Maintenance Contract
This Maintenance Agreement is entered into on ........................... between Over the Edge Websites, hereinafter referred to as "the Company" and ...................................., hereinafter referred to as "the Client".
1. Authorisation
The Client is engaging the Company, as an independent contractor for the specific project of modifying and/or improving a web site installed on the Client’s web space. The Client hereby authorises the Company to access this account, with write permission for the Client’s web page directly, and any other directories, files or programs which need to be accessed.
2. Price
Notwithstanding any prices listed in literature or on Web pages, the Client and the Company agree that the services described in this Agreement shall be completed for a monthly fee of £45.00 payable by Standing Order to the Company’s designated account. (See clause 13).
3. Scope of this Agreement
This Agreement includes 2 hours’ worth of web page maintenance including updating text, links and images (provided by email or scanned from client supplied copy). Any minutes not used will be rolled over for one month only.
The scope of this Agreement does not include the addition of new pages to the web site or image production/manipulation and/or Flash production which is charged at an hourly rate of £30.00.
If the Client or an agent other than the Company attempts to update the Client’s pages, time to repair web pages will be assessed at the hourly rate of £30.00, and is not included as part of the updating time.
4. Agreement Period
The one year maintenance period commences upon the date of the first payment.
Changes requested by the Client beyond conditions described above will be billed at the hourly rate of £30.00. This rate shall also govern additional work authorised beyond the levels specified above for such services as marketing consulting, web page design, graphic services and advertising.
5. Update Time
The Company will work expeditiously to complete the requested web site changes within 2 business days maximum, typically updates are completed within 24 hours.
6. Payment of Fees
Maintenance Fees to the Company are due and payable prior to the Company commencing the work and are payable in each calendar month for the Agreement Period following the date in which this Agreement has been entered into.
7. Assignment of Project
The Company reserves the right to assign subcontractors to this project to ensure that the correct skills fit the job as well as to ensure a timely completion.
8. Additional
In no event will the Company be liable to the Client or any third party for any damages, including any loss of profits, loss of savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or web site.
9. Copyrights and Trademarks
The Client represents to the Company and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless and protect the Company and its sub-contractors from any claim or suit arising from the use of such elements furnished by the Client.
10. Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend the Company and its sub-contractors from any claim, suit, penalty, tax or tariff arising from the Client’s exercise of Internet electronic commerce.
11. Sole Agreement
This Agreement constitutes the sole agreement between the Company and the Client regarding this web site. Any additional work not specified in this Agreement must be authorised by an additional order or change order. All prices specified in this Agreement will be honoured for one year after both parties sign this Agreement. Continued services after that time will require a new Agreement.
12. Initial Payment & Refund Policy
This Agreement begins with a monthly payment of £45.00 to the Company’s account below. If the Client halts work and applies for a refund within 30 days to the Company, work completed shall be billed at the hourly rate stated and deducted from the initial payment, the Client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this payment will be refunded unless written application is made within 14 days prior to when the next monthly installment falls due.
13. Account Details
Account Name:
Account Number:
Sort Code:
14. Agreement Termination
This Agreement may be terminated by the Client at any stage during the Agreement period provided that the Company is notified in writing.
The undersigned agrees to the terms of this Agreement on behalf of his or her organisation or business.
On behalf of the Client:
........................................ Date ...........................
On behalf of the Company:
........................................ Date ...........................