Although there is also some unavoidable standardized legalese at various places in the document which our attorney required, in this document we try to write everything in plain English. To do this, we frequently use terms like “we” and “you.” “We,” “us,” “our,” and “the Company” means COMPANY NAME, a corporation registered in the State of STATE. “You,” “your,” “Customer” or “Client” in this document is you, our Client.
Current Hourly Rate
Throughout this document, reference is made to our current hourly rate. This rate is defined as our hourly rate that is in place at the time a service is requested, not at the time this agreement is signed. Our standard hourly rate is $195.00/hour. All requests for work done on the weekend will be billed at a weekend rate of $275.00 per hour, with a minimum of 3 hours.
Availability and Communication
We are available via email and phone Monday through Thursday from 8:00 am to 5:00 pm, Fridays from 8:00 am to 4:00 pm Eastern time. Our normal response time is one business day, though our response time may vary. We do not work on weekends or holidays. Clients with current website management services receive priority response times and will receive weekend hours. All requests for work done on the weekend will be billed at a weekend rate of $275.00 per hour, with a minimum of 3 hours.
Office phone and email are the primary means of communication accepted for our work together. We do not communicate via mobile phone, text message, social media, or instant/private messaging (like Facebook Messenger) to communicate since we cannot track these requests as a team.
- Our Website Management Service includes website hosting. If you elect not to host on our server, we cannot be responsible for the speed of your website, the performance of any of your website features, security certificates for your website, the up-time of your website, or any other hosting-related matter.
- Fixing any problems related to web hosting, or project delays related to web hosting on a server other than our own is billable at our current hourly rate.
- Our Website Management includes website hosting, website software updates, website backups, and website security.
- It is your responsibility to inform us if your site is experiencing problems and needs attention.
Our lockdown protocol hardens the WordPress system to make it more resistant to the actions of hackers. We employ industry-leading security software that actively guards your website against hack attempts at multiple levels in the WordPress system.
Your website’s files and the database will be backed up automatically each day your website has activity (if your website does not have activity, there is no need for a backup to occur). This backup is stored in our cloud data vault where we typically retain the previous 30 backups for your site.
- Should your site become compromised by a hack or if your site becomes inoperable because of user error, we will restore a backup for you.
- If the restorations are the result of a hack, there is no limit to the number of restorations we will perform for you under this service.
- If the restorations are due to user error, we will perform a maximum of 2 restorations in any 30-day period.
- Additional user error-related restorations will be performed at our current hourly rate with a one-hour minimum.
Each week, at our discretion, we will apply available updates for the WordPress core software, your theme files, and your plugin files. We perform these updates for the items that appear in the “Updates” area of your WordPress dashboard. We also watch WordPress industry security news and proactively perform these updates more frequently during times of enhanced threat levels.
While it is impossible to guarantee that your site will never be hacked, all of these techniques make your website a more difficult target for hackers. In addition, it is well known that hackers tend to exploit easier targets first – sites without security measures in place. However, in the event that your site is hacked, we will restore it to pre-hack condition at no additional cost either by restoring a site backup or performing a malware cleanup at our discretion.
Premium (Paid) Themes and Plugins
Many websites use themes and/or plugins that require the payment of a recurring license fee to maintain access to ongoing software updates. We have secured appropriate licensing for many of these. If we have appropriate licenses for the themes and/or plugins used by your website, the cost for recurring license fees are included in your Website Management Services, and licensing will be maintained for you as long as you are an active subscriber to our Website Management ServicesIf your website uses premium themes and/or plugins and we do not have appropriate licensing, the responsibility is yours for maintaining the appropriate licensing to ensure the availability of updates.
We will advise you of the themes and/or plugins for which you will need to maintain licensing and assist you as needed in the process of obtaining them.
- Plugin Compatibility
If an update to a plugin creates conflicts or causes issues with the functionality of your website, we will consult with you to determine the best course of action. Typically, we will remove the offending plugin and replace it with a similar plugin or another programming.
- If the time required to resolve a plugin compatibility issue exceeds 1 hour, additional time will be billable at our current hourly rate.
Payment and Cancellation for Website Management Services
- Payment for Website Management Services is due on the first day of the period (monthly, quarterly, or annually) in which that service will be performed.
- You may cancel website management services with a 30-day notice.
- We do not offer refunds on website management services.
- If you elect to discontinue website management services, the total responsibility is yours for performing backups and keeping all components of your website backed up, secured, and updated.
- If you desire to migrate your website to another web host. We will provide you with an administrator login for your WordPress site and create a hosting environment to allow you the tools needed. We will not migrate sites to other providers for you.
Late Payment and Collections Policy
- All invoices pertaining to web hosting, security, maintenance, or any other work on your website are payable on receipt. If an invoice goes unpaid for more than 30 days after the invoice was sent.
- We reserve the right to suspend your website from public view until all outstanding bills are current.
- The client agrees to pay all costs of collection, including reasonable attorney’s fees, as additional sums owed under this Agreement. The client further acknowledges and agrees that if a check tendered for payment is not honored by the bank for non-sufficient funds (“NSF”), it will not be re-deposited. If the bank does not clear the check, the Client will incur a fee of $30. The Client must immediately send a certified check or money order for the amount due, including the NSF fee, to the Company to cover returned check.
Website (retained) Management Service
- If you elect not to purchase our website management service, the total responsibility is yours for performing backups and keeping WordPress (and its themes and plugins) updated.
Your Responsibilities in Website Security
We employ basic WordPress security techniques when building your website. However, studies have shown that one of the most common ways that hackers gain access to your website is through keylogging programs installed on the infected computers of users. You agree to protect any computer that will log into the website by:
Installing and maintaining updated security software
- Using the most up-to-date version of your preferred web browser
- Keeping the operating system patched with recommended updates
- Keeping versions of other installed software up to date if they are installed.
You also agree to use a strong password (as shown by the WordPress password indicator) for any account you use to log in and edit your website, and that this password will only be used on your website. We recommend the use of a password manager so that you have strong unique passwords for every site you access.
From time to time, our clients might employ a third party (such as but not limited to a Search Engine Optimization professional, social media professional, or content writer) whose services involve modifications to the website.
- We cannot be responsible for the work of a third party.
- Should our services be necessary due to any work performed by a third party, these services are billable at our current hourly rate.
- Our website management plans do not cover the work necessary due to actions performed by a third party. Should our services be necessary due to any work performed by a third party, these services are billable at our current hourly rate.
- Occasionally, your website will send an email when certain events occur such as the completion of a contact form, sale of a product, update/reset of a user’s password, etc. These emails that are automatically generated by the WordPress system are often flagged as spam (or not delivered at all) by email providers like Google/Gmail, Microsoft, Yahoo, and others.
- Since we cannot control the receipt of emails, we cannot be held responsible for any emails that were not delivered to the client for any reason.
- It is the client’s responsibility to regularly check spam folders and website forms and order interfaces for any notifications that were not delivered to the client’s inbox.
- We only support email services that we install and implement.
- We primarily work with Google Apps for Business (this name changes often).
- We do not provide or support email services to clients unless detailed in a previous agreement.
Registering a domain name for your website and paying the accompanying annual registration fee is your responsibility. We can assist in the process of registration and connecting your domain name to the website if you desire. You can purchase your domain name for multiple years, or renew it annually at your discretion. It is your responsibility to ensure that the credit card the domain registrar has on file for your domain registration is current for rebelling.
We are not responsible for suspension or loss of domain names because your card could not be billed or for any other reason. Work needed as a result of domain expiration is billable at our current hourly rate.
Website Accessibility and Compliance
- If laws require that your website is accessible to users with disabilities, or if you desire for it to be, it is your responsibility to inform us of this requirement.
- If your website or any associated data must meet compliance requirements of any kind for any entity, organization, or regulatory body (such as but not limited to HIPAA, FERPA, etc.), it is your responsibility to inform us of the specific compliance requirements involved.
- We do not guarantee to meet any compliance for accessibility or other requirements unless we have explicitly agreed in writing to do so.
- We highly recommend learning more about the website accessibility laws and viewing this website as a potential add-on to your build. https://accessibe.com
The Client agrees to indemnify and hold harmless the Company, its subsidiaries, contractors, employees and affiliates and each of their respective directors, officers, employees, shareholders, and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arising out of, or relate to the Agreement, Client’s use of the Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Refusal or Discontinuation of Service
We reserve the right to refuse, restrict or terminate service to any client for any reason.
Disclaimer of Warranty
We will perform our work in accordance with good industry practices and at the standard expected from a suitably qualified person with relevant experience. We cannot guarantee that our work will be error-free and so we cannot be liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if you’ve advised us of them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect server equipment, computer programs, data or other proprietary material.