Terms & Conditions

Website Service Agreement

Cardinal Acres Web Development (hereinafter referred to as “the developer”) agrees to perform the below specified periodic maintenance tasks for the WordPress-based website of the client.

Services Included

The developer offers several extended website service agreements to it’s clients. The services provided under each agreement are detailed below.

Basic Website Service Agreement

The developer will perform the following tasks on the behalf of the client:

  • update WordPress along with associated themes and plugins as required
  • compatibility test each WordPress core, plugin or theme update
  • monitor client’s website for security vulnerabilities and take corrective actions as required
  • provide up to 6 hours of support services per year

Basic Website + Backup Service Agreement

Includes all services detailed above for the Basic Website Service Agreement plus the following:

  • perform daily backup of client’s WordPress-based website
  • retain a 90 day backup archive
  • in the event that the client’s WordPress-based website is corrupted, hacked or otherwise made unusable, the developer will restore the most recent available backup (or any other backup from the developer’s backup archive as specified by the client) to client’s web server
  • time needed to restore client’s website will first be deducted from the included 6 hours of support services included in the Basic Website Service Agreement. Any additional time needed to restore the client’s website will be billed at the developer’s standard hourly rates in effect at the time.

Basic Website + Statistics Service Agreement

Includes all services detailed above for the Basic Website Service Agreement plus the following:

  • provide a monthly email overview of basic website statistics to client via email
  • provide client access to an extensive package of online website statistics which may be customized by the client to suit their needs

Basic Website + Backup + Statistics Service Agreement

Includes all services detailed above for the Basic Website Service Agreement, the Basic Website + Backup Service Agreement and the Basic Website + Statistics Service Agreement.

Use of Included Hourly Support Services

The included hourly support services may be used for any purpose by the client. However, in the event that the client’s website is unavailable for whatever reason and:

  • the client has already exhausted the included 6 hours of support services

OR

  • the developer has initiated efforts to restore the client’s website and subsequently exhausted the included 6 hours of support services

the developer shall contact the client as soon as is practical to ascertain whether the client wishes for restoration efforts to continue. Upon agreement of the client to continue restoration efforts, these will be billed at the developer’s standard hourly rates in effect at the time. Should the client refuse payment at the developer’s standard hourly rates in effect at the time, the developer shall be under no further obligation to continue any restoration efforts of the client’s website.

Term and Termination

All of the developers’ service agreements run from February 1st and extend for one (1) calendar year. Service agreements initiated after February 1st shall be pro-rated for the portion of the calendar year until the next upcoming February 1st.

This agreement may be terminated by either party upon written notice to the other for any reason. In the event this agreement is terminated, there will be no refunds for any reason whatsoever.

Authorization

The client authorizes the developer to access client’s web server, web hosting provider’s control panel, domain registration provider and any other ancillary or 3rd party services that developer should require to perform the above maintenance tasks. The client shall provide all necessary usernames and passwords needed for this purpose and developer shall maintain the privacy of all such credentials using the same methods and procedures as developer uses for his own usernames and passwords.

Copyrights and Trademarks

The client represents to the developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to the developer for inclusion in client’s website are owned by the client or that the client has express and written permission from the rightful owner to use each element in the manner proposed. Additionally, client will hold harmless, protect and defend the developer from any claim or suit arising from the use of such elements provided by the client.

Indemnification

The developer will not be liable to client or to any third party for any damages, demands, liabilities, losses, costs and claims, including reasonable attorney’s fees arising from usage, availability or unavailability of the website.

Limit of Liability

If the client’s website should be taken offline by whatever means and the developer is unable to restore the website, client’s only and full damages shall be the value of this service agreement.

The developer shall not be held liable for the unavailability of the website due to issues out of the control of the developer.These include, but are not limited to, failures at a third-party hosting provider, failures at a third-party datacenter, failures in network connectivity outside the control of developer, etc.

Governing Law

This agreement will be governed by and construed in accordance with the laws of the State of Indiana applicable at the time of purchase.

Severability

If any provision of this agreement shall be deemed 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.


Version dated November 4, 2015.