The best work comes out of great relationships. Honesty, respect and gratitude are key to a great relationship and as such we have an interest in treating each other with these values at all times. As much as legal documents are important, what truly binds us is our drive to do great work with great people and to develop a relationship of mutual respect and trust.
These Terms and Conditions (“Agreement”) are hereby entered into between subscribers (“customer”, you” or “your”) of the EcoTechie maintenance and support plans (“plan” or “plans”) and EcoTechie (“I”, “me”). The Agreement applies to the website specified in your subscription.
Terms and Termination
These maintenance and support plans were carefully crafted to provide you with excellent, and long lasting, results. There is substantial work involved in the initial setup for your site, therefore, you must agree to sign up for at least the first two (2) months as part of the signup process. This Agreement shall be effective as of the time you sign up for a plan. If you need to cancel your plan, you may do so only after the first two (2) months by sending an email to [email protected]. I will then cancel your recurring payments before the next month’s billing cycle. There will be no pro-rated refunds for partial months. Subscriptions will continue automatically on a monthly basis until cancelled.
After purchasing your plan, you will be billed for the first month. After the initial month automatic monthly billing will begin.
Scope of work
I agree to provide you with a maintenance and support plan as described in this Agreement. Depending on the plan selected, services may include:
A Web Application Firewall will be configured to detect and block security threats to your site. Also there will be regular scans to the code on your site to make sure nothing malicious is in there.
A Content Delivery Network will be configured on top of several caching layers to keep your site running smooth and loading fast.
Only for the Shrub and Oak plans, a trusted leader in image optimization is used to compress and shrink the size of images. I will configure your site’s images for optimal performance. After you approve of how your compressed images will look, I will optimize all images on your site. Backups of the original images are kept on the server in case of any problems. For image intensive sites (100 + images added per month), there may be a need for you to purchase a separate license.
Updates to Content Management System (WordPress), including plugins and themes:
Updates will be performed for Shrub and Oak plans, usually, on a weekly basis. This gives the updated code time to “mature” in the wild. So if there have been any bugs or security risks found, they’ll be dealt with before updates are applied to your site.
Sprout plans must maintain their site up to date in order to keep it running safely and without any bugs.
Full site backups are ran (depending on plan) daily, twice a day, or hourly. They are available for restoration only by me. You cannot have direct access to files. If in need, I can send backup files to you when requested.
There will also be backups of the database, plugins and theme on your server accessible to you.
eCommerce sites are more complex than standard WordPress sites. Only under the Oak service plan will updates to WooCommerce and accompanying plugins/add-ons be done in addition to regular updates.
Depending on your plan, TechieTasks include one (1), five (5) or ten (10) thirty (30) minute tasks per month. These are tasks, or support requests, such as small code changes, plugin installation/configuration, questions about how to best implement a functionality, and quick changes to the site.
TechieTasks are limited to thirty minutes each,
and may not be combined into larger projects.
What constitutes a TechieTask ultimately falls under my discretion.
TechieTasks don’t generally include:
- E-commerce related tasks
- Site Speed Optimization
- SEO services
- re-writing a plugin’s code
- Content Creation
- Graphic design
The Legal Stuff, aka, A lawyer made me do it:
Fees; Limitations on Refunds and Cancellation Fees:
You agree to pay me any and all fee(s) as billed in accordance with this Agreement. The fee(s) must be received prior to the start of any maintenance service plans. YOU FURTHER AGREE THAT, IN THE EVENT OF ANY TERMINATION OF THIS AGREEMENT BY YOU, REFUNDS MAY BE GIVEN SOLELY UNDER MY DISCRETION. YOU FURTHER AGREE TO PAY UPON CANCELLATION THE AMOUNT OF ANY CANCELLATION FEES (IF ANY) OR OTHER AMOUNTS DUE TO ME AS PROVIDED IN THIS AGREEMENT. I AM HEREBY AUTHORIZED TO CHARGE YOUR CREDIT CARD ACCOUNT OR OTHER PAYMENT MECHANISM FOR ANY AMOUNTS OWED FROM TIME TO TIME BY YOU TO ME.
For the purposes of providing these services, you agree:
To provide me with access to your web site (and supporting services) for configuration, and making changes for the purpose of setting up and maintaining your plan.
To share with me login information for supporting services, such as registrar, current web host, DNS provider, etc.
You understand, acknowledge and agree that:
- Multiple TechieTasks cannot be combined to allow for more time.
- Unused TechieTask time is not cumulative and does not transfer from month to month.
- The plan excludes image editing, graphic design, graphic editing, database design, programming, and Search Engine Optimization services.
- I haves no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Your web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.
- I am not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.
- Though I’m happy to have a look, I am not responsible for changes made to your web site(s) by other parties.
- I am not responsible if a website(s) was compromised, hacked, or otherwise defaced or infected prior to signing up for one of my plans.
- Even though I will put my best effort, recovery or repair of your website is not guaranteed.
- Availability of backups is not guaranteed.
You shall indemnify and hold harmless EcoTechie (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by EcoTechie as a result of any claim, judgment, or adjudication against EcoTechie related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by you to EcoTechie (the “Customer Content”), or (b) a claim that EcoTechie’s use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, EcoTechie must: (i) give you prompt written notice of a claim; and (ii) allow you to control, and fully cooperate with you in, the defense and all related negotiations.
Disclaimer of All Other Warranties:
ECOTECHIE DOES NOT WARRANT THAT THE MAINTENANCE SERVICES PLAN WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH YOU. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, ECOTECHIE PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. 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.
IN NO EVENT SHALL ECOTECHIE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. ECOTECHIE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
Relationship of Parties:
EcoTechie, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Customer does not undertake by this Agreement, or otherwise, to perform any obligation of EcoTechie, whether by regulation or contract. In no way is EcoTechie to be construed as the agent or to be acting as the agent of Customer in any respect, any other provisions of this Agreement notwithstanding.
Notice and Payment:
Any notice required to be given under this Agreement shall be in writing and delivered to the other designated party by electronic mail.
Term, Fees and Payment:
The initial term of the Agreement shall begin on the date that EcoTechie generates an email notification of Customer’s account activation. The term of the Agreement shall be two (2) initial months and then one (1) month, and will be automatically renewed each additional month beyond the expiration of the initial term subject to written cancellation by the Customer.
Monthly Fees for Service(s) ordered by Customer shall begin on the date of the initial order and that date shall serve as the anniversary date for all future billings, including one-time fees, upgrades and additional services. Payment is due on the defined recurring billing date of each month. Credit cards that are declined for any reason are subject to a $20.00 declination fee. Accounts that reach 7 days past due may be suspended at EcoTechie’s discretion and the Service may be interrupted. EcoTechie is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by EcoTechie. Currency exchange settlements will be based on agreements between Customer and the provider of Customer’s credit card.
One Time Fees:
One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
This Agreement shall be governed in accordance with the laws of the State of Washington. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Washington including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
Agreement Binding on Successors:
The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
Customer may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of EcoTechie. EcoTechie reserves the right to assign subcontractors as needed to ensure on-time completion.
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
No Inference Against Author:
No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.
Customer and EcoTechie agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Jefferson County, Washington and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Washington sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Washington or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
Read and Understood:
Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.