Managed Websites Terms and Conditions
- Fees and Deposits
- Monthly Fees
Your monthly service fee as determined by your support contract is due on the first day of each month. All payments are to be made by credit/debit card. A copy of the card information will be stored securely with our payment processor to facilitate timely payment. In the case of a returned or declined payment, a $60 late payment fee will be charged. If payment is late by more than 30 days, we reserve the right to cancel your support contract and collect payment for any remaining balances on the account.
- Additional Service Fees
If additional services are requested that go beyond your normal website maintenance package, you will be notified prior to us attempting to complete the work and a proposal will be drafted. Upon acceptance of the proposal, your payment form on file will be charge a deposit of 50% of the estimated total in the proposal and work will begin. Once work is complete, you will be charged the remaining balance.
- Monthly Fees
- Managed Services
- Time allotment
Your monthly time allotment is determined by your support contract. The hours available to you are available on a monthly basis. If additional time is needed it can be requested at a discounted hourly rate if there is no time available in your “bank” (section 2.2) or available to “borrow” (section 2.3)
- Banking Time
Any time not used from your allotted time for the month will be saved for up to six months to be used on future projects. This is a protection for you so that there is no worry about losing unused time. After 6 months, the time expires.
- Borrowing Time
At any time, if a project requires additional service time that would exceed both your allotted time and your banked time, you may borrow time from future months of service. A maximum of six months of time can be borrowed at any given time. This time is repaid each month from your allotted monthly hours. If you choose to end your agreement, any remaining borrowed time will be billed at the standard hourly rate of $125 per hour.
- Time allotment
- Supply of Materials
- You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include but are not limited to, photographs, written copy, logos, and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
- Intellectual Property Rights
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, logos, names, and trademarks, or any other material that you supply to us to include in your website, web application or any material that produced as a consequence of the work we perform. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
- You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify The Company and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
- At times, and in order to deliver the best quality work, we will sometimes subcontract work out of our office. This is a necessary part of our process and designed to keep the monthly cost of your support contract as low as possible.
- Consequential Loss
- The Company shall not be liable for any loss or damage incurred by a client as a result of a client’s request for work to be completed on their site or in cases where a clients request cannot be completed due to delays outside our control.
- Backups & Security
- A small part of your allotted website maintenance plan time will be spent backing up the files and databases associated with your website. This backup procedure will be done at least once a month, with additional backups either weekly or daily, done according to your service contract. These monthly backups will be kept on file for 12 months. Additional backup storage will be outlined in your service proposal.
In the case of a security breach, your site will be restored using the most recent backup that has been identified as unaffected.
- Software Updates
- A small part of your allotted website maintenance plan time will be spent updating the software that makes up your site. Updates will be done monthly if not otherwise outlined in your service agreement.
- Malicious Activity
- Malicious intent (also known as SPAM, hacking, phishing, etc.) as it relates to website, email services, and related technologies is an unfortunate fact of life in an online environment. The Company will work to prevent such malicious activities but makes no guarantee that you will be unaffected at some points. In the case of a breach, we will restore your site as described in section 6.2.
- To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of The Company under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
- We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
- Governing Law
- The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Jackson County, Oregon. You and The Company submit to the non-exclusive jurisdiction of the courts in and of Jackson County in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.