Terms of Service

Terms & Conditions – WordPress Monthly Maintenance/Business Services

This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both parties, the terms stated herein will apply from acceptance of payment for the WordPress Maintenance Service offering.

The “KMC” referred to herein is Kristy Morton Consulting.

Description of Service

[PLEASE NOTE: Update to terms of service to apply from JANUARY 2018]

The WordPress maintenance service provides administrative support to clients through managing their WordPress installation’s plugin and theme updates, WordPress updates, backups, monitoring security and site performance.

Two Plans are available:

Advanced $70/mth: this includes one hour of support per month, daily backups through the ManageWP platform; daily security monitoring through Manage WP, fortnightly updates of plugins, themes and WordPress; email support.

Included hours are calculated on a calendar month basis – regardless of start date.

No Frills $25/mth: daily backups through the ManageWP platform; daily security monitoring through Manage WP, fortnightly updates of plugins, themes and WordPress; email support.

WordPress Support – on the No Frills plan, any Support required is in addition to the monthly fee. Work to be completed by KMC due to changes resulting from Plugin updates will be included as part of the Advanced support hours and for No Frills plans in addition to the monthly charge. 

By accepting any of the the WordPress Maintenance Service offerings, the client agrees for KMC to access their WordPress installation, DNS and Website Hosting (where relevant) and Google Analytics (where relevant). The client also agrees for all necessary plugins to be installed and configured and for their website to be set up in the Manage WP platform.

Daily backups are stored remotely on the Manage WP platform (hosted on Amazon S3), and security scans are also completed through Manage WP.

Payment Terms

  • All prices quoted exclude GST.
  • Payment is required before services will be rendered.
  • Payment terms:
    • Yearly plans: value paid upfront. You may cancel at anytime, however this payment is non refundable.
    • Monthly plans: payments are drawn in advance. Minimum commitment is 3 months, then the plan may be cancelled at any time (one month’s notice required). Monthly plans incur a set up fee.
  • In the case of payment default KMC reserves the right to withdraw services provided and shall not be liable for liable for any losses (including loss of projected profits), costs or claims caused by such actions.
  • Any costs associated with recovery of unpaid monies will be charged direct to the Client should a default of payment occur.
  • Invoices issued by Sandcastle Group Pty Ltd, T/A Kristy Morton Consulting.

Cancellation

  • Upon cancellation of the service, any plugins installed shall remain on the client site. Ongoing updates and maintenance of same become the responsibility of the client.

Change

  • KMC reserves the right to modify or replace terms at any time, however written notice will be provided to clients.

Subcontractors

  • KMC reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.

Promotion

  • The Client agrees to allow KMC to link to their website in their testimonials & client portfolio sections.

Copyright

  • The Client is responsible for all trademark, servicemark, copyright and patent infringement clearances and indemnifies KMC against any loss or damage incurred directly or indirectly from any unauthorised use of photographs, text or other intellectual property not under copyright ownership of the client.

Force Majeure

  • KMC shall not be deemed in breach of this agreement if they are unable to complete the services or any portion thereof by conditions beyond their control, including, but not limited to, Acts of God, Government Restrictions or any other events beyond the reasonable control of KMC (a Force Majeure Event). Upon occurrence of a Force Majeure Event KMC shall give notice to the Client of its inability to perform or delay in completion of the project and shall propose revisions for same.

Liability

  • All liability, warranty, legal or other claims are limited to the value of the work.
  • The client agrees that they shall not hold KMC liable for any losses (including loss of projected profits), costs or claims caused by website mistakes or omissions, or by failure of certain material to appear on the internet on a given date. This includes loss of data resulting from delays and/or service interruptions by associated companies or third party delays including domain names, DNS hosting, FTP and web hosting.

 

Terms & Conditions – Wordpress Support, SEO, Analytics and other Services

This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both parties, the terms stated herein will apply from acceptance of payment and/or written confirmation to proceed from the client.

The “KMC” referred to herein is Kristy Morton Consulting.

Payment Terms

  • All prices quoted exclude GST.
  • Payment terms:
    • Support tasks: if the project cost is greater than $200, 50% deposit is required before services will be rendered.
    • All other tasks (excluding Website Set ups): payment is required before services will be rendered.
  • In the case of payment default KMC reserves the right to withdraw services provided and shall not be liable for liable for any losses (including loss of projected profits), costs or claims caused by such actions.
  • Any costs associated with recovery of unpaid monies will be charged direct to the Client should a default of payment occur.
  • Invoices issued by Sandcastle Group Pty Ltd, T/A Kristy Morton Consulting.

Scope

  • Any changes in scope to the original brief will require additional payment as agreed with KMC and the client.

Change

  • KMC reserves the right to modify or replace terms at any time, however written notice will be provided to clients.

Subcontractors

  • KMC reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.

Promotion

  • The Client agrees to allow KMC to link to their website in their testimonials & client portfolio sections.
  • Some recommended suppliers have affiliate arrangements with KMC.

Copyright

  • The Client is responsible for all trademark, servicemark, copyright and patent infringement clearances and indemnifies KMC against any loss or damage incurred directly or indirectly from any unauthorised use of photographs, text or other intellectual property not under copyright ownership of the client.

Force Majeure

  • KMC shall not be deemed in breach of this agreement if they are unable to complete the services or any portion thereof by conditions beyond their control, including, but not limited to, Acts of God, Government Restrictions or any other events beyond the reasonable control of KMC (a Force Majeure Event). Upon occurrence of a Force Majeure Event KMC shall give notice to the Client of its inability to perform or delay in completion of the project and shall propose revisions for same.

Liability

  • All liability, warranty, legal or other claims are limited to the value of the work.
  • The client agrees that they shall not hold KMC liable for any losses (including loss of projected profits), costs or claims caused by website mistakes or omissions, or by failure of certain material to appear on the internet on a given date. This includes loss of data resulting from delays and/or service interruptions by associated companies or third party delays including domain names, DNS hosting, FTP and web hosting.

Terms & Conditions – Website Set up and Makeover.

Please download here.

Please feel free to contact me with any questions or concerns.