Website Maintenance Agreement

Between: Client (you, your employees, and agents) And: Ruben Young (“RY Design”) Applies to: All monthly website maintenance services (“Maintenance Services”) purchased by Client.

1. Term & Termination

• Agreement begins when Client signs up for Maintenance Services.
• Either party may terminate with 30‑day written notice if the other party breaches a material obligation and fails to cure within 30 days.
• RY Design may terminate immediately if:
  • Client fails to pay fees.
  • Client fails to cooperate or hinders RY Design’s ability to perform services.

2. Maintenance Services Provided

RY Design will provide the following services (based on the package purchased):

• Updates to CMS, plugins, and themes.*
• Daily or monthly cloud backups.*
• Backup recovery.*
• Uptime monitoring.*
• Regular security scans.*
• SEO keyword ranking monitoring.*
• Performance optimization.*
• Analytics monitoring.*
• Updates to text, images, and minor page changes (time based on package).*
• Website support requests count toward monthly allotted time.

\Tasks occur throughout the month and appear in monthly reports. \SEO monitoring is limited; full SEO services are not included.

3. Malware, Spam, & Malicious Code

• $50/hr for removal if Client is already on a maintenance plan.
• $85/hr if malware existed before signup.
• Does not include working with Google or search engines to resolve penalties.

4. Fees, Refunds & Cancellations

• Fees must be paid before services begin.
• No refunds under any circumstances.
• Client must pay for any additional work beyond monthly allotted time.
• RY Design may charge Client’s payment method for any owed amounts.

5. Client Responsibilities

Client agrees to:

• Answer RY Design’s questions promptly.
• Provide website access and hosting credentials.
• Provide accurate content update information.
• Ensure proper hosting permissions.

6. Client Acknowledgements

Client understands that:

• Work is scheduled according to RY Design’s workflow; emergency = site down.
• Failure to answer critical questions within 5 business days may push tasks to next month.
• Update time is billed in 15‑minute increments.
• Unused time does not roll over.
• Additional tasks beyond monthly allotment billed at $50/hr.
• Changes requested after a completed task count toward monthly time.
• Website updates exclude image editing, graphic design, database work, programming, and major redesigns (>50% change).
• Complex plugin integrations, shopping carts, APIs, forums, etc. require separate agreements.
• Training (WordPress, email, SEO) is not included.
• RY Design is not responsible for hosting issues, email issues, or third‑party plugin failures.
• RY Design will not repair websites compromised before maintenance signup.
• Scheduling is at RY Design’s discretion except for emergencies.
• Additional services:
  • $50/hr for content/design
  • $85/hr for development, backend troubleshooting, PHP, MySQL, SSL, APIs

7. Indemnification

Client agrees to indemnify RY Design for claims arising from:

• Client-provided content.
• Intellectual property disputes.
• RY Design must notify Client promptly and allow Client to control defense.

8. Disclaimer of Warranties

• Maintenance Services are provided “as is.”
• RY Design does not guarantee performance or results.
• All implied warranties (merchantability, fitness for purpose) are disclaimed.
• If any provision is unlawful or unenforceable, it is severed without affecting the rest.

9. Limited Liability

RY Design is not liable for:

• Indirect, special, or consequential damages.
• Lost profits.
• Loss of data.
• Third‑party products or software.
• No refunds.

10. Client Representations

Client guarantees:

• All provided content is owned or properly licensed.
• Website was not compromised prior to maintenance signup.
• Client will comply with all laws, taxes, and tariffs related to e‑commerce.

11. Confidentiality

Both parties agree to protect each other’s confidential information for 3 years. Confidential information excludes publicly known, previously known, independently developed, or legally compelled disclosures.

12. Force Majeure

Neither party is liable for delays caused by events beyond reasonable control.

13. Relationship of Parties

RY Design is an independent contractor, not an employee, partner, or agent.

14. Notice & Payment

Notices must be delivered personally, via certified/registered mail, or Royal Mail. Either party may update their address via written notice.

15. Jurisdiction & Disputes

Governed by England and Wales. Courts of England have exclusive jurisdiction.

16. Binding Effect

Agreement binds and benefits both parties and their successors/assigns.

17. Assignability

Client may not assign the Agreement without written approval. RY Design may assign subcontractors as needed.

18. Waiver

No waiver of any default applies to prior or future defaults.

19. Severability

Invalid provisions are severed without affecting the rest.

20. No Inference Against Author

No clause is interpreted against the drafting party.

21. Read & Understood

By purchasing a Maintenance Package, Client acknowledges reading and agreeing to all terms.