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Website Maintenance Agreement is an agreement in which the client decides that Company or the Developer will be the sole provider of web site maintenance services for the duration of this contract, and that no other entity will have access to or rights to modify the web site. Along with the general services defined in the agreement,if someone other than the Company/Developer makes adjustments to the website, any errors as a result of those adjustments are also fixed.
What is the importance of a Website Maintenance Agreement? (From a client’s perspective.)
In today’s day and age, it is difficult enough to run a company. The last thing you need is to get entangled in a tangle of squabbles with your website maintenance and service customers. A lack of clarification about both parties' expectations can transform into a nightmare of late payments, angry site owners, and negative publicity which can impose as a major threat to a flourishing company.
This is why it's important to have a website support and maintenance agreement. Your clients will have the details they need to determine whether you can satisfy their needs if you elaborate your services that whether you provide site protection and quick support and policies up front. It also provides legal defense in the event that the relationship becomes sour.
What is the importance of a Website Maintenance Agreement? (From Company/Developer’s perspective).
The key importance of a well-defined Website Maintenance Agreement are as follows:-
- It helps in increasing the revenue by providing maintenance and support services to your potential clients.A straightforward, pre-determined web support and maintenance agreement spells out the obligations from the outset, ensuring that there are no unpleasant surprises later on.
- Your contract should also provide information about your clients' responsibilities to you, such as when and how much they would pay for your services.This way, if a client argues with how much they owe, you can refer to this Agreement. If this doesn't work, your web support contract will provide you with valuable legal protection.
- In the event that a client refuses to pay you, you'll need proof of the agreed-upon price.A simple website maintenance agreement may be a good tool for a secured paycheck, if you use it to persuade delinquent site owners to pay up or present it while taking legal action.
What are the Key Particulars that should be included while drafting a Website Maintenance Agreement?
Although there are numerous particulars which one can add while drafting a Website Maintenance Agreement, therefore below given are key particulars which one should take into consideration, while drafting the Agreement.
Elucidation of Services: -
The first major aspect of a Website Maintenance Agreement should be the elucidation or description of the services which will be provided under the said agreement by the Company/Developer to its Clients. This segment should outline, what are the responsibilities of the Company/Developer towards its Clients. Therefore the description of services in the Agreement should be clear and precise in nature, so that any doubts or hindrances can be avoided in the future.
Amount and Tenure of Payments: -
The second major aspect that should be taken into consideration while preparing a Website Maintenance Agreement should be the clear explanation regarding the amount to be paid to the Company/Developer for the services rendered by them in addition to a clear description of the tenure during which the services of the Company/Developer will be required and when will the payments be made. In addition with the above, the agreement should also consist the clauses relating to the policies which will be implemented in case of any late or missed payments by the clients.
Policies with respect to Termination and Renewal: -
This particular of the Website Maintenance Agreement should clearly explain how you or the client can terminate the agreement by giving a notice, as well as the steps which should be taken in the event of any of the abovementioned situations. If the agreement consists of a date of expiration of services, the complete procedure of renewal of the services can also be listed in this section to provide clarity to the Clients.
Ownership Agreement: -
This particular clearly elucidates that the client would be in complete ownership and control of their website and its content both before and after the contract. Thus this aspect of the Website Maintenance Agreement should be precise and trustworthy as it plays a crucial role in building the trust of clients.
Assurances and Liabilities: -
The one of the most important aspect while drafting a proper Website Maintenance Agreement should be a clear explanation of the Assurances and Liabilities entertained by the Company/Developers. It is important because in an event of any uncertainty, the Clients can't hold you responsible if anything goes wrong on their website when you're working on it. Moreover this particular is very important because it plays a major role in providing legal protection to the Company/Developers.
Dispute Resolution: -
This particular of the Website Maintenance Agreement should also be precisely defined as it helps in laying out a clear procedure,in case there is an event of disagreement between the Clients and Company/Developers regarding the contract. Therefore proper explanation of this particular is also a must in order to avoid any future difficulties.
What kind of services should be provided under the purview of Website Maintenance Agreement?
Although there are a numerous kind of services, which one can provide under a Website Maintenance Agreement, below given are some of the few services: -
- Updating word press cores, Plug-Ins and themes.
- Creating and storing Backups.
- Monitoring Security.
- Optimizing Performance
- Fixing broken links.
In addition to the abovementioned services, one can also provide below given services also:-
- Whenever there arises a situation like troubleshooting errors or fixing broken features on sites you built. For instance, if a client is experiencing the White Screen of Death (WSoD), they can contact you for assistance.
- Another instance can be performing a repair on a broken form or another feature you created. If you decide to provide assistance, the most important factors to consider are when and how you will be available. Make sure your hours and request process are well defined.
Conclusion
In this modern day and age, there are many business setups and new start-ups which are entirely conducted or controlled through a particular website. The controlling of a flourishing business through a website can do wonders for the business as well as the clients it caters it services. Therefore a sound Website Maintenance Agreement is of utmost importance for a business in today’s era. It is helpful as it ensures the smooth functioning of the website an at the same time it protects the website from any difficulties or hindrances, which it would face in the absence of the services or protection provided by the Company/Developer, who are bound to do so under the Agreement.
Moreover, regular monitoring of the functions is also necessary in order to ensure the website’s smooth operations so that it can generate adequate revenues to meet the needs of the Business Owner. Thus a well drafted Website Maintenance Agreement is the need of the hour for businesses as well as Start-ups which are constantly striving hard to make an impact in the society through their services.
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Website Mainentance Agreement
ThisWebsiteMaintenanceAgreement(the"Agreement")isenteredinto, 2012 by and between__________________(Consultant)and ______________ (“TheClient").
RECITALS
WHEREAS,TheClientisinneedofassistanceinmaintaining _______(number)ofexistingwebsites:
http: ________________________ andhttp: ______________________________
and WHEREAS, Consultant has agreed to perform work for The Client in providing website maintenance servicesas describedbelow;
NOW,THEREFORE,thepartiesherebyagreeasfollows:
For website maintenance services under this Agreement, Customer shall compensateDevelopers,incash,_____________inadvanceuponsigningof thisagreement.
Client is engaged for the specific project of developing and/or improving an existing WorldWide Web Site. The Client will maintain a separate contract with an ISP or Web Hosting provider, which is currently ______________. The Client hereby authorizes Consultant to access this account, and authorizes the Internet Service Provider to provide Company with "write permission" for the Customer's web page directory, CGI-bin directory, and any other directories or programs, which need to be accessed for this project.
- Maintenance and Changes
Client will provide updates to the web site for a period of 1 year. If the Client or an agent other than the consultant attempts to update the web pages, time to repair web pages will be assessed at the hourly rate of ____ Per hour, and is not included as part of the updating time.
2. Scopeof Service
- Under this Agreement, The consultant will:
- Revise or update content on existing pages based on Client request and specifications.
- Add new content and/or pages of content as provided by Client within the limits of their current hosting plan.
- Update the database associated with the website if any.
- Will backup and maintain a current file library of all assets, graphics, and source code for Client'swebsite.
- Liaise with hardware engineers, hosting customer support, and other affiliate service entities when necessary.
2. Under this Agreement, The consultant will not:
- Create new or edit existing content. The consultant can provide content editing or writing and graphic design at an additional hourly rate of ____per hour or at a discounted rate of ____ per hour with a 3-month retainer.
- Create new graphics, content, code, scripts, media, or other additional elements as part of this service.
- Liaise with billing and/or accounting of your hosting and domain service.
- Monitor operating system or Server Status.
- Be responsible for errors and omissions contained in website content.
- Install patches, fixes, updates to operating system or server; install additional software packages to the operating system or server; install patches, fixes or updates to additional software packages.
- Perform SEO (search engine optimization) activities unless specifically requested as part of the revision process.
Any redesign of the websites shall be considered "additional" and will require separate Agreement and payment. The consultant shall advise the Client on any requested work that falls within these bounds.
You may cancel your website maintenance Agreement with us at any time, by giving us one month's written notice, provided that payment is up-to-date. A pro-rata refund will be given for any unused period of the advance payment.
In the event of a fault with your web hosting service or server, we will initiate an inquiry into the service disruption within 24 working hours of the fault or support issue being reported or observed. In the event of a hardware or software fault being found, the software or hardware maintainer will be contacted and the consultant will negotiatewith them on the Client's behalf. In the event of an operating system fault, the consultant will endeavor to solve the problem as soon as it is possible.
This contract, together with the links herein, constitutes the sole agreement between the consultant and the Client regarding its Website Maintenance Service. It becomes effective only when signed by both parties.
Nothing herein shall be construed to create an employer-employee relationship between The Client and Consultant as the Consultant is an independent contractor and not an employee of The Client’s company or any of its subsidiaries or affiliates. The consideration set forth in Section 2 shall be the sole consideration due Consultant for the services rendered hereunder. It is understood that The Client will not withhold any amounts for payment of taxes from the compensation of Consultant hereunder. Consultant will not represent to be or hold herself out as an employee of The Client.
In the course of performing Consulting Services, the parties recognize that Consultant may come in contact with or become familiar with information which The Client or its subsidiaries or affiliates may consider confidential. This information may include, but is not limited to, information pertaining to The Client, computer systems or client information systems, which information may be of value to a competitor or which may be confidential or privileged. Consultant agrees to keep all such information confidential and not to discuss or divulge it to anyone other than appropriate Company personnel or their designees.
This Agreement shall commence on ______ (date) and shall terminate on _______(date), unless earlier terminated by either party hereto. Either party may terminate this Agreement upon Thirty (30) days prior written notice.
- Entire Agreement and Amendments.
This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or understandings, whether written or oral. No amendment or extension of the Agreement shall be binding unless in writing and signed by both parties.
2. Binding Effect, Assignment.
This Agreement shall be binding upon and shall inure to the benefit of Consultant and The Client and to The Client's successors and assigns. Nothing in this Agreement shall be construed to permit the assignment by Consultant of any of its rights or obligations hereunder, and such assignment is expressly prohibited without the prior written consent of The Client.
3. Governing Law, Severability.
This Agreement shall be governed by the laws of the State of ___________ . The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision.
WHEREFORE,thepartieshaveexecutedthisAgreementasofthedatefirstwrittenabove.
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The Client
Name:
Signature-………………………………………
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The Consultant
Name:
Signature- ……………………………………
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Date:
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Date:
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