Please review the terms of our Website Maintenance Agreement and if you agree to these terms, check the approval box at the bottom and click the submit button. By submitting this form you are agreeing to the terms of this Website Maintenance Agreement.
1. Authorization.
The below-named Client is engaging Pixel Lunch LLC, located at 4215 Bell St. Kansas City, MO 64111 for the specific project of maintaining a custom website that is currently installed on the Client's web space on a web hosting service's computer. The Client hereby authorizes Pixel Lunch LLC to access this account, and authorizes the web hosting service to provide Pixel Lunch LLC with "write permission" for the Client's webpage directory and any other directories or programs which need to be accessed for this project.
2. Maintenance Agreement.
Pixel Lunch LLC includes the following elements in our Maintenance Agreement:
- Content changes to web pages. Updates to content of the web pages will be supplied by the Client and executed as specified by the Client.
- Addition of pages to website.
- Addition of images to website.
- Update or addition of links or navigation.
- Updating Wordpress installations. (if applicable)
- Updating Wordpress plugins. (if applicable)
- Updating Wordpress themes. (if applicable)
- Troubleshooting website errors or bugs.
All website maintenance will be billed at Pixel Lunch LLC's hourly rate of $160.00/hour and rounded up to the quarter hour unless a previous amount has been agreed upon in a past contract.
3. Additional Work.
Additional work authorized by Client for services such as general internet orientation or education, web page design, graphic design, and editing photos or graphics will be billed at Pixel Lunch LLC's hourly rate of $160.00/hour and rounded up to the quarter hour unless a previous amount has been agreed upon in a past contract.
4. Third Party Repairs
If the Client or an agent other than Pixel Lunch LLC attempts updating the Client's pages, time to repair web pages will be assessed at Pixel Lunch LLC's standard hourly rate. Changes made by any agent other than Pixel Lunch LLC may not be recovered if repair is needed.
5. Changes to Submitted Text.
Please send us your final text. Time required making substantive changes (more than 20 words or 10% of the text) to Client-submitted text after the web pages have been constructed will be assessed at Pixel Lunch LLC's standard hourly rate.
6. Payment of Fees.
Invoices for maintenance contracts will be sent out monthly or quarterly (based on your selection) by email on or about the 1st of the month, with full payment due at that time.
7. Limitation of Liability
While complete customer satisfaction is desired, Pixel Lunch LLC does not warrant that the functions contained in these web pages or the website will meet the Client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the Client. In no event will Pixel Lunch LLC be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Pixel Lunch LLC has been advised of the possibility of such damages. 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.
- In no event will Pixel Lunch LLC be liable for any loss of data that may occur, regardless of the cause of such loss of data. The total liability of Pixel Lunch LLC for all claims of any kind arising as a result of or related to this agreement, or to any act or omission of Pixel Lunch LLC, whether in contract, tort or otherwise, will not exceed an amount equal to the amount actually paid by Client to Pixel Lunch LLC for the website maintenance services during a one (1) month period preceding the date the claim arises.
- Client acknowledges that no computer system or software can be made completely stable or secure, and that Pixel Lunch LLC cannot guarantee the stability, safety or security of Client's network or data. Client is solely responsible for implementing and monitoring appropriate operational and security procedures, and for making appropriate backup copies of all website data and software.
- Client understands that online form submissions can occasionally be blocked by Client software, firewalls, email filters, spam filters, and other applications used by Client. Developer is not liable for missing, deleted, or blocked online form notifications.
8. Website Conflicts
Occasionally, specific types of maintenance may create a conflict within a Client website. In the event of a conflict, Pixel Lunch LLC will aim to troubleshoot and correct the issue to the best of its ability but makes no guarantee to restore the website to its original format. In no event will Pixel Lunch LLC be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website because of a conflict caused by a maintenance upgrade or request, even if Pixel Lunch LLC has been advised of the possibility of such damages.
9. Copyrights and Trademarks.
The Client represents to Pixel Lunch LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Pixel Lunch LLC 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, protect, and defend Pixel Lunch LLC from any claim or suit arising from the use of such elements furnished by the Client.
10. Sole Agreement.
This Website Maintenance Agreement constitutes the sole agreement between Pixel Lunch LLC and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored after Client submits this contract. Continued services will require a new agreement in the event Pixel Lunch LLC chooses to raise prices.
11. Maintenance Terms.
This program holds no monthly commitment and can be cancelled by Client at any time. If cancelled, services already rendered will immediately be due. Client must submit request to cancel the maintenance agreement by email and acknowledges that Pixel Lunch LLC will no longer update or maintain Client website past the date of agreement cancellation.
