Hosting and Maintenance Terms: Pro Plan
Effective Date: 01/01/2021
By selecting the Pro Plan for web maintenance and hosting provided by Airwalk Properties LLC dba Captive Demand (“Captive Demand” or “Contractor”), the Client agrees to the following terms and conditions, governed by the Master Services Agreement and Statement of Work (“SOW”) provided:
1. Service Agreement
The Pro Plan will commence on the project start date and continue for a minimum of three (3) months, transitioning to a month-to-month arrangement thereafter unless terminated according to these terms. The scope of work includes all services outlined explicitly in the SOW under the “Pro Plan” package.
2. Scope of Services
The Pro Plan includes:
-Monthly core WordPress and plugin updates
-Daily website backups
-99% uptime guarantee
-Proactive threat blocking and enhanced security measures
-Use of separate development and production servers
-Custom testing following each WordPress and plugin update
-Three-hour monthly retainer for website updates
-Discounted rate ($110/hour) for additional web design work
-20% discount on future full website redesigns
3. Payment Terms
Monthly hosting and support payments of $250 are due at the start of service and monthly thereafter.
Payments must be made on time. Late payments may incur additional fees or temporary suspension of services until payment is made.
4. Termination
After the initial three (3) months, the agreement automatically transitions to month-to-month. Either party may terminate the contract upon providing thirty (30) days’ written notice.
Upon termination, the Client is responsible for transferring hosting and website management. Captive Demand can assist at its standard hourly rate of $110/hour.
5. Client Responsibilities
Provide timely access to necessary resources, credentials, and information to allow Captive Demand to execute the services outlined in this agreement.
Notify Captive Demand promptly of any issues, modifications, or necessary content updates.
6. Service Limitations
The two-hour monthly retainer covers minor website updates only, such as content or image changes. Any request exceeding this allocation will be billed at the discounted hourly rate of $110/hour, subject to prior approval from the Client.
This agreement does not cover significant site redesign, structural changes, custom coding, or adding new functionalities, and will require a separate quote.
7. Ownership and Licensing
Ownership of the website content, visuals, and data provided by the Client remains with the Client upon payment.
Captive Demand retains rights to all HTML markup, CSS, scripts, and other coding elements, providing the Client a license to use these solely for the website managed under this agreement.
8. Liability and Indemnification
Captive Demand is not liable for website downtime due to third-party providers, such as hosting companies or domain registrars, unless due to negligence by Captive Demand.
The Client agrees to indemnify and hold Captive Demand harmless from any claims or liabilities arising from the Client’s use or misuse of the provided services or breach of intellectual property rights related to materials supplied by the Client.
9. Governing Law
This agreement shall be governed by the laws of the state in which Captive Demand operates, without regard to conflicts of law principles.
10. Amendments
Any modifications or amendments to this agreement must be in writing and signed by both parties.
11. Acceptance
