Website Maintenance Terms of Service
These terms of use (“Agreement”) set forth the legally binding terms for your use of the Site and Services. By purchasing web care services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
This Agreement is between “The Designer,” Marin Design Agency, LLC (DBA Michelle Marin), and the client purchasing the services.
1. Deliverables – Website Maintenance
The following services are included in the Website Maintenance Plan:
- Monthly WordPress core, theme, and plugin updates
- Security monitoring and malware scans
- Admin login security enforcement
- Broken link checks
- Site rollbacks if issues arise
- Maintenance summary reports delivered to your inbox
Note: Content edits, new pages, design changes, or feature additions aren’t included and can be quoted separately, if needed.
2. Rollback Timeline & Response Policy
If a maintenance update results in site issues—such as layout problems, functional errors, or performance disruptions—Marin Design Agency will attempt to roll back the website to the most recent stable backup within 3 business days after detection. While most rollbacks occur sooner, this window allows time for proper diagnosis, testing, and secure restoration.
This policy ensures timely action is taken to recover your site while maintaining system stability.
3. Hosting & Server Uptime Disclaimer
Marin Design Agency does not manage or guarantee the uptime of your web hosting servers. If your website experiences downtime, please contact your hosting provider directly. Server-related outages are out of our control and are not covered under this maintenance agreement.
4. Authorization
You are engaging the designer to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize the designer access and “write permissions” to all directories and files of your account with any third-party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.
5. Pricing & Payments
Once a client of the designer, you authorize the designer to charge the payment method you submitted for all invoices generated for services rendered under this ongoing website care plan.
6. Billing
Maintenance invoices are due at the start of each billing period to begin service. Quarterly and annual plans are billed in full and cover the full commitment period.
Cancellation of any recurring service requires 60-day notice before the next billing period.
7. Third Party or Client Page Modifications
You acknowledge that you or your staff may access and update web pages via the WordPress platform.
If any unauthorized third party or internal updates damage or impair the website, the designer is not liable for those changes. Restoring the website due to external edits may result in additional charges outside of the standard support scope.
8. Limitation of Liabilities; Disclaimer of Warranties
Although the designer strives for the website’s optimal performance and security, we do not build WordPress core, plugin, or hosting software. Therefore, the designer does not represent, guarantee, or warrant that the website will be uninterrupted, error-free, or immune to loss, corruption, attack, viruses, or other intrusions. The designer disclaims all liability relating thereto.
To the extent not prohibited by law, in no event shall the designer be liable to the client or any third party for damages, including but not limited to: lost profits, lost savings, business interruption, or special damages—even if the designer has been advised of such possibilities.
9. Technical Support
For an additional fee, the designer can provide technical support for email setup, domain, Google Analytics, or other services. Estimates are available upon request.
10. Project Scope (What’s Not Included)
This service does not include:
- Web-font licensing
- Copywriting or SEO
- Art direction or photography
- Image editing or stock image licensing
- Stripe/PayPal setup
- Web hosting or domain registration
- Email setup or support
- Website migration
- Performance tuning
- Data entry or content population
These can be quoted separately if needed.
11. Contact
All communication must be via email. Emails and phone calls will be answered within 3 business days during the work week. Responses to weekend messages or national holidays will occur by the third business day thereafter. Emails received after 5pm EST/EDT are considered received the next business day.
12. Payment Schedule
Full payment is required upfront before any maintenance work begins.
13. Accepted Payments
All major credit/debit cards (Visa, Discover, AmEx) are accepted. No checks, cash, or money orders.
14. Credit Card Authorization
By signing up, you authorize Marin Design Agency to charge your credit card for all future recurring fees and any additional services requested.
15. Additional Services
If services beyond your plan scope are requested, you will be charged accordingly. Payment is due before any additional work begins.
16. Refund Policy
All sales are final. No refunds will be issued for maintenance services.
17. Chargebacks
(a) If a chargeback occurs, the client is responsible for all related fees, including those from the payment processor.
(b) Any chargebacks may result in the account being sent to collections.
18. Delayed Payment
(a) Invoices not paid within 30 days incur a 5% late fee, compounded every 30 days.
(b) After 60 days of non-payment, the invoice will be submitted to collections.
19. Warranty, Ownership & Indemnification
(a) Client warrants ownership or proper licensing of any assets provided (e.g., logos, images, copy). You indemnify the designer against any third-party claims.
(b) The designer guarantees original or properly licensed deliverables.
(c) Ownership of all assets transfers to the client after final payment is received and cleared.
(d) The designer retains the right to display completed work in her portfolio or marketing materials.
20. Nondisclosure
The client agrees not to share design materials with third-party designers or agencies unless an artwork release has been purchased. The designer will keep all client-provided information confidential unless otherwise authorized in writing.
21. Force Majeure
Delays caused by circumstances beyond control (weather, illness, strikes, natural disasters, etc.) do not constitute breach of contract.
22. Legal Stuff
If any part of this contract is deemed invalid, the rest remains fully enforceable. The contract is governed by the laws of Tampa, Florida, USA.
23. Arbitration Clause
Any disputes will be resolved through binding arbitration, with both parties waiving the right to a public trial.
24. Entire Agreement
This Agreement constitutes the entire understanding between the client and the designer. No transfer or modification is permitted without written consent.
