You are engaging Art with Alex, LLC DBA Mountain Cane Media as an independent contractor to perform work as described in the proposal based on your package selection.
In the event access to your website is necessary, you hereby authorize the contractor access and “write permissions” to all directories and files of your account with any other third-party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.
MAINTENANCE PLAN (All Tiers):
Backups
Backups will be taken daily using Managewp to their private Amazon S3 cloud storage.
As part of our prescribed schedule for backups, data will be retained over a 90 day cycle. Customer data will therefore age and new data will overwrite data that is more than 90 days old. Upon each backup operation, our backup software will set a flag that clearly indicates that a successful backup has occurred and we will store only successful backups.
Plugin and Core Updates
Updates to plugins and WordPress core will occur within the first seven days of each month of your maintenance package, as applicable. Database overhead optimization will be implemented which may include optimizing post revisions and comments.
Security
We will implement a security scan within the first seven days of each contract month, enabling and configuring settings for banned users, local brute force protection, strong passwords, whitelisting your IP address, and WordPress and system tweaks. Your website page’s code will be checked against the known malware knowledge base. The scan performs a blacklist check with a number of services, like Google Safe Browsing, Norton Safe Web, ESET, etc. It also flags site errors and outdated software. Each scan is being stored in an archive and allows us to look back into the past, investigate each security threat and discern a pattern if needed. You will receive scan results during our monthly reports.
Uptime Monitor
Every minute the system will check your websites. If the Uptime Monitor doesn’t get the expected response, it’ll keep trying a couple more times to confirm that the site is down. If it is still unresponsive, our agency will receive a notification. We will expect to receive a notification within an hour that your website has gone back up, or we will investigate using https://downforeveryoneorjustme.com to see if the problem is a hosting problem or a user problem. Uptime Monitor tracks your uptime percentage, response delay and individual checks. Results will be given in monthly reports.
Performance Check
Get insight on what is happening with your website and how it’s performing. It’s the first step to solving your problems, the Performance Check tells you what they are. It gives you a breakdown of the factors that are affecting your website. You can see each individual factor and its grade, as well as giving you recommendations on how to improve your website performance. You can also follow your website performance over time, marked on a timeline. It runs analysis with Google PageSpeed and Yahoo! YSlow ruleset. Receive a full report and recommendation on what needs improving.
Reporting
Mountain Cane Media will send a monthly report within seven days of the start of each proceeding month for the duration of your maintenance package. If content amendments are to be implemented, your monthly report will be sent after the changes have been made. The report will include a backup and update log and security scan results.
Premium Tier Content Amendment Requests:
Itemized website maintenance according to requests in up to an hour worth of effort; plugin updates, daily backups, performance monitoring, security monitoring, basic broken link check, and monthly reporting.
Content will be inputted exactly as you have delivered it. We will notify you after all changes have been made. New product input does not count as content changes and will be priced separately.
Amendments can include:
Photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
AMENDMENTS TO OUR WORK
We provide three (3) rounds of amendments to our work at no extra charge, as long as the changes requested do not substantially alter the original project scope, nature or purpose; and as long as you have not already given us your final approval for the piece of work concerned. Any other kinds of amendments are considered a change in the project scope.
ERRORS AND OMISSIONS
We will use our best efforts to prevent errors and omissions from occurring in web page information. If such errors or omissions occur, please notify us, and we will correct them for free, and that will be the limit of our responsibility and liability.
CANCELLATION
You may cancel your annual maintenance plan with 30 days notice in writing.
CONFIDENTIAL INFORMATION
“Confidential Information” means information that is marked as secret or confidential, or which, based on the circumstances in which it was disclosed, ought to be treated as confidential.
In the course of this project, we may receive from you (and you from us) Confidential Information. If either you or us receive from the other Confidential Information, the receiving party agrees to keep the Confidential Information secret, ensure that its agents and employees keep it secret, and not disclose it to any other person, organization or entity (unless absolutely necessary).
However, the receiving party may use or disclose Confidential Information received from the other in order to comply with a court order, law or regulation, direction of a governmental or statutory authority. The receiving party may also use or disclose Confidential Information that entered the public domain due to no fault of that party, or that was disclosed to the receiving party by another source lawfully and without any obligation of confidentiality.
LIMITS ON LIABILITY
While our aim is to deliver top quality and client satisfaction, there are some things we are unable to accept responsibility for.
We provide the deliverables to you on an as-is basis, and we make no promise or guarantee that they will be fit for, or achieve, any particular purpose.
We cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period. In regards to your website, should interruption or failure occur, we are not responsible for your site rebuild.
We will not be liable to you for lost profits or other special or consequential damages of any kind, nor will we be liable to you for direct damages unless caused by our gross negligence or fraud. The maximum damages payable to you in any event will not exceed the amount of fees actually invoiced and paid to us in connection with the project in question.
Specifically, we will not be responsible or liable to you for damages or loss caused by:
– your use of the designs and deliverables in ways that are not covered by the licenses we grant to you;
-a backup that has been corrupted over storage time and errors upon restoration, relinquishing us from any liability if your site is to break or cannot be restored,
– anything done by us on your instructions, or using material you provided to us;
– any breach of these terms and conditions by you;
– any legal, governmental, contractual or other approvals that were required but which you did not obtain,
and you will keep us indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to any of these specific actions and omissions.
FORCE MAJEURE
Neither you nor us shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service, or death).
NO TRANSFER OF THIS CONTRACT
You cannot transfer, assign or novate this contract, the licenses given under or in connection with it, or any other parts of this contract to anyone else without our advance permission in writing, which we may choose to give subject to additional conditions.
We cannot transfer, assign or novate this contract without your advance permission in writing, except to a company or business in which we or our ultimate owners have a majority ownership interest.
OTHER GENERAL LEGAL STUFF
We are an independent contractor and not your employee, and thus, any laws by which ownership of copyright in works created by an employee is automatically transferred to the employer do not apply (the work-for-hire principle under US copyright law), or other laws anywhere in the world).
We will use our own equipment, tools, and materials to do the work. We are responsible for determining when, where, and how to carry out the work. You will not control how the job is performed on a day-to-day basis. We will not enter into contracts, make promises, or act on your behalf. We are not entitled to benefits, group insurance, retirement plans, or vacation days. We are responsible for our own taxes. You will not withhold social security and Medicare taxes or make payments for disability insurance, unemployment insurance, or workers compensation for Mountain Cane Media or any of our employees.
This contract and all matters arising from it are governed by United States law.
The courts of Roanoke, Virginia are the most appropriate and convenient courts to settle any dispute connected with this contract (including a dispute regarding the validity, existence or termination of the contract), and the courts of Roanoke, Virginia have exclusive jurisdiction to settle any dispute arising from or connected with this contract.
Mountain Cane Media may amend these terms and conditions at any time without prior notice.
If for some reason part of this contract becomes unenforceable or invalid, the remaining parts will be unaffected. A failure or delay by either party in exercising any right or benefit under this contract does not amount to a waiver of that right or benefit. This contract will bind the parties’ respective legal personal representatives, successors and permitted assigns.
By signing this contract or by expressing your confirmation in writing (on paper or in electronic form), you agree to all the terms and conditions of this contract, and submission of your payment affirms your agreement. This contract is effective on your payment submission date.
No refunds on work delivered.
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