Website Maintenance Contract

1. STS Media Website Maintenance Contract

(Hosting and Design covered in separate contract)

Please confirm the following information.

Our desire is to delight the client. One way is to make clear our understandings with each other. These are the terms of our agreement together:

 

1. The above-named client is engaging STS Media, a sole proprietor, located at 1427 E. 36th Street Cleveland, Ohio 44114 as an independent contractor for the specific project of maintaining a custom World Wide Website that is currently installed on the client’s web space on a web hosting service’s computer. The client hereby authorizes STS Media to access this account, and authorizes the web hosting service to provide STS Media with “write permission” for the client’s webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project.
2. Maintenance (Not applicable for online stores.) STS Media includes the following elements in their Maintenance Agreement:

• E-mail/phone consultation (Up to 1 hour, per month, general internet orientation education, marketing strategy, and Web design Additional education and consultation is at monthly rate of $50.00 with a 2-hour max limit per month.) Time will need to be scheduled
• Update or addition of Links to external pages, up to 5 per (These are links to sites other than pages on the client’s site.)
• Content Changes to web updates to content of the web pages will be supplied by the client and executed as specified by the client. Changes made on up to 10 pages (does not include removing more than 200 words or 25% of the text from a page and replacing it with new text, whichever is greater or the addition of features.) Contract gives client up to an addition of up to 8 new web page per month. This additional page must be added with the same layout design as previous pages with no additional features added. This page must also NOT affect the main navigation of the site (i.e. the link to this page must be either from a graphic on a current page or as a text link from a current page.) If changes to the main navigation of the site is required (adding a button, changing the drop-down menus, etc.) an additional charge of $25.00 per page will be made for that month’s billing. CMS sites allow client to update blog and general content such as FAQs, look book, portfolios, events, pictures and videos. Client can request up to 4 hours per month for CMS updates. Turnaround time for updates is based on the request(s) but can be between 24-48 hours for completion of work based on client’s request. Addition of pages does not include additional site functionality, additional plugins or any resource that not on clients completed site at launch. Additional functionality, plugins and resources require a quote to be place to outline cost and time. i.e. – voting system, directory page, e-commerce are examples of additional functionality that would require a small project request and are not covered under monthly maintenance agreement.
• Installation/Update of web pages on the client’s web hosting
• Ticket request support of issues and outages can be place on STS Media’s website with a standard response time 2-4 hours during business hours. Client can reach out via text or phone but a support ticket will always need to be place for support issues.
• Website Graphics & Social Media content provided for up to 8 items including digital flyers, web banners, blog graphics, social media still images and reduced rate on video content and motion graphics.

3. Changes over and above these limits will be billed at the hourly rate of $45.00 with a 8 hour This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn the layout of the site for site maintenance. CGI Perl, PHP, or programming charges (if any) are not included in this rate along with social media setup and updates.
4. Third-Party If the client or an agent other than STS Media attempts updating the client’s pages, time to repair web pages will be assessed at the hourly rate of $75.00 with a 1- hour minimum, and is not included as part of the terms of this maintenance contract. Changes made by any agent other than STS Media may not be recovered if repair is needed. Additional changes billed at hourly rate ($75.00 with a 1-hour minimum). For online stores, this includes only “regular” pages, not product pages or the ordering system pages.
5. Changes to Submitted Please send us your final text. Time required making substantive changes (more than 20 words or 10% of the text) to client-submitted text after the web pages have been constructed will be additional, billed at the hourly rate ($35.00 with a 1- hour minimum).
6. Payment of Invoices for maintenance contracts will be sent out electronically by email on or about the 1st of every month. Terms of these invoices are Net 10 (full payment, including tax, within 10 days from the date of the invoice) to STS Media. All payments will be made in US funds.
7. Assignment of STS Media reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
8. While complete customer satisfaction is desired, STS Media does not warrant that the functions contained in these web pages or the Internet website will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will STS Media be liable to the client 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, even if STS Media 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 separable from this agreement and shall not affect the validity and enforce-ability of any remaining provisions.
9. Copyrights and The client represents to STS Media and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to STS Media for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend STS Media and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
10. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend STS Media and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.

 

11. Copyright to Web Copyright to the finished assembled work of web pages produced by STS Media is owned by STS Media. Text, graphics, and photos that are provided by the client remains owned by said client. Upon final payment of this contract, the client is assigned rights to use as a website the design and graphics contained in the finished assembled website.Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. STS Media and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

 

12. Late Delinquent bills will be assessed a $45 charge if payment is not received within 10 days of the due date (10 days after invoice date). If an amount remains delinquent 30 days after its due date, an additional 15% penalty will be added for each month of delinquency. STS Media reserves the right to remove web pages from viewing on the Internet until payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by STS Media. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Bedford Hts, Ohio, and any dispute will be litigated or arbitrated in Cuyahoga County, Ohio.

 

13. Sole The agreement contained in this “Website Design Contract” constitutes the sole agreement between STS Media and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.

 

14. Maintenance STS Media offers two forms of maintenance contracts.
15. Cancellation: If the client desires to cancel a month-to-month maintenance contract, no action is if the client desires to cancel a 3-month, 6 month or 12 month maintenance contract,  a written notice 30 days prior to the next billing cycle (i.e. notice must be received August 1st to end the contract September 1). This cancellation notice should be sent to STS Media, 1427 East 36th Street Suite 4203B Cleveland, Ohio 44114 or sent info@smellthesmoke.com

                   12-Month Maintenance Program. This program is a twelve (12) month financial commitment. The client is allotted the change limits listed in paragraph two (2) above during each calendar month during the term of this contract. During each calendar month the client can request changes (limited as listed above) to their web site. A yearly payment of $2250.00 (plus tax, if applicable) is billed on the first and is for a whole calendar year. This contract is signed with a 12-month commitment commencing the first of the month following the signing of this contract. This payment will be made even if the client provides no changes made to their website during any 30-day period.

                   Month-to-Month Maintenance Program. This program holds no monthly commitment. The client is allotted the change limits listed in paragraph two (2) above during any calendar month period. During any calendar month the client can request changes (limited as listed above) to their web site. A fee of $350.00 (plus tax if applicable) is billed on the 1st of the following month for service performed. Any changes (regardless of size) will initiate the billing process for this maintenance program.

                   3 Month Maintenance Program. This program holds no monthly commitment. The client is allotted the change limits listed in paragraph two (2) above during any calendar month period. During any calendar months the client can request changes (limited as listed above) to their web site. A fee of $750.00 (plus tax if applicable) is billed on the 1st of the following month for service performed. Any changes (regardless of size) will initiate the billing process for this maintenance program.

                   6 Month Maintenance Program. This program holds no monthly commitment. The client is allotted the change limits listed in paragraph two (2) above during any calendar month period. During any calendar months the client can request changes (limited as listed above) to their web site. A fee of $1200.00 (plus tax if applicable) is billed on the 1st of the following month for service performed. Any changes (regardless of size) will initiate the billing process for this maintenance program.

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.