By placing an order for a WordPress Care Plan with Caitlin Harrison Creative "Company," you "Client" confirm you are in agreement with and bound by the terms and conditions below.
The Purpose of this plan
Our website maintenance plan is intended to keep your website optimized, protected, reported on and safe while live on the interwebs.
Additionally, we are in your corner month to month as your “go-to webmaster” for any and all website content changes, tweaks or additions within the scope of our monthly agreement.
Scope of Service
The scope of service month to month is agreed upon by the plan you choose. Please refer back to our Care Plan Page which overviews the details of each plan’s tier and scope of services.
Weekly checks and updates to WordPress Core, Plugins and Themes and Security.
If after updates to WordPress Core, WordPress Plugins or WordPress Themes are performed it is determined that one or more of the updates caused problems for the overall functioning of the website, then the site will be ‘rolled back’ to the state before the updates were performed using the latest website backup. Company will then contact the Client to discuss options to remedy the issue.
Daily backup of Database and Files.
Up to 30 minutes of website tech support/changes to existing website content including text, images, pages, forms, menus etc. Time must be used in the month it was incurred. Unused time does not roll over. If tech support requested exceeds 30 minutes, the Client shall be charged separately at Company’s current hourly rate for additional time spent, billed in 30 minute increments.
Addition of new pages, posts, forms, menus, or plugins.
Addition of new features to the website or modification of existing features
Changes to the design of the website
Installation of new WordPress plugins
Installation of new WordPress themes
Search Engine Optimization
SSL certificate installation and maintenance
Domain name changes
Integrations or support of existing integrations
Repair of website issues caused by Client.
Any work required to remedy an issue where a change or update Client made to WordPress Core, Plugins, Themes or Content caused problems to the overall functioning of the website will be discussed with the Client beforehand and then charged separately at Company’s current hourly rate.
Additional work outside the Monthly Time
If you choose a plan that offers allotted support time per month, this time covers updates, changes, tweaks or basic add-ons to the current website. Additional work on the website for advanced functionality, design, new pages, additional sites or work outside the website for your company can be agreed upon via a separate proposal or retainer of hours.
The cost of our monthly maintenance plan is depending on the plan you choose for your website(s). Additional sites may be added for a discount for multiple sites. Please contact us to inquire about adding multiple sites.
Payments are collected either monthly or annually via an automatic, recurring credit card charge during the date you signed up for the plan.
Special arrangements for larger installments, checks or other payment methods can be arranged. Please contact us for more options.
By agreeing to our maintenance plan terms and conditions, you also agree to our communication boundaries for requesting website updates and any consultation calls. Please email [email protected] with any requests, unless otherwise specified.
Client agrees to:
Provide Company with an Administrator account on website
Provide login information for website Domain and Hosting
Allow installation of Company’s website maintenance plugin
Not deactivate, delete or alter Company’s website maintenance plugin
Website Breach or Hack
While we do our best to ensure that your website is protected, no site on the internet is 100% secure from any breach, malware or hack due to the nature of servers and websites. In the unlikely event that your website is compromised, we will take care of restoring the website and any blacklisting from Google at no extra charge to you.
It is Client’s responsibility to notify Company of any technical issues on the website and request service to remedy issues.
Company will carry out work only where a written request is provided by email.
“Emergency” Service Requests are defined as follows:
Hack or disaster recovery requestErrors that render the site inaccessible (502, 504, White Screen of Death, etc.)
The following Service Requests are NOT considered an “Emergency”:
PHP errors where the site is still accessible.
Changes to existing website content including text, images, pages, forms, menus etc.
Slow load times
Website Login Issues
Termination of Care Plan or Hosting Plan
Should you decide to leave the plan, you’re welcome to do so and we will make sure you have full control of your website, logins and any domain information needed that’s associated with your account.
You may cancel this contract at any time by providing written notice via email. No prorated refunds will be given, and service will continue through the end of the term in which the cancellation was made.
Should you decide to cancel this agreement, you acknowledge that that no refunds will be given on amounts you have already paid.
You also authorize Company to charge your credit card or other payment method for any payments that remain outstanding.
Note: If moving from our hosting, there is a hosting termination fee (billed at our hourly rate) if we need to assist with the transition and move to a different hosting provider.
Company reserves the right to cancel this agreement at any time, for any reason, and without prior notification. Should Company decide to cancel this agreement, you will be sent a cancellation notice via email.
Should you cancel or forgo our hosting and maintenance services, you assume full responsibility of the website and agree to our LIABILITY CLAUSE that removes us from the responsibility of website security, performance, backups and reporting.
Notice of Liability
We make every effort on our end to secure your payment information, details and personal/company information. The programs we subscribe to to collect payment, host the site and run the updating and optimization are 3rd party software providers and out of our control. Though we only use and partner with the most trusted providers in the business and trust our own information with these tools.
Privacy and Confidentiality
Client and Company agree all emails and other correspondence are to remain private. NO terms of this contract are to be shared with anyone other than parties involved. Pricing is strictly confidential.
Company understands that the Client may be providing confidential information about their business throughout the course of the project and agrees not to disclose that information to any third or utilize it in any way without express consent from the Client.
Company is responsible for safeguarding confidential client information such as account numbers, passwords and license keys.
Each party acknowledges that information disclosed to it by the other in connection with this agreement is confidential and proprietary and that it shall remain the property of the disclosing party. Each party shall treat all information from the other as confidential and proprietary. The receiving party shall take all reasonable and necessary precautions to prevent such information from being made known or disclosed to any person or entity except in accordance with this engagement. However, if the receiving party is required by legal process or action of government agencies to disclose any information, it may do so. The receiving party shall promptly notify the other of such requirements so that the other may take whatever action it deems appropriate to protect such information against disclosure.
Confidential information does not include information, technical data or know-how which:
– Is in the possession of the receiving party at the time of disclosure as shown by the receiving party’s files and records immediately prior to the time of disclosure; or
– Prior or after the time of disclosure becomes part of the public knowledge or literature, not as a result of any inaction or action of the receiving party or is approved for release by the disclosing party.
Company shall not be precluded from using data regarding Client received during the performance of this engagement in materials published by Company provided that Client is not identified nor identifiable as the source of the data.
Client shall treat as confidential all information, records, computer files and documents of Company and handle and dispose of them in the same fashion as required of Company.
It is understood and agreed that Company is acting as an independent contractor in the performance of the services hereunder, and nothing herein contained shall be deemed to create an agency relationship between Company and Client.
Company warrants and represents that, to the best of their knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that Company has full authority to make this agreement; and that the work prepared by Company does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that Client or others may make of Company’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Company harmless for all liability caused by the Client’s use of the Company’s product to the extent such use infringes on the rights of others.
Client warrants that Company’s use of any and all materials furnished by Client hereunder will not violate or conflict with any U.S. intellectual property rights of any third persons including, but not limited to, copyrights, patent and trademarks. Company warrants that the deliverables and all work products created for and provided to Client by Company will not violate or conflict with any U.S. intellectual property rights of any third persons including, but not limited to, copyrights, patents and trademarks. Company further warrants that all services will be performed in a professional and workmanlike manner. Company makes no warranty with respect to third party rights in any materials furnished to Company by Client. Except as set forth in this paragraph, neither party makes any express or implied representation or warranties, including–but not limited to–implied warranties of merchantability and fitness for a particular purpose.
Neither party shall be liable hereunder for special, indirect, consequential or incidental losses or damages of any kind or nature whatsoever, including but not limited to lost profits, lost records or data, lost savings, loss of use of facility or equipment, loss by reason of facility shutdown or non-operation or increased expense of operations, or other costs, charges, penalties, or liquidated damages, regardless of whether arising from breach of contract, warranty, tort, strict liability or otherwise, even if advised of the possibility of such loss or damage, or if such loss or damage could have been reasonably foreseen.
Except as otherwise expressly provided herein, damages shall be Client’ exclusive remedy hereunder and Company’s liability hereunder, regardless of the form of action, shall not exceed the total amount paid for services under this agreement. Company’s liability shall not be so limited with respect to injuries to persons or damage to tangible property arising out of the negligence or willful misconduct of Company or its subcontractors.
While performing tasks related to this contract Company cannot accept liability for losses caused by the unavailability, malfunction or interruption of the Client’s website. Company cannot guarantee that its work will be error-free and so Company also cannot be liable to the 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 website and any other web pages, even if the Client has advised Company of the possibilities of such damages.
No action, regardless of form, arising under this Agreement, may be brought more than one year after the cause of action has arisen, except that an action for nonpayment may be brought within one year after the date of the most recent payment.
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof.
Client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Company. All actions, whether brought by Client or by Company will be filed in Company’s state/county of business/residence. This contract is held accountable to the legal system of North Carolina and any applicable statutes held therein.
This agreement is the entire agreement between the parties with respect to its subject matter and there are no other representations, understandings or agreements between the parties relative to such subject matter. No amendment to, or change, waiver or discharge of any provision of this agreement shall be valid unless in writing and signed by any authorized representative of the party against which such amendment change waiver or discharge is sought to be enforced.
BY PLACING THIS ORDER, CLIENT AGREES THEY HAVE THOROUGHLY READ THROUGH THIS CONTRACT, AND UNDERSTAND + AGREE TO ALL ITS PARTS.