Website Maintenance Terms

Terms and Conditions for Website Maintenance Service

This is just a sample contract, each contract is tailored to an individual client’s requirements.

1. Definition of Terms

Ninja by Design
Ninja by Design, aforesaid.
The Client
The entity or person which enters into a contract with Ninja by Design.
Content Management System (CMS)
Software for facilitating the maintenance of content, but not design, on a web site.
Downtime
Time when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site.
FTP
File Transfer Protocol, a client-server protocol for transferring files.
Hosting Provider
a company or organisation which provides, usually for a fee, infrastructure for making information accessible via the worldwide web. This involves the use of a web server (including web server software such as Apache), and may involve one or more related technologies, such as FTP, PHP, MySQL, and operating system software such as Linux or Unix.

2. The Agreement

This agreement is between Ninja by Design and the Client.

The client is contracting Ninja by Design as a provider of web site maintenance services. Services not considered ‘standard website maintenance’ are subject to be charged at a reduced hourly rate of £TBA +VAT, and will not be considered part of this contract. The minimum charge for maintenance is £TBA +VAT, any additional work over the 2 hours of development time included in this agreement will be charged at £TBA +VAT per hour.

What IS included in this agreement

  1. Edit, revise, update or create new textual/minor graphical content.
  2. Consultation, and guidance on the use of the web site.
  3. On page SEO such as Meta tags (title, description, keywords), alt tag, h1, h2, h3.
  4. WordPress Core Updates – Checked Weekly
  5. WordPress Plugin Updates – Checked Daily
  6. WordPress Theme Updates – Checked Daily
  7. Database Clean up, including any spam comments and clearing post/page revisions
  8. Performance Benchmarking – Done Weekly
  9. Malware Scans and Security Software Installed – Scanned Daily
  10. Weekly Full Backup’s Stored Offsite
  11. Daily Database Backup’s Stored Offsite
  12. Uptime Monitoring – Hourly Monitoring
  13. 2 Hours of Development Time per month for changes, fixes and SEO
  14. Monthly Activity Report detailing work carried out and development hours used.

Priority Support Hours are 9 am to 6 pm Monday to Friday, Development hours can roll over during the 6 months of this agreement but cannot be used in advance.

What is NOT included in this agreement

  1. Web site redesign, re-alignment or re-development equalling more than 50% change to web page, web site, web graphics on the website (i.e. 4 graphics on website, and you want 3 changed, there is a charge for anything above 2, meaning 50%)
  2. CMS design or integration including but not limited to blogs, shopping carts and web forums. These require a separate design agreement.

3. Total Agreement

Ninja by Design  shall provide Client with minor updates to the web site for an indefinite period within this contract. The contract will be paid on a Monthly Basis with the 1st payment due as soon as this document is signed and each payment due around the date of initial payment of each month.

Maintenance services will not start until contract signed and 1st payment has been received.

During the duration of this contract, the Client agrees that Ninja by Design will be the sole provider of maintenance services for the web site, and no other party will have access to or rights to change the web site. If a party other than Ninja by Design makes changes to the web site, any errors that are created must be repaired and will be charged for at the hourly rate specified above. Minor updates should not exceed more than 50% of the content on any single site page, THE PERCENTAGE TO BE DETERMINED BY Ninja by Design.

4. Deadlines & Deliverables

Ninja by Design will respond to all maintenance requests from Client within 24 hours on weekdays and 48 hours on weekends, via support site (http://support.ninjabydesign.com) or phone, with a confirmation that the request was received, and an estimated completion date for each action item in the request. Maintenance requests received after 5pm (UK Time) may not be completed until the next business day unless prior arrangements have been made. Most work will be done within this time frame, this is mostly precautionary.

Ninja by Design will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that Ninja by Design has any issues in delivering on a quoted deadline, Client will be notified via email or telephone the reasoning for any change.

5. Additional Services

Any revisions, additions or redesign Client requests Ninja by Design to perform that is not specified in this document shall be considered “additional” and will require separate agreement and payment. Ninja by Design shall advise Client on any requested work that falls within these bounds

6. Authorisation

Client hereby authorises Ninja by Design to access their web hosting account, providing active user name / password combinations for access to the Control Panel, server via FTP and WordPress Administration Panel assuring that ‘write permissions’ are in place on said hosting provider.

7. General

Modifications to this Agreement must be in writing and signed by both parties. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach. All notices under this Agreement shall be given in writing either by: (a) Fax or Email, with return confirmation of receipt; (b) Certified or Registered mail, with return receipt requested. Notice will be effective when received, or in the case of email or fax, on confirmation of receipt. Rights or obligations under this Agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party. This Agreement shall be governed by the law of England. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law. Headings and numbering used in this Agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this Agreement, and shall not have any legal effect. This Agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this Agreement.