Overview
This Website Maintenance Agreement (“Agreement”) is between Florida Web Architects LLC, located at:
21424 Bella Terra Blvd, Estero, FL 33928
and the person or entity purchasing Maintenance Services (“Client”). By signing up for a Maintenance Plan, the Client agrees to these terms.
Term and Termination
- Agreement begins upon signup for Maintenance Services.
- Either party may terminate with 30 days’ written notice if the other breaches the Agreement and fails to cure within 30 days.
- Florida Web Architects LLC may terminate immediately if:
- Client fails to pay fees.
- Client fails to provide cooperation or access needed to perform services.
Maintenance Services
Plans may include:
- WordPress updates (core, plugins, themes).
- Cloud backups (daily, weekly, or monthly).
- Recovery of files from backups.
- Uptime monitoring (if included).
- Security scans (if included).
- Minor website updates (if included in plan).
- Reporting (frequency depends on plan).
Additional support outside of package allowances is billed at the standard hourly rate.
Malware, Spam, and Malicious Code
- For active Maintenance Plan clients: Removal is available at $699 per incident.
- For sites infected prior to signup: Removal is available at $899 per incident.
- Includes cleanup, investigation, removal of malicious code, report, blacklist removal support, and one year of WordFence Premium.
Fees, Refunds, and Cancellations
- All fees must be paid in advance.
- No refunds will be issued under any circumstances.
- Client agrees to pay for additional work beyond the monthly allotment.
- Florida Web Architects LLC may charge Client’s card for outstanding balances.
Client Responsibilities
Client agrees to:
- Provide accurate and timely information.
- Respond promptly to requests for clarification.
- Provide access to hosting, FTP, and website credentials.
Failure to cooperate may result in delays or additional charges.
Client Acknowledgements
- Maintenance tasks are scheduled according to Florida Web Architects LLC’s workflow.
- Emergency issues (e.g., total site outage, ecommerce checkout failures) receive priority.
- Unused time does not roll over month-to-month.
- Maintenance does not include graphic design, SEO, training, website redesign, database work, or major development tasks.
- Florida Web Architects LLC is not responsible for hosting company issues, client IT problems, or third-party plugin failures.
- Changes by unauthorized parties may result in additional fees.
- Availability of backups is not guaranteed.
Additional Services
Services outside the scope of maintenance plans are billed at $125/hour. SEO, content creation, or copywriting are not included.
Indemnification
Client agrees to indemnify and hold harmless Florida Web Architects LLC from claims arising from Client-provided content or infringement issues.
Disclaimer of Warranties
Maintenance services are provided “as is.” Florida Web Architects LLC does not guarantee that services will meet all Client expectations.
Limitation of Liability
Florida Web Architects LLC is not liable for:
- Indirect, special, or consequential damages.
- Lost profits or data.
- Failures caused by third-party software or services.
Client Representations
Client guarantees that:
- All website content provided is legally owned or licensed.
- The site has not been compromised before signup.
- Client is responsible for compliance with applicable laws, taxes, and tariffs.
Confidentiality
Both parties agree to protect confidential information. Obligations survive for three years after the Agreement.
Force Majeure
Neither party is liable for events outside reasonable control, including Internet outages, natural disasters, or strikes.
Relationship of Parties
Florida Web Architects LLC is an independent contractor, not an employee or agent of Client.
Notice and Payment
Notices must be in writing and delivered by certified mail, courier, or electronic means.
Jurisdiction and Disputes
- Governed by the laws of the State of Florida.
- Disputes will be resolved in Lee County, Florida courts or via arbitration per the American Arbitration Association rules.
Assignability
Client may not assign this Agreement without consent. Florida Web Architects LLC may assign subcontractors.
Severability
If any clause is invalid, the remainder of the Agreement remains in effect.
