Website Maintenance Terms of Business & Services
These terms of business and services cover the conditions of working with Hola as a customer or client and details specific terms for the supply of a Website Maintenance Service. We ask all clients to read and understand these conditions before accepting a quote and / or providing instructions to commence work.
Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Hola.
Important: Approval by email for the work to commence indicates that the client accepts the terms and conditions outlined in the document.
Hola: Means Hola! Websites
Client: Means the customer / the client
The Client is engaging Hola to access their website/s files and update, backup, scan, add or remove them as part of a website maintenance service.
If purchasing a monthly or quarterly plan, the Client agrees to pay their invoice on time and in advance of maintenance tasks being carried out by Hola. The Client may cancel the package by providing written notice (email will suffice) no later than the 21st of the month prior to ceasing the agreement.
Hola agrees to conduct the following each month or quarter depending on the Client’s package:
- Theme, plugin and WordPress version updates when available
- Security/vulnerability scan
- Performance scan
- Page & post optimisation
- Full website backup
- Provide recommendations for improvements, if any.
- Some plans may include uptime monitoring and Google Analytics reporting as well. The Client can ask Hola if they’d like this to be included in their package.
In order to make content updates or development changes, the Client must complete Hola’s brief form outlining the changes they would like Hola to make. This form must be completed and submitted to Hola on or before the 28th of each month.
1. General Terms:
- Payment Options: Payment is currently accepted by direct deposit in Australian Dollars (AUD) unless otherwise agreed. See quotation or invoice terms for details.
- Payment Dates: Invoices will be issued on the 28th of each month (or next/closest business day) and are due within 7 days. Once payment is received, Hola will conduct the set maintenance tasks during the first or second week of each month (or quarter). IMPORTANT: Hola will not conduct the set maintenance tasks for that month/quarter until payment is received in full. The Client is still liable for payment for that month unless the Client has cancelled their package by providing written notice as stated in the “Client Agreement” section of these Terms & Conditions.
- Work Outside our Scope: Any technical or specialised work specifically requested by the Client that is outside our scope or abilities may be outsourced. Hola will aim to provide alternative solutions to match the Client’s needs. Alternatively, the Client may cover the costs associated with training Hola to accomplish this work or it may be agreed that Hola will cover these costs in the interests of professional development.
- Completion of Work: Hola warrants completing the Work in accordance with the terms and conditions stated in this document, to the specifications previously agreed with the Client. Hola will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. Hola will not undertake changes to the specifications of the Work which would increase the cost, without prior written authorisation from the Client.
- Approval of Work: On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Hola in writing (email will suffice), of any unsatisfactory points within 7 days of receipt of such notification. Any of the Work which has not been reported in writing to Hola as unsatisfactory within the 7 day review period will be deemed to have been approved. Approved work, or deemed approved work, cannot subsequently be rejected, and the contract will be deemed to have been completed.
- Customer Satisfaction: If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by Hola to remedy any points reported by the Client as unsatisfactory, and Hola considers that the Client is unreasonable in their repeated rejection of the Work, the contract will be deemed to have expired. Paid deposits are forfeited. Intellectual Copyright of final artwork / source code / images will remain with Hola as per ‘Intellectual Copyright’ terms as within, and Hola can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
- Consequential Loss: Under no circumstances will Hola be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should be aware that only when a current maintenance contract is in place, will Hola hold responsibility for keeping backup copies of the Client’s website. Unfortunately malicious software, spyware, viruses and website hacking are common threats and Hola cannot be held responsible for problems that develop on the Client’s website as a result of such illegal activity. If such a problem does occur however, if a current website maintenance package is in place, Hola agrees to restore the Client’s website with the latest uncompromised backup copy within 7 days of written notification (email will suffice). In most circumstances, websites will be restores sooner than 7 days. Should changes in technology mean that at some future date the website no longer functions as originally intended, Hola will undertake to update the website accordingly, subject to the time allowed for in the current website maintenance package OR for a quoted hourly fee.
2. Data Storage Policy
- Data Storage: Hola stores final client artwork / source code / images / other materials for a sufficient period preceding the completion of the project and up to a point when the project is deemed dormant. Dormant project files are archived for a minimum period of 1 year after the completion of the project.
- Client Supply: The Client can request project files to be supplied to them electronically, though they accept responsibility for the safe keeping of these files from that time and beyond any archive period detailed above.
- Supporting Files: Supporting files, used for the creation of any project(s) are deleted when the project is deemed dormant and therefore Hola holds no liability or responsibility to store such media files on their system(s).
- Backup Liability: Hola takes appropriate precautions and practices to backup Client project files through a range of backup and archive systems. However, Hola offers no guarantee or warranty for projects neither deemed dormant nor past any archiving period detailed above.
- Wavier: In the event of an act of God or circumstances beyond their control, and ensuring all precautionary practices were followed, Hola holds no liability for the safe keeping or backup of the Client’s project files nor the responsibility to re-create any such files without fees.
3. Disclaimer & Wavier
- Wavier of Terms: Should Hola waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Hola to waive the same clause on any other occasion. By agreeing to these terms and conditions the Client’s statutory rights are not affected. Hola reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above points be required please contact us.
4. Additional Terms
- Where applicable we may impose additional terms and conditions individually respective of the media design / project concerned. These additional terms, if any, will be detailed in the quotation supplied or via email for the media design / project concerned.
Acknowledgment: www.mediasurgery.co.uk | Revised: November 2016 – v2