Website Maintenance Agreement

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From this document you will learn the answers to the following questions:

  • Is the cost of two hour maintenance required?

  • Who must have to pay for the extra work that the Provider has to provide?

  • What type of maintenance does the Provider charge for?

Transcription

1 Website Maintenance Agreement Peace of mind for your website, from 25 a month Overview Most businesses depend upon their website. To help ensure that your site is up and running at all times, two classes of maintenance available, designed to keep your website working smoothly, to help you manage the content and the design, and in the event of a problem to give you prioritised support. 1. Scheduled Maintenance: Service charge 25 per month Your website gets a check every month and essential updates are installed. It is the single-most effective way to guard against your site being hacked. You will be advised if further work is recommended. Emergency Assistance is available at 75 an hour (minimum 25) for all customers, but for those with a Scheduled Maintenance contract, you can get assistance at a reduced rate. For instance if your site is hacked you can get priority help with resolving the problem for 50 an hour. 2. Design & Content Amends: Service charge 45 per month Get up to an hour of design work or content editing each month. Design work including changes to menus, colours, positions of items, editing sliders, graphic elements and any other design-related issue. Content editing includes page editing, post editing, product editing and photo editing. If you were to pay for this time on an ad-hoc basis, the same amount of help would cost 75 with a minimum charge of 25.

2 Details Scheduled Maintenance: Service charge 25 per month On a monthly basis, Togethernet Ltd ( the Provider ) will log on to the website s dashboard and endeavour to carry out any necessary updates to plug-ins, the active theme and to the WordPress installation in order to keep the site functioning in the way it was designed. If it is not practicable or possible to update any one or more of the site s essential components, the Provider will use their best endeavours to either amend the components or replace the components with other similar components or take other steps to mitigate the problem. For example, if a contact form is no longer compatible with the latest version of WordPress, it will be replaced with one that is readily available and provides a similar function. Scheduled maintenance does not included recovery of a site that has been hacked or recovery of data lost due to any cause. The maintenance contract covers the cost of up to two hour s work each month for scheduled maintenance. This is normally sufficient however should the total amount of work in the month take longer than this, the Provider will notify the Customer of the extra cost involved and this will be invoiced for separately. Scheduled maintenance cannot be rolled over from month to month to accumulate a larger amount. If, while carrying out Scheduled Maintenance, it is necessary to install some software for which a licence fee is payable, this cost will be passed on to the Customer. Scheduled Maintenance will be conducted on or about the same day each month, during normal working hours, except during holiday closures. Emergency Assistance: reduced from 75ph to 50ph A customer who pays for Scheduled Maintenance may make a request at any time for the Provider to carry out additional maintenance operations necessary for the continued operation of the site. With this option, backup software must be installed on the website. This will make it easier to recover the site content if it is hacked. Examples of emergency assistance: To remove malware To restore the site to the most recent good backup if it has been hacked To investigate and address web hosting issues To install critical security updates immediately. If, while carrying out Emergency Assistance, the Provider finds it necessary to install software for which a licence fee is payable, this cost will be passed on to the Customer. To ensure a good response time, requests for Emergency Assistance will be prioritised over all work for clients without a maintenance contract, and carried out as soon as is practicable. However, Emergency Assistance may not always be carried

3 out during bank holidays or weekends, outside normal working hours or during holiday closures. The website must be in good working order at the time that the contract is started. Design & Content Amends: Service charge 45 per month Includes changes to menus, colours, positions of items, editing sliders, graphic elements. Includes page editing, post editing, product editing, photo editing. The maintenance contract covers the cost of up to one hour s work each month for design and/or content changes. A clear detailed written brief must be provided. Should the total amount of work briefed for any month take longer than one hour, the Provider will notify the Customer of the extra cost involved and this will be invoiced separately. Design & Content maintenance cannot be rolled over from month to month to accumulate a larger amount. To ensure a good response time, requests for design & content changes will be prioritised over work for clients without a maintenance contract. However, Design & Content amends will not normally be carried out over bank holidays or weekends, outside normal working hours or during holiday closures. Website availability During the time that maintenance is being carried out, the website may be unavailable. Exclusions Please see the attached Addendum for a non-exhaustive list of services that are not provided in this agreement. Requesting Maintenance Scheduled maintenance will be carried out without any need for the Customer to contact the Provider. All other types of maintenance must be requested by completing the online maintenance request form at:

4 Parties to the Agreement This agreement is made between: Togethernet Ltd (The Provider) And (The Customer) of (Address) 1. The Customer is the owner or is responsible for the upkeep of a website and wishes to ensure that the website is regularly maintained. The Customer hereby appoints the Provider to carry out this work under the terms of this agreement. 2. The URL of the website 3. Contract start date: Monthly Service Charge: The total monthly service charge is the sum of the charges for the types of maintenance chosen by the Customer, as defined in the schedule. Type of Maintenance Selected [ ] Cost per month Scheduled Maintenance: [ ] 25 Design & Content Amends: [ ] 45 (per hour required) Total Monthly Service Charge TOTAL 4. Variation: The monthly service charge may be varied at any time by giving one month s written notice (including by ). 5. Payment Schedule: To pay on contract start date: Two months service charge made up of the first month s service charge plus the final month s service charge. Payment by bank transfer or other method separately agreed. Subsequent payments: One month s service charge payable on the day of the month. 6. Cancellation: Either party may cancel the contract at any time by giving one month s written notice (including by ) to the other party. 7. Customer obligations:

5 The Customer will provide the Provider with: (a) such co-operation as is required by the Provider (acting reasonably) to enable the performance by the Provider of its obligations under this Agreement; and (b) all information and documents required by the Provider (acting reasonably) in connection with the provision of the Services. The Customer will be responsible for procuring any third party co-operation reasonably required by the Provider to enable the Provider to fulfil its obligations under this Agreement. In particular, the Customer will ensure that the Provider has full administrative access to the web server and to the website at all times in order that the Provider can carry out the work defined in this contract. The Customer agrees that the Provider may install any such software as the Provider deems necessary in order to carry out the maintenance functions. The Customer will keep all passwords for access to the website and the web server safe and secure. All passwords chosen and set must be strong containing at least 8 digits and a mix of letter and numerals, avoiding words and names found in dictionaries. A strong password can be generated at the website 8. Limitation and exclusions of Liability: The Provider will not be liable to the Customer in respect of any loss of profits, income, revenue, use, production or anticipated savings. The Provider will not be liable to the Customer for any loss of business, contracts or commercial opportunities. The Provider will not be liable to the Customer for any loss of or damage to goodwill or reputation. The Provider will not be liable to the Customer in respect of any special, indirect or consequential loss or damage. The Provider will not be liable to the Customer for any losses arising out of a Force Majeure Event. The Provider's liability to the Customer in relation to any event or series of related events will not exceed the greater of: (a) 300; and (b) the total amount paid and payable by the Customer to the Provider under the Agreement during the two month period immediately preceding the event or events giving rise to the claim. 9. This Agreement will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

6 The parties have indicated their acceptance of this Agreement by executing it below. EXECUTION: SIGNED by duly authorised for and on behalf of the Provider KEN RICHMAN... Date: SIGNED by [name of signatory] duly authorised for and on behalf of the Customer... Date:

7 Addendum For the sake of clarity, the following services do not form part of this contract. (This list is not meant to be exhaustive): Bespoke software development. If any aspect of maintenance requires any new software to be written, or for the software to be adapted by hand-editing its source code, this will be under a separate agreement. Setting up PCs and diagnosing problems on the Customer s PC etc. Any actions which require access to a computing device other than the web server hosting the website are not covered. For example, installing new browser software, changing settings on the Customer s desktop computer, installing apps on smartphones, configuring s to be received on the smartphones. Giving general advice e.g. on which software products to buy or what domains to register. While such advice might be freely volunteered, it is not a contractual obligation. Configuring new accounts on the web server, or making changes to settings on the web server or to DNS records. Backing up the website or any other data except as the normal part of maintenance. Resetting of passwords and other security measures where a straightforward method has been made available for the Customer to do this for him or herself. Any form of search engine optimisation, including adding keywords and descriptions to graphics and web pages. Purchase of domains and parking of domains other than the main domain associated with the website. Moving the website to a different server. Attending meetings to discuss any aspects of the site.

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