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ToS – Shopify Maintenance Membership | Website Design Plus

Shopify Website Maintenance Terms of Service

Introduction
These Terms of Service ("Terms") constitute a legal agreement between Website Design Plus ("Service Provider," "we," "us," or "our") and the client ("your business," "you," or "your") for the provision of website maintenance services. By using our website maintenance services, you agree to be bound by these Terms.

Scope of Services

2.1. Description: Service Provider agrees to provide Website Care Membership services ("Membership Services") to the Client. The Membership Services include:

  1. Technical Error Resolution: Addressing technical errors that may arise with the website is included in our Maintenance Services. We define a technical error as a problem with the website that hinders its function and was not caused by a third party or the Client. Our team will work to resolve technical issues promptly to ensure the smooth functioning of your website.
  2. Content writing: We will create two optimized blog posts a month.
  3. Site updates: We will provide 2 hours of update time when the client requests updates to the website.

2.2. Exclusions: The Maintenance Services do not include:

  1. Hosting Account Fees: The Client is responsible for maintaining a current hosting account and paying associated hosting fees.
  2. Domain Name Fees: The Client is responsible for maintaining a current domain name registration and paying associated domain name fees.
  3. Third-Party Plugins or apps: The Client is responsible for maintaining third-party plugin subscriptions and paying fees associated with the third-party plugins or services not covered by this agreement.

2.3. Additional Hours: Any hours spent on website updates that are not included in the membership plan will be billed separately at a rate of $70 per hour.

2.4 Requesting Updates: Update requests or technical error reports, must be done in writing through email to maggie@websitedesign.plus or by using our ticket system at https://websitedesign.plus/updates.

  1. Payment

3.1. Fees: The Client agrees to pay the agreed-upon monthly fee of $250.

3.2. Invoicing: Invoices for the Website Care Membership fees will be issued on the first day of every month.

3.3. Automatic Billing: To facilitate timely payments, a credit card or bank payment method must be saved on file with the Service Provider for automatic billing of the Website Care Membership fees.

3.4. Additional Hourly Work: Any hours spent on website updates that are not included in the plan will be calculated and billed on the first day of the following month.

3.5. Payment Terms: Service provider will share an invoice outlining the additional work. The Client has 7 days to review the invoice to address any concerns. After 7 days from issuing the invoice, the payment will automatically be applied to the invoice.

Clients are responsible for ensuring that their payment information is kept up to date, and they authorize the Service Provider to automatically bill the Website Care Membership fees using the saved payment method.

  1. Term and Termination

4.1. Term: The term of this agreement begins on the date the Website Care Membership services commence for a minimum of three months. After three months, the membership continues on a month-to-month basis.

4.2. Termination: Either party may terminate this agreement by providing written notice to the other party at least 14 days before the enxt billing cycle. Upon termination, the Client will be responsible for any outstanding payments for Membership Services rendered.

4.3. Data Retention: Upon termination, the Service Provider will not retain a copy of the website. It is the Client's responsibility to ensure they have their own backup copies of the website for their records.

  1. Intellectual Property

5.1. Client Content: The Client retains all intellectual property rights to content provided for the website. The Service Provider does not claim ownership of the Client's website or its content.

  1. Confidentiality

6.1. Confidentiality: Both parties agree to keep all confidential information received from the other party confidential and to use it only for the purpose of providing or receiving the Maintenance Services.

  1. Liability

7.1. Limitation of Liability: The Service Provider's liability for any damages arising from the Maintenance Services is limited to the amount paid by the Client for the specific Maintenance Services in question.

  1. Governing Law

8.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Arizona.

  1. Changes to Terms

9.1. Changes: The Service Provider reserves the right to modify these Terms at any time. Any changes will be communicated to the Client in writing.

  1. Entire Agreement

10.1. Entire Agreement: These Terms constitute the entire agreement between the parties and supersede any prior agreements, understandings, or representations.

By using our Website Care Membership services, you acknowledge that you have read, understood, and agree to these Terms. If you have any questions or concerns, please contact Maggie at maggie@websitedesign.plus.

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