Website Management Terms of Service Agreement

Last updated December 21, 2024

Introduction

This Terms of Service Agreement (“Agreement”) is made between Abundant Designs and the Client. Although there is also some unavoidable standardized legalese at various places in the document which attorneys require, in this document we try to write everything in plain English. To do this, we frequently use terms like “we” and “you.” “We,” “us,” “our,” and “Company” means Abundant Designs LLC, a corporation registered in the State of Texas. “You,” “your,” or “Client” in this document is you, our Client.

Availability and Communication

We are available via email and phone Monday through Friday from 9:00 am to 5:00 pm Central time. Our normal response time is one business day, though our response time may vary. We do not work on weekends or holidays unless scheduled. Clients with current website management services plans receive priority response.

Phone and email are the primary means of communication accepted for our Services. We prefer not to communicate via social media or instant/private messaging (like Facebook Messenger).

Website Management Service

The website management service plan (“Plan”) that we provide to you includes the following website management services (“Services”) whether your website is hosted with us or a third-party.

Website Backups

We perform thirty (30) day rolling backups of your website’s files and database to maintain data integrity and facilitate recovery if necessary.

  • If your website is compromised by a security vulnerability, we will restore your website from the most recent backup.
  • If your website becomes inoperable due to Client error, we will provide two restorations within any monthly billing cycle. Additional restorations due to Client error will be charged at our current hourly rate with a one-hour minimum.
  • Backup restorations will reflect the state of the website at the time the backup was taken. Any information added or changes made to the site after the backup will not be included in the restored version.

Website Software Updates

We endeavor to keep your website secure and functional updating WordPress core, themes, and plugins to keep your site secure and functional. Updates are applied at our sole discretion based on the latest security practices and the operational requirements of your website.

Website Security

We implement advanced security measures to enhance your website’s resilience against unauthorized access and hacking attempts. Our security protocols include the use of leading security software.

While we strive to provide reliable website security, we cannot guarantee that your site will be immune to hacking. Our practices aim to reduce risks and mitigate the impact of security incidents. Should a breach occur, we will endeavor to restore your site to its pre-breach state as part of our service commitment, at no additional recovery cost. Beyond restoration, we do not assume further liability.

Premium Themes and Plugins

  • Premium themes and plugins require a recurring license fee to access ongoing software updates.
  • If we hold the appropriate licenses for the themes or plugins used on your website, the costs for these licenses are included in your Plan.
  • If your website uses premium themes or plugins for which we do not hold the necessary licenses, we will inform you about this requirement and add the appropriate licensing cost to your Plan.

Theme and Plugin Compatibility

If an update to a theme or plugin causes conflicts or issues with your website’s functionality, we will resolve the issue for you at no additional cost if the issue can be resolved within three (3) hours. If the resolution requires more than three (3) hours of our time, we will consult with you to determine the best course of action to resolve the issue. The additional hours will be billable at our current hourly rate.

If a theme or plugin is no longer being supported or maintained, we will consult with you to determine the best solution. This typically involves replacing it with a similar theme or plugin. The hours will be billable at our current hourly rate.

IT IS YOUR RESPONSIBILITY TO INFORM US IF YOUR SITE IS EXPERIENCING PROBLEMS AND NEEDS ATTENTION.

Search Engine Optimization (SEO) services are not included in our Services. Your website’s ranking and placement on search engines depend on a myriad of factors. WE CANNOT GUARANTEE RANKING OR PLACEMENT ON ANY SEARCH ENGINE.

Website Hosting

We strive to ensure that sites hosted by us are available ninety-nine point nine percent (99.9%) of the time during each monthly billing cycle. If this service level is not met, you may be eligible for a credit towards future billing cycles, based on the duration of unavailability. Unavailability is defined as your website being unresponsive for more than sixty (60) consecutive seconds or returning a server error, excluding issues caused by local, regional, national, or international internet or power outages.

Unavailability due to scheduled maintenance is excluded and does not qualify for service credits. Scheduled maintenance means that your website will be offline for more than sixty (60) consecutive seconds. Scheduled maintenance is announced to you at least twenty-four (24) hours in advance and is usually performed during off-peak hours (typically late night / early morning).

Service credits are calculated as a percentage of the bill for the affected billing cycle. The credit percentage is determined by dividing the minutes of unavailability by the total minutes in that cycle. You must request service credits within seven (7) days of the unavailability.

Third-Party Hosting

At your request, and at our sole discretion, we may agree to provide our Services for websites hosted on third-party servers, although this will incur a surcharge.

We make no guarantees or representations regarding any third-party hosting services, including their performance, support, reliability, or security. If there is a security vulnerability on the third-party server, we will restore our most recent backup of your website after they provide us confirmation that the issue has been fully resolved. We are not liable for any issues, damages, or losses arising from third-party hosting providers, including server downtime, data loss, or security breaches. The chosen hosting provider is solely responsible for resolving any hosting-related issues, and all claims or disputes must be directed to them.

Payment for Website Management Services Plan

Payment for your Plan is due on the first day of the billing cycle, whether monthly or annually. Payments shall be made via the major credit card or bank account on file with our payment processor. Payment by check is accepted if paying the annual amount. Alternative electronic payment methods may be accepted at our sole discretion. ALL PAYMENTS ARE NON-REFUNDABLE EXCEPT FOR COMPANY CANCELLATION AND CANCELLATION FOR CAUSE.

We reserve the right to adjust pricing for your Plan as necessary. Any price changes will be communicated to you in writing at least thirty (30) days in advance. If you have chosen an annual billing cycle, the new pricing will not take effect until the end of your billing cycle. If you do not agree to the new pricing, you may choose to cancel your Plan as outlined herein.

Cancellation of Website Management Services Plan

Fourteen (14) business days before the end of your billing cycle, you may cancel your Plan from your account at https://account.abundantdesigns.com/my-account/ or by providing written notice to us.

If you choose to cancel your Plan you have one of the following options:

  1. Delete your WordPress website
    • Your WordPress website will be deleted from our servers at the end of the billing cycle
    • If we have your domain registered with our domain registrar, we will cancel the renewal and allow the domain registration to expire.
  2. Archive your WordPress website and sign up for a website archive plan
    • Your WordPress website will be deleted from our servers at the end of the billing cycle but we will keep a backup of your WordPress website that could be used to restore it again in the future.
    • If you have your domain registered with our domain registrar, we will continue to keep your domain registration active. You will pay for the website archive plan annually at the current rate.
  3. Migrate your WordPress website to another website service
    • We provide any of the following options until the end of your billing cycle:
      • an administrator login for your WordPress website
      • a backup created using an industry standard WordPress backup system at a cost of one hundred dollars ($100.00)
      • a full website migration for you at our current hourly rate
    • Your website will be deleted at the end of the billing cycle
    • If you have your domain registered with our domain registrar, we will unlock your domain and provide you with the domain auth code to allow it to be migrated to another registrar. We will cancel the renewal. It will be your responsibility to complete the transfer to your new registrar unless you are paying us for a full website migration.

We, at our sole and absolute discretion, may terminate this Agreement upon sixty (60) days prior written notice to you. In the event of termination prior to the end of your current billing cycle, we shall provide you with a pro-rated refund for any prepaid fees covering the unexpired portion of the billing cycle. You will have the cancellation options specified herein.

Cancellation for Cause

In the event we fail to provide Services in accordance with the terms of this Agreement, you must provide us with written notice of the specific performance issues. We will have ten (10) business days from receipt of such notice to cure the identified deficiencies.

If we fail to cure the deficiencies to your reasonable satisfaction within the cure period, you may terminate this Agreement by providing us with written notice of termination at least fourteen (14) business days prior to the end of the then-current billing cycle.

Upon termination pursuant to this section, we will refund to you, within thirty (30) days of the effective date of termination, a pro-rata portion of any pre-paid fees covering the unexpired portion of the billing cycle. For greater clarity, if the termination date for an annual billing cycle occurs two hundred (200) days prior to the end of the billing cycle, the refund amount shall be calculated as follows: (Total payment amount for the billing cycle / 365 days) x 200 days.

You will have the cancellation options specified in the “Cancellation of Website Management Services Plan” section.

Late Payment Policy

All invoices are due and payable upon receipt.

If any invoice remains unpaid fourteen (14) consecutive days after the invoice date, WE RESERVE THE RIGHT TO SUSPEND YOUR WEBSITE FROM PUBLIC VIEW UNTIL ALL OUTSTANDING INVOICES ARE PAID IN FULL AND THE REINSTATEMENT FEE HAS BEEN PAID.

If a website remains in a state of suspension for a period of fourteen (14) consecutive days, on day fifteen (15) the website shall be permanently deleted. If we have your domain registered with our domain registrar, we will cancel the renewal and allow the domain registration to expire.

If the outstanding invoice is paid after fourteen (14) consecutive days of the invoice date but prior to the permanent deletion of the website, a reinstatement fee of fifty dollars ($50.00) shall be applicable to restore the website to public view.

Current Hourly Rate

Throughout this document, reference is made to our current hourly rate. This rate is defined as our hourly rate that is in place at the time a service is requested, not at the time this Agreement is agreed to. We will provide you with our current hourly rate upon request.

Your Responsibilities in Website Security

We incorporate industry standard WordPress security techniques when building your website. Since one prevalent method hackers use to breach a website is through compromising your devices, you agree to uphold robust security measures when accessing your website, and this includes:

Device Security

Protect any computer or device you control that has access to the website by:

  • Installing and maintaining up-to-date security software.
  • Using the latest version of your preferred web browser.
  • Keeping the operating system updated with recommended patches.
  • Regularly updating any other installed software.
  • Refraining from logging into your website while connected to a public WiFi network (such as but not limited to restaurants, cafes, libraries, and hotels)

Password Protocol

  • Use a strong password (as indicated by the WordPress password strength meter) for your website login.
  • Refrain from sending passwords or other sensitive credentials openly via SMS, email, chat programs, or any other unencrypted and exposed methods.
  • We strongly recommend utilizing a password manager to ensure you use robust, unique passwords for every site.

You further commit that any employees, contractors, or other parties you grant (or ask us to provide) website access will adhere to the above security measures.

Third-Party Services

We cannot be responsible for changes made to the website by any third-party that you have authorized to access the website. These providers include, but are not limited to, those doing work related to website development, search engine optimization, social media, or content creation. If our time is necessary to correct problems caused by a third-party, such time is not covered by your Plan, and is billable to you at our current hourly rate.

Website Email Deliverability

Your website will automatically send emails in response to specific events, including but not limited to the completion of a contact form, product sales, or user password updates/resets. Although we will connect your website to a robust, industry standard email delivery platform, these emails may still be flagged as spam or not delivered. Since we cannot control the delivery of these emails, WE ARE NOT RESPONSIBLE FOR ANY EMAILS FROM THE WEBSITE THAT ARE NOT DELIVERED FOR ANY REASON.

YOU ARE RESPONSIBLE FOR REGULARLY CHECKING SPAM FOLDERS, WEBSITE FORM ENTRIES, AND ORDER INTERFACES FOR ANY EMAILS THAT WERE NOT DELIVERED TO YOUR INBOX.

Email Service

WE DO NOT PROVIDE OR SUPPORT EMAIL SERVICE (INBOXES FOR SENDING AND RECEIVING EMAILS) TO CLIENTS. We can assist you to implement professional email service from a reliable vendor such as Google Workspace or Microsoft 365 at our current hourly rate.

Domain Names   

We offer the option of maintaining one domain name registration for you with our domain registrar including the payment of the annual fees as part of your Plan.

IF YOU CHOOSE TO MAINTAIN YOUR DOMAIN NAME REGISTRATION INDEPENDENTLY OF US, YOU ARE SOLELY RESPONSIBLE FOR PAYING ALL ASSOCIATED REGISTRATION FEES. WE ARE NOT RESPONSIBLE FOR SUSPENSION OR LOSS OF ACCESS OR LOSS OF DOMAIN NAME(S) FOR ANY REASON. If you lose access to your domain name through non-payment, suspension or any other reason, your website will no longer be accessible or viewable by the public. If you request assistance to rectify any issues related to your domain name registration, such time will be billed at our current hourly rate.

Website Legal Requirements

Depending on the nature of your site and your location, legal documents such as Terms of Use, Privacy Policy, Return Policy, etc., may be mandated by governing entities or service providers.

THE CLIENT ACKNOWLEDGES AND AGREES THAT IT IS THE CLIENT’S SOLE RESPONSIBILITY TO DETERMINE WHETHER ANY LEGAL DOCUMENTS ARE REQUIRED. WE DO NOT PROVIDE LEGAL DOCUMENTS AND WE ARE NOT RESPONSIBLE FOR YOUR BUSINESS COMPLYING WITH ANY APPLICABLE LAWS.

It is strongly advised that you consult an attorney to determine your responsibilities in this matter. If you need assistance in creating legal documents, we have a relationship with a third-party legal document generator service for websites. You are under no obligation to utilize this service. Please note, should you choose to use this service, your relationship will be directly with them and is not governed by this Agreement.

IF WE PROVIDE ANY PRIVACY POLICY OR TERMS OF USE TEMPLATES, CLIENT EXPRESSLY AGREES NOT TO HOLD COMPANY LIABLE FOR THE USE OF THOSE TEMPLATES OR THEIR COMPLIANCE WITH ANY GOVERNING ENTITY OR SERVICE PROVIDER REQUIREMENTS.

Our Employees and Contractors

At our sole discretion, we may utilize employees and/or independent contractors to work on your website. Some of these employees and contractors may not be citizens of the United States and may work outside the United States.

Disclosure of Information

If legally compelled to disclose information about a Client by means of a valid court order, subpoena, or other lawful process, we will, to the extent permitted by law, provide the Client with prior notice of such request, including the timeframe within which we are required to respond. We will cooperate fully with such lawful requests for information. The Client may have the right to make an application to the court to prevent or limit the disclosure of information

Indemnification

The Client agrees to indemnify and hold harmless the Company, its affiliates, subsidiaries, contractors, agents, and employees of each, and each of their respective directors, officers, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject to and which Losses arise out of, or relate to this Agreement or Client’s use of the Services, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Choice of Law

This Agreement shall be construed and interpreted in accordance with the laws of the State of Texas, excluding any conflicts of law rule that would otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. Each party hereby irrevocably adorns to the jurisdiction of the courts of the State of Texas in relation to any legal proceedings arising in connection with this Agreement.

In the event of any dispute or disagreement with respect to the meaning, effect or interpretation of this Agreement or in the event of a claimed breach of this Agreement, the parties hereto agree that such dispute shall be determined through mediation. The parties will mutually select a mediator within fourteen (14) business days and share the cost of mediation equally. If the parties cannot agree upon a mediator within fourteen (14) business days, then each party shall select a mediator and those mediators shall, independent of party input or control, select a mediator to mediate the dispute. Unless otherwise mutually agreed, the location of the mediation will be in Upshur County, Texas. The parties agree to cooperate fully with the mediator in good faith in order to reach a mutually satisfactory resolution of the dispute. The parties further agree that the decision of the mediator shall be final and binding. The parties hereby waive their right to litigate any such dispute in any court.

Disclaimer of Warranty

We will perform our Services in accordance with good industry practices. We cannot guarantee that our Services will be error-free and so we cannot be liable to you or any third-party for damages, including loss of revenue, loss of profits, loss of use, loss of savings or other incidental, consequential or special damages, even if you’ve advised us of them.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER MALICIOUS SOFTWARE OR HARMFUL CODE THAT MAY INFECT SERVER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL.

Limitation of Damages or Liability

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, FOR HARM CAUSED BY OR RELATED TO THE COMPANY’S SERVICES OR INABILITY OF CLIENT TO UTILIZE THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY, ANY OF ITS EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE CLIENT’S ACCOUNT IN THE LAST SIX (6) MONTHS.

Force Majeure

Company shall not be responsible for any failure to perform or delay in performing any of its obligations under this Agreement where and to the extent that such failure or delay results from causes beyond the reasonable control of the Company. Such causes shall include, without limitation, acts of God or of the public enemy, acts of government in either its sovereign or contractual capacity, fires, floods, epidemics, pandemics, quarantine restrictions, freight embargoes, civil commotions, strikes, labor disputes, death, illness, incapacity, or the like. Notwithstanding the above, lack of funds shall not constitute an excusable delay for either party under this Agreement.

Notices

All notices and other communications pursuant to this Agreement shall be in writing via email to the email address provided by Client or Company. Company email is [email protected]. Client email is provided on Client’s account at https://account.abundantdesigns.com/my-account/ .  Notices will be deemed received one business day after the email has been sent.

Severability

The parties hereto expressly agree that in the event that any provision of this Agreement is declared void, invalid, illegal, or unenforceable for any reason whatsoever by any court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.

Headings

The headings in this Agreement are inserted for convenience only and are not a part of this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement and understanding of the parties with respect to the transactions contemplated hereby and supersedes any and all prior agreements and understandings relating to the subject matter hereof. This Agreement may be amended by Company at any time in its sole discretion.

Assignability

Client may not assign this Agreement without the prior consent of Company.

Contact Us

If you have any questions about this Agreement, You may contact us through our contact page.