By placing an order with Total Site Solutions, you confirm that you are in agreement with and bound by the terms and conditions below. 

Definitions:

  • The Client: The company, organisation or individual requesting the services of Total Site Solutions.
  • Total Site Solutions: The freelance business of Shelley Upton and any associated partners or appointed agents.
  • Contract Cycle: the agreed period of time for when WordPress updates are performed which for this contract is once every month.

Hosting & Maintenance Services

Total Site Solutions agrees to provide Client with Hosting and Maintenance Services, depending on your chosen plan, as described in this Agreement.

Maintenance Services include:

  • Updates to Client’s content management system, including plugins and themes.
  • Uptime monitoring (if included in package purchased).*
  • Regular security scans (if included in package purchased).*
  • Updates to text, images, and other minor changes to Client’s website pages.*
  • Any website support requests, above and beyond what is outlined in package, or WordPress questions requiring a response by Total Site Solutions will count towards the monthly allotted time.*

Hosting & Maintenance Services include:

  • Managed Hosting of your website on our chosen hosting partner servers.
  • Updates to 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 Client’s website pages. The amount of time dedicated towards these tasks each month will be determined by the Maintenance Package purchased by Client at the time of signup.*
  • Any website support requests, above and beyond what is outlined in package, or WordPress questions requiring a response by Total Site Solutions will count towards the monthly allotted time.*

* These tasks are dependent on which plan is chosen. For plans with no ad hoc support, any website amendments or support requests will be charged at the current hourly rate.

What is not included:

  • Addition of new features to the website or modification of existing features
  • Installation of new WordPress plugins
  • Installation of new WordPress themes
  • Repair of website
  • Any work required to remedy an issue where an update to WordPress core, WordPress plugins or WordPress themes has been found to cause problems to the overall functioning of the website. This work will be discussed with the Client beforehand and then charged separately at Total Site Solutions hourly rate.

Malware, Spam, or Malicious Code 

  • Removal of malware, spam, and malicious code from Client’s website is available for an additional at our standard hourly rate for clients who are on a maintenance plan at the time of infection.
  • Removal of malware, spam, and malicious code that is existing on a website when a Client signs up for a maintenance plan will be charged at a rate of £95 per hour for removal. This charge does not include working with Google or other search engines on your behalf to solve any issues your infection as caused you with their services.

Cancellation

All hosting and maintenance plans are on a monthly rolling contract, unless you are in a monthly payment plan for your website build, in which case your site will remain the property of Total Site Solutions until your payment plan is complete. If you wish to cancel, please email shelley@totalsitesolutions.co.uk and we will arrange for your site files and database to be zipped up and sent to you.  Alternatively, we can arrange migration of your cPanel to an alternative host if they offer that service.  Depending on the size of your website, and the work involved in migration, there may be a fee, which will be advised to you before we make any changes.

Any outstanding amounts owed need to be settled before cancellation.  We don’t offer partial refunds of your monthly hosting costs if you cancel mid month.

Client Responsibilities

For the purposes of providing these services, Client agrees:

  • To answer any questions from Total Site Solutions, in regard to task work on website, promptly.
  • To provide Total Site Solutions with access to its website for the purpose of providing Maintenance Services.
  • To properly convey to Total Site Solutions the information about content updates.
  • To provide Total Site Solutions access their web hosting account (if you are hosting yourself), providing active user name / password combinations for access to the server via (S)FTP, assuring that correct permissions are in place on the hosting provider. 

Client Acknowledgements

Client understands, acknowledges and agrees that:

  • Client understands that all work for monthly maintenance tasks will be scheduled according to Total Site Solutions’ workflow. We have a process and maintain sites for many Clients, therefore all website updates work that counts towards your monthly time allowance is done on a first come first serve basis, except in the case of a total website down issue, which would be considered an “emergency.”
  • Failure by Client to answer a question critical to the completion of a task within 5 business days may cause that task to be and moved to the “end of the line” in our work queue.
  • The amount of time allocated for updates to text, images, and other minor changes, is determined by the Maintenance Package that they purchased and will be billed in fifteen (15) minute increments.
  • Once the time allocated in their Maintenance Package has been reached for the month, any unfinished tasks on the Client’s task list will be rolled into the next month for processing or charged for at the standard hourly rate. You will be contacted first.
  • All monthly updates are scheduled at our convenience and in accordance with our schedule. We have a process and a workflow that we use to maintain all of our clients’ websites in a fair and orderly fashion. The only exception being in the case of Client’s website being totally offline or down for some reason, in which case their issue would be considered an ‘emergency’ and would take priority.
  • Should the Client wish to have additional tasks completed in the same month, they will be billed on our standard hourly rate.
  • Client understands that if they provide Total Site Solutions with a maintenance task and the task has been completed, then they wish to make changes to the task, any additional time to make these changes will count towards the monthly allowance of time.
  • Website updates exclude, but are not limited to, image editing, graphic design, graphic editing, adding new pages or functions, programming, and search engine optimization.
  • CMS design, integration of plugins that require intensive configuration, or programming of things that require extensive time to set up, including but not limited to blogs, shopping carts, API integrations with third party services, and web forums are not considered “minor” changes and therefore are not included in the Maintenance Agreement. These require a separate design or development agreement.
  • Maintenance Agreement does not include training on how to use your website, WordPress, or email, but we can provide training at additional cost.
  • Maintenance Agreement does not include training on search engine optimization (SEO) or other online digital marketing.
  • All communications will be done during regular business hours, which are Monday through Friday from 9:00 AM to 5:00 PM.
  • If the Client’s website is not hosted with Total Site Solutions, we have no control over Client’s hosting company in regard to server downtime, incompatibilities with software, PHP compatibility issues, etc.
  • If the Client’s email accounts are not hosted with Total Site Solutions, we can’t be responsible for Client’s email issues or troubleshooting problems on their own computer. Our role is to maintain and keep your website running at its optimal capabilities.
  • Total Site Solutions has 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. Client’s 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.
  • Unused time is not accumulative and does not transfer from month to month. Maintenance Services time is strictly month to month.
  • Total Site Solutions is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.
  • Total Site Solutions is not responsible for changes made to Client’s web site(s) by other parties, including the Client themselves.
  • During the duration of this contract, the Client agrees that Total Site Solutions will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the web site’s code. If a party, including the Client, other than Total Site Solutions makes changes to the web site’s code, any errors that are created must be repaired and will be charged for at the hourly rate specified above.
  • Total Site Solutions is not responsible for third-party plugins that may become unusable as a result of Maintenance Services performed.
  • Total Site Solutions will not repair Client’s website(s) that became compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services. 

Scheduling of Maintenance Tasks – Because of the nature of our business, we are juggling multiple maintenance clients, on top of several large web design projects, at any given time. Because time is at a premium, we don’t take on more Clients than we can handle, however, scheduling is a priority for us. We schedule all work for the month in advance to maintain a workflow that is conducive for our business and for all of our Clients. When we take on a maintenance Client they are given a set amount of time in our schedule for maintenance tasks that can be done each month that are counted towards their monthly time allotment. Please understand that the scheduling of these tasks is totally at the discretion of Total Site Solutions. The only time we put one Client’s tasks for another Client’s place in line is in the case of an emergency. Unless a website problem interrupts your business monetarily, for instance an eCommerce site that goes down or has problems with checkouts, or it is totally down or offline, it is not considered an emergency. We will provide the amount of time you have contracted for each month towards updates, however we do it in accordance with our schedule. This is the only way we can be fair to all of our Clients. 

Additional Services – Additional services not listed herein will be provided at our standard hourly rate. Search engine optimization (SEO), developing new content, or writing new copy for Clients are not included in Maintenance Packages. 

Indemnification – Client shall indemnify and hold harmless Total Site Solutions (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 Total Site Solutions as a result of any claim, judgment, or adjudication against Total Site Solutions 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 Client to Total Site Solutions (the “Client Content”), or (b) a claim that Total Site Solutions’ use of the Client Content infringes the intellectual property rights of a third party. To qualify for such defence and payment, Total Site Solutions must: (i) give Client prompt written notice of a claim; and (ii) allow Client to control, and fully cooperate with Client in, the defence and all related negotiations. 

Disclaimer of All Other Warranties – Total Site Solutions does not warrant that the maintenance services will meet the client’s expectations or requirements. The entire risk as to the quality and performance is with client. Except as otherwise specified in this agreement, total site solutions 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. 

Limited liability – in no event shall Total Site Solutions be liable to client 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. Total Site Solutions 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. 

Client Representations – Client makes the following representations and warranties for the benefit of Total Site Solutions:

  • Client represents to Total Site Solutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Total Site Solutions are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Total Site Solutions and its subcontractors from any claim or suit arising from the use of such elements furnished by Client.
  • Client guarantees to Total Site Solutions and unconditionally guarantees that Client’s website has not been compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
  • Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Total Site Solutions for inclusion on the website above are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Total Site Solutions and its subcontractors from any liability or suit arising from the use of such elements.
  • From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Total Site Solutions and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Client’s exercise of Internet electronic commerce.

Confidentiality – The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Total Site Solutions and Client acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.

Force Majeure – Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.

Relationship of Parties – Total Site Solutions, 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. Client does not undertake by this Agreement, or otherwise, to perform any obligation of Total Site Solutions, whether by regulation or contract. In no way is Total Site Solutions to be construed as the agent or to be acting as the agent of Client in any respect, any other provisions of this Agreement notwithstanding.

Jurisdiction/Disputes – This Agreement will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

Read and Understood – By purchasing any one of our Packages, Client acknowledges that they have read and understand this Agreement and agree to be bound by its terms and conditions.