This Maintenance Agreement [Agreement] is between [Client] and LMK Web Services [LMK] for monthly plugin updates, remote uptime and security monitoring, and backup management for one website.
The Agreement fees are $59 per month or $660 per year until cancelled. Technical support is available for a reduced rate of $94 per hour for any functions not covered by this agreement.
By signing this document, you confirm that you have read this Agreement and will abide by the terms and conditions explained within.
Initial & Ongoing Updates
Any website that is substantially out-of-date, defined as having software that has not been updated in excess of 6 months, must be brought up-to-date upon entering into this Agreement. This initial software update is NOT included in the Agreement fee. Following an evaluation of the website software, LMK will provide an estimate for bringing all website software current. This work will be billed with the first monthly invoice or added to the first annual invoice.
The Client will select a preferred day and time for LMK to perform monthly updates. See the signature page for options. Please note that the selected day and time are not a guarantee that the work will be performed at that selected time. LMK will make every effort to meet the selected time, but due to external circumstances may need to shift the day or time or both. If there is a day or time that you DO NOT wish any updates to be made to your website, you must notify LMK in writing.
Failed Updates
In the event that monthly updates fail, LMK will troubleshoot and attempt to resolve any conflicts or other issues, and immediately roll back any updates that cause a site outage and restore the site. Failed updates or other software incompatibilities will be communicated to the Client in the monthly update letter under “Issues Identified.” Resolution of the issues will be billed at the Agreement hourly rate.
Support Requests
The Client may request support outside of regularly-scheduled monthly updates by contacting LMK via email or phone during regular business hours. Urgent requests should be made by phone. LMK will respond to most support requests within one business day, with work scheduled as time allows. All work performed will be billed the subsequent month, either via standalone invoice or added to the monthly MA invoice, at the reduced rate for technical support noted above.
Software Licenses and Subscriptions
While Open Source software such as the WordPress and Joomla Content Management Systems are free software, many of the plugins that extend their basic functionality are not. In certain circumstances, LMK maintains developer licenses and/or subscriptions for commercial software and may use this software on the Client’s website for security or functionality purposes. LMK will keep the license information updated for the aforementioned software for the duration of the Agreement.
For any software licenses not maintained by LMK, the Client is responsible for all renewal fees and subscriptions. LMK cannot update software for which there is no current license. This agreement is rendered invalid if the Client refuses to provide a license for software running on the website, unless that software is removed, or unless the Client acknowledges that any outdated software constitutes a security risk and may lead to a hacked or broken website. Support time required to fix a hacked site or correct an outage will be billed at the hourly Agreement rate. After cancellation of the Agreement, all software licenses and renewals are the sole responsibility of the Client.
Backups
This Agreement includes backup management. LMK will schedule backups on a regular basis, frequency to be determined in consultation with the Client, and store them on the cloud. The Client will be provided direct access to their website’s cloud backup storage folder.
Website Security
This Agreement includes installation of security/firewall software and remote monitoring for security violations. Although LMK makes every effort to provide secure websites, due to the nature of rapidly advancing technology, LMK can in no way guaranty that the website will not be subject to security breaches. LMK recommends the use of strong passwords, plus two factor authentication for all site administrators, and the observance of standard security practices. Security-related components are not designed to offer 100 percent protection of the Client’s website against any attack imaginable. LMK cannot be held liable for any successful attack on the website.
Uptime Monitoring
LMK will monitor the website for outages and will notify the Client regarding any unusual downtime. Troubleshooting the cause of the outage and resolving the issue are outside of the scope of this Agreement, but support may be requested at the discounted technical support rate.
Payment Terms
The initial payment is due immediately upon receipt of the Agreement invoice. LMK recommends setting up autopay to ensure invoices are not missed. LMK requires a credit card to be kept on file for monthly billing. Invoice terms stipulate payment must be made within 10 days. Failure to remit payment within 10 days may result in stoppage of work until payment has been received. No updates will be performed when there is an unpaid invoice. Failure to pay within 60 days of invoicing will result in the addition of a 1.5 percent late fee to the invoice, with an additional 1.5 percent added after 90 days from the date of the invoice. Unpaid invoices older than 120 days may be subject to litigation, including but not limited to small claims court or debt collectors.
Renewal
Monthly or annual billing for this Agreement will continue until cancelled by either the Client or LMK. The Agreement fee will not change for the duration.
Cancellation
Either party may cancel this Agreement at any time by notifying the other party in writing. Following cancellation, it will be the responsibility of the Client to ensure all passwords and access points granted to LMK have been changed or revoked. LMK reserves the right to cancel this Agreement if the Client makes late invoice payments more than twice. LMK will notify the Client in writing regarding pending cancellation for late payments. Upon cancellation, proprietary software and/or license keys for software licensed by LMK will be removed from the website and future software renewals will be the responsibility of the Client. Backups will be removed from the cloud storage 30 days after cancellation. It is the responsibility of the Client to download and save all backup files to a secure location.
Refunds
There are no refunds for fees paid under this Agreement. Monthly billing is available and may be discontinued at any time to cancel this Agreement and avoid additional charges.
Privacy
As a technical support and/or consultant, LMK may have access to sensitive data and information about your company, clients, members, vendors, employees, and any others from whom you collect and store data. LMK agrees to follow best practices in accessing and securing your data. LMK agrees not to share any information with any other parties, unless that information is shared with employees, contractors, or vendors of LMK who must have this information to fulfill the terms of the Agreement, and who agree to abide by the terms and conditions of the Agreement. LMK will not publish, rent, or sell your information for any purpose, excluding promotion such as testimonials and online portfolios. Clients may opt-out of being publicly recognized as a client of LMK at any time by submitting a request in writing.
Limited Liability
The Client will be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the Client of the completed website or any reliance thereon; and (c) obtaining the required licenses and respect copyright for any and all third part assets including but not limited to fonts, media, and software. The Client will also be responsible for the continued operation and maintenance of the computer equipment used in conjunction with the website, and must comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.
The Client agrees that any liability of LMK relating to this Agreement and the services performed will be limited to the amount of fees actually received by LMK from the Client under this agreement. In no event will LMK be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.
By checking the Terms & Conditions box, I confirm that I have read and agree to these terms for the duration of the Agreement.