The agreement contained in this “WordPress Maintenance Agreement” is between Hard Working Web, (“Company”) and you (“Client”) it constitutes the sole agreement between Company and the Client regarding on-going WordPress website maintenance services from Company.
Scope of Services:
- Express – Annual Maintenance
- Professional – Monthly Maintenance
- Professional PLUS – Monthly Maintenance
Inability to Perform Services or Install Tools
If a tool is unable to be installed or a service is unable to be performed due to the site breaking or other incompatibilities, Client will be made aware, and specific tool or service will be suspended until the website issue can be resolved and the tool or service is operational again.
Additional Maintenance or Website Services
Any requested work is billed at $150 per hour. Additional work may also be detailed and specified at a flat rate and approved by client.
Hosting or Domain Registrar Issues
Any issues affecting the website caused by Client’s hosting provider or domain registrar, must be handled by Client’s hosting or registrar’s support. Client may request assistance with hosting and domain registrar related issues as additional work.
In no event will Company be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability of website usage.
Company represents and warrants to Client that it has the experience and ability to perform services required by this Agreement; that it will perform said services in a professional and competent manner: that it has the power to enter into and perform this agreement.
Client acknowledges that the services rendered by Company under this Agreement shall be solely as an independent contractor. It is expressly understood that this undertaking is not a joint venture.
Company recognizes and acknowledges that this Agreement creates a confidential relationship between Company and Client and that information concerning Client’s business affairs, clients, vendors, finances, properties, methods of operations, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as “Confidential Information”.
Company agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement that information will continue to be confidential.
Compensation And Term
This maintenance agreement is a annual subscription billed annually or monthly on the initial sign up date. The payment is due at the beginning of the term.
This Website features maintenance services that are offered via a subscription model. A subscription model requires regular payments to receive the service. The initial term of the subscription is yearly or monthly.
Automatic renewals of subscriptions
When you purchase a maintenance subscription on the website, your subscription will automatically renew at the sign up date for the initial term. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.
Subscription payments are processed using PayPal. Maintenance subscribers do not need to have a PayPal account to sign up.
We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. In addition to your PayPal account, the following payment method(s) are accepted by the third party payment processor: MasterCard, Visa, and Discover.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
To change or cancel your website maintenance service use the Support Request Form at least 1 week before the start of the next billing cycle.
Alternatively to cancel, you may call PayPal Customer Service at 1-888-221-1161. You will be required to provide your first and last name, the phone number or email address you provided when you signed up, and the last 4 digits of the credit card you registered as the payment method.
The company does not offer refunds.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Hard Working Web, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Hard Working Web, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Hard Working Web Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
Each party will defend, indemnify, and hold the other party, its affiliates and each of their respective officers, employees, affiliates and agents harmless from and against all third party claims, suits, judgments, losses, damages, fines or costs (including reasonable outside attorney’s fees and expenses) related to or arising out of such party’s gross negligence, willful misconduct or material breach of this Agreement. The parties’ obligations under this paragraph will survive the expiration and/or termination of this Agreement.
LIMITATION OF LIABILITY
In no event shall Hard Working Web be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
Hard Working Web, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY Hard Working Web OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
OTHER LEGAL STUFF
Hard Working Web can’t guarantee that the functions contained in any web page templates or in the completed website will remain error-free forever. Hard Working Web is not liable to Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if Client has advised Hard Working Web the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The contract cannot be transferred to anyone other than Client without the permission of Hard Working Web.
To the maximum extent permitted by applicable law, in no event shall either party or its subsidiaries or affiliates be liable to the other party for any incidental, consequential, indirect, special, or punitive damages (including, but not limited to, lost profits (except on Hard Working Web’s fees for services), business interruption, loss of business information or other pecuniary loss, and including any of such alleged to result from such party’s exercise of its rights under this agreement) regardless of whether such liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, failure of essential purpose or otherwise and even if advised of the possibility of such damages. The parties understand and agree that the exclusions and limitations of liability set forth in this section represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations under this agreement. The fees payable to Hard Working Web reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability.