We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what, and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
In a Nutshell
You are hiring Genie in a Website to host and care for your existing website, for the agreed-upon price of $95 per month. Until cancellation, you will continue to use our services month to month for the cost of $95 per month, which can be canceled at any time with a one-payment notice in writing.
What do Both Parties Agree to
You have the authority to enter into this contract on behalf of yourself, your company, or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound to keep the project moving speedily. You also agree to stick to the payment schedule set out by the terms of the subscription billing.
Genie in a Website
We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.
What Will be Included in the Monthly Maintenance
Premium web hosting, security certificates (HTTPS), 3rd party daily backups, uptime monitoring, automated security checks, automated performance checks, plugin updates, theme updates, and WordPress updates.
All tech support needed to keep your website running smoothly is included. We will normally respond to any bug reports within one business day (typically much less!), and please allow up to three business days for us to complete any bug fixes. If a request will take longer than three business days to complete, we will inform you of the estimated completion date within one business day.
You will be able to submit any update requests (wishes) to our entire support team for the quickest response. You are expected to communicate with us through the Wish Tool in a timely manner in order for us to keep our ideal turnaround times for your bug reports.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if you’ve advised us of them. Your liability to us will also be limited to the number of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if we’ve advised you of them.
Scope Of Work
Site Care services are for maintaining an existing website to keep it running as well as possible, safe from malicious attacks, and properly backed up and monitored. Since we didn’t build your website, we may be limited in how well we can provide these services by the quality of the website code, plugins and general quality. Site Care provides maintenance for the existing website, but recoding, improving or correcting issues with the website’s design or code are not included in the Site Care service. Any improvements will need to be quoted separately in writing.
We’re sure you understand how important it is as a small business that you keep up on your automatic billing. Your credit card will be auto-billed monthly for $95 once per month through our billing system. This ongoing service is month to month and can be canceled at any time by notifying us in writing (email, mail) of your intention to cancel service. We will bill one subsequent monthly payment and our services will end at the end of that billing period.
We understand you may have a late payment due to insufficient funds or an expired credit card, we understand this and will email you reminding you that your payment was missed. Any payments that are 30 days past due will incur a $50 late fee.
Delinquent and Defaulted Payments
If you are delinquent for more than one month in your billing, your website will be automatically frozen, and no wishes will be granted until your payments have been caught up. If your billing reaches three months of delinquent payments your billing contract will be considered to have defaulted and your website will be taken offline.
When cancelling site care services, if you have been hosting with us we will package up your website files and deliver them over to you to host, manage, and maintain your own website moving forward. You will have a grace period of 2 weeks once your contract is up to move your website to another hosting provider if you do so choose. (Please note that delivery of website files does not include installing them on your new hosting provider, nor would it include any necessary plugin/software licenses used to power your website, which may be required purchases for your website to continue to operate.)
Governing Law/ Forum
This Agreement shall be construed in accordance with the internal laws of the State of Oklahoma, without regard to conflict of laws rules. The venue shall be in a court of competent jurisdiction in the State of Oklahoma, Cleveland County, and both parties expressly consent to jurisdiction in such courts.
In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs, and expenses, including reasonable attorney’s fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.
By entering your payment information into our billing system, you agree to the terms and conditions outlined by Genie in a Website and agree to fulfill any and all payments enclosed in this agreement.