TERMS OF AGREEMENT
“The Client” is contracting “The Company” as a provider of web site maintenance services. Services not considered ‘standard website maintenance’ are subject to be charged at a regular hourly developer rate, and will not be considered part of this contract.
“The Client” hereby authorises “The Company” to access their web hosting account, providing active user name / password combinations for access to the server via SSH / FTP, assuring that ‘write permissions’ are in place on said hosting provider.
What IS included in this agreement
- Configuring and optimising the files to protect your site from common spam bots and unwanted crawlers.
- Consultation and guidance on the use of the website and ways to improve its performance.
- Maintain a full backup of web site through the duration of this contract.
- Reindexing of databases and deletion of site logs, keeping the site optimised.
- A launch post and links from The Company site to help with SEO.
- sitemap.xml file (enhancing the site’s seo and blocking most spam crawlers)
What is NOT included in this agreement
- Web site redesign, re-alignment or re-development
- Search engine optimisation services
- Modifications to product details, site pages or the admin system
- New functionality and core framework updates
Total Agreement
“The Company” shall provide “The Client” with website consultation and optimisation of the ecommerce database and files, on an on-going monthly basis.
During the duration of this contract, the “The Client” agrees that the “The Company” will be the sole provider of maintenance services for the web site, and no other party will have access to or rights to change the website. If a party other than the “The Company” makes changes to the website any errors that are created, that must be repaired will be charged for at the standard hourly developer rate.
Compensation
“The Client” agrees to compensate “The Company” on the assigned day of each month via standing order for the amount specified. In the event “The Client” fails to adhere to the schedule of payment referenced by the deadline set forth, “The Company” retains the rights, but is not obligated, to pursue any or all of the following remedies:
- terminate the Agreement
- immediately stop all works-in-progress or remove unpaid for material
- bring legal action
Additional Services
Any revisions, additions or redesign “The Client” requests “The Company” to perform that is not specified in this document shall be considered “additional” and will require separate agreement and payment. “The Company” shall advise “The Client” on any requested work that falls within these bounds.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, [failures of any third party internet service provider,] hacker attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Termination
“The Client” may cancel this website maintenance agreement at any time, by providing one month’s written notice, provided that payment is up-to-date.
“The Company” reserves the right to cancel this website maintenance agreement at any time, for any reason, without prior notification and will provide a cancellation notice either electronically or in writing sent to the address of record.
Legal
“The Client” and “The Company” are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither “The Client” nor “The Company” has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
This Agreement shall be governed by and construed in accordance with English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
