Using any service or viewing any content shall constitute your acceptance of the Terms as laid out below. As you will be unable to purchase any of our maintenance packages online without first acknowledging that you have read and understood the above terms, paying for your selected maintenance package means you agree to the terms of this document “Web Maintenance Agreement” and this agreement will be valid for the duration of that the service you purchased is active.
DESCRIPTION OF SERVICES.
AUTHORISATION AND CONFIDENTIALITY
CUSTOMER RESPONSIBILITIES & OBLIGATIONS
The customer will provide a name and contact details of a person through which the maintenance will be administrated. All of the customer’s support enquiries shall be initiated through these contacts and logged internally.
The customer agrees to provide Regal Barn Business with reasonable access to all necessary personnel to answer any questions about any problems reported by the customer regarding the Software. The customer also agrees to promptly implement all updates provided by either a 3rd party or RegalBarn Business if requested. When requested and necessary, the customer shall provide Regal Barn Business in writing a reasonable description of the maintenance required along with any additional information or software required to complete the Website Maintenance.
‘Regal Barn Business’ is a developer of ethical websites. As such, ‘Regal Barn Business’ will not design, promote, maintain or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, colour, sex, creed or religion. Nor will ‘Regal Barn Business’ design, promote, maintain or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.
WEB MAINTENANCE SERVICE AGREEMENT
We offer an online service that uses mainly but is not limited to, email and online support to operators of websites running on single-site installations of WordPress.
- Management plans and additional task options are for WORDPRESS websites only.
- Plans run for a year. If a plan needs to be changed mid-year, the amount spent will be deducted from the annual amount required for the new plan.
- Minor content and development time included in your chosen package does not roll-over to the next month or accumulate. Minor updates are considered to not exceed more than 50% of the content on any single page and the percentage is to be determined by us.
- Each Barn Option subscription is valid for 1 website only.
- eCommerce Sites, Community Sites & Membership Sites must select the ‘The Champion’ plan.
- Your website will not contain any destructive, crude, insulting, harassing, violent, sexual, or any other inappropriate content.
- You will provide us with username/password combinations to access your WordPress Admin Dashboard as well as your hosting account or FTP details.
- Time not used during a billing period is non-transferable.
- Time log provided on a report showing time spent on website maintenance.
- All payments will be due in advance.
- You will be required to open an online account
As a condition to using Services, you are required to open an account with Regal Barn Business and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Regal Barn Business account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Regal Barn Business of any security breach of your Account. We shall not be responsible for any losses arising out of the unauthorised use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Regal Barn Business account.
Services are available only to legal entities and to individuals who are at least 18 years old.
SUPPORT REQUESTS & REASONABLE USE
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email firstname.lastname@example.org Each request is subject to the amount of time available to the client through their particular plan or payment option. The effort required for the updates requested is exclusively determined by the Regal Barn Business management team.
Work outside of the scope of the Annual Maintenance Plan Options, (The Groom, The Butler, The Champion) shall be considered “additional” and will require a separate payment. Regal Barn Business management may provide alternative solutions to the client including quoting for the service or providing advice about a third party service. Your requests are subject to approval by Regal Barn Business management or by its assigned agent. Services not considered part of our Annual maintenance packages are subject to be charged at a regular hourly rate of $75, or at the selected discount rate for bulk hour options. The minimum charge for additional maintenance tasks is $40
NATURE OF REQUESTS COVERED IN ANNUAL FUNDAMENTAL MAINTENANCE PACKAGES ( GROOM, BUTLER, CHAMPION)
- Content population & image manipulation
- Media and image uploads
- Image optimisation
- WordPress consulting (advice and guidance on the use of the website)
- Theme/plugin audits
- Plugin installation and implementation
- Edit, revise, update or create new textual content.
- Regular monitoring and updating to ensure impeccable performance across all major browsers due to the fact that not all browsers render sites in the same way.
- Protection against hackers from gaining access to your site.
- Monitoring your website functionality to ensure that everything is working as it should and upgrade where necessary. Some plugins may become outdated and no longer work with the newest version of your website software. Plugins may need upgrading to accommodate the newer version or become obsolete with the improvements in the website software.
- Downtime is highly inconvenient for any website owner and when it happens it is important to have someone on hand to help. We can assist you by liaising with the hosting company to sort out the situation as quickly as possible. When your site is offline you need immediate technical support, We ensure that option is available and deal with any issues ourselves so you don’t have to. (In a case where the support time exceeds the allocated time allowance under the package or payment plan, the work will be considered additional and will need separate payment to complete the task.)
- Security Scans
- Backup or Restore
- Site optimisation (removing inactive plugins and themes)
- Create and activate a child theme
- Performance Reports
- Clean up spam
- Update WordPress
Any fix deemed by Regal Barn Business management to exceed 30 minutes effort is considered an ‘Additional Task’. Examples of requests that are deemed ‘Additional Tasks’:
- Styling elements with CSS
- On-page SEO such as Meta tags (title, description, keywords), alt tag, h1, h2, h3.
- Protect your emails from spam attacks, which can be troublesome and frequent if not dealt with efficiently.
- CMS integration including but not limited to blogs, shopping carts, comment systems and web forums. Design of these pages requires a separate design agreement.
- Creation of basic graphics (e.g. buttons, banners, etc.)
- Customise a theme
- Config file changes
- Fix Permalink Errors
- Database import, export, connection or
- Google Indexing check and fix
- Add a favicon
- Setting up re-directs
- Install or update IonCube
- Unzip a file to a specified folder on hosting account
- Move WordPress site to another folder
- Troubleshoot and fix login issues
- Troubleshoot and fix WordPress image issues (Missing images must be provided or on the host)
- Troubleshoot and fix media upload issues
- Install WordPress in a specific folder
- Troubleshoot and fix core file issues/replace WP core files
- Troubleshoot and fix a white screen of death
- Troubleshoot and fix a WordPress site that resolves to a 500 Internal Server Error
- Set up Google Analytics
- If a party other than us makes changes to the website, any errors that are created must be repaired and will be charged for at the hourly rate specified above.
Examples of requests that do not fall under our maintenance support tasks and need a separate process, agreement, and payment:
- All design service e.g web design or re-design, print media design, digital ad design etc
- Web Development e.g new website development, re-builds
- Social Media Service
- Creation of Landing and Sales pages
Examples of requests which shall not meet Regal Barn Business management approval for support:
- Custom plugin development
- Custom theme development
- Mobile App development
If you are unsure about the criteria around your request please email email@example.com and we can advise you on how we can support.
DEADLINES & DELIVERABLES
We will respond to requests from you within 24 hours on weekdays and 48 hours on weekends, via email or phone, with a confirmation that the request was received and an estimated completion date for each action item in the request. In the event that there are any issues in delivering on a quoted deadline, you will be notified via email or telephone the reasoning for any change. Support is limited over the weekend and this policy is designed to reduce the risk of critical errors occurring over this period.
Where the option is given to you, you may make payment for the services by way of PayPal or Stripe. When making any payment in relation to the services we provide, you warrant that you have read, understood and agree to be bound by the PayPal terms and conditions which are available on their website. Fees for our fundamental Maintenance Packages, The Groom, The Butler and The Champion are billed annually and the service begins and the contract is binding from the date that payment for the services are received in full and has cleared. Additional tasks will be invoiced per hour or bulk plan and are payable upfront for a months service which will commence as soon as payment has been received in full and has cleared. This service will continue until the hours associated for that plan has run out or a month has gone by since the date of payment. You agree that you will provideRegal Barn Business with a valid payment method for payment of all fees. Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable. Prices for the Services may change at any time at Regal Barn Business’ sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
We will only provide you with a refund in the event that Regal Barn Business is unable to continue to provide the services or if the manager of Regal Barn Business makes a decision at its absolute discretion, that it is reasonable to do so under the circumstances.
TERMINATION & CANCELLATION
Cancellation can occur at any time. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better. We may terminate or suspend any and all Services and/or your Regal Barn Business account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the services will immediately cease. If you wish to terminate your Regal Barn Business account, you must contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You can contact us through the contact page or email us at firstname.lastname@example.org to issue a termination request. Notice of this termination must be made in writing.
THIRD PARTY MATERIALS
Certain services available may include materials from third parties. We may provide links to third-party websites as a convenience to you. You agree that Regal Barn Business is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Regal Barn Business is not in any way responsible for any such use by you.
In the event that you or other agent acting on the behalf of you accesses files and disrupts the layout or functionality of the website, we can work to get the website back up and running at the regular hourly rate. Under no circumstances, including negligence, shall we, or any other company involved in the creation, production or distribution of the website, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorised access to our records, programs or services.
In no event shall Regal Barn Business be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the services is to cancel your subscription and services.
COPYRIGHT AND TRADEMARKS
You, represent to us, and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to us for inclusion in your website are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend us from any claim or suit arising from the use of such elements furnished by you.
CHANGES TO THESE TERMS
Regal Barn Business reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, we will notify you by posting an announcement on the site. What constitutes a material change will be determined at our sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Regal Barn Business in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Regal Barn Business shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. We may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with Australian Law, as if made within Australia between two residents thereof, the parties submit to the exclusive jurisdiction of Australian courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.
LAST UPDATE: 31 August 2018