January 2025
Maintenance & Hosting
This Website Hosting and Maintenance Agreement ("Agreement") is hereby entered into between you, your employees, and agents (collectively "Client") and applies to the purchase of all monthly website maintenance services (hereinafter collectively referred to as "Maintenance Services") ordered by Client.
Term and Termination
This Agreement shall be effective as of the time frame Client signs up for Hosting and Maintenance Services. Either party may terminate this Agreement upon 30 days of written notice if the other party breaches any material obligation provided hereunder. The breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Techniciti immediately if a) the Client fails to pay any fees hereunder, or b) if the Client fails to cooperate with Techniciti or hinders Techniciti's ability to perform the Hosting and Maintenance Services hereunder.
Maintenance Services
Techniciti agrees to provide the Client with Maintenance Services as described in this Agreement.
- Updates to the Client's content management system, including plugins and themes.
- Cloud backup of website on a daily, weekly, or monthly basis, depending on Maintenance Package purchased.
- Recovery of website files from backups.
- Uptime monitoring (if included in package purchased).
- Regular security scans (if included in package purchased).
- Updates to text, images, and other minor changes to the Client's website pages.
- Any website support requests above and beyond those outlined in the package will count towards the monthly allotted time.
- Individual service levels and response times are negotiated with each client by email.
These are tasks completed throughout the month. Some items only occur when necessary and when we know the update is stable and safe to install.
Monitoring Services
All sites hosted under Techniciti's maintenance agreement are monitored on a minute-by-minute basis. Our technicians are alerted immediately if a network issue is detected or our server or any client's site becomes inaccessible. We also monitor services provided by us, such as SSL certificates and email availability. Further monitoring can be implemented upon request.
Malware, Spam, or Malicious Code
Removal of malware, spam, and malicious code from the Client's website will be managed for clients on a maintenance plan at the time of infection if the infection is not caused by security breaches such as password leaks or insecure passwords. Removal of infections related to third-party services will be charged separately at our usual hourly rates.
Fees, Limitations on Refunds and Cancellation Fees
The Client agrees to pay Techniciti any fee(s) as billed per this Agreement. Techniciti must receive the fee(s) before the start of any Maintenance Services. In the event of any termination of this agreement by the Client, no refunds shall be given under any circumstances.
Client Responsibilities
To provide these services, the Client agrees to:
- Answer any questions from Techniciti regarding work on the website, promptly.
- Provide Techniciti with access to its website to provide Maintenance Services.
- Properly convey information about content updates.
- Provide access to their web hosting account with correct permissions.
Client Acknowledgements
The Client understands, acknowledges, and agrees that:
- All work for monthly maintenance tasks will be scheduled according to Techniciti's workflow.
- The amount of time allocated for updates is determined by the Maintenance Package purchased.
- Once the allocated time has been reached, unfinished tasks will be rolled into the next month.
- Additional tasks will be billed at 100EUR per hour or at the agreed local exchange rate.
- Website updates exclude image editing, graphic design, database changes, and programming.
- CMS design and plugin integration requiring extensive configuration are not included.
- This Agreement does not include training on using your website or email.
- This Agreement does not include search engine optimization (SEO).
- All communications will be made during business hours, Monday to Friday, 9:00 AM to 5:30 PM (CET).
- Unused time does not transfer from month to month.
- Techniciti is not responsible for checking for typing errors or misspellings.
- Techniciti is not responsible for changes made by other parties.
- Techniciti is not responsible for third-party plugins that may become unusable.
Additional Services
Techniciti will provide additional services not listed herein for a fee (100EUR per hour for development services and content updates). SEO, developing new content, or writing new copy is not included but can be negotiated separately.
Indemnification
The Client shall indemnify Techniciti from any claims, damages, liabilities, costs, and expenses incurred as a result of any claim related to or arising from content furnished by Client or claims that use of Client Content infringes third-party intellectual property rights.
Disclaimer of All Other Warranties
Techniciti does not warrant that the maintenance services will meet the client's expectations or requirements. Techniciti provides its services "as is" and without warranty of any kind.
Limited Liability
In no event shall Techniciti be liable to the Client for any indirect, special, exemplary, or consequential damages. There shall be no refunds. Techniciti makes no warranty concerning third-party products or software.
Client Representations
Client represents and guarantees ownership of all elements provided to Techniciti and that the website has not been compromised before ordering Maintenance Services.
Confidentiality
The parties agree to hold each other's Proprietary or Confidential Information in strict confidence. Confidentiality obligations shall continue for three (3) years from the effective date.
Force Majeure
Neither party will be liable for delays or failures caused by conditions beyond reasonable control.
Relationship of Parties
Techniciti shall be deemed an independent contractor. This arrangement does not constitute employment, joint venture, or partnership.
Notice and Payment
Any notice required shall be in writing via traceable email or registered post.
Agreement Binding on Successors
The provisions shall be binding upon and inure to the benefit of the Parties, their heirs, administrators, successors, and assigns.
Assignability
The Client may not assign this Agreement without prior written approval of Techniciti. Techniciti reserves the right to assign subcontractors.
Waiver
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent defaults.
Severability
If any term is held invalid or unenforceable, such invalidity shall not affect other terms.
Acceptance
By purchasing a Maintenance Package, the Client acknowledges that they have read and understood this Agreement and agree to be bound by its terms.
