Maintenance Plan Agreement:
$ 100 per month, recurring
Pricing may change if the requirements of the website changes.
We will:
- Monthly Website Backups at the server level, Daily from the WP dashboard.
- Updates to Plugins, Themes & WP Core (as needed per software developers of plugins, themes, WP core)
- Monthly Security Scan
- Usage of Cymatics, Inc licenses for themes, plugins, and any other software needed to run your website. So you don't have to worry about renewing these vital themes and plugins that help your website function and look.
- And include the setup and maintenance of Termageddon for privacy policy, Cookie banners, terms and conditions.
- A website accessibility statement.
You:
- You have the authority to enter into this contract on behalf of yourself, your company or your organization.
- If needed, you’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for.
- If needed, to provide Cymatics, Inc. with access to its website for creating new pages, and making changes for the purpose of providing Maintenance & Hosting Services.
- To provide Cymatics, Inc. access to their web hosting account, providing active user name / password combinations for access to the server, if needed.
Term and Termination
This Agreement shall be effective as of the time Client signs up for Maintenance Services. This Agreement may be terminated by either party upon
30 day written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Cymatics, Inc. immediately if Client fails to pay any fees hereunder; or if Client fails to cooperate with Cymatics, Inc. or hinders Cymatics, Inc. ability to perform the Maintenance Services hereunder. Packaging up the website for migration and any other end-of-service fee will be
$495.00. The client shall be responsible for acquiring their own licenses to any themes, plugins and any other 3rd party software that is needed for your website to operate after termination.
Malware, Malicious Spam, or Malicious Code
Removal of malware, spam, and malicious code from Client’s website is available for an additional charge of
$999 per incident for clients who are on a service plan at the time of infection.
These charges do not include working with Google or other search engines on your behalf to solve any issues your infection has caused you with their services.
All websites must be free of malware, malicious spam, or malicious code before signing up with our Maintenance & Hosting Plan.
- All updates are scheduled at our convenience and in accordance with our schedule. We have a process and a workflow that we use to maintain all of our clients’ websites in a fair and orderly fashion. The only exception being in the case of Client’s website being totally offline or down for some reason, in which case their issue would be considered an ‘emergency’ and would take priority.
- Website updates do not include website redesign, re-alignment or re-development, this falls under the Website Agreement previously signed at start of project or will require a new Agreement.
- Maintenance Agreement does not include training on how to use your website, WordPress, or email.
- Maintenance Agreement does not include training on search engine optimization (SEO) or other online digital marketing.
- All communications will be done during regular business hours, which are Monday through Friday from 9:00 AM to 5:00 PM (CST). You may email us whenever it’s convenient for you and your schedule, we just may not be able to get to it until the next business day.
- if you are hosting with anyone but Cymatics, Cymatics, Inc. has no control over your hosting company in regards to server downtime, incompatibilities with software, PHP compatibility issues, etc. But, if hosting with Cymatics, we make every effort to make sure that your website is up and running, that PHP compatibility is up-to-date, etc. You will not be given access to the server under any circumstances. If you wish to migrate to a different server, we will work with you in that process to the host of your choosing. We enforce this because of security issues.
- Cymatics, Inc. is not responsible for Client’s email issues or troubleshooting problems on their own computer. Our role is to maintain and keep your website running at its optimal capabilities.
- Cymatics, Inc. has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Client’s web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.
- Cymatics, Inc. is not responsible for changes made to Client’s web site(s) by other parties, including the Client themself.
- During the duration of this contract, the Client agrees that Cymatics, Inc. will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the web site. If a party, including the Client, other than Cymatics, Inc. makes changes to the web site, any errors that are created must be repaired and will be charged at $250/hour until the site is repaired.
- Cymatics, Inc is not responsible for third-party plugins that may become unusable as a result of Maintenance Services performed. Meaning Cymatics, Inc is not the developer of such software thus has no rights to modify software. But if themes or plugins become unstable, we will notify you of the issue and will begin searching for a new theme or plugin to utilize.
- Cymatics, Inc. will not repair Client’s website(s) that became compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
- Recovery or repair of Client’s website is not guaranteed, as part of this maintenance agreement, we take backups of the site every month on the server level, daily backups are run from the WP dashboard. But if the server has been badly affected the backups may not work and thus require a change of servers and possibly rebuild all or parts of the website to get it back up and running. This will require time and cost to bring the website back at the hourly rate, and will be discussed with you if such an event occurs.
- Agreement Binding on Successors - The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
- Assignability- Client may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Cymatics, Inc. Cymatics, Inc. reserves the right to assign subcontractors as needed to this project to ensure on-time completion
- Waiver - No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of the other provision of this Agreement.
- Severability-If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
- No inference Against Author- No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.
- Disputes-Client and Cymatics, Inc. agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement, within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Cook County, Illinois and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Illinois sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Illinois or any other applicable law. the arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
By check-marking the box and purchasing a Maintenance Plan, Client acknowledges that they have read and understand this Agreement and agree to be bound by its terms and conditions.