This Website Maintenance Agreement (“Agreement”) is hereby entered into between you, your employees and agents (collectively “Client”) and applies to the purchase of all monthly website maintenance services (hereinafter collectively referred to as “Web Maintenance Services”) ordered by Client.

Term and Termination

This Agreement shall be effective as of the time frame Client signs up for Maintenance Services. This Agreement may be terminated by either party upon 30 day written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by MissYano immediately if (i) Client fails to pay any fees hereunder; or (ii) if Client fails to cooperate with MissYano or hinders MissYano ability to perform the Maintenance Services hereunder.

Valid only for those services that are managed by MissYano

Customers, who will be referred to from this point forward as “Clients,” have the right to expect a certain level of service from MissYano, who is committed to delivering exceptional service to each and every Client. It is not MissYano’s responsibility to inform Clients about the Web Maintenance Agreement, as it is the responsibility of the Client to be aware of the Web Maintenance Agreement. The Web Maintenance Agreement that is included in this agreement is only valid for those services that are managed by MissYano. It does not apply to any previous hosting services provided by third parties or to any other third-party licensed products that are outside of MissYano’s control.

Client Responsibilities

For the purposes of providing these services, Client agrees:

  1. To back up the data and contact MissYano to take the appropriate measures if hosting service was not purchased from MissYano.
  2. To provide complete information regarding the nature of the problem, including any information reasonably necessary for diagnosis and correction via opening a case in the Ticketing System. However, at MissYano’s sole discretion, MissYano may help to open a case for Client, and Client will provide all information required in the preceding sentence to the support representative.
  3. To provide MissYano with accurate and complete designated points of contact, using a web form provided by MissYano.
  4. To provide MissYano with accurate passwords for access.
  5. Will not make any changes during inspection, maintenance or troubleshooting.

Client Acknowledgements

Client understands, acknowledges and agrees that:

  1. Any delays or failures caused by Client’s failure to abide by the requirements listed in this clause do not constitute Failures.
  2. Support does not covers if Client’s account is under free trial, cancelled, past due, suspended, or pending suspension. Requesting for support under these circumstances will be charged by hourly rate.

Maintenance Services

MissYano agrees to provide Client with Maintenance Services as described in this Agreement. Maintenance Services include:

  • Updates to Client’s content management system, including plugins and themes.*
  • Cloud backup of website on a daily, weekly, or monthly basis, depending on Maintenance Package purchased.*
  • Recovery of website files from backups.*
  • Uptime monitoring (if included in package purchased).*
  • Regular security scans (if included in package purchased).*
  • Updates to text, images, and other minor changes to Client’s website pages. The amount of time dedicated towards these tasks each month will be determined by the Maintenance Package purchased by Client at the time of signup.
  • Any website support requests, above and beyond what is outlined in package, or WordPress questions requiring a response by MissYano will count towards the additional time.

Type of maintenance: Preventive. Which involves performing updates in order to lower the likelihood of a plugin, software, or application failing to function properly. It is the Client’s responsibility to perform maintenance for as long as they have a need for the existing components to function. The purpose of maintenance is to ensure that existing elements remain in good condition. During maintenance, Client should not make any changes.

Maintenance does not cover the following:

  1. Creating new graphics, not unless it is included in the maintenance plan.
  2. Adding custom coding onto plugin/theme default settings.
  3. Database design or programming related.
  4. Search engine optimization or other online digital marketing.
  5. Fixing issues arise from client makes unapproved alterations.
  6. Fixing problems that are caused by other users besides MissYano.
  7. Fixing issues from clients’ refusal to adhere to the instructions that MissYano have provided them with.
  8. Making any additional changes based on changes made by theme or plugin developers.
  9. Fixing issues that have arisen as a result of server upgrades and maintenance.

Exceptions

The following points described below do not constitute FAILURES:

  1. Downtime during scheduled maintenance or Emergency Maintenance. “Emergency Maintenance” refers to any corrective action intended to remedy conditions likely to cause severe service degradation, as designated by MissYano at its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. MissYano will exercise reasonable efforts to inform Client in advance before interrupting the service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute FAILURE.
  2. Outages and errors caused by acts or omissions of Client, including by any use, applications, softwares, equipment, or facilities, or by user of the service authorised by Client.
  3. Outages caused by Client refusal to adhere to the recommended procedure or process by MissYano.
  4. Outages caused by hackers, sabotage, viruses, worms, or other third-party malware and wrongful actions.
  5. Outages resulting from DNS issues, internet anomalies, fires, explosions, or force majeure outside of MissYano control.

Read and Understood

By purchasing a Maintenance Package, Client acknowledges that they have read and understand this Agreement and agree to be bound by its terms and conditions.