Monthly Maintenance Agreement
This agreement is by and between “Client,” and INTERSELLER, INC hereafter “InterSeller.”
Client is contracting InterSeller as a provider of web site maintenance services. Services not considered ‘standard website maintenance’ are subject to be charged at a regular hourly rate, and will not be considered part of this contract.
Included in Agreement
- Edit, revise, update or create new textual and graphic content on new or existing pages based on Client request
- Consultation, training and guidance on the use of the web site
- Assist in the creation of marketing materials such as custom email or banner advertisements. Materials must be based on current site design only; new site designs are not included in this contract
- Modifications to site including plugins, widgets, themes, custom PHP
- 3rd party interaction & teleconference time (such as domain name registrars, hosting services, previous developers, etc)
Excluded from Agreement
- Complete site redesign, re-alignment or re-development of corporate image
- Content Management System theme design or integration including but not limited to blogs, shopping carts and web forums. These require a separate design agreement.
Total Agreement & Duration
INTERSELLER shall provide Client with updates to the CLIENT web site for the duration of monthly service payment delivered by Client via automatic subscription payment. While contracted, Client agrees that InterSeller will be the sole provider of maintenance services for the web site, and no other party, with the exception of client personnel, will have access to or rights to change the web site. If a party other than the InterSeller makes changes to the web site, any errors that are created that must be repaired will be charged for at the regular hourly rates.
Client agrees to compensate InterSeller each month by automated credit card deduction (PayPal system) for the amount specified in the retainer options agreed to with Client. Monthly retainer is on a use-it-or-lose-it basis and may not be accrued from previous months, or ‘borrowed’ from future months unless prior written permission agreed upon. If Client exceeds the retained hours in a given month, InterSeller will create a supplemental bill to Client at the same reduced hourly rate agreed upon. Client may terminate subscription payment at any time, but is still responsible for any works-in-progress.
In the event Client fails to adhere to the schedule of payment referenced by the deadline set forth, InterSeller retains the rights, but is not obligated to pursue any or all of the following remedies:
- Terminate the Agreement
- Immediately stop all works-in-progress or remove unpaid for material
- Bring legal action
Any revisions, additions or redesign Client requests InterSeller to perform that is not specified in this document shall be considered “additional” and may require separate agreement and payment. InterSeller shall advise Client on any requested work that falls within these bounds.
Client hereby authorizes InterSeller to access their web hosting account, providing active user name / password combinations for access to the server via FTP, assuring that ‘write permissions’ are in place on said hosting provider.
Client may cancel this website maintenance agreement at any time, by providing one month’s written notice, provided that payment is up-to-date. A pro-rata refund will be given for any unused period of the advance payments. InterSeller reserves the right cancel this website maintenance agreement at any time, for any reason, without prior notification and will provide a cancellation notice either electronically or in writing sent to the address of record.
Client and InterSeller are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither Client nor InterSeller has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other. This Agreement shall be governed by and construed in accordance with the laws of California, applicable therein.