This website care plan agreement is between CONVERTCRAFT DIGITAL MARKETING, a South Carolina Limited Liability Company (the “Provider”), and {{first_name}} {{surname}} of {{company_name}} (the “Owner”).
The Provider is engaged in the business of maintaining and updating websites to keep them current.
The Owner wishes to engage the Provider to provide, and the Provider wishes to provide, maintenance service to the Owner’s website (example.com) (the “Website”) to keep it up to date and functional.
The parties, therefore, agree to all the terms presented in this Agreement.
1. ENGAGEMENT & SERVICES
(a) Engagement. The Owner retains the Provider to provide, and the Provider shall provide, the services described for the BASIC Care Plan in connection with the maintenance of the Website.
(b) Services. See the description of BASIC Care Plan services below.
Speed
Fast, Managed Hosting
Global Content Distribution Network (CDN)
Image Optimization
Database Cleaning & Optimization
Uptime Monitoring
Security
Monthly Plugin, Theme, and Core Updates
SPAM Blocker
Daily Security Scans
Nightly Backups
Premium Plugin Licenses*
Web Application Firewall: The ultimate way to stop cyber attackers BEFORE they reach your site.
SSL (Green Padlock): Show visitors (and Google) you’re trustworthy and authentic.
*We have access to many premium plugins. However, if your website needs a plugin that we have not licensed, you may be required to purchase it separately.
Discounted service which may be added to the BASIC Plan:
Auto-Updating, Always Compliant Policies: If you’d like to stay compliant with attorney-drafted Privacy Policies that update whenever the laws do, you can opt-in to this service for an additional $6/month + $100 setup fee.
Support
Email Support
Monthly Maintenance Report
No Long-Term Contracts
Discounted support service included with the BASIC Plan:
Additional Hands-On Time: Ongoing web development is billed at a discounted rate of $85/hr.
E-Commerce Site
Maintenance Fee: Running an e-commerce site? The BASIC Plan will have an additional cost of $40/month for maintaining your site.
(c) Website Development. All care plans include the option for further website development, either included with the plan or offered at a discounted rate. The Provider reserves the right to refuse this service if the Provider deems the Owner’s existing site ineligible for the web design or development requested due to its content, platform, or custom programming and integrations.
For the design and development, the Provider reserves the right to use any technology platform deemed most appropriate by the Provider.
(d) Turnaround Time.
Turnaround Times for all website care plans are as follows:
Emergency Fixes, which include any website issue that is hindering the client from doing business (ex. site down, functionality not working, etc.), will be completed within 24 hours.
General Revisions, which include any other updates or revisions that aren’t otherwise categorized, will be completed within 5 business days.
New Page Additions will be completed within 10 business days.
Website Add-Ons (available for an additional charge) will be determined per add-on.
Marketing Add-Ons (available for an additional charge) will be determined per add-on.
(d) Of the Owner. The Owner shall:
cooperate with the Provider to enable the Provider to ensure the Website remains functional and up to date;
provide initial information requested by the Provider to set up the Care Plan subscription within 5 business days of the care plan Starting Date;
monitor the content of the Website for items that need to be corrected or updated and provide those updates or corrections to the Provider;
maintain password secrecy and notify the Provider immediately of any loss or theft of passwords or if the confidentiality of any password has been compromised
2. COMPENSATION
(a) Subscription Fee. The Owner shall pay $41.25 per month for the Services (the “Care Plan Fee”).
(b) Additional Services. Any revisions, additions, redesigns, or development requested by the Owner that are not specified in this agreement will be considered “additional” and require a separate agreement and payment. The Provider shall notify the Owner about any requested services that constitute additional services.
(c) Schedule. The Provider shall invoice the Owner the Care Plan Fee on a monthly basis. The Owner shall pay those invoices immediately on receipt, with a credit or debit card or ACH account automatic payment. Each invoice will include any Additional Agreed-Upon Fee, as defined in subsection (d) below, if applicable.
(d) Additional Fees. Additional maintenance, security, or development work requested or authorized by the Owner that falls outside the scope of the Services included in the subscription flat fee will be billed to the Owner and outlined in a separate agreement.
(e) Upgrades/Downgrades. For any upgrade or downgrade in plan level, the credit card you provided will automatically be charged the new rate on your next billing cycle.
(f) Taxes. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
(g) Late Payment Terms. Care Plan subscriptions are charged to the Owner’s credit/debit card or ACH account automatically on the billing date each month. However, if payment does not go through and the invoice remains outstanding, the Provider will reach out to make the Owner aware of the issue. If the Owner does not follow up by updating card information or sending overdue payment for more than 10 days past the Provider’s date of notice, then the Owner will be subject to a 1.5% per month late payment penalty on subscription invoice(s).
The Provider reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice if the overdue invoice payment is not received within 30 days of its original due date.
3. TERM
(a) Term. This Agreement will become effective after (1) the Agreement has been signed, (2) the subscription has been set up, and (3) the initial invoice has been paid. The Agreement and Care Plan Services will continue from that date forward, indefinitely. Unless either party gives written notice to the other, this agreement will renew automatically each month. This automatic extension will continue to apply at the end of each month until the agreement is canceled by Owner or terminated by Provider.
(b) Termination Procedures. The Owner is free to cancel this Care Plan subscription agreement at any time. A cancellation notice must be sent via email in order to go into effect.
The Provider has the right to suspend or terminate the agreement and refuse any and all current or future use of the Care Plan, or any other ConvertCraft Digital Marketing service (see Right To Refuse Service below).
(c) Right to Refuse Service. The Provider reserves the right to refuse to do business with the Owner. ConvertCraft Digital Marketing has the right to terminate services at any time and for any reason and to give any applicable refunds. This may occur if the Provider determines that the Website or product or IT resources or IT needs require an extraordinary amount of effort on the part of the Provider. If this should occur, the Provider will try to negotiate a more suitable compensation arrangement before terminating the relationship and services.
Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any ConvertCraft Digital Marketing customer, employee, member, or officer may also result in immediate account termination.
If services are terminated by the Provider, the Owner will retain full ownership of any assets completed before the termination date. This Agreement will be voided and the Owner will no longer be responsible for the completion of monthly payments or the fulfillment of their part in this Agreement. If the website development is not completed, the Provider will not be responsible for project completion upon the termination of this Agreement.
(d) Effects of Termination. After the termination of this agreement, all Services described herein shall be null and void. Should the Owner choose to repurchase or reactivate any maintenance services for the canceled site within a period of 6 months, a fee of $250 will be charged. (This is due to the high cost of setting up and establishing maintenance services and/or hosting for any particular site.)
After cancellation by Owner or termination by Provider, the Owner must transfer the Website to another hosting platform. The Provider will not be responsible for any ongoing updates and maintenance but will provide the Owner and/or the Owner’s new developer with the appropriate level of access needed to move the website.
ConvertCraft Digital Marketing is not responsible for troubleshooting or supporting the Website 7 days after access has been granted to the Owner following the denial, cancellation, or termination of the Website Care Plan.
If the website is not moved to another host before the end of these 7 days, the site will go offline and will no longer be accessible to web visitors.
4. INTELLECTUAL PROPERTY
(a) No Intellectual Property Infringement by Provider. The Provider represents that the use and proposed use of any software, programs, or applications to maintain, repair, or update the Website does not and shall not infringe, and the Provider has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent trade secrets, industrial design, or other rights of any third party. To the extent the software, programs, or applications used to maintain, repair, or update the Website infringe on the rights of a third party, the Provider shall obtain a license or consent from that party permitting the use of those items.
(b) No Intellectual Property Infringement by Owner. The Owner represents to the Provider and unconditionally guarantees that all text, graphics, photos, designs, trademarks, hyperlinks, or other content procured by the Owner and present on the Website are owned by the Owner, or that the Owner has permission from the rightful owner to use each of these elements, and will indemnify the Provider and its subcontractors against any liability, including any claim or suit, threatened or actual, arising from the use of those elements furnished by the Owner. The Owner further represents to the Provider that its domain names and URL listing do not infringe, dilute, or otherwise violate third-party rights or trademarks.
(c) Owner Property Rights. Owner retains full ownership of the logo, website, all website content, and any other related design elements. Upon request, Provider will provide Owner with a backup file of the entire website.
5. INDEMNIFICATION
(a) Of Owner by Provider. At all times after the effective date of this Agreement, the Provider shall indemnify the Owner against any charge, claim, damage, or other loss (a “Loss”) including attorney fees, arising out of or resulting from the Provider’s willful misconduct in the Provider’s carrying out of its obligations under this agreement.
(b) Of Provider by Owner. The Owner shall at all times indemnify the Provider against a Loss or Litigation Expense caused by any breach of any of the representations or agreements made by the Owner under this Agreement.
6. GOVERNING LAW
(a) Choice of Law. The laws of the state of South Carolina govern this agreement (without giving effect to its conflicts of law principles).
(b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Spartanburg County, South Carolina.
(c) Provisions of the Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, then that provision shall be enforced to the extent permitted by law, and the rest of the agreement shall remain in full force and effect.
7. GENERAL TERMS
(a) Requirements for the Owner/Signee.
Owner must be 18 years or older to sign this Agreement and to use the Services described herein.
Owner must have the legal right to make decisions on behalf of the company, corporation, or business concerning any of their websites and other IT resources.
(b) Rights & Responsibilities of Both Parties.
Owner is responsible for all content posted and activity that occurs under the Owner’s account. The Owner is also responsible for any changes made to the Website by others acting on their behalf, if any.
Owner may not use the Service for any illegal or unauthorized purpose. Owner must not, in the use of the Service, violate any laws in their jurisdiction (including but not limited to copyright laws).
Owner’s use of the Service is at their sole risk. The service is provided on an “as is” and “as available” basis.
The Provider may, but has no obligation to, remove Content and Accounts containing content that the Provider determines in their sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
(c) Statements of Mutual Understanding.
The Owner understands that the Provider occasionally makes mistakes. Many elements of website hosting, maintenance, design, and development are not automated but performed by human technicians. The Provider will not be liable to the Owner or any third party for mistakes made.
The Owner understands that the Provider may use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide all of the Services described in section 1.
Owner understands that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Provider does not guarantee the following:
That the service will be 100% uninterrupted, timely, secure, or completely error-free, (though we strive for and consistently achieve 99.9% uptime for client sites)
That the results that may be obtained from the use of the Service will always be accurate, or
That the quality of any products, services, information, or other material purchased or obtained by the Owner through the Service will meet the Owner’s expectations if they are outside the realm of the described website plans.
The Owner expressly understands and agrees that the Provider shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
The use of or the inability to use the service,
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through, or from the service,
Unauthorized access to or alteration of your transmissions or data,
Statements of conduct of any third party on the service, or
Any other matter relating the service.
Neither Party shall be liable for any delay or failure to perform its obligations due to any cause beyond its reasonable control including, without limitation, fire, weather, accident, act of public enemy, act of terrorism, war, rebellion, insurrection, strike, lockout, work slowdown, or similar industrial or labor action, sabotage, transportation delay, shortage of raw material, energy or machinery, act of God, act or omission of Customer, or the order or judgment of any federal, state, local, or foreign court, administrative agency, or other government office or body.
8. Terms of Service Agreement
By using any of ConvertCraft Digital Marketing’s products or services (hosting, website design, website updates, graphic design, content writing, SEO, marketing services, and tools), you are agreeing to be bound by the terms and conditions contained in the entirety of this document. Ordering this service via any method (email, online, phone, or in-person) also binds you to these Terms of Service.
ConvertCraft Digital Marketing reserves the right to update and change the Terms of Service with 10-15 days written notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
The failure of the Provider to exercise or enforce any right or provision contained in this Agreement shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between the Owner and the Provider and govern the Owner’s use of the Service, superseding any prior agreements between the Owner and ConvertCraft Digital Marketing.
9. HEADINGS
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement’s construction or interpretation.
10. AGREEMENT DETAILS
Client Name: {{first_name}} {{surname}}
Company Name: {{company_name}}
Website URL: example.com