Hosting Terms

Basic WordPress Website Maintenance Agreement

1. Scope of Services

Service Provider (DesignsTouch) agrees to provide annual WordPress website maintenance services.

Basic maintenance services may include:

WordPress core updates
Theme updates
Plugin updates
Website backups
Security monitoring
Malware scanning
Uptime monitoring
Minor content updates
Technical support related to website functionality

Any services not specifically listed above are considered outside the scope of this Agreement.

2. Maintenance Schedule

Maintenance services shall be performed periodically throughout the annual hosting and maintenance term as determined by the Service Provider.

Emergency maintenance may be performed when necessary to address security vulnerabilities or website outages.

3. Client Responsibilities

Client agrees to:

Provide necessary access credentials to hosting accounts, domain registrar accounts, WordPress admin access, and third-party services.
Maintain valid licenses for premium themes, plugins, or third-party software unless otherwise agreed in writing.

Respond promptly to requests for approvals or information.
Maintain ownership rights or authorization for all website content provided.

Client acknowledges that delays in providing required access or approvals may delay service performance.

4. Hosting and Maintenance Fees

Client acknowledges that website maintenance services are included as part of the Client’s hosting agreement or hosting package with Service Provider.

Additional services outside the scope of this Agreement may require a separate written agreement or approval.

Annual hosting and basic website maintenance fees are nonrefundable once services begin or the hosting term is activated.

Client acknowledges that all annual hosting and website maintenance payments are nonrefundable due to the allocation of server resources, software licensing, setup, and ongoing support services.

5. Term and Termination

This Agreement shall begin on the Effective Date and continue for a period of one (1) year unless terminated earlier in accordance with this Agreement.

The Agreement may automatically renew annually unless either Party provides written notice of non-renewal at least thirty (30) days before the renewal date.

Either Party may terminate this Agreement for material breach if the breach remains uncured for fifteen (15) days after written notice.

Service Provider reserves the right to suspend or terminate services immediately for:

Abuse or harassment
Illegal website activity
Repeated violation of this Agreement

6. Additional Services

The following services are outside the scope of this Agreement unless otherwise agreed in writing:

Website redesigns
Custom development
Server migrations
Advanced SEO services
Content creation
Third-party software troubleshooting
Recovery from major security incidents caused by third-party actions or Client negligence

Additional work may require separate authorization.

7. No Guarantee

Service Provider does not guarantee uninterrupted website availability, specific search engine rankings, or complete protection from all cybersecurity threats.

Client understands that third-party services, hosting providers, plugins, themes, and internet infrastructure are outside the Service Provider’s control.

8. Limitation of Liability

To the fullest extent permitted under Wisconsin law, Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, profits, data, or business opportunities.

Service Provider’s total liability under this Agreement shall not exceed the total amount paid by Client for hosting services during the twelve (12) months preceding the event giving rise to the claim.

9. Indemnification

Client agrees to indemnify and hold harmless Service Provider from any claims, damages, liabilities, costs, or expenses arising from:

Client-provided content
Copyright or trademark infringement
Illegal website activity
Misuse of the website
Third-party software or services selected by Client

10. Intellectual Property

Client retains ownership of all website content, trademarks, and materials provided by Client.

Service Provider retains ownership of any proprietary tools, processes, scripts, templates, or materials developed independently by Service Provider unless otherwise agreed in writing.

11. Confidentiality

Both Parties agree to maintain confidentiality regarding any non-public business, technical, or financial information disclosed during the term of this Agreement.

12. Independent Contractor

Service Provider is acting as an independent contractor and not as an employee, partner, or joint venture of Client.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of law principles.

Any disputes arising under this Agreement shall be resolved in the courts located in Racine County, Wisconsin.