Please read carefully. This pertains to your purchase, and to your usage of the Total WP Support Monthly Plan. A copy of this agreement will also available from your Client Dashboard.
Total WordPress Support Maintenance Plan Subscription – “The Agreement”
This agreement is by and between the purchaser of this plan, hereafter “The Client” and Total WP Support, hereafter “The Company”.
Payment for the Total WordPress Support Plan is considered acceptance of the terms of this agreement.
The Total WordPress Support Plan (the “Plan”) is the ideal way of keeping your website secure and running its best, while sticking to a pre-arranged monthly budget.
The Plan is a combination of services and products that when combined, provide total peace of mind in knowing that your website is running its best and will be back online as quickly as possible in the event that something goes wrong.
“The Client” is contracting “The Company” as a provider of website maintenance services. Any services not included in the Total WordPress Support Plan are not considered part of this contract.
This contract has no fixed term and Clients can cancel at any time with 5 days written notice. No refund will be provided for any prepaid period.
Details provided by the client during the signup process will be used as point of contact unless otherwise specified.
Authorization
The Client is engaging the Company as an independent contractor for the specific task of running a regular maintenance, publishing and backup plan for the Client’s WordPress website (the “Website”).
As part of this authorization, the Client agrees to provide the Company with access to the following:
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SFTP access username and password (if this is difficult we can create a new one through the hosting account).
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Access to the website’s hosting account.
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Database access (username and password)
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Username and password for a user with administrator access to WordPress interface.
- API or account access for updating of premium plugins, frameworks and themes. Eg. Themeforest API.
The Client also agrees to allow the Company to install our maintenance plugin into their WordPress website as required by the Company to provide services.
Official updates and communication with the Client will be made via email and monthly newsletters.
What IS included in this agreement (The Services):
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Backup & Restore
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Maintenance
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Security
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Publishing
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Support
The Backup & Restore Services of this Agreement (Service Specifics)
Overview:
1. Secure back-ups of your entire website. We back up everything required to restore your website in full.
2. If your site crashes, we get it back online as quickly as possible.
What IS included in this agreement:
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Backups of your entire website and database.
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Back up versions are stored on secure cloud storage.
- 90 days of back ups are kept on file. No limit to the number of back ups made in that time period.
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Maximum total file size for entire website and database is 10GB.
- Frequency of back ups is dependent on the specific plan chosen (daily, weekly or monthly back up frequencies available).
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If a crash or malware issue occurs at any time the Company will work to get a Client website back online as quickly as possible.
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After notifying the Client, the Company will reinstall the most recent working version of wordpress, theme, any necessary plugins and the database.
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Please note: In the event of a crash, we will take every reasonable measure to ensure that your site is back online as soon as possible. However, there is no guarantee on how quickly we will have your website back online because every situation is different. All we can promise is our full attention to the problem and speediest fix possible.
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The Maintenance Services of this Agreement (Service Specifics)
Maintenance services are completed by the Company on the last and/or first day of each month. You will be updated by email after monthly maintenance has been completed.
What IS included in this agreement:
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The Company provides basic comprehensive maintenance coverage for the Client website:
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We provide maintenance required to keep your site running well. Maintenance is defined as fixing anything that breaks on the site, or a display issue in a browser or device, etc. Maintenance is free as part of your maintenance plan. Maintenance maximum hours provided by the Company per issue may be capped at five hours, at the Companies discretion. Additional time required to fix the issue will incur the shop rate and permission to continue will be required by the Client.
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Maintenance task examples:
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browser rendering issues. We support the latest version of Internet Explorer, Firefox, Google Chrome, and Safari.
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plugin or theme issues that have been introduced during a software upgrade.
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- Premium and Professional Plans include small jobs as part of maintenance. A small job is defined as any job that is under 30 minutes in duration and not related to maintenance ie. new web development or new feature or a change to the existing site.
- Small tasks, tweaks, minor improvements & new features. Examples:
- Add a favicon.
- Add google analytics tracking code.
- Swap out an old logo for a new one.
- Change color or size of a font.
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The Company will do a post software update review of each site looking for bugs or new issues. However, it is the sole responsibility of the Client to notify the Company of any new bugs, issues or problems requiring maintenance.
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The Company will provide support for a website’s existing plugins until such time as they are no longer supported by the plugin author or compatible with any other part of the WordPress environment.
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It is understood that in some cases, due to the changing nature of the internet, a bug being agreed to as fixed may not necessarily mean that everything will be identical to the way it was before. A bug being fixed is defined as: the issue/bug is no longer creating a usability or accessibility issue for users.
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For the purposes of this document, a bug is defined as “an introduced error on the clients Website that negatively affects the user experience or the ability of a user to complete a required task.
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Database optimization and repair to help keep your site running as fast as possible.
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WordPress core, WordPress Plugins, Theme Frameworks and WordPress Themes are kept current with the latest stable version.
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Only commercial themes and frameworks that can be uploaded via the theme uploader and updated automatically within the wordpress administration interface are included in the updating service at the offered price.
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Websites must keep all customizations separate from files that are part of recurring software updates. If Client website code is overwritten due to a theme update the Company will not be responsible in any way.
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Client is responsible for any payment of premium plugins or other purchases, such as SSL certificates, unless organized with us separately from this agreement. We don’t support plugins that are out of date because the new version was not purchased.
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Spam purged to help keep your database running at top speed.
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Post Revisions Cleaned Up.
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Post revisions reduced to ten. This helps keep the database running optimally.
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Website development by client or third party developers.
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Please note: The Services of the Company are built to work best when websites adhere to current web standards, including but not limited to WordPress theme development standards and w3c html/css validation. All websites must continue to meet these requirements into the future while using a maintenance plan. We may assist at our discretion, but we are not responsible for fixing websites under the free maintenance coverage when the work completed by a third party or client has caused the issues.
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The Security Services of this Agreement (Service Specifics)
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24/7 Uptime Monitoring
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The Client will be notified as quickly as possible if a website goes off-line at their primary contact email address and/or by telephone.
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If the Client is unable to be contacted, a message will be left and the Company will proceed with getting the website back on-line on behalf of the Client.
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Security Scans for malware.
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If there is a malware issue found the client will be notified and the problem will be dealt with the same as for a website crash.
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Our security scans are an “as is” product and any extra security enhancements will incur the regular shop rate.
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All themes and plugins not in use will be deactivated and deleted (recommended)
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This will be completed during initial set up and checked on periodically to keep things clean and secure.
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- Further Security steps are taken as deemed necessary including anti spam, website hardening, support with secure passwords, etc.
The Publishing Services of this Agreement (Service Specifics)
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Web Publishing: Updating your website is incredibly easy. Send us an email with your text, images, audio, video, etc and we will publish the new post or page on your behalf.
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Content Management: Edit, revise, update or create new content on existing pages based on client request. We’ll manage the needs of your existing content on your website. “Content” is defined as a websites text, images, audio and video.
What IS included in this agreement:
- Monday through Friday we generally get your request done on the day we receive it. We aim to have your requests completed within 48 hours.
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Publishing and content management are generally considered “small jobs” so they are free for any tasks under 30 minutes for plans that include small jobs. If a publish request exceeds the thirty minute expected time we will discuss with client and time exceeding the 30 minutes is billed at the hourly rate.
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Changes to existing posts, pages or products each month.
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New posts, pages, custom post types, recommended links or products added each month to the clients website.
3. We publish all posts, pages and products to the highest standard. All content published will include:
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Basic search engine metadata; title, description and keywords.
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Photos optimized and resized for the web at 80% quality and maximum 1500px width.
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Properly formatted W3C compliant html.
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It is the clients responsibility to provide everything that they want to have included in their post or edits.
4. Posts, pages and products limitations:
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a maximum of 3500 words.
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a maximum of 15 images images, documents, videos, audio files.
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images may optionally be contained in a photo gallery if your theme permits it.
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Product management fields are limited to price, weight, dimensions, colors, sizes, description, and one featured image.
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A maximum of one video or audio item.
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A maximum of ten internal or external links per page, post or product.
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Video and audio embeds best practice is to be added via a third party service such as YouTube (video) or Soundcloud (audio). We are not responsible for adding your media to the third party services and will only add the embed code from these services.
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If third party multimedia services are not used, we can upload video or audio files to your website and provide direct links to the files.
The Support Services of this Agreement (Service Specifics)
We understand that websites need to be continually tweaked and updated with new features and improvements. The Company provides support for minor features and improvements.
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Our customer support representatives are available Monday through Friday, 9am-5pm, Pacific Standard Time; excluding all statutory holidays.
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Telephone support is available on 1-800-985-9860 extenison 6 (toll free in North America) for premium and professional plans.
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Support by email is available at [email protected] for all maintenance plans.
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- Any jobs exceeding thirty minutes will be outside the scope of this agreement. An estimate will be provided to cover the work exceeding thirty minutes and once paid work will commence.
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Total WordPress Support monthly plans are offered “as is”, with no implied warranty or guarantee it will function exactly as you wish, or with all 3rd-party components and plugins.
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We provide support for the Total WordPress Support monthly plan, but we do not give priority to general WordPress® support, or offer advice about things which do not specifically relate to our Products or WordPress®.
Total WP Support provides Clients with comprehensive basic coverage. However, there are times when your website requires more significant web development than we provide as part of the maintenance plan and in these cases the Company, the Client or a third party web developer may be hired to do the required web development. An example would be a complete website redesign, or any job that exceeds the thirty minute free small job.
Total WP Support does not automatically support new web development by a third party on a Client site. Any new web development is subject to the same standards that are required for acceptance into the Plan.
We will support new web developments once they are proven to be stable. They are proven to be stable when they meet the same requirements for a Clients initial acceptance (see Services become void if below).
It is highly recommended that the Client contact the Company when any new web development is completed. We will do our best to ensure that our services will not impact the new web development on Client websites. The Company is not responsible for negatively affecting or overwriting new web development that is not completed in accordance with the Plans requirements (see below).
The Services provided become void if:
Over time or through new web development some websites may become unsuitable for the TWS environment. A list of some, but not all, of the possible reasons for a website being found unsuitable and being rejected from the Total WP Support monthly plan are:
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A Client plugin, theme or framework conflicts with the Total WP Support maintenance plugin.
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Client server will not allow cron jobs.
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Client website has WordPress core, Plugin or Theme files which cannot be updated without overwriting modified templates and losing customizations.
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File / Server permissions.
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Some Windows servers will need to set permissions manually through their hosting accounts File Manager to allow 775 so that we can upgrade WP.
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The Client website doesn’t follow best web practices and guidelines, such as current W3C standards and there are problems resulting from this non-compliance.
What is NOT included in this agreement:
1. Hosting.
2. Domain management or services.
4. Website design, website redesign, website re‐alignment or website re‐development.
6. Search engine optimization services.
7. CMS design or integration including but not limited to blogs, shopping carts and web forums.
8. Subdomains.
9. Website Migrations.
10. Email support, management or maintenance.
11. Anything not explicitly outlined in the list above titled “What is included in this agreement” is not included and shall incur the regular shop rate.
The decision of whether a website is unsuitable for the Total WP Support maintenance plan environment is completely at the discretion of the Company.
The Client will be notified of the issue and given the options to rectify the problem (if available). It is the Clients responsibility to adhere to the requirements of the TWS environment. Failure to adhere to the requirements will result in cancellation of the monthly plan for the Client. If the Client has paid annually or semi-annually a refund will be provided for the full months remaining in their payment period.
Compensation
You agree to compensate Total WP Support, for the services described in the Plan above, once per month via automatic credit card withdrawal at the rate agreed to during checkout (the “Support Fee”).
In the event You fail to pay the Support Fee, Total WP Support shall have the right to pursue any or all of the following remedies:
1. apply a five percent (5%) service fee to all outstanding amounts;
2. attempt to bill the account again;
3. terminate this Agreement;
4. immediately stop all works‐in‐progress or remove unpaid for material; and,
5. commence legal action.
Additional Services:
Any revisions, additions, or redesign You request that Total WP Support perform that is not specified in the Plan, shall be considered “additional services” and will require a separate agreement and additional payment. Total WP Support shall advise You on any requested additional services that falls within these bounds.
Authorization:
You hereby authorize Total WP Support to access their web hosting account (for access to the server via FTP) and wordpress administration, providing active user name / password combinations, assuring that ‘write permissions’ are in place on said hosting provider.
Support Fees are subject to change
Total WP Support reserves the right, at any time, to modify or discontinue (temporarily or permanently); any of the services described in the Plan (or any part thereof), on thirty days notice to you. These changes are at the discretion of Total WP Support and are a part of the ever evolving nature of the web and our desire to keep your website using the latest practices, services and products available. Support Fees are also subject to change on thirty days notice to you.
Non-Disclosure
Total WP Support, its employees and subcontractors agree that, except as directed by You, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Likewise, You agree that it will not convey any confidential information obtained about Total WP Support to another party. You shall not share, re-sell or attempt to share or re-sell the services described in the Plan, transfer or attempt to transfer this contract or permit any third party to use and/or access any information obtained from Total WP Support for any purpose without prior consent of Total WP Support.
Confidentiality
1. All confidential information of Total WP Support or You or of any of our customers disclosed to or discovered by the other as a result of the provision of the services described in the Plan shall be regarded as disclosed in confidence and shall only be used in connection with the performance of its obligations under this contract. Such information shall not be passed on to third party and/or in any way be made use of at any time either during or after the termination of this contract save with consent of the other or which comes into the public domain (otherwise than through the unauthorised disclosure by the other).
2. You shall promptly notify Total WP Support if You become aware of a breach of confidence in relation to the services described in the Plan or this Contract and shall give Total WP Support all reasonable assistance in connection with any proceedings Total WP Support may institute against a third party at Total WP Support’s expense. Total WP Support may be required, in the course of maintaining domain names to provide registrars with current registrant information.
Privacy
1. The information you provide to us will be stored on computer. Total WP Support is committed to protecting your privacy. We and any of our associated companies may use the information you provide us to provide a more personalised service and to tell You about changes in our and their service or any new services which we think you will find valuable. If you object to any of these uses at any time, then please inform us by email at [email protected]. We may also use such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these conditions.
2. We will not monitor, edit or disclose the content of Your information unless required to do so by law or in the good faith belief that such action is necessary to conform or comply with applicable law, to protect and defend the rights and/or property of Total WP Support or to protect the personal safety of any of our clients or the public.
Disclaimer
1. If the services described in the Plan are or become unavailable, then the Total WP Support will use reasonable measures to repair and reinstate those services within 24 hours of detection. If the failure is caused by You or any agent of You to whom access to Total WP Support’s website was given then You shall pay all costs to reinstate and/or repair such services. Where such unavailability is due to the negligent failure of Total WP Support to deal with circumstances within its control and is for more than a total of 24 hours in any 30 day period or for any 6 consecutive hour period then Total WP Support will at its discretion either pay to You compensation limited to a refund of the fee paid by you for the unavailable services or provide you with a credit up to the same amount.
2. Neither Total WP Support nor anyone else who has been involved in the creation, production or supply of the services described in the Plan or any Additional Services shall be liable to You or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Contract or those services for any:
- economic loss of any kind whatsoever, or
- loss of profit, business contracts, revenues or anticipated savings, or
- damage to Your reputation or goodwill, or
- loss resulting from any claim made by any third party, or
- special, indirect or consequential loss or damage of any nature whatsoever, and You shall indemnify the Total WP Support from and against any claim which may be made against Total WP Support in respect thereof.
3. Total WP Support shall have no liability for loss or damages arising from being prevented or delayed in or from performing any of the services described in the Plan or any of the Additional Services, due to circumstances beyond its control. Such circumstances are, but shall not be limited to, governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency.
Termination:
You may cancel this contract at any time, by providing one month’s written notice to Total WP Support, provided that payment is up‐to‐date. No refund will be given for any unused period of the advance payment.
Total WP Support also 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.
Governing Law:
This Agreement will be governed by and construed in accordance with the laws of the British Columbia and the laws of Canada applicable in that Province and will be treated, in all respects, as an British Columbia contract.
Total Agreement:
Total WP Support shall provide You with ongoing website and security maintenance to the web site within this contract.
During the duration of this contract, it is optimal that Total WP Support will be the sole provider of all maintenance and security services for Your website, and no other party will have access to or rights to make modifications to Your website database, plugins or files (other than as needed for regular content management), non-standard changes to the theme that could result in loss of edits, modifications that effect the core of plugins that could result in the loss of edits. We are completely open to working with third party developers, however if a party other than Total WP Support makes changes to Your website, any errors that are created, that must be repaired, will be done so at Your expense.
This contract constitutes the sole agreement between Total WP Support and You regarding this project. It becomes effective when You makes their first month’s payment and Your website meets the criteria for acceptance into the Plan described above. It is the spirit of this contract that this will be a mutually beneficial arrangement for You and the Total WP Support. Specific details of our contract will be attached as Appendices A or B.
Relationship:
You and Total WP Support are independent parties and nothing in this contract shall constitute either party as the employer, principal or partner of or joint venture with the other party.
By accepting this contract You waive and release Total WP Support personnel and/or its representatives and successors from all claims or liabilities of any kind arising out of the Agreement.
Both Total WP Support and You agree to the terms of this contract based on the payment for services by You and the acceptance of payment by Total WP Support.