Terms & Conditions for Website Maintenance Services
1. Introduction
These Terms and Conditions (“Agreement”) govern the provision of website maintenance services (“Services”) by Ace Web Studio Limited (“we,” “us,” or “our”) to the client (“you” or “your”). By purchasing or subscribing to our Services, you agree to these terms.
2. Scope of Services
Our Services include, but are not limited to:
1. WordPress Core Updates: Regular updates to ensure the website runs on the latest stable version of WordPress.
2. Plugin Updates: Regular updates of all installed plugins to their latest stable versions.
3. Security Scans: Routine scans to identify and mitigate potential vulnerabilities.
4. Malware Scans: Comprehensive scans to detect and remove malicious code.
5. Minor Bug Fixes: Resolution of minor errors that may arise from updates.
6. Performance Monitoring: Periodic checks to ensure optimal website performance.
7. Daily Backups: Automated daily backups of your website to ensure data recovery in case of an issue.
These services are provided according to your selected maintenance plan’s features and time allocations.
3. Exclusions
The following are not included in the scope of Services:
• Custom development, major redesigns, or changes beyond minor bug fixes.
• Updates to plugins/themes that are no longer supported by their developers.
• Repair of damages caused by user modifications or third-party interference.
• Content updates, such as adding or changing images, text, or other content on the website.
All excluded tasks will require a separate estimate and will be billed accordingly.
4. Scheduling and Allocation of Maintenance Tasks
All maintenance tasks are scheduled in advance to ensure an efficient workflow for all Clients. Each Client is allocated a set amount of time each month, which is used according to their maintenance plan. Task scheduling is entirely at the discretion of Ace Web Studio Limited, and adjustments are made only in cases of emergencies, such as critical issues that disrupt business operations (e.g., an eCommerce site experiencing checkout problems or going offline).
Routine updates will be completed within the contracted time but aligned with our schedule.
We reserve the right to use subcontractors to deliver maintenance services, ensuring that all subcontractors adhere to the same standards and confidentiality obligations outlined in this Agreement.
5. Client Responsibilities
To facilitate our Services, you agree to:
1. Provide full administrative access to the website, hosting account, and necessary credentials.
2. Keep your website administration credentials secure and confidential.
3. Notify us promptly if any new administrator-level users are added to your website.
4. Inform us of any modifications or changes made to the website by you or third parties.
5. Ensure all plugins, themes, and software licenses used on the site are valid and up to date.
6. GDPR Compliance
As part of our Services, we monitor basic GDPR-related functionalities, such as cookie banners and their proper display, depending on the selected plan. However, it is your responsibility to ensure full compliance with GDPR requirements, including but not limited to the preparation, accuracy, and implementation of legal documents such as Privacy Policies, Terms of Use, and Data Processing Agreements.
We do not provide legal advice or guarantee compliance with GDPR or any other data protection laws.
7. Service Limitations
1. While we take every precaution to prevent downtime, we cannot guarantee uninterrupted website availability during updates or maintenance.
2. Our malware scans and security measures are preventive, but we do not guarantee the site will remain 100% secure from attacks or breaches.
3. Compatibility issues arising from outdated third-party plugins/themes are beyond our control.
8. Payment Terms
1. Payment for Services is due as per the agreed subscription plan or invoice terms.
2. Failure to pay may result in suspension of Services until full payment is received.
9. Termination
1. You may terminate this Agreement at any time with 15 days’ written notice.
2. We reserve the right to terminate this Agreement if:
– Payment is not received within the due period.
– We identify repeated breaches of these Terms.
10. Indemnification
You agree to indemnify, defend, and hold harmless Ace Web Studio Limited, its affiliates, employees, and contractors from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:
1. Your use of the Services.
2. Breach of this Agreement by you.
3. Any content or data you provide violates applicable laws, regulations, or third-party rights.
11. Limited Liability
1. To the fullest extent permitted by the laws of England and Wales, Ace Web Studio Limited shall not be liable for:
– Indirect, incidental, special, consequential, or punitive damages.
– Loss of profits, revenue, data, or business opportunities.
– Downtime, attacks, or breaches caused by third-party plugins, themes, or hosting providers.
2. In any event, our total liability under this Agreement shall not exceed the amount paid by you for Services in the 12 months preceding the claim.
12. Force Majeure
We shall not be held liable for any failure or delay in performing our obligations under this Agreement due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, labour disputes, cyberattacks, failure of third-party service providers, or any other unforeseen events. In such cases, we will notify you promptly and make reasonable efforts to resume Services.
13. Confidentiality
We will treat all access credentials and sensitive information provided by you as confidential and will not disclose them to any unauthorized party.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any disputes arising out of or in connection with this Agreement.
15. Amendments
We reserve the right to update or amend these Terms at any time. Changes will be communicated to you via email or posted on our website.
16. Queries
If you have any queries, please email us at support@acewebstudio.com.
17. Acceptance
By subscribing to or using our Services, you acknowledge that you have read, understood, and agree to these Terms.
