Annual TLC Plan Website Hosting, Security, and Software Agreement
Ongoing security and maintenance are a critical for running a website.
This agreement specifically details what we (TALL POPPIES DESIGN) are agreeing to do for you for one year as part of the annual hosting, security and software maintenance plan you are signing up for.
By signing this agreement, you acknowledge that you understand and agree to the features and limits of this plan as detailed below. You also agree that you are an authorized representative of your website and organization with authority to engage in this agreement.
You also agree to pay the current fees associated with this service applicable at this time.
You understand that these updates are manufactured by 3rd parties and must be applied to your site in order to keep it both secure and capable of continuous operation on modern hosting packages. You also understand that not all 3rd party manufacturers are interested in preserving backward compatibility and that should an issue arise due to backward incompatibility that must be addressed beyond the time limits indicated above, that would be subject to a separate arrangement.
You understand that no service is capable of guaranteeing absolute protection from any security breach any more than a doctor can guarantee that you will never acquire the flu again. You also understand that we are not offering any such guarantee, but rather a guarantee that we will monitor the security on the site, adjust it as necessary, and address problems as they arise.
Consequently, you agree to indemnify and hold harmless TALL POPPIES DESIGN in the event that a security breach does occur. You further agree that, should any dispute arise, that that will be handled via binding arbitration in Steamboat Springs, Colorado. By doing so, we can all focus more on uptime and producing solutions that have a meaningful impact to your business and its online stability than focusing on laying blame where the only blame to go around can only be laid on the hackers that choose to breach your site.
We (TALL POPPIES DESIGN) will:
- Evaluate all available security and maintenance updates that are released for your CMS and plugins as to their
safety and appropriateness for your site as they are released
- Install maintenance and security updates which are deemed safe and appropriate for your site’s CMS and plugins to your site
- Repair any minor breaks (those that in aggregate can be fixed in 1-2 hours per month) that may occur from an update that is applied when such fixes do not require a full or partial site rebuild to apply
- Restore the site to a functional backup in the event that an update that does require a full or partial site rebuild is
- Repair any hacks that may occur to the site without an additional charge to you
- Perform monthly backups of the site
- While it is not expressly included in our maintenance and security plan, we also reserve the right to perform other small security maintenance services which you request of us throughout the life of your contract at no additional charge to you (at our discretion).
Furthermore, TALL POPPIES DESIGN will extend to you a special hourly rate of $135 per hour for minor graphic design and/or customization updates to your website, limited to projects that take no more than five hours each. This rate is applicable during the first year of this agreement but subject to notice of review. TALL POPPIES DESIGN will need to review and approve at their own discretion each request for additional services. Services that exceed the scope of minor updates will be subsequently quoted.
We (TALL POPPIES DESIGN) are NOT:
- Guaranteeing that all updates can or should be applied to your site
- Guaranteeing that all updates are flawless and free from short-term side effects (as some updates do require minor maintenance in order to apply them for ongoing security)
- Guaranteeing that there will never be service interruptions during the process of applying the mentioned updates (in fact, there are usually brief maintenance periods while the updates are installed)
- Guaranteeing unlimited free web design/development/hosting services or anything other than what is mentioned above as what we WILL do.
- Guaranteeing that we will be able to overcome any or all future hacking or other security breach interference's
This agreement is for a minimum of one year and renews annually. Either you or we can terminate this agreement at any time by giving at least sixty (60) days written notice prior to the end of your year-long agreement.
FEES AND PAYMENT
Full payment (100%) will be required each month before the commencement of the services and this fee is non-refundable. The fees will be automatically charged via PayPal’s subscription services. All additional invoices are strictly seven days in accordance with the rates outlined in the proposals. Additional services as directed by you will be charged at an hourly rate of $85/hour (fees subject to notice of review), or a flat project fee. Any variation in the fee payable to us as a consequence of such a direction will be as agreed between us. Our services are automatically withdrawn within 7 days where payment is not in compliance with your obligations.
You acknowledge that we may enter into similar arrangements with other customers to provide similar and other services to those other customers.
If we have access to or become acquainted with confidential information concerning your business and customers, we will not at any time while we are providing the Services or after the end of this agreement:
Copy or use the confidential information for any purpose other than for your the benefit without your consent; or
Disclose the confidential information to any other person except in the proper performance of the Services or with your consent, except where the confidential information is required to be disclosed by Law.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by you or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. You own all intellectual property rights of text, images, site specification and data you provided unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitute a complete design and we’ll license its use to you, exclusively for this project only, unless we agree otherwise.
NO EMPLOYMENT, PARTNERSHIP OR AGENCY
We are not by virtue of this agreement your employee, partner or agent.
Any notices or other communications will be sent to your email address or mailing address unless you advise us of another address is notified to of contact person.