Managed WordPress Subscription Terms and Conditions
1. This Agreement (“Agreement”) is entered into by StationVI Consulting (“web host”), whose principal place of business is located in Irvine, CA 92620, and the subscriber of these managed hosting services (“Client”)
2. Client desires to engage web host for monthly managed web hosting services, as described in the specific subscription package chosen.
3. The parties hereby agree to the following terms and conditions: TERMS AND CONDITIONS
4. Services.
Client retains web host and maintain a website on a monthly basis (“subscription”). The scope of the maintenance of the website is limited to site availability, performance and security, based on the specific subscription package purchased (described in a separate quote). The hosting and maintenance contract does not include maintenance of specific design or content of the website. Modifications to the visual design and function of the website will be billed separately, and are not covered in this agreement.
5. Website Backup.
Web host will maintain nightly backups of the site, and can restore these backups in the event of a system or software failure on the website. Web host cannot guarantee restoration of content changed between the last successful backup and a system failure. Client should contact the web host to perform a site backup before significant changes are made to the site.
6. Site Function and Features
Web host will provide a management panel for the server side configuration of the website upon request. Web host will provide basic functional support for the panel and its functions. Support for specific website content or function built by the client will be billed at an hourly rate, separate from this agreement.
7. Content Ownership.
Client owns all content and intellectual property contained on the website hosted in this agreement. Web host is given administrative access to the website, but does not assume ownership of the content in any way.
8. Failure to Perform.
If the web host cannot perform this Agreement in whole or in part due to a fire or other casualty, strike, act of God, nature, terror, or other causes beyond the control of the parties, or due to the web host’s illness or injury, then the web host shall return the remainder of subscription funds paid to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that hosting infrastructure is damaged or otherwise lost without fault on the part of the web host. In the event the web host fails to perform for any other reason, the web host shall not be liable for any amount in excess of the retainers or payments made by Client. The return of monies paid under these circumstances may be made as installments when web host is unable to repay the entire amount as a lump sum.
9. Attorneys’ Fees.
If either party brings any legal action regarding any provision of this agreement against the other, the prevailing party in the litigation shall be entitled to recover reasonable attorneys’ fees and costs from the other party, in addition to any other relief that may be granted. This provision applies to the entire agreement.
10. Governing Law.
This Agreement shall be governed and interpreted in accordance with the laws of the State of California.
11. Severability.
Should any portion of this Agreement be found to be invalid or unlawful, the remainder of the Agreement shall continue to be enforceable.
12. Integration.
The parties’ entire understanding is set forth in this Agreement. Any prior or contemporaneous promises or understandings are superseded by the terms of this agreement. This Agreement may only be amended or altered by another written agreement executed by both parties.