Website Management TOS
Authorization
You are engaging Kelly Beth Co as an independent contractor to perform the work described in the purchased maintenance package. In the event access to your website is necessary, you hereby authorize Kelly Beth Co 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.
Current Hourly Rate
Throughout this document, reference is made to our current hourly rate. This rate is defined as our hourly rate that is in place when a service is requested, not when this agreement is signed. We will provide you with our current hourly rate upon request.
Availability and Communication
We are available via email and phone Monday through Thursday from 9:00 am to 4:00 pm and Fridays from 9:00 am to 2:00 pm Eastern time. Our normal response time is one business day, though our response time may vary. We do not work on weekends or holidays. Clients with current website management services receive priority response times.
Support requests are managed through on Support Management Tool. You will have access through a user account or you can send an email to hello@kellybethco.com.
Office phone and email are the primary means of communication accepted for our work together. We do not communicate via mobile phone, text message, social media, or instant/private messaging (like Facebook Messenger) to communicate since we cannot track these requests as a team.
Website Hosting
Our Website Management Service includes website hosting. If you elect not to host on our server, we cannot be responsible for the speed of your website, the performance of any of your website features, security certificates for your website, the uptime of your website, or any other hosting-related matter.
FIXING ANY PROBLEMS RELATED TO WEB HOSTING OR PROJECT DELAYS RELATED TO WEB HOSTING ON A SERVER OTHER THAN OUR OWN IS BILLABLE AT OUR CURRENT HOURLY RATE.
We use commercially reasonable efforts to make sites we host available 99.9% of the time during each monthly billing cycle.
Website Management Service
Our Website Management includes website hosting, software updates, backups, and security monitoring.
Website Security
Our lockdown protocol hardens the WordPress system to make it more resistant to the actions of hackers. We employ industry-leading security software that actively guards your website against hack attempts in the WordPress system at multiple levels.
Website Backups
Your website’s files and database will be backed up automatically each day your website has activity (if your website does not have activity, there is no need for a backup to occur). This backup is stored in our cloud data vault where we typically retain the previous 30 backups for your site.
Software Updates
Each week, at our discretion, we will apply available updates for the WordPress core software, your theme files, and your plugin files. We perform these updates for the items that appear in the “Updates” area of your WordPress dashboard. Typically, scheduled maintenance occurs during off-peak hours (usually early morning).
We also watch WordPress industry security news and proactively perform these updates more frequently during times of enhanced threat levels.
While it is impossible to guarantee that your site will never be hacked, all of these techniques make your website a more difficult target for hackers. In addition, it is well known that hackers tend to exploit easier targets first – sites without security measures in place. However, if your site is hacked, we will restore it to pre-hack condition at no additional cost either by restoring a site backup or performing a malware cleanup at our discretion.
Restoring Backups
Should your site become compromised by a hack or inoperable because of user error, we will restore a backup for you.
If the restorations are the result of a hack, there is no limit to the number of restorations we will perform for you under this service.
If the restorations are due to user error, we will perform a maximum of 2 restorations in any 30-day period.
Additional user error-related restorations will be performed at our current hourly rate with a one-hour minimum.
Premium (Paid) Themes and Plugins
Many websites use themes and/or plugins that require the payment of a recurring license fee to maintain access to ongoing software updates. We have secured appropriate licensing for many of these.
If we have appropriate licenses for the themes and/or plugins used by your website, the cost for recurring license fees are included in your Website Management Services, and licensing will be maintained for you as long as you are an active subscriber to our Website Management Services.
If your website uses premium themes and/or plugins and we do not have appropriate licensing, the responsibility is yours for maintaining the appropriate licensing to ensure the availability of updates.
We will advise you of the themes and/or plugins for which you will need to maintain licensing and assist you as needed in obtaining them.
WE CANNOT BE HELD LIABLE FOR PROBLEMS SUCH AS BUT NOT LIMITED TO HACKS, INOPERABILITY, OR INCOMPATIBILITY THAT ARISE FROM PREMIUM PLUGINS WHICH YOU CHOOSE NOT TO LICENSE AND ARE OUT OF DATE.
Plugin Compatibility
If an update to a plugin creates conflicts or causes issues with the functionality of your website, we will consult with you to determine the best course of action. Typically, we will remove the offending plugin and replace it with a similar plugin or other programming. If the time required to resolve a plugin compatibility issue exceeds 3 hours, additional time will be billable at our current hourly rate.
IT IS YOUR RESPONSIBILITY TO INFORM US IF YOUR SITE IS EXPERIENCING PROBLEMS AND NEEDS ATTENTION.
IF YOU ELECT NOT TO PURCHASE OUR WEBSITE MANAGEMENT SERVICE, THE TOTAL RESPONSIBILITY IS YOURS FOR PERFORMING BACKUPS AND KEEPING WORDPRESS (AND ITS THEMES AND PLUGINS) UPDATED.
Copyright
Kelly Beth Co does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
Payment and Cancellation For Website Management Services
Payment for Website Management Services is due on the first day of the (monthly) period in which that service will be performed.
Cancellation of monthly recurring maintenance service can occur at any time after your first 30 days of service.
WE DO NOT OFFER REFUNDS ON WEBSITE MANAGEMENT SERVICES.
IF YOU ELECT TO DISCONTINUE WEBSITE MANAGEMENT SERVICES, THE TOTAL RESPONSIBILITY IS YOURS FOR PERFORMING BACKUPS AND KEEPING ALL COMPONENTS OF YOUR WEBSITE BACKED UP, SECURED, AND UPDATED.
Cancellation of website maintenance services may only be accepted through a written form submission and cannot be processed by phone, email, or other electronic messages. Cancellation requests must be received at least ten (10) business days before a new billing cycle starts. Please submit a cancellation request here.
If you desire to migrate your website to another web host. We will at your discretion either:
(1) provide you with an administrator login for your WordPress site so a backup can be performed and migrated to the new location or
(2) provide you a backup created using an industry-standard WordPress backup system at the cost of $100, or
(3) perform the website migration for you at our current hourly rate.
Late Payment and Collections Policy
All invoices pertaining to web hosting, security, maintenance, or any other work on your website are payable on receipt. If an automatic payment is declined, we will retry the payment process again. If the invoice goes unpaid for more than 14 days after the invoice was sent, active maintenance services will be suspended. If your website is on our server, after 30 days of non-payment, we reserve the right to suspend your website from public view until the outstanding amount is paid.
Amounts due and unpaid shall bear interest at the rate of ten percent (10%) per annum. The client agrees to pay all collection costs, including reasonable attorney’s fees, as additional sums owed under this Agreement.
Your Responsibility In Website Security
We employ basic WordPress security techniques when building your website. However, studies have shown that one of the most common ways hackers gain access to your website is through keylogging programs installed on users’ infected computers. You agree to protect any computer that will log into the website by:
Installing and maintaining updated security software
Using the most up-to-date version of your preferred web browser
Keeping the operating system patched with recommended updates
Keeping versions of other installed software up to date if they are installed.
You also agree to use a strong password (as shown by the WordPress password indicator) for any account you use to log in and edit your website and that this password will only be used on your website.
Third-Party Services
From time to time, our clients might employ a third party (such as but not limited to a Search Engine Optimization professional, social media professional, or content writer) whose services involve modifications to the website. WE CANNOT BE RESPONSIBLE FOR THE WORK OF A THIRD PARTY. Should our services be necessary due to any work performed by a third party, these services are billable at our current hourly rate.
Email Deliverability
Occasionally, your website will send emails when certain events occur such as a visitor completing a contact form, a product sale, an update/reset of a user’s password, etc. These emails automatically generated by the WordPress system are often flagged as spam (or not delivered at all) by email providers like Google/Gmail, Microsoft, Yahoo, and others.
SINCE WE CANNOT CONTROL THE RECEIPT OF EMAIL, WE CANNOT BE HELD RESPONSIBLE FOR ANY EMAILS THAT WERE NOT DELIVERED TO THE CLIENT FOR ANY REASON.
IT IS THE CLIENT’S RESPONSIBILITY TO REGULARLY CHECK SPAM FOLDERS AND WEBSITE FORM AND ORDER INTERFACES FOR ANY NOTIFICATIONS THAT WERE NOT DELIVERED TO THE CLIENT’S INBOX.
Email Service
WE DO NOT PROVIDE OR SUPPORT EMAIL SERVICE TO CLIENTS. We recommend consulting an IT Professional about implementing third-party services such as Google Apps and Microsoft Office 365.
Domain Names
Registering a domain name for your website and paying the accompanying annual registration fee is your responsibility. We can assist in the process of registration and connecting your domain name to the website if you desire.
WE ARE NOT RESPONSIBLE FOR SUSPENSION OR LOSS OF DOMAIN NAMES BECAUSE YOUR CARD COULD NOT BE BILLED OR FOR ANY OTHER REASON. Work needed due to domain expiration is billable at our current hourly rate.
Website Accessibility and Compliance
If laws require that your website is accessible to users with disabilities, or if you desire it to be, it is your responsibility to inform us of this requirement.
If your website or any associated data must meet compliance requirements for any entity, organization, or regulatory body (including but not limited to HIPAA, FERPA, etc.), you must inform us of the specific compliance requirements.
WE DO NOT GUARANTEE TO MEET ANY COMPLIANCE FOR ACCESSIBILITY OR OTHER REQUIREMENTS UNLESS WE HAVE EXPLICITLY AGREED IN WRITING TO DO SO.
Indemnification
The Client agrees to indemnify and hold harmless the Company, its subsidiaries, contractors, employees and affiliates, and each of their respective directors, officers, employees, shareholders, and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arising out of, or relate to the Agreement, Client’s use of the Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Choice of Law and Forum
This Agreement, and any related Statements of Work, shall be construed in accordance with and governed by, the laws of the State of North Carolina without regard to Conflict of Law principles.
In the event of any dispute or disagreement with respect to the meaning, effect, or interpretation of this Agreement or in the event of a claimed breach of this Agreement, the parties hereto agree that such dispute shall be determined through mediation. The parties will mutually select a mediator and share the cost of mediation equally. Unless otherwise mutually agreed, the location of the mediation will be in Jacksonville, North Carolina. The parties agree to cooperate fully with the mediator in good faith to reach a mutually satisfactory resolution of the dispute.
If the dispute is not resolved within 60 days after it is referred to the mediator, either party can litigate the dispute in a court of law located in North Carolina.
Refusal or Discontinuation of Service
We reserve the right to refuse, restrict or terminate service to any client for any reason.
Disclaimer of Warranty
We will perform our work in accordance with good industry practices and at the standard expected from a suitably qualified person with relevant experience. We cannot guarantee that our work will be error-free and so we cannot be liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if you’ve advised us of them.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT SERVER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL.
Limitation of Damages or Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, FOR HARM CAUSED BY OR RELATED TO THE CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NOTWITHSTANDING ANYTHING ELSE IN THIS MASTER SERVICES AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ANY OF ITS EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE CUSTOMER’S ACCOUNT IN THE LAST SIX MONTHS.
Severability
No part of this Agreement will be affected if any other part of it is held unenforceable or invalid.
Headings
The headings in this Agreement are inserted for convenience only and are not a part of this Agreement.
Entire Agreement
This Agreement and any Proposals of Service attached constitute the entire agreement and understanding of the parties with respect to the transactions contemplated hereby and supersedes any and all prior agreements and understandings relating to the subject matter hereof. This Agreement may not be waived, assigned, extended, amended, supplemented, or modified orally but only by a written instrument signed by the party against whom enforcement of any such waiver, assignment, extension, amendment, supplement, or modification is sought.
Modifications
We reserve the right to change these Terms of Service at any time. We will notify you via email when we change the Terms of Service.
Assignability
Neither the Company nor the Client may assign this Agreement without the prior consent of the other.
Acceptance
Please note that by submitting your payment, you agree to all of our terms of service as they are written here. Kelly Beth Co reserves the right to change or update these terms without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties.