Website Maintenance Contract

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The Contract

This contract agreement is an Ongoing Maintenance Package for minimum of 24 months. This agreement includes wordpress software and plugin updates, along with testing for any security measures of the site.  It includes one hour of maintenance. if a project requires more than the one hour, you will be notified and terms will be agreed upon before proceeding with the additional project. 

This agreement is made by and between Studio490 and the Client,  AND Studio490, whose address is 7016 Sweetfield Dr., Huntersville, NC 28078 referred to as “Consultant.”

The Client hereby contracts with the Consultant to perform the following services in accordance with the terms and conditions set forth in this Agreement. The Consultant will consult with the officers and employees of the Client concerning matters relating to the Client’s Website Maintenance. **

Terms

It is anticipated the Consultant will spend 1 hour monthly at the rate of 50.00 per hour for one year in fulfilling its obligations under this Agreement.

Services to be performed by Consultant basis: (1 hr monthly)

– Updates to website WordPress and Plug-ins within the site
– Monitoring the website for signs of hacking or vulnerabilities

  • Alerts (hosting, database or results of security features)
  • Website performance (speed test, 404 errors, broken links etc.)
  • Update content per client’s request

Any time over the monthly allowance will be tracked and billed at the same rate.

Should issues be identified, Studio490 will address them within the length of the contract as long as the online environment has not been altered.  Any changes to this environment including new browser releases, new operating systems, updates to web host servers and operating systems, upgrades to supporting databases, upgrades to Google Analytics, and any other change that might be introduced by a 3rd party vendor would fall outside of this agreement. A summary, suggestion and cost analysis would be provided prior to any work completed.

** You may cancel your semi-custom solution and monthly fee after you’ve completed the minimum length of time (24 months). You will need to notify Studio490 of this cancellation 1 month in advance of cancellation date. After your solution has been deactivated, you will no longer have access to your customized design and it will revert to a default WordPress theme. All content appearance is the responsibility of the client and not Studio490 at this point.

If you’ve completed the minimum length of time of the maintenance agreement of 24 months, you can cancel the monthly maintenance fee and retain your semi-custom website solution as is. At this time, all future content updates and maintenance will be the responsibility of the client and not Studio490.

The Consultant will perform all services in accordance with this Agreement at Studio490. In addition the Consultant will perform services on the telephone (704-948-1587), email (tjtodd@studio490.com).

The Client will designate one person to be the main contact with the Consultant throughout the length of this Agreement.

The Consultant will provide invoices and project notes to the Client with detailed notes on projects worked on monthly.

This contract is valid for 12 months. At the end of this contract, both Client and Consultant may wish to renew, adjust or terminate relationship.

Compensation

The Consultant will be paid an hourly rate of $50.00 per hour. Payments ($300/ 6 months, or total $600/year) will be made from the Client to the Consultant. All invoices are based on a Net 30 for payment. If a payment is to be paid past 30 days, both parties MUST agree to that timeline. If a payment is late, a reminder email will occur. There is a 10% late fee on all invoices past due.

Please make all checks payable to:

Studio490

7016 Sweetfield Dr.
Huntersville, NC 28078

Independent Contractor

Studio490 acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. Studio490 shall not enter into any contract or commitment on behalf of Client. Studio490 may from time to time request the arrangement of the services of others. The Client will pay for all costs to the Consultant for those services but in no event shall the Consultant employ others without the prior authorization of the Client. Studio490 further acknowledges that it is not considered an affiliate or subsidiary of Client, and is not entitled to any Client employment rights or benefits.

Governing Law

This Agreement shall be construed and enforced in accordance with the laws of the State of North Carolina. Accordingly, the Consultant shall be responsible for payment of all taxes including Federal, State and local taxes arising out of the Consultant’s activities in accordance with this Agreement.

Confidentiality

The Consultant agrees that any information received by the Client during any furtherance of the Consultant’s obligations in accordance with this Agreement, which concerns the personal, financial or other affairs of the Client will be treated by the Consultant in full confidence and will not be revealed to any other persons, firms or organizations.

Non-Disclosure

Studio490 agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over all documents, papers, and other matter in its possession that was provided by Client. Studio490 further agrees to bind its employees and subcontractors to the terms and conditions of this Agreement.

Entire Agreement and Notice

This Agreement and related Addendum(s) contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certified or registered mail to the principle place of business stated in this Agreement.

Default and Remedy Specifications

Shall either party fail to perform under the terms of this contract, the aggrieved party may notify the other party in writing via certified mail of such failure and demand that the same be remedied within 30 calendar days . Should the defaulting party fail to remedy the same within said period, the aggrieved party shall then have the right to terminate this contract by giving the defaulting party 30 calendar days written notice. Performance failure can be defined by not limited to: late delivery, failure to respond to communication requests, poor quality of product delivered, failure to meet maintenance and service requirements identified, failure to resolve invoicing issues, and failure to provide any of the conditions specified in project plan.

Termination Provisions

Either party may terminate this contract as a result of performance failure (with cause) as outlined in the above section of this contract.  The aggrieved party must provide a 30 calendar day written notice to the defaulting party via certified mail.

In the event the Client terminates this Agreement and Studio490 is unable to cure the identified issue(s), Client is responsible for paying Studio490 any time invested up to this date of termination. The Client will also receive any of the work completed on the project up to that date.

In the event Studio490 terminates this Agreement and the Client is unable to cure the identified issue(s), Studio490 will not be obligated to complete the project, and Studio490 will reimbursed Client any monies paid minus the time invested. The Client will receive any of the work completed on the project up to that date of termination.

In Witness Whereof

Client and Studio490 have duly executed this Agreement as of the day and year first above written.

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