Terms Of Service
The following website maintenance contract and terms and conditions govern all use of the 954 Marketing website and all content, services and products available at or through the website (taken together, the Business). The Business is owned and operated by 954 Marketing LLC. The Business is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, 954 Marketing’s Privacy Policy) and procedures that may be published from time to time on this Site by 954 Marketing (collectively, the “Agreement”).
Please read this website maintenance agreement carefully before accessing or using the Business. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this website maintenance agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by 954 Marketing, acceptance is expressly limited to these terms. The materials contained in this web site are protected by applicable copyright and trademark law.
Authorization
With your payment, you are engaging 954 Marketing LLC (the “Business”), as a Website Maintenance Contractor for the specific project of updating website content on the Client’s existing website.
These updates include, but are not limited to text changes, picture and graphics changes, adding necessary scripts, plugins, or website applications. The Client agrees to allow access to the client’s website, store, server, file directory, or any other directories or programs or sites which need to be accessed for maintenance and control including if needed domain management.
- Terms and Termination
This Agreement may be terminated by either party upon 30 day written notice to the other if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by 954 Marketing LLC (i) immediately if Client fails to pay any fees hereunder; or (ii) if Client fails to cooperate with 954 Marketing LLC or hinders 954 Marketing LLC’ ability to perform the Maintenance Services hereunder, including cutting off access to, or changing passwords without out knowledge to, services we use in our maintenance tasks.
2.1. Scope Of Maintenance Plans – Basic
– Website Backup- Bi-weekly.
– Monthly visual scan with suggestions
– Security and Malware Scan
– Software and plugin updates
– Theme updates, Core Updates, PHP- Apply available security patches for any software your site relies on (e.g. PHP, content management systems, verify and install available theme updates and plugins)
– WordPress CMS Updates
– 24/7 Uptime Monitoring
– Analyze website performance
– Check files structure and website backend for errors
– Firewall monitoring
– Broken links monitoring
– 1 hour Content updates included (additional time charged at $95/ hour)
2.2. Scope Of Maintenance Plans – Professional
– Website Backup- Weekly.
– Monthly visual scan with suggestions
– Security and Malware Scan
– Software and plugin updates
– Theme updates, Core Updates, PHP- Apply available security patches for any software your site relies on (e.g. PHP, content management systems, verify and install available theme updates and plugins)
– WordPress CMS Updates
– 24/7 Uptime Monitoring
– Analyze website performance
– Check files structure and website backend for errors
– Firewall monitoring
– Broken links monitoring
– Test website contact forms
– Advanced Digital Cloud Report
– 3 hours of Content updates included (additional time charged at $95/ hour)
2.3 Scope Of Maintenance Plans – Premium
– Website Backup- Weekly.
– Monthly visual scan with suggestions
– Security and Malware Scan
– Software and plugin updates
– Theme updates, Core Updates, PHP- Apply available security patches for any software your site relies on (e.g. PHP, content management systems, verify and install available theme updates and plugins)
– WordPress CMS Updates
– 24/7 Uptime Monitoring
– Analyze website performance
– Check files structure and website backend for errors
– Firewall monitoring
– Broken links monitoring
– Test website contact forms
– Advanced Digital Cloud Report
– Sitemap audit
– Basic SEO monitoring and updates
– 8 hours of Content updates included (additional time charged at $95/ hour)
2.4. Retainer of Service
Everything in the Premium Plan plus 20 hours per month in any combination of the following:
1. Picture Updates –adding, editing, and sizing of any pictures adding to the existing website which does not fall under the scope of the layout or actual design of the existing website.
2. Text Updates –adding, editing, and/or removing any text or copy on the existing site including any articles, reports, contact information and product or service description.
3. Script or Plugin Installation – adding, editing, removing, and installing any scripts, plugins, programs, or software to the existing website can be done under the scope of this plan provided it does not change the overall design or look of the site more than 25%. If this will change the existing website by more than 25% then it would fall under the scope of a New or Redesign Contract and require a separate quotation.
4. Telephone Consultation – priority access to us by phone and email for questions, research of possible solutions, strategy, and training.
PLUS (not counted as part of the 20 hours per month)
5. Website Backup – Monthly database backup will be conducted, and each month your entire website will be backed up and saved remotely. Updated versions of WordPress will be updated as necessary.
6. Security – Your website will be monitored for unauthorized changes, spam comments and scanned daily for malware or security issues.
The Retainer of Service provides for 20 hours of “reasonable” updates to your content when you need them.
In order to make the Retainer of Service available to our customers, we have made some assumptions regarding “reasonable use”. We will make every attempt to accommodate all of your website revisions requests, however, we reserve the right to limit the number of requests at any time based on the volume and complexity of your requests.
Deadline and Deliverables – The Business will respond to all maintenance requests from the Client within 48 hours on weekdays and 72 hours on weekends, via email or phone, with a confirmation that the request was received, and an estimated completion date for each action item in the request.
- Maintenance Terms
In consideration of your use of the service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 954 Marketing LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 954 Marketing LLC has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).For all maintenance plans or options, the terms of this agreement are month to month, automatically renewable unless cancelled by the client.
The Client will be billed for the plan chosen regardless of actual hours used. Unused hours do not roll over into the next month or cannot be pulled from future months. No refunds are issued for unused time.
Any additional hours over the plan hours included will be billed at $95.00 per hour.
954 Marketing LLC reserves the right to terminate this agreement at any time for any reason without any prior knowledge and will do so in writing by electronic mail and/or postal letter to the client.
This agreement includes ensuring the health of the website, database, and other software or programs installed on the Client’s website. If the client or any third party other than developer or approved subcontractors attempts to access or accesses the server, or website and makes changes to the website, database, server or software or scripts on the Client’s website; time to repair and/or restore the website, databases or any other script on the Client’s website will be billed at the current hourly rate and is not included in the maintenance plan.
The Monthly Maintenance Agreement commences 48 hours following the receipt of the first payment and renews monthly.
The Maintenance Plans DO NOT include the following:
1. Re-design of the site –the scope of this plan is limited to maintenance and or site backup and does not allow for complete or partial redesign of the existing site.
2. Website Marketing –Unless specified, the scope of this plan does not include making any changes to existing Meta-tags, Alt- tags, Titles, Keywords, or Page Descriptions. These tasks fall under the scope of Advanced Search Engine Optimization and require a different contract.
3. Breach of security, hacking or malicious code removal.
4. CMS design or integration including but not limited to blogs, shopping carts, and web forums. These require a separate design agreement.
- Payment of Fees
An attempt to process a payment will occur on or about the anniversary date of the initial payment. Monthly Website Maintenance fees require a credit card for payment. No other forms of payment will be accepted for monthly website maintenance payments.
If the payment attempt is not successful, this agreement will be considered void, and the Business will not be liable for performing services under the agreement.
- Assignment of Project
954 Marketing LLC reserves the right to consult with or assign contractors and/or subcontractors to any project to ensure the right fit for the job, on-time completion, or any other reason deemed necessary by the Business.
- Legal Terms
954 Marketing LLC does not warrant that the functions contained in these web pages or the Internet website, shopping cart, merchant accounts, databases, or any other component, software or hardware, or service will meet the Client’s requirements or that the operation of the web pages and website or any other component or service will be uninterrupted or error-free.
The entire risk as to the quality and performance of the web pages and website or any other component or service is with the Client. In no event will the Business be liable to the client and/or Client’s customers or vendors or any affiliates 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 to operate these web pages or website or services.
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.
- Warranties and Liability
Client agrees that any material submitted for publication will not contain anything leading to abusive or unethical use of the Web Hosting Service, the Host Server, or 954 Marketing LLC. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless 954 Marketing LLC from any claim resulting from the Client’s publication of material or use of those materials. It is also understood that the Client will not publish information over the Internet which may be used by another party to harm another. 954 Marketing LLC does not warrant the functions of the site will meet the Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free.
954 Marketing LLC is not to be held responsible for occasional downtime of email or website due to line interruptions and/or other instances beyond the Business’s control.
Any claim relating to 954 Marketing LLC shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
- Site Terms And Use Modifications
954 Marketing LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
- Laws Affecting E-commerce
The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend the Business and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s use of Internet electronic commerce.
- Indemnification
The Client agrees that it shall defend, indemnify, save, and hold 954 Marketing LLC harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees associated with the Business’s activities in maintaining the Client’s website.
This includes Liabilities asserted against 954 Marketing LLC, its subcontractors, its agents, its clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. The Client also agrees to defend, indemnify, and hold harmless 954 Marketing LLC against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s website.
This also includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
