Service Plan Agreement
Initial payment covers the first month of service including site audit, consultation, migration and priority maintenance up to 2 hours of work, and setup of all core services. The fee will be debited from your credit card monthly unless other arrangements have been made.
It’s important for us to get on the same page with you and to establish a partnership to best secure and maintain your web site. You will need to provide administrator access to the WordPress site, current domain registrar, hosting, Google account (for analytics and other integrations), and any other relevant accounts requested to properly support your web site.
Once RadiateWP receives the access information, an Initial Site Audit and Review will be performed, and the Site Recommendations Report will be delivered. We will be available to walk through the report with you and answer questions. You are responsible for reviewing this Report and approving the recommendations before we continue with maintenance and modifications to the site.
RadiateWP will make every effort to keep your site secure, functional and optimized for speed. However, we view these things — especially security — as shared responsibilities. We will make occasional recommendations regarding passwords, settings, plugins, and practices, and we expect our clients to respond promptly and comply to the best of their ability.
In the course of providing ongoing maintenance and support, we are often asked to add content to your site. When needed, you will provide text and visual materials, including product images, pricing, terms of service, trademarks, video, animation, music and the like, in standard file formats (collectively, “Client Content”). By accepting these terms, you represent and warrant that all Client Content does not and will not infringe any patent, copyright, trademark, trade secret, right of publicity or contract right or other third-party proprietary right. You must obtain all necessary permissions and licenses for third-party music, video, images and text to be added to the site.
In the event that stock photography is needed, we can assist with the search and selection of images as a part of our support services. Images selected and downloaded by RadiateWP and our contractors will be charged a fee for the purchase of the photos. Photos can be purchased in increments of 5 at a price of $20. Ten stock photography images can be purchased for $40. Note that all stock photography purchased by RadiateWP will be purchased through DepositPhotos.com. If your find images on a different stock photography site that you wish to use, then you will be responsible for purchasing, downloading and sending those images to us.
CROSS BROWSER COMPATIBILITY
RadiateWP will make reasonable efforts to standardize the site so that it is compatible with all modern browsers, however, there is no way to account for proper display on every single past and future browser or device.
LIMITATION OF LIABILITY
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before engaging in our services.
Although we strive for your website’s optimal performance and security, we did not build the WordPress software or plugins used on the website. For this reason, RadiateWP does not represent, guarantee or warrant that the functions contained in these webpages or internet website will be will be uninterrupted, error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and RadiateWP disclaims any liability relating thereto.
To the extent not prohibited by law, in no event will RadiateWP be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, however caused, even if RadiateWP has been advised of the possibility of such damages.
RESPONSIBILITIES PREMIUM THEMES AND PLUGINS
RadiateWP owns licenses for certain frequently used plugins and themes. As a client of RadiateWP, you have access to these licenses as long as you remain a client. Should the management services contract be cancelled, you will need to purchase valid licenses to the plugins in order for the plugin to continue to receive updates. Should the site require a theme or plugin outside the collection of standard plugins that we own, we can purchase the plugin for you and the cost will be added to your next monthly invoice. You may also purchase this license and give us the license key. IMPORTANT – It is vitally important to the health and security of your site that all licensed keys are updated. Your response and cooperation is needed to make certain that these license keys are maintained.
Your response and assistance with maintaining the licenses of all premium plugins and themes is essential for the health and security of your site. In the event that we do not receive a response from you regarding the issue within 90 days, we may purchase the license for you and add this to your next monthly bill.
THIRD PARTY OR CLIENT PAGE MODIFICATION
You acknowledge that anyone other than RadiateWP or its subcontractors who attempt to update the website and damages the design or impairs the ability for the web pages to display or function properly, may result in time to repair the web pages in order to restore the website.
Work to repair the website from third-party modifications is outside of the covered maintenance agreement for time and scope of the on-going website care. In this event, damages will be repaired under a support request. If your plan does not include support hours, then the support will be billed as an overage at at an hourly rate of $125 per hour.
You must obtain permission and rights to use any information or files that are copyrighted by a third party. You are further responsible for granting RadiateWP permission and rights for use of the same and agrees to indemnify and hold harmless RadiateWP from any and all claims resulting from the your negligence or inability to obtain proper copyright permissions. A contract for website maintenance and support shall be regarded as a guarantee by Client to RadiateWP that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners.
In order to migrate the site, RadiateWP must be granted temporary read/write access to the Client’s storage directories. Depending on the specific nature of the project, other resources might also need to be configured on the server.
DOMAIN NAMES AND THIRD PARTY VENDORS
RadiateWP may purchase domain names or services on your behalf. Payment and renewal of those services is your responsibility unless mentioned otherwise in the contract. The loss, cancellation or otherwise of these services brought about by non or late payment is not the responsibility of RadiateWP. It is a good idea to keep a record of the due dates for payment to ensure that payment is received in good time.
PRICING AND PAYMENTS
Once a client of RadiateWP, you authorize us to charge the payment method you submitted for all the invoices generated for the services rendered under this ongoing website care plan. Charges will occur monthly on the same day of the month. Should you wish to change your credit card, you may log into your client portal, or send a support request and we can send you a link to update your credit card.
Should you choose to terminate the contract at any time and for any reason, you agree to provide a one-month written/emailed notice of termination. In addition, should RadiateWP wish to terminate the contract, a one-month written/emailed notice of termination will be provided to you. This ensures time to transition the project without disrupting services. Should you choose to terminate the project at any time and for any reason, RadiateWP is entitled to full payment for all time invested to that point. Upon termination, the client is responsible for migrating the site off the current RadiateWP web hosting servers.
NONPAYMENT OF FEES
First 30 Days – If an ongoing website management payment is not received by the end of any calendar month, we will continue to host and/or maintain the site for the first 30 days while we notify Client to re-establish payment.
Day 31 – 60 – The site will remain live. However, if the site is a “managed site”, RadiateWP will no longer perform management duties during this time frame as we attempt to re-establish payment.
Day 61 – 90 – The site is no longer visible to the public. The site remains on the web server and is not yet deleted, however, it isn’t visible to the public until a payment plan is established.
Day 91 – A final backup of the site is taken and shared with the client, and the site is deleted from the web server.