Website Maintenance Terms of Service

WordPress Site Maintenance Packages
MAINTENANCE AGREEMENT TERMS AND CONDITIONS

CURRENT PACKAGES

Offers subject to change without notice. Packages available as of July 16, 2019.

BASIC PACKAGE

  • Daily Back Ups
  • Weekly Plugin Updates
  • WordPress Updates
  • PHP Updates
  • Discounted Hourly Rate ($75)

1. SCOPE OF COVERAGE
For purposes of this Maintenance Agreement “Website” includes the site listed as part of the order. This Agreement covers one site only and each site will require a separate agreement. “Services” include the listed tasks as detailed in the Package chosen by the Client. This Maintenance Agreement (“Agreement”) covers labor for agreed upon services. Jacqui Burke and Jaybird Social Media (“Jaybird”) reserve the right, at any time, to change any of the terms and conditions herein and will communicate material changes to Customer. Customer’s continued use of Jaybird’s services thereafter will be deemed acceptance thereof.

2. PREMIUM HOURS and DISCOUNTED HOURS
Premium Hours are the number of hours included as part of the monthly Agreement. Premium Hours are to be used in the month paid and cannot be banked or held over from one month to the next. Any hours’ work performed over the Premium Hours limit will be billed at the agreed upon Discounted Hours rate.

3. TERM
The effective date of this Agreement is the date of Customer’s submission (“Start Date” or “Monthly Renewal Date”). The Agreement shall continue for either one calendar month and will be automatically renewed on the same date in the following month. If the Client halts the monthly payments or is unable to pay (for whatever reason), the Agreement is null and void for both parties and Jaybird is under no obligation to continue services, give access to back-ups, or complete partially performed updates or fixes, changes, or development work on the website.

4. CHARGES
The initial monthly maintenance charge under this Agreement (the “Base Rate”) is equal to the initial amount paid for the Package. The Base Rate is billed one month in advance. State or local taxes will be added and indicated on each invoice. Any renewal term will include JAYBIRD’s published rates in effect within ninety (90) days prior to, or thirty (30) days after Customer’s Anniversary Date. Customer agrees to pay to JAYBIRD the total amount of such charges at the beginning of the month through automatic payment.

Customer understands that alterations, attachments, specification changes or cost of parts, supplies of services may require an increase in maintenance charges and agrees to pay such charges promptly when due. JAYBIRD reserves the right to bill all time over the Premium Hours included in this agreement to Customer for extra time incurred in providing service under this Agreement, at the Discounted Hours rate.

5. TERMINATION
Customer may terminate this Agreement at any time by cancelling the automatic PAYPAL payment prior to the Renewal Date that month. Once terminated, Jaybird is under no obligation to provide further service, copies of backups, or completion of any job, fix, change, or site development project.

6. BREACH OR DEFAULT
If the Customer fails to pay their monthly renewal, for whatever reason, Jaybird is under no obligation to continue to monitor, update, backup or other service on the website. Further, Jaybird is under no obligation to provide copies or back ups or complete any work including any fixes, changes, or site development.

7. REMOTE SUPPORT & SITE RESTORATION
Jaybird is available for limited remote support, with response rates under 4 hours (where possible) and will diagnose (as best as possible) and fix what they can. Remote Support Site restores are available during “Standard Business Hours” (9:00 am – 5:00 pm, Monday to Friday). Requested work outside Standard Business Hours will be charged at double the Premium Hours or Discounted Rate.

8. LIMITATIONS.
This Agreement covers labour for updates and maintenance services as detailed on the Agreement. It does not cover:
1) Site damage resulting from attempts by personnel other than a JAYBIRD representative to install, repair or service the website unless directed by a JAYBIRD representative;
2) Site problems/pauses from hosting deficiencies or service;
3) Maintenance or virus cleaning or repair damage, malfunction, or degradation Or performance resulting outside of the Agreement Term
4) Repair misuse, abuse, negligence or causes beyond the control of JAYBIRD, including electrical
5) surges, acts of God and natural disasters.
6) Movement or migration of website either by the Client or their Hosting Provider.

9. SOFTWARE AND FIRMWARE UPDATES
Updates of plugins, WordPress, and PHP as necessary and as notified through the WordPress system. Any failure of WordPress to report on-site deficiencies is not to be considered the fault of JAYBIRD and JAYBIRD will not be held responsible for any extra work or outages that might be caused by said lack of notification.

10. NO WARRANTY
Other than the obligations set forth herein, JAYBIRD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INCOME ESTABLISHED, PROMISED OR OTHERWISE, FITNESS FOR USE, AND/ OR FITNESS FOR A PARTICULAR PURPOSE. JAYBIRD SHALL NOT BE RESPONSIBLE FOR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES ARISING OUT OF THE USE OR PERFORMANCE, OUTAGES, STOPPAGES, FOR WHATEVER REASON.

11. PERSONNEL
JAYBIRD reserves the right to determine the assignment of its employees or its third party contractors in providing service hereunder.