netSorce
Web Maintenance Agreement
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This
is a legal and binding contract between netSorce and the Client
listed below.
Client:
Company
___________________________________________________
Contact Name
________________________________________________
Address
_____________________________________________________
City ________________________ State
_____________ ZIP _________
Phone ________________________ Mobil
________________________
E-mail address
________________________________________________
Website URL:
________________________________________________
These are the terms of our contractual
agreement together:
1. Authorization
The above-named “Client” is engaging netSorce; also know as
“Company”, as a Website Maintenance Contractor for the specific project
of updating website content on the Clients existing website.
These updates
include, but are not limited to text changes, picture and graphic
changes, adding necessary script or website applications.
Client agrees to
allow the developer passwords and access with "read/write permission" to
the client's web site, store, server, file directory,
cgi-bin
directory, or any other directories or programs or sites which
need to be accessed for maintenance and control including if
needed
domain
management.
2. Scope of Maintenance Contract
What is included in the Website
Maintenance Contract is;
-
Picture
Updates
– adding,
editing and sizing of any pictures adding to the
existing website which does not fall under the scope of the
layout or actual design of existing website.
-
Text Updates
–
adding, editing and/or removing any text or copy on the
existing site including any articles, reports, contact information
and product or service description.
-
Script
Installation
– adding,
editing, removing and installing any scripts, programs or
software to the existing website can be done under the scope of this
contract provided it does not change the overall design or look of
the site more than 30%. If this will change the existing website
more than 30% then it would fall under the scope of a New or
Redesign Contract.
-
Complete Monthly
Backups
– each month your
existing website will be backed up and saved to our local
server.
The scope of this contract
does not include the following;
1.
Re-design of site –
the scope of this
contract is limited to maintenance and does not allow for
complete or partial redesign of existing site.
2.
Website Marketing
– the scope of this
contract does not include making any changes to existing
Meta-tags, Alt-tags, Titles, Keywords or Page Descriptions. These tasks
fall under the scope of Search Engine Optimization and require a
different contract.
3.
Maintenance Plans
netSorce
offers 3 different Website Maintenance Plans to choose
from. We offer the Basic, Advanced and Elite Maintenance Plans.
Below are the details of these plans;
-
___Basic
Maintenance –
with this
plan you get 10 hours of monthly website updates
performed as described. Also included is a monthly backup
that will be stored on our local server.
-
___Advanced Maintenance –
with this
plan you get 20 hours of monthly website updates
performed as described. Also included is a monthly backup
that will be stored on our local server.
-
___Custom
Maintenance –
with this
plan you get an unlimited amount of website updates
performed as described. Also included is a monthly backup
that will be stored on our local server
4.
Maintenance Terms
For all
maintenance plans or options, the client understands the term of
the contract to be for one full year (twelve months),
automatically renewable every year unless a written cancellation
has been provided to netSorce thirty (30) days in advance of the
then active term expiration date.
Maintenance Plans
will be paid in advance monthly or in full for the year for the amount
agreed upon by the client. Client will be billed for total contract
hours regardless of actual hours used. Hours of contract do not roll
over into the next month, nor be pulled from the month ahead. Any
additional hours over the contract hours will be billed at the current
regular hourly rate.
netSorce
reserves the right to terminate this contract at any time for any reason
without any prior knowledge and will do so in writing by electronic mail
and/or postal letter to the client.
This
agreement includes ensuring the health of website, database, and
other software or programs installed on client’s website. If the
client or any third
party other than developer or approved subcontractors attempts to access
or accesses the server, or website and
makes changes to the
website, database, server or software or scripts on client website; time
to repair and/or restore the website,
databases or any
other script on the clients website will be billed at the current hourly
rate and is not included in the maintenance plan.
The Monthly
Maintenance Agreement commences upon the first of the month from the
date the client signs this contract is in full effect for
twelve months.
5. Payment of Fees
Maintenance fees to
netSorce are due and payable on the following schedule: Payment to be
received prior to the 1st or 15th of of every
month for the contract term of twelve months, and if not cancelled by
client with a 30 day written notice the contract will automatically
renew.
All
payments will be made in US funds only. If for any reason a payment is
late, there will be a 5% late fee added and no maintenance
performed for that
month until payment and late fee are made. If payment is not received
before the 10th of the month, the client will be
in default of
maintenance contract and full payment of contract will be required
before any further maintenance can be done.
6. Assignment of Project
netSorce reserves the
right to assign contractors and/or subcontractors to any project to
insure the right fit for the job, on time completion
or any other reason
deemed necessary by developer. Developer agrees to only use professional
assistance when needed.
7. Legal Terms
netSorce does not
warrant that the functions contained in these web pages or the Internet
website, shopping cart, merchant accounts,
databases or any
other component, software or hardware or service will meet the client's
requirements or that the operation of the web
pages and website or
any other component or service will be uninterrupted or error-free.
The entire risk as to
the quality and performance of the web pages and website or any other
component or service is with client. In no
event will developer
be liable to the client and/or clients customers or vendors or any
affiliates or any third party for any damages,
including any lost
profits, lost savings or other incidental, consequential or special
damages arising out of the operation of or inability to
operate these web
pages or website or services, even if developer has been advised of the
possibility of such damages.
If any provision of
this agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable
from this agreement
and shall not affect the validity and enforceability of any remaining
provisions. Notwithstanding the location of signing
of this document, the
client agrees that for purposes of venue, this contract was entered into
in San Diego County, California, and any
dispute will be
litigated or arbitrated in San Diego County, California.
8.
Warranties and Liability.
Client agrees that any material
submitted for publication will not contain anything leading to an
abusive or unethical use of the Web Hosting Service, the Host Server or
netSorce. Abusive and unethical materials and uses include, but are not
limited to, pornography, obscenity, nudity, violations of privacy,
computer viruses, harassment, any illegal activity, spamming, advocacy
of an illegal activity, and any infringement of privacy. Client hereby
agrees to indemnify and hold harmless netSorce from any claim resulting
from the Client's publication of material or use of those materials.
It is also understood
that the “Developer” will not publish information over the Internet
which may be used by another party to harm another. netSorce will also
not develop a pornography or warez web site for the Client.
netSorce reserves the
right to determine what is and is not pornography.
netSorce does
not warrant the functions of the site will meet Client’s
expectations of site traffic or resulting business or that the
operation of the web
pages will be uninterrupted and / or error-free. netSorce is not to be
held responsible for occasional downtime of
email or web site due
to line interruptions and/or other instances beyond netSorce control.
9.
Indemnification.
Client agrees that it shall defend,
indemnify, save and hold netSorce harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney's
fees associated with netSorce development of the Client's web site. This
includes Liabilities asserted against netSorce, its subcontractors, its
agents, its clients, servants, officers and employees, that may arise or
result from any service provided or performed or agreed to be performed
or any product sold by the Client, its agents, employee or assigns.
Client also
agrees to defend, indemnify and hold harmless netSorce against
Liabilities arising out of any injury to person or property caused by
any products or services sold or otherwise distributed over the Client's
web site. This includes infringing on the proprietary rights of a third
party, copyright infringement, and delivering any defective product or
misinformation which is detrimental to another person, organization, or
business.
10.
Laws Affecting Electronic Commerce
From time to
time governments enact laws and levy taxes and tariffs affecting
Internet electronic commerce. The client agrees that the client is
solely responsible for complying with such laws, taxes, and tariffs, and
will hold harmless, protect, and defend developer and its subcontractors
from any claim, suit, penalty, tax, or tariff arising from the client's
exercise of Internet electronic commerce.
11.
Package Agreement
The client
agrees and understands that they are accepting the following Website
Maintenance Contract and has read the terms and does fully understand
the terms to the package accepted herein.
Client accepts;
____ Basic Maintenance Package
____ Advanced Maintenance Package
____ Custom Elite Maintenance Package!
12. Sole Agreement.
The
agreement contained in this "Website Maintenance Contract" constitutes
the sole agreement between netSorce and the client regarding this
website.
Total Amount of Contract is $
___________
Monthly Payment Amount is $___________
If Paid in Full $ ___________
The undersigned
agrees to the terms of this agreement on behalf of his or her
organization or business.
On
behalf of the Client (authorized signature):
_______________________________________
Date ________________
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to open PDF
sign and e-mail to
support@netsorce.com
On behalf of netSorce communications
(authorized signature)
_______________________________________
Date ________________
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*
Maintenance fees are
fees charged for updating existing designed web pages and/or keeping
pages or files up to date not the creation of NEW
pages. Normal fees are discounted for customers who purchase a maintenance plan.
Any additional functions or added scripting work will not be part
of these maintenance plans unless "Executive Maintenance" is
in effect and/or will be billed hourly. Customers who purchase
maintenance plans do not receive: hosting or custom design work.
Provider will work on projects that the provider
has built and/or created and does not include (but not limited to)
working on or doing any adjustments to a 3rd parties designs, scripts,
already built projects from another provider or hosting platforms. Rates
on third party projects are the providers regular design rates at the
providers sole discretion after review.**
FLASH maintenance cost is based
on case by case basis. Rates will be determined based on the clients
project and needs.

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