Monthly Maintenance Terms of Service
Services Provided ‘Client’ is contracting ‘Provider’ to provide web site maintenance. This includes adding new pages and posts, editing existing pages and simple modifications to scripts, templates, applications and databases, creating email marketing campaigns, managing social media interaction.
Services Excluded Unless previously agreed to in writing web site maintenance does NOT include website redesign, custom images or artwork, custom script design. Also excluded are hosting fees, ecommerce related services or fees, like credit card processing fees or shopping cart purchase or rental, SSL certificate costs, domain name registration and services provided by any 3rd party. These items would need to be quoted on an individual basis and billed after an agreement is made.
Additional Charges ‘Client’ is responsible for license fees for any 3rd party images, programs or scripts. ‘Client’ can pay for these directly or with ‘Client’ approval ‘Provider’ can license them and bill the cost to implement the program in question to the ‘Client’. ‘Client’ is responsible for and agrees to pay all local, state and federal sales taxes due for these additional fees.
Copyright and Trademarks The ‘Client’ represents to ‘Provider’ and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ‘Provider’ for inclusion in web site 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 ‘Provider’ from any claim or suit arising from the use of such elements furnished by the ‘Client’.
All graphics, photos and text provided by ‘Provider’ are property of ‘Provider’ and may not be used in any media outside the single web site without permission or transfer of rights specified in writing between ‘Provider’ and ‘Client’.
‘Provider’ guarantees that they have received the proper rights and/or licenses for any text, graphics, photos, designs, trademarks or other artwork to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both ‘Client’ and ‘Provider’ that such statement shall remain on the website so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the web site, unless ‘Client’ receives direct authorization from the 3rd party. It is the responsibility of ‘Client’ to make sure that required source acknowledgements are placed with appropriate elements.
Copyright to the finished assembled work of individual web site pages produced and designed by ‘Provider’ is owned by ‘Provider’. This ownership is to include rights to the design, any photos or graphics supplied by ‘Provider’, source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the ‘Client’ is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site.
Client’ agrees to the placement of a small link to at the bottom of their home page advising visitors that the site is maintained by ‘Provider’. Link shall go to ‘Provider’ website home page or another page of ‘Provider’ choosing advising visitors about ‘Provider’s’ website maintenance services. Link shall stay in place while changes made by ‘Provider’ are used by ‘Client’.
Service Plans All service plans are prepaid and all prepaid time expires 1 month after the payment date. Any time not used within this 1 month windows will expire. There is no rollover of prepaid time to the next billing period and no refunds or credits will be issued for expired time. Time not used is non-transferrable. All website maintenance plans have a minimum billing charge of 1 hour. All maintenance requests have a minimum time charge of ½ hour with all additional time charged to the nearest ¼ hour. If the maintenance work requested exceeds prepaid time, any additional time will be billed at the initial prepaid rate. The ‘Provider’ will notify the ‘Client’ when the prepaid time is close to being used up, offering the ‘Client’ and opportunity to pay for additional time PRIOR to completing the requested work involved. The additional time will be approved by the ‘Client’ prior to the ‘Provider’ billing the balance. The balance owed by the ‘Client’ for additional time will be added to the payment immediately following the month the work was completed.
Pay As You Go Website Maintenance Plans
These prepaid plans have no recurring monthly costs and are billed in 1 hour, 5 hour and 10 hour increments, or on a per project basis. ‘Client’ is charged for services rendered as stated herein.
The ‘Client’ agrees to pay for all billed hours above and beyond the initial prepaid maintenance fee at the initial prepaid rate listed above. The ‘Client’ can purchase additional blocks of ‘Prepaid Web Maintenance’ to cover anticipated work. All additional prepaid ‘Prepaid Web Maintenance’ plans are good for 3 months from time of purchase and expire after that time. Exceptions to this may be made at the ‘Provider’s’ discretion and must be in writing.
|3 hr||3 Hour of Prepaid Web Maintenance||$225 (75/hr)|
|5 hr||5 Hour of Prepaid Web Maintenance||$350 (70/hr)|
|10 hr||10 Hour of Prepaid Web Maintenance||$630 (63/hr)|
|20 hr||20 Hour of Prepaid Web Maintenance||$1200 (60/hr)|
Monthly Website Management Plans
These plans are recurring plans that are billed monthly until canceled. There is a 10 day notice of cancellation prior to the next month’s billing required by either party. Notice must be given in writing via email or regular mail. Any time not used within the current 1 month billing period will expire at the end of that billing period. There is no rollover of time to the next billing period and no refunds or credits will be issued for expired time. Time not used is non-transferrable. If the maintenance work runs exceeds prepaid time, any additional time will be billed at the initial prepaid rate.
The ‘Client’ agrees to pay for all billed hours above and beyond those included in the ‘Monthly Web Site Maintenance’ plan at the initial prepaid rate listed above. The ‘Client’can purchase additional blocks of ‘Prepaid Web Maintenance’to cover anticipated work. All prepaid ‘Prepaid Web Maintenance’ plans are good for 1 month from date of purchase and expire after that time. Exceptions to this may be made at the ‘Provider’s’ discretion and must be in writing.
|3 HrMRM||3 Hour of Prepaid Web Maintenance||$225 (75/hr)|
|5 HrMRM||5 Hour of Prepaid Web Maintenance||$350 (70/hr)|
|10 HrMRM||10 Hour of Prepaid Web Maintenance||$630 (63/hr)|
|20 HrMRM||20 Hour of Prepaid Web Maintenance||$1200 (60/hr)|