This is the stuff you need to know but will be tempted not to read.
Below you will find our policies and terms of agreement. Please read carefully as these are subject to change and clients will be notified of any changes to company policies in advance.
Website Maintenance Plan:
Section 1: Terms
The following services will be provided in limited scope in keeping with clients desired maintenance contract. These services are provided on an as needed or agreed upon schedule by the client. Client will receive said services and support within the limits of the contract and will be charged $105/per hour for overages beyond time limit, billed in 15 minute increments. Client may not store or “roll-over” time from one billing period to another (quarterly). This agreement is a reservation of services need to prevent and manage issues that may arise from hosting or technical issues with their website. It is not for design or active marketing initiatives.
Section 2: Service Agreement
- Maintenance – Covers limited text and photo updates to web content. This also includes limited changes to search engine keywords and adjustments for SEO purposes, provided by client or paid through contracted research and/or initiatives at Acorn Press.
- Plug-ins – Includes updating and maintaining all installed and active plugins monthly. It will be determined the necessity and dangers of updating any and all plugins as it relates to customization’s to the website that may be effect through that update. Contract will not include research, additional plugins, or customization’s of plug-ins.
- Templates – Will ensure that templates are kept up-to-date and operational.
- WordPress Updates/Training – Will make sure core WordPress software is kept up-to-date. Contract will ensure that updates do not limit, break, or interfere with existing functionality. Will provide limited on-going assistance for training and learning of WordPress functionality.
- Back-ups – Will back-up, store site database and code files once a month. (off-server storage)
- Bugs – A bug is a function that was intended and designed into the application architecture that is not functioning according to specification. Any changes in functionality or design would be considered a feature upgrade and is not covered in this maintenance agreement.
- Patches – A patch is something that is designed to fix issues when or if the operating system or browser interferes with existing programming. The company will support through this contract but cannot be responsible for client or server side software updates that interfere with operation of the site. This agreement will cover such instances within the time allotment of the plan chosen. Any overages in time will be estimated and provided to the client in writing.
- Browser Support – For web-based applications the company will support the current browser version and one behind. For example, if current iOS is using version 4 of Safari for mobile devices then the company will support it and one version prior as long as that version is still supported by its developer.
- Device Support – Testing will be performed on device emulators at the time of development. Testing will be performed for Beta groups at time of development. The company is not responsible for the diversity of devices that emerge during or post development. The company will work to accommodate variable screen sizes and types but cannot guarantee all devices.
- Hosting – Ensure that hosting accounts are paid and functional. Serve as liaison to hosting company to deal with any service issues and technical requirements of web presence. Contract ensures immediate response to any failure at the hosting level and all effort required to ensure that the web presence is restored as quickly as possible. Hosting fees are paid to your host directly and not included in this contract.
- Email – Email services are typically hosted at google apps (gmail). Contract covers setting up new email addresses and assisting in managing domain related issues with email. Contract does not cover fees associated with google apps.
- Telephone / Email Support – Provide email and telephone support for all non-essential support items limited to the time agreed in the contract. All items must be submitted through the support form on the Acorn Press website before the item can be addressed. Telephone support is available M-F from 8am – 6pm. Acorn Press will respond to your requests within a 12 hour period with a solution and/or timeline for the solution.
- Downtime – While there is no expected downtime due to programming, there are occasions where services will need to be interrupted for maintenance and updates. Downtime is possible with certain features if there are server issues through the web host or with the application platform. Client will be notified 72 hours in advance of downtime related to scheduled maintenance.
- Response Time – Requests such as bugs or patches will be responded to within a 12 hour period. Every effort is made to address issues quickly, at the time of response the support ticket will be evaluated and responded to with an estimate of time to repair. Support request will only be received and responded to by the decision maker for the client and one other representative as deemed by client.
- Payments & Delinquency – Payments for the Maintenance Plan are billed quarterly and due on the 15th of the month preceding renewal. The payment is considered delinquent after 30 days. Delinquent accounts are subject to immediate termination of services. A reactivation fee may apply in the event of such termination.
Section 3: Plan Costs
- $30/per month (90.00 billed quarterly) 3 hrs of support/management per quarter.
- $60/per month (180.00 billed quarterly) 7 hrs of support/management per quarter.
- $90/per month (270.00 billed quarterly) 10 hrs of support/management per quarter.
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Adopt-A-Press (the “Services”).
As used in this Agreement, “Adopt-A-Press ” means Adopt-A-Press and “Client”, “you”, or “your” means you. By clicking on the “Order Now” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Adopt-A-Press web site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Adopt-A-Press Site” refers to the Site located at the URL http://www.adoptapress.com, or any other successor Sites owned or maintained by Adopt-A-Press .
1. Appropriate Use of The Service. Adopt-A-Press provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Spam Policy. Client shall not use our Services for chain letters, junk mail, spamming, bulk mailing (more than 50 recipients) advertising or any use of distribution or mailing lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices using Adopt-A-Press Servers or other infrastructure, or otherwise, that mentions or reference any domain hosted on Adopt-A-Press servers or parked on Adopt-A-Press DNS servers.
Server Loads. Client agrees that any hosting account that uses excessive CPU or Memory resources (25% or more) for a sustained period of time (ten minutes or more) may be suspended at any time without notice. Adopt-A-Press reserves the right to terminate sites that are repeatedly using excessive resources at any time with prior notification. Adopt-A-Press will provide the offer to backup the clients data and FTP the tarball to the clients chosen destination server.
Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
Back-Up Files and Processing. Adopt-A-Press takes all reasonable steps to safeguard the Adopt-A-Press Servers and the data contained there-in, however Adopt-A-Press will not be responsible for any loss of Client data or DNS records stored or intended to be stored on the Adopt-A-Press Servers and/or back-up devices. The Client will not be entitled to any form of compensation from Adopt-A-Press in the event of loss of data. You as the client are responsible for your own backups. Whilst Adopt-A-Press actively performs a variety of backups daily, there may be times when the backups fail or become unavailable. As such the final responsibility for all your data stored on Adopt-A-Press Servers is ultimately your own. By acknowledging and signing your agreement you free Adopt-A-Press from any legal action in the event of data loss and you agree that you will not be entitled to any form of compensation for said loss.
Software Updates. The client agree’s that applications and scripts installed using Fantastico or uploaded are the responsibility of the client and must be kept up-to-date. Failure to do so may expose our servers to possible exploits and costs to restore services may be recovered from the client of the site initially affected.
Termination. Adopt-A-Press reserves the right to refuse service to anyone. Adopt-A-Press , in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact email@example.com
2. Domain Names. Domain Name Registrations are for the period of 1 Year. Domain names are subject to availability and as per policy of the respective Domain Name Authority. The client agrees to accurately provide all details to the best of their knowledge to assist with the application.
Domain Name Transfers. Domain Name Transfers can only be processed with the Domain Name Password (Auth-Info for .au & EPP for .com/.net etc). Domains (.com/.net/.org etc) will be renewed for a further 1 year period. The clients accept that domain name transfers will be rejected if the domain name has been recently registered or transferred within the last 30 days or is in Domain Locked status. Domain Transfers will also be rejected if the Client Authorization email sent by the registry is not responded to.
3. Payment Obligations. Service Fees. Adopt-A-Press shall either (i) debit the Client’s credit card (when such information is provided by the Client), or (ii) produce an invoice which will be delivered to the Client by email with additional payment methods. All new accounts must be paid prior to the new account becoming active on our servers. Domain name registration fees must be paid upfront before the domain name will be registered. Adopt-A-Press accepts no responsibility for domain names registered by another party prior to the Client paying the outstanding amount. On-going invoices will be issued seven (7) days prior to the due date. A reminder will be issued three (3) days after the due date. The account will be automatically suspended ten (10) days after the due date, and a notice will be issued advising of the suspension. Adopt-A-Press shall be entitled to immediately terminate this Agreement thirty (30) days after non-payment or from failure to make timely payments. If Client terminates this Agreement in accordance with Section 5 here under, Client shall be responsible for any outstanding fees owed to Adopt-A-Press and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a contract is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Adopt-A-Press for such Services, refunds will be issued for any unused full month portions less one month of the Services upon Clients request. Therefore, if the Client’s account is cancelled at any point during the one (1) year term, the Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.
Late payments. Any payment not received within 14 days after due date may incur a late payment fee of 5% of their current invoice. Customer also shall pay to Adopt-A-Press all expenses incurred by Adopt-A-Press in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable Solicitors fees and the fees of any collection agency retained by Adopt-A-Press .
Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Domain Names. If Client chooses to register a domain name(s) through Adopt-A-Press , Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Adopt-A-Press does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. Domain name registration fees must be paid up front. Adopt-A-Press accepts no responsibility for domain names registered by another party prior to the Client paying any outstanding amount.
Refunds. Web hosting customers of Adopt-A-Press are eligible for a 30 day full money back guarantee. Should the customer choose to take advantage of the 30 day money back guarantee, all monies the customer paid for their hosting services will be refunded to them. If the customer has paid their fees via money order or cheque, a cheque will be issued and sent to the customer’s address on file. If the customer has paid for hosting services using a credit card, all monies will be refunded by the same method to which it was paid.
Note: this policy does not apply to domain names or SSL certificates.
4. Client Liability and Indemnification Liability. The parties agree that in no event shall Adopt-A-Press be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Adopt-A-Press from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
5. Terms, Termination & Reinstatement. Terms & Termination are subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received by the 25th of the respective month of cancellation. Sections 3 – 8 shall survive termination or expiration of this Agreement.
Suspension. If Adopt-A-Press suspends any type of account for non-payment, Client shall be allowed to re-instate Client’s use of the Services within Five (5) business days of suspension upon approval from Adopt-A-Press and the receipt of full payment of balances due.
Termination. If a Client terminates their account, Adopt-A-Press will disable and remove the account(s) the day the client specifies the cancellation to take place and all archives of the clients website(s) and files will be removed. Should the client be in arrears for 30 days or more, as per section 2, the clients site(s) may be terminated without further notice and Adopt-A-Press will not maintain or provide an archival copy of the Clients Web site(s) or files of any type. It is the sole responsibility of the Client to backup and copy any data off the server prior to the date provided in their cancellation notice or termination date.
6. Taxes. Client will pay and indemnify and hold Adopt-A-Press harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
7. Disclaimer of Warranty. The services, the Adopt-A-Press site, including without limitation, all products and services displayed or offered on the Adopt-A-Press site, and all text, graphics, links and applications are provided to client on an ‘as is’ basis and without warranty of any kind. Adopt-A-Press disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, Adopt-A-Press specifically disclaims any warranty that: the services will be uninterrupted or error-free, defects will be corrected as soon as possible there are no viruses or other harmful components the security methods employed will be sufficient.
8. Limitation of Liability. In no event shall Adopt-A-Press be liable for damages resulting from loss of data, profits, use of the Adopt-A-Press site or any Adopt-A-Press products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided here under. In no event shall Adopt-A-Press cumulative liability exceed an amount greater than one hundred dollars ($100.00).
9. Miscellaneous Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below:
- on the delivery date if delivered personally to the party, or a representative of the party;
- one business day after deposit with a commercial overnight carrier, with written verification of receipt;
- five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested;
- on the delivery date if transmitted by confirmed facsimile. If posting correspondence to Adopt-A-Press please use the following address details: Adopt-A-Press, 130 Inverness Plaza #340, Birmingham, AL 35242.
10. Agreement. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken here under may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Adopt-A-Press . Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right here under, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees.
This Agreement is made under and shall be governed by the laws of the United States, and the state of Alabama except with regard to it’s conflict of law rules. This Agreement and Adopt-A-Press ‘s policies are subject to change by Adopt-A-Press without notice. Continued usage of the Services after a change to this Agreement by Adopt-A-Press or after a new policy is implemented and posted on the Adopt-A-Press Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Adopt-A-Press Site for any changes or additions.