Website Care Plans are a service (the “Service”) offered by Web Kit Agency at https://webkit.davidweb.pro, operated by Web Kit Agency c/o David Maillard (“me”, “I”, “mine”, “we” or “us”). Please read these Website Care Plan Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before signing up.
Web Kit Agency provides Website Care Plans to keep Clients’ WordPress websites secure and performing at their best, with regular updates and other services.
Website Care Plans are provided on a year-by-year basis with payment occurring quarterly or yearly, and clients can cancel at any time. No refund will be given for unused time that has been previously paid for. Payment on invoices issued prior to cancellation will remain due in full.
Details provided by the client during the sign-up process will be used as the point of contact unless otherwise specified.
Authorisation
The Client is engaging Web Kit Agency as an independent contractor for the specific task of providing regular WordPress maintenance and support as described on this page. In order to enable my fulfilment of this agreement, the Client agrees to provide me with access to the following:
- (S)FTP access username and password (if this is difficult I can create a new one through the hosting account).
- Access to the website’s cPanel (typically provided in the hosting account).
- WordPress administrator-level username and password.
The Client also agrees to allow Web Kit Agency to install any plugins into their WordPress website or make other revisions as required in order to provide maintenance and support services.
Official updates and communication with the Client will be made via email.
Backup & Restore Services
I schedule regular (backup schedule depends on the selected plan) backups of the entire website. I securely store these backups both in the cloud as well as locally, usually keeping several copies. I back up everything required to restore the website in full. If the site crashes or otherwise needs to be restored, I will get it rolled back to a previous version as quickly as possible. Although I cannot guarantee how quickly this will happen (every situation is different and has its own causes and solutions), in most cases I will have it restored within 24 hours of request.
Maintenance Services
In addition to WordPress core and plugin updates as they are released, maintenance and support services are provided to keep the website running and in stable condition. Note that time for maintenance services other than WordPress core software and plugin updates, post-update review, and fixing any bugs or issues that arise after updates, may be considered additional maintenance and taken out of the plan’s monthly content/development updates’ time.
- Minor tweaks required to keep the website running and looking right (up to the amount of time included in the Website Care Plan, with additional hours available at a discount). These may include (but are not limited to) fixing browser rendering issues due to browser updates; plugin or theme issues that appear after a software update; adjustment of CSS for minor branding changes (color, logo, typography, etc.); troubleshooting and fixing features or functions that stop working inexplicably.
- Full review after software updates to find and fix bugs or new issues. As the Client will typically be more familiar with the detailed workings of each site, the Client should notify me of any new bugs, issues, or problems requiring maintenance during the course of this agreement.
- I will provide support for a website’s existing plugins until such time as they are no longer supported by the plugin author or compatible with any other part of the WordPress environment. In these cases, I will endeavour to find and install suitable replacements for these plugins (time to do so will be taken out of the plan’s monthly content/development updates’ time).
- Bug-fixing as it arises. It is understood that in some cases, due to the changing nature of the Internet, things may not work or look identically to how they did prior to maintenance or bug-fixing. As long as there is no usability or accessibility issue created, the bug or maintenance issue shall be considered resolved. That said, I will always do my best to keep your website working and looking as great as possible.
- Database optimisation will be performed to help keep the site running as fast as possible. Spam and post revisions will be purged to help keep the database running optimally.
- WordPress core, WordPress plugins, frameworks, and themes are kept current with the latest stable version EXCEPT THAT theme updates will not be performed on sites that do not have a stable, properly-coded child theme in place (otherwise, theme customisations will be lost).
- Only commercial themes and frameworks that can be uploaded via the theme uploader and updated automatically within the WordPress administration interface are included in the updating service. Themes and frameworks requiring special attention may incur an additional hourly charge (any additional charges must be pre-approved by the Client prior to Web Kit Agency starting work).
- Websites must keep all customisations separate from files that are part of recurring software updates. If Client website code is overwritten due to a theme update Web Kit Agency will not be responsible in any way.
Please note: Website Care Plans work best when websites adhere to current web standards, including but not limited to WordPress theme development standards and W3C HTML/CSS validation. Failure to do so makes maintenance and support difficult, and Web Kit Agency may exercise its right to refuse inclusion of a website in its support plans for this reason.
Uptime Monitoring & Security Services
- 24/7 Uptime Monitoring
- Web Kit Agency sends monthly reports regarding the server downtime of the hosting company. If these outages occur with too much regularity and/or become too long, Web Kit Agency will contact the hosting company to resolve these issues.
- Security Scans for malware.
- If there is a malware issue found, the client will be notified and provided with recommendations for malware removal and site recovery.
- The security scans are an “as is” product using third-party tools. As such, I am not responsible for their findings or any malware effect on your site.
Support Services
Web Kit Agency provides support for troubleshooting, how-to reminders, content updates, host liaison, and consulting. Time to provide these services is deducted from the number of support hours provided by a Client’s plan. Unused time does not roll over to the next month.
- Support requests can be made by email or direct message, depending on the selected plan. Requests may be made anytime.
- I am available Monday through Friday, 09:00h – 20:00h, EST. We may be available outside these hours, but such availability is not guaranteed and is not automatically granted or assumed as part of this agreement.
- Web Kit Agency is committed to a two business day turnaround on any task that takes two hours or less (most tasks are accomplished within 24 hours). Rush requests (less than 24 hours) may be accomplished but will incur an additional rush fee of up to $100.
- Website Care Plans are offered “as is”, with no implied warranty or guarantee that your website will function exactly as you wish (there are sometimes limitations as to what components work together, what hosting companies will allow, or what requirements 3rd-party components and plugins will have).
- If your support issue requires significantly more web development time than is included in your plan, I will quote it as a separate project, outside the Website Care Plan. An example would be a website redesign, addition of significant new functionality, or the development of a brand new application.
- Web Kit Agency does not automatically support custom web development by third parties on a Client site. If I agree to work with custom code that is not well-commented, I may require access to the original developer in order to help. It is highly recommended that the Client contact Web Kit Agency before any web development by others (outside Web Kit Agency) is initiated so that I can advise the Client on the suitability and potential pitfalls of new development. If Web Kit Agency is called upon to fix website problems due to additional development by third parties, such fixes may incur an additional hourly charge.
- During the duration of this agreement, the Client agrees that no other party will make modifications to Client’s website website database, plugins, or files (other than as needed for regular content management); any non-standard changes to the theme that could result in loss of edits; or any modifications that affect the core or plugins that could result in the loss of edits. If a party other than Web Kit Agency makes changes to a Client’s website, any errors that are created, that must be repaired, will be done so at Client’s additional expense.
Website Care Plans Do Not Include
- Hosting (although I can communicate with your host on your behalf as part of your monthly support time).
- Domain management or services (although i can work with your domain management and make changes to your domain settings or services on your behalf as part of your monthly support time).
- Website design, website redesign, website development, or website redevelopment. (These projects can be estimated for separately.)
- Non-WordPress websites
- Website migrations (although these can be estimated for separately).
- Email support, management or maintenance (although I can communicate with your host on your behalf as part of your monthly support time).
Anything not explicitly included in the sections above may incur additional charges at my hourly rate.
Keep It Between Us, Please
Clients shall not share, re-sell, or attempt to share or re-sell the services provided by Web Kit Agency; transfer or attempt to transfer its agreement to any third party to use; and/or access any proprietary information obtained from Web Kit Agency for any purpose without prior consent of Web Kit Agency.
Disclaimer
Neither Web Kit Agency nor anyone else who has been involved in the creation, production or supply of the services described in the Plans or any Additional Services shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Contract or those services for any:
- economic loss of any kind whatsoever, or
- loss of profit, business contracts, revenues or anticipated savings, or
- damage to your reputation or goodwill, or
- loss resulting from any claim made by any third party, or
- special, indirect or consequential loss or damage of any nature whatsoever, and you shall indemnify Web Kit Agency from and against any claim which may be made against Web Kit Agency in respect thereof.
Web Kit Agency shall have no liability for loss or damages arising from being prevented or delayed in or from performing any of the services described in the Plan or any of the Additional Services, due to circumstances beyond its control. Such circumstances are, but shall not be limited to, governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency.
Payment
Upon Client’s notification to Web Kit Agency that they wish to engage Web Kit Agency for ongoing support and maintenance through a Website Care Plan, Web Kit Agency will send an invoice (quarterly or yearly depending on which the Client has selected).
The invoice shall be paid in full no later than the day before the start of the Plan and in case of the quarterly payment plan, consecutive payments shall be received latest one day before expiry of the quarter.
If payment is not received on time, Web Kit Agency will terminate the plan immediately.
Cancellation/Termination
Client may cancel the services at any time, provided that payment is up‐to‐date. No refund will be made for payments already made prior to cancellation.
Web Kit Agency also reserves the right to terminate its agreement with a Client at any time, for any reason, without prior notification and will provide a cancellation notice either electronically or in writing sent to the address of record for the Client.
Governing Law
This Agreement will be governed by and construed in accordance with the laws of Brazil.
Last updated on December 18, 2019
