Wordpress Website Hosting and Maintenance Services Agreement II
This agreement is between OneThompsonPlace, LLC, known as OTP, and Bearing True North , known as Client. Client is contracting OTP as a provider of Wordpress Website Hosting and Maintenance Services. Services not considered standard server or website maintenance services are subject to be charged at the standard hourly rate, and will not be considered part of this contract.
What IS included in this agreement:
What is NOT included in this agreement:
Fees: Client will pay OTP a monthly subscription fee of $40 for the website hosting and maintenance services provided under this agreement. The first invoice will be April 1, 2021.
Term and Payment: OTP shall provide Client with web server and server and website maintenance updates for an indefinite period within this contract. The contract will be paid on a Monthly Basis with the 1st payment due as soon as initial work is complete and each payment due around the date of initial payment of each month.
Exclusivity: During the duration of this contract, Client agrees that OTP will be the sole provider of maintenance services for the server and website, and no third party will have access to or rights to change the server or website. If a party other than OTP makes changes to the server or website, any errors that are created must be repaired and will be charged for at the standar hourly rate.
Normal Business Hours: Normal business hours are defined at Monday through Friday, 09:00-17:00 Eastern time zone.
Emergency Requests: Emergency requests are defined by a server outage, or website malfunction that required immediate action. OTP will respond to emergency server or website malfunction within four (4) hour during normal business hours and eight (8) hours on weekends and holidays, via email or phone, with a confirmation that the request was received, and an estimated time of restored service or functionality. Emergency support will be charged at standard rate for normal business hours, and $100 per hour during non-business hours.
Non-Emergency Requests: OTP will respond to non-emergency server or website requests from Client within twenty four (24) hours on weekdays and forty-eight (48) hours on weekends and holidays, via email or phone, with a confirmation that the request was received, and an estimated completion date for each action item in the request. Maintenance requests received after normal business hours may not be acknowledged until the next business day unless prior arrangements have been made.
OTP will adhere to all quoted deadlines for the deliverables in the maintenance requests where possible. In the event that OTP has any issues in delivering on a quoted deadline, Client will be notified via email or telephone the reasoning for any change.
Service Uptime Guarantee: OTP offers a Service uptime guarantee of 99.9% of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by OTP monitoring), Client may request a credit of 10% of the monthly service fee for that month. Failure to meet this uptime guarantee three (3) months within a twelve (12) month period entitles Client to one free month of service within this agreement. All service guarantee claims must be submitted in writing by the end of the month after the failure. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
Additional Services: Any revisions, additions or redesign Client requests OTP to perform that is not specified in this document shall be considered "additional" and will require separate agreement and payment. OTP shall advise Client on any requested work that falls within these bounds.
Authorization: OTP will provide Client with website and server user accounts and server access upon request. Server access is provided as cpanel administration, or sftp file access to the hosting account.
Termination: This Agreement may be terminated by either party upon thirty (30) days’ written notice. OTP shall be paid for work performed until the effective date of termination including but not limited to the minimum fees agreed to. Payments already made to OTP are non-refundable.
Limited Liability: In no event shall OTP be liable to customer for any indirect, special, exemplary or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. There shall be no refunds. OTP makes no warranty of any kind, whether express or implied, with regard to any third party products, third party content or any software, equipment, or hardware obtained from third parties.
Confidentiality: The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, OTP and Client acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.
Force Majeure: A party will not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is
will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
Legal Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the state of Michigan.
Matt Mattice, OwnerBearing True North 5919 Oakland Park DriveBurke, VA 22015
Michael Thompson, PartnerOneThompsonPlace, LLC12786 Kelly K Dr.Ida, MI 48140
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Signed by Michael Thompson
Signed On: March 30, 2021
If you have questions about the contents of this document, you can email the document owner.
Document Name: Wordpress Website Hosting and Maintenance Services Agreement II
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