Website Maintenance

Elect Maintenance Under this agreement Service Provider monitors and updates plugins, themes, and WordPress versions on all sites we manage weekly. Monitor broken links, setup daily site backups, and respond incase something breaks on the site due to plugin conflicts or maintenance breaks. This process ensures that your site remains secure and working.

Does Not Elect Maintenance Under this agreement Service Provider will make the sure the site is updated and functioning 100% as of the launch date approved in writing by the Client. Client will be given video instructions on how to maintain the site and should do so on a schedule to ensure safety and security of your site. Service Provider is not responsible for the website once changes or updates have been made after the site goes live or outside a 60-day window of the site being launched whichever comes first.

Elect Accessibility If this service is elected Client must sign up for your software account at Accessibe. https://accessibe.com/a/v4pkecg This service runs about $500 a year and you will own your own license. We will install the software on your site and ensure it stays updated with your Maintenance plan elected above. This software makes your site accessible for over 30 recognized disabilities. You can see and example of this at https://myclonesolution.com

Does Not Elect Accessibility If this service is declined Service Provider is not responsible for any accessibility compliance according to ADA, WCAG or any other accessibility standards that may be recognized as legal. Website accessibility is not a crime however it doesn't stop lawsuits from being served on behalf of those who can not utilize your website based on a disability. We do not design websites for all accessibility factors because typical clients do not want a website that looks like the DMV, nor do they have the budget for upkeep with changing rules and regulations. The most effective solution is the software election above.

Elect Retainer If this service is elected Service Provider will be available for any site edits requested by the Client including but not limited to uploading of posts, page creation, image or video updates, and general requested edits. Content creation, stock image purchases and copywriting are not included in this service and would require a separate project and agreement. This discounted rate is 30% off standard hourly rates.

Does Not Elect Retainer Standard prevailing hourly rates apply when changes or updates are needed on the site. Time is charged in 15 minute increments and billed on the first of the month.

2.0 Length of Service

This scope of work and payment is designed to be preformed monthly until the cancellation clause is enacted or another agreement replaces this one.

3.0 Payment

‌The total price for this scope is listed below. Your Payment term agreement is: Client agrees to a Amount monthly payment to complete the monthly scope of work listed above.

3.1 Form Of Payment Auto Debit On Schedule If Client wants us to manage payments on a the agreed schedule please complete the payment authorization form at the end of this agreement. This will allow us to send you invoices per section 2 of this agreement. AMEX, Discover, MasterCard and VISA credit cards are accepted through Stripe Payments on Auto Debit. There is a 3% credit card fee for use of credit that is already included in the pricing. If payment is not received per the above; work shall cease and any current work will be forfeited until payment resumes. Payments rendered are considered fully earned and non-refundable.

4.0 Additional Work

Client understands that additional work beyond the scope of this Agreement must be negotiated separately and will require a separate Agreement or written consent of scope change. Services requested by Client and provided by Service Provider that do not fall within the scope of this Agreement will be billed separately at the full standard rates according to service category with payment due upon receipt of invoice.
5.0 Client Responsibilities

Client understands that Service Provider is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Due to the nature of the relationship, Client understands the importance of communication, especially via email, and agrees to respond to questions, requests and communications from Service Provider in a timely manner. Client understands that Service Provider is a business with other Clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunication on the part of Client will not constitute an emergency for Service Provider. Client understands that Service Provider may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.
6.0 Office Hours and Communication

Office hours are Monday through Friday 9 A.M. to 5 P.M. (EST). Email is to be the primary form of communication between Client and Service Provider. Service Provider is available for phone calls during office hours only. Occasional calls of only a few minutes in duration are included in your retainer agreement package. Cancellation of appointments or scheduled phone calls require a minimum of 24 hours advance notice. Missed meetings or cancellations without sufficient notice will be billed to Client. Any client specific digressions from this policy will be outlined as part of the services paragraph on page one of this agreement.
7.0 Projects Completion

Monthly maintenance is done weekly on Monday. Any additional service requests require a 1 business day turn around time. If the request will take more than 1 day we will let you know.
8.0 Late Payments.

Payments not received by due date may result in work cessation. Service Provider reserves the right to refuse completion or delivery of work until past due balances are paid.
9.0 Accuracy of Information

Client agrees that the accuracy of information supplied to Service Provider is the sole responsibility of Client, and that Service Provider is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client. Service Provider is not responsible for errors or omissions.
10.0 Indemnification and Release of Liability

10.1. Client shall indemnify, defend and save Service Provider harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Service Provider’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operations of Client, and from liability for injuries suffered by any person relating to the Client. 10.2. All reasonable precautions will be taken to safeguard the property entrusted to Service Provider. In the absence of negligence, however, Service Provider will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorized use by others of such property. Service Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Service Provider will not be held liable for typographical omissions or errors.
11.0 Termination

The relationship may be terminated by either party for any reason with 30 (thirty) business days advance written notice of intent to cancel. All fees are due in full for the intended month of cancellation if proper notice is not provided. Work that has already been started regardless of completion is still considered debt to the Service Provider and must be paid in full in the terms of the payment plan that is agreed upon.
12.0 Expiration and Modification.

This Agreement shall remain in effect until such time as one or the other Party provides written notice of cancellation. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument signed by both Parties will modify or amend this Agreement.
13.0 No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
14.0 Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida.
15.0 Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.
16.0 Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.
17.0 Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
18.0 Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
19.0 Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.
20.0 Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated.