Website Maintenance Agreement
This Website Maintenance Agreement (the “WMA”) is pursuant to the terms of the Master Services Agreement (the “MSA”) between Agency and Customer which is herein incorporated by this reference.
These updates include, but are not limited to text changes, picture, and graphics changes, adding necessary scripts, plugins, or website applications. Customer agrees to allow access to the Customer's web site, store, server, file directory, or any other directories or programs or sites which need to be accessed for maintenance and control including if needed domain management.
SCOPE OF MAINTENANCE PLANS
In order to make the Retainer of Service available to our customers, we have made some assumptions regarding "reasonable use". We will make every attempt to accommodate all your website revisions requests, however we reserve the right to limit the number of requests at any time based on the volume and complexity of your requests.
The Maintenance Plans do not include the following:
- Re-design, re-alignment, or re-development equating more than 25% of changes to the web page, website, or web graphics of the site –the scope of this plan is limited to maintenance and or site backup and does not allow for complete or partial redesign of existing site. The percentage to be determined by Infinite 8 Enterprises LLC.
- Website Marketing –the scope of this plan does not include making any changes to existing Meta-tags, Alt- tags, Titles, Keywords or Page Descriptions. These tasks fall under the scope of Search Engine Optimization and require a different contract.
- Content Creation or Copy Development – the scope of this plan does not include creating content for the website. This is an on-demand service billed at $250.00 per hour.
- Breach of security, hacking or malicious code removal. This is an on-demand service billed at $250.00 per hour.
INFINITE 8 ENTERPRISES LLC shall provide Customer with minor updates to the website for an indefinite period of within this contract. For all maintenance plans or options, the terms of this agreement are month to month, automatically renewable unless cancelled by the Customer. The contract will be paid on the 1st of the month. If the start date happens in the middle of the month, the 1st payment will be pro-rated. Customer will be billed for plan chosen regardless of actual hours used. Unused hours do not roll over into the next month, into/from other websites, or cannot be pulled from future months. No refunds are issued for unused time.
INFINITE 8 ENTERPRISES LLC reserves the right to terminate this agreement at any time for any reason without any prior knowledge and will do so in writing by electronic mail and/or postal letter to the Customer.
This agreement includes ensuring of the health of website, database, and other software or programs installed on Customer’s website. If the Customer or any third party other than developer or approved subcontractors attempts to access or accesses the server, or website and makes changes to the website, database, server or software or scripts on Customer website; time to repair and/or restore the website, databases or any other script on the Customers website will be billed at the current hourly rate and is not included in the maintenance plan.
The Monthly Maintenance Agreement commences 48 hours following the receipt of the first payment and renews monthly.
DEADLINES & DELIVERABLES
INFINITE 8 ENTERPRISES LLC will respond to all maintenance requests from Customer within 24 hours on weekdays and 48 hours on weekends, via email or phone, with a confirmation that the request was received, and an estimated completion date for each action item in the request. Maintenance requests received after 16:00 EST (4:00 PM EST) may not be received until the next business day unless prior arrangements have been made. Most work will be done within 48-72 hours after the ticket has been confirmed received.
INFINITE 8 ENTERPRISES LLC will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that INFINITE 8 ENTERPRISES has any issues in delivering on a quoted deadline, Customer will be notified via email or telephone the reasoning for any change.
Customer will provide timely feedback. Each Deliverable will be deemed accepted if, no later than the end of the business day, USA, New York City time, three days after its delivery to Customer, Customer does not reject the Deliverable by sending INFINITE 8 ENTERPRISES LLC written notice detailing the reasons for the rejection and reasonable modification guidelines. INFINITE 8 ENTERPRISES LLC is not responsible for delays, errors or omissions resulting from Customer’s action or inaction, and will not be liable for any claims related to materials, specifications, and information provided by Customer to Infinite 8 Enterprises LLC for the Project.
Any revisions, additions, or redesign Customer requests INFINITE 8 ENTERPRISES LLC to perform that is not specified in this document shall be considered "additional" and will require separate agreement and payment. INFINITE 8 ENTERPRISES LLC shall advise Customer on any requested work that falls within these bounds.
PAYMENT OF FEES
An attempt to process a payment will occur on or about the anniversary date of the initial payment. If the payment attempt is not successful, this agreement will be considered voided, and the Company will not be liable for performing services under the agreement.
ASSIGNMENT OF PROJECT
INFINITE 8 ENTERPRISES LLC reserves the right to consult with or assign contractors and/or subcontractors to any project to ensure the right fit for the job, on time completion or any other reason deemed necessary by developer. Developer agrees to only use professional assistance when needed.
INFINITE 8 ENTERPRISES LLC does not warrant that the functions contained in these web pages or the Internet website, shopping cart, merchant accounts, databases or any other component, software or hardware or service will meet the Customer's requirements or that the operation of the web pages and website or any other component or service will be uninterrupted or error-free.
The entire risk as to the quality and performance of the web pages and website or any other component or service is with Customer. In no event will Company be liable to the Customer and/or Customer’s customers or vendors or any affiliates or any third party for any damages, including any lost profits, lost savsavings, other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website or services, even if developer has been advised of the possibility of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
WARRANTIES AND LIABILITY
Customer agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or INFINITE 8 ENTERPRISES LLC. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Customer hereby agrees to indemnify and hold harmless INFINITE 8 ENTERPRISES LLC from any claim resulting from the Customer's publication of material or use of those materials. It is also understood that the “Company” will not publish information over the Internet which may be used by another party to harm another. INFINITE 8 ENTERPRISES LLC does not warrant the functions of the site will meet Customer’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. INFINITE 8 ENTERPRISES LLC is not to be held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond INFINITE 8 ENTERPRISES LLC control.
LAWS AFFECTING E-COMMERCE
The Customer agrees that the Customer is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Company and it's subcontractors from any claim, suit, penalty, tax, or tariff arising from the Customer's use of Internet electronic commerce.
Customer agrees that it shall defend, indemnify, save and hold INFINITE 8 ENTERPRISES LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with INFINITE 8 ENTERPRISES LLC‘s activities in maintaining the Customer's web site.
This includes Liabilities asserted against INFINITE 8 ENTERPRISES LLC, its subcontractors, its agents, its customers, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employee or assigns. Customer also agrees to defend, indemnify, and hold harmless INFINITE 8 ENTERPRISES LLC against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Customer's web site.
This also includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Please direct any questions regarding our Website Maintenance Agreement to [email protected]
Last Updated: 2/22/2022