommodate the newer version, or become obsolete with the improvements in the website software.
  7. Downtime is highly inconvenient for any website owner and when it happens it is important to have someone on hand to help. We can assist you by liaising with the hosting company to sort out the situation as quickly as possible.

*When your site is offline you need immediate technical support, We ensure that option is available and deal with any issues ourselves so you don’t have to.

What is NOT included in this agreement:

  1. Web site redesign, re-alignment or re-development equalling more than 50% change to web page, web site, web graphics on the website (i.e. 4 graphics on website, and you want 3 changed, there is a charge for anything above 2, meaning 50%)
  2. CMS design or integration including but not limited to blogs, shopping carts and web forums. These require a separate design agreement.

 

4. PAYMENT OF FEES

An attempt to process a payment will occur monthly, on or about the anniversary date of the initial payment. If the payment attempt is not successful, this agreement will be considered voided, and the Company/Developer will not be liable for performing services under the agreement.

 

5. ASSIGNMENT OF PROJECT

Company/Developer reserves the right to consult with or assign contractors and/or subcontractors to any project to insure the right fit for the job, on time completion or any other reason deemed necessary by developer. Company/Developer agrees to only use professional assistance when needed.

 

6. LEGAL TERMS

Company/Developer does not warrant that the functions contained in these web pages or the Internet website, shopping cart, merchant accounts, databases or any other component, software or hardware or service will meet the client's requirements or that the operation of the web pages and website or any other component or service will be uninterrupted or error-free.

The entire risk as to the quality and performance of the web pages and website or any other component or service is with Client. In no event will Company/Developer be liable to the Client and/or clients customers or vendors or any affiliates or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website or services, even if developer has been advised of the possibility of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

7. WARRANTIES AND LIABILITY

Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or Company/Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless Company/Developer from any claim resulting from the Client's publication of material or use of those materials. It is also understood that the Client will not publish information over the Internet which may be used by another party to harm another. Company/Developer does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. Company/Developer is not to be held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond Company/Developer control.

 

8. LAWS AFFECTING ECOMMERCE

The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Company/Developer and it's subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's use of Internet electronic commerce.

 

9. INDEMNIFICATION

Client agrees that it shall defend, indemnify, save and hold Company/Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with Company/Developer's activities in maintaining the Client's web site.

This includes Liabilities asserted against Company/Developer, 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, employee or assigns. Client also agrees to defend, indemnify and hold harmless Company/Developer 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 web site.

This also includes infringing 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.

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Signature Certificate
Document name: Monthly Web Maintenance Contract
lock iconUnique Document ID: f90af28226f0269683c89e06383310f0c404a690
Timestamp Audit
February 6, 2022 2:13 pm MDTMonthly Web Maintenance Contract Uploaded by Don Hajicek - don@tribeofdiamonds.com IP 73.95.169.149