Last updated April 9, 2018
Between “us” [NGNG Enterprises, Inc.] and “you” :
We will always do our best to fulfill your needs and meet your goals; however, sometimes it is best to have a few simple things written down so we both know what is what, who should do what, and what happens if something goes wrong. In this contract you will not find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing an agreement you might later regret. We do want what’s best for both parties, now and in the future.
You are hiring NGNG Enterprises, Inc. as an independent contractor to perform a monthly WordPress maintenance service.
This includes but is not limited to:
- Monthly security scans of all site files / plugins / themes (but usually done weekly)
- Monthly security updates of all WordPress core releases, themes, and plugins (but usually done weekly)
- Backups made before and after site updates for easy, near instant rollback should something conflict
- Daily backups of the entire site, stored in a secure environment
- Premium security plugin installed and configured to secure the most common site loopholes from hackers
- In the rare case a hacker does get through these measures (they’re sneaky buggers): no charge for up to two hours of cleaning and re-securing the site, and a reduced hourly rate of $100/hr if the cleanup takes more than 2 hours
This service does not include:
- Updates to content, such as blog posts or page text / images, or loading products in your store
- Additional design or functionality, such as sign-up forms or adding a new site section
- Troubleshooting email issues that may or may not be related to your site
- These services (and more!) are still available – just not as a part of this package. Get in touch if you have additions or other updates in mind for your website!
We will upgrade your website each month on the 15th day. We will supply a confirmation email to you the date after your upgrades are performed so you are comforted knowing the work that has been performed.
This is a month-to-month service with no long-term or forced commitments, and no hidden fees if you choose to cancel. See below for our cancellation policy.
What do both parties agree to do?
As our client, you have the power, and ability, to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including WordPress login information, likely website hosting login information, updated passwords if yours are changes, and anything else needed to perform your upgrades and backups monthly. Deadlines work two ways, so we both will be bound by any dates we set together and encourage you to act swiftly on anything we need so we can get started more quickly. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need, and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all deadlines; however, we are not responsible for a missed upgrade date or deadline if you have been late in supplying information to us.
We are not able to guarantee the functions or outcome of your WordPress website and therefore you agree we will not be held liable to you, or any third party, for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to get results with your website and any other web pages or lead generation sources, even if you have advised us of the possibilities of such damages. If your website gets hacked, and/or you experience a data breach or loss of data, and/or malicious malware code is detected, we will not be held responsible nor liable in any way. By entering into this agreement you agree that this service is merely one option of several action steps you can take to secure your website and ensure it continues to operate as a fully functional business tool. You agree that you are fully responsible for the security and well-being of your website, and all data (including your customer data) that is contained within it or connected outside of it.
If any provision of this agreement is determined to 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.
You agree that the materials, information, and results provided by us is provided “as is”, and we do not make any representations or extend any warranties of any kind, either express or implied, and any warranty of safety, accuracy, utility or fitness for a particular purpose or non-infringement are disclaimed.
In order to fully service your website, you grant us complete access and permission to access your WordPress website, website hosting services, and all files that make up your website. You also grant us permission to add “write permissions” to all directories of your website hosting account so that we may properly upgrade your website.
We are not responsible or liable for your content or websites in any way. You will continue to own full rights to your content and website.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to any testimony you offer as part of our portfolio, and to write about the project on web sites, in magazine articles and in books.
We are sure you will want to stay friends, and you therefore agree to stick tight to the following payment schedule.
Total monthly cost for this service is outlined on our sales page. You may have a reduced rate which was offered to early adopters.
Customers may not combine their website(s) with other customers to take advantage of bulk discount pricing.
Your payment will be due up front to start the service with subsequent equal payments auto-billed each month you decide to continue with this service. Your monthly payment will cover the full month ahead for the monthly WordPress upgrade service.
If your payment is declined, our billing department will make two additional attempts before your account is placed on hold. In the event of non-payment, all services will stop until payment is resumed. To update your billing information with us, please contact us directly at firstname.lastname@example.org.
You may cancel the service at anytime. You are solely responsible for cancelling service prior to your next billing period. All requests to cancel must be made by emailing email@example.com with your reason for cancellation.
If you cancel mid-cycle, we will continue our upgrade service for the duration of that monthly cycle; however, we will not provide pro-rated refunds. Once that month’s cycle ends, no further invoices nor upgrades and backups will be made for subsequent months.
If your service has auto-billed for an additional month, and you had not submitted formal notice of cancellation through the required steps above, then we will continue content delivery through the duration of that monthly cycle and no refund will be offered.
Once service is cancelled you release us from any responsibility/liability related to your website and its data, past and present and future.
14-Day Money Back Guarantee
We want you to be as confident as we are, and our existing customers are, that you will love our service. But just in case you have any lingering doubts, we want to make your decision foolproof. If at anytime in the first 14 days of service you are not completely satisfied, you can submit a contact request to our team at firstname.lastname@example.org and we will promptly refund your first month’s investment.
Changes to this Policy
NGNG Enterprises reserves the right to change this policy and our pricing at any time. Please check this page periodically for changes. The newest and most recent terms will override all previous terms and by ordering you agree to accept future terms. Your continued use of our service following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
Information Non-Disclosure Guarantee
We will never sell, rent, give, share or otherwise disclose to any third party any information that you may provide to me about you, your business, your website or your methods and procedures, without your knowledge or consent.
But where is all the horrible small print?
Although the language is simple, the intentions of this document are serious. Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If we run into any disputes regarding this project, we both agree to address those disputes in Weld County, Colorado. The terms ‘”we,” “us” and “our” always refers to NGNG Enterprises, Inc. and the terms “you” and “your” always refers to you.
NGNG Enterprises Inc
PO Box 237
Firestone, CO 80520