Website Maintenance Agreement 1.0

Our website maintenance agreement is an extension of our Website Terms of Service which we encourage you to read. 

Should you find any of the Terms unsuitable for your working requirements, please discuss this with us and we will be happy to discuss and issue an amendment.

 

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The parties named in the Agreement section below agree to the following:

Please click on each heading to expand and reveal each section.

This agreement is subject to our general Terms of Service (“ToS”) available to view hereWhere two terms, clauses or definitions clash, this agreement will override the ToS. 

The words in both agreements have their natural meaning unless otherwise specified.

The pricing plans listed here form a quote for a fixed set of tools and services (“Work”) to be performed on the nominated website at the end of this Agreement (“Website”).

The Work commences and is billed on a monthly cycle, automatically renewing unless terminated (see Termination). The cycle begins on the first day of the calendar month, and ends on the last day of the calendar month, unless otherwise agreed between Client and Designer. 

Performance

The Designer shall perform the Work in accordance with the schedule and availability of the Designer. If the Designer or Client are unavailable for a period greater than 10 business days, alternative arrangements shall be made in writing to perform or postpone the Work at a later time, or temporarily suspend any affected cycle/s. 

Allocated Time

When allocated time is specified in a plan, the Designer shall perform agreed tasks between Designer and Client, up to the nominated time. If no tasks have been agreed on, the Designer may use the allocated time to find and perform other tasks that the Designer deems worthy, to go towards maintenance & optimisation of the Website.

Any unused portion of allocated time is forfeited at the end of the cycle, and does not roll over into subsequent months.

Additional Work

If the Designer determines that extra time is required to complete a task beyond any remaining allocated time, or deems any given task outside of the scope of Work, it shall be deemed as Additional Work and a seperate quote will be delivered to & approved by the Client. As an example, Additional Work may include (and is not limited to): conceptual design changes, development of additional functions or features, production of illustrations / video / photography.

Invoices for Work shall be issued at the start of each cycle. Invoices for any Additional Work may be issued ad-hoc and in advance, depending on the nature and complexity of that work. 

All invoices are payable within 14 days of issue. The Designer may suspend or terminate any Work performed until outstanding invoices are paid.

Modifications

The Designer reserves the right to add to, remove, modify, or terminate plans (or the Work items within plans) at any time, eg. making price adjustments to reflect changes in the Consumer Price Index. Changes shall apply to subsequent cycles after the change is made. 

Where possible, the Designer shall endeavour to notify the Client in advance of substantial plan changes, via the nominated email address at the end of this Agreement. The Client may also consult this information page for latest information.

Plan Switches

The Client is entitled to switch plans once per cycle. Plan changes must be made in writing to the Designer. The plan change will come into effect at the beginning of the next cycle.

In certain situations, partial or full Website unavailability (“Downtime”) is unavoidable. The Designer shall endeavour to minimise this disruption as much as possible. The Designer shall not be held liable for any loss or repercussions caused by downtime.

If the Client is running any campaign on the Website likely to be impacted by downtime, or is expecting a large spike in visitors to the Website for any reason, the Client shall endeavour to notify the Designer in writing, with at least 72 hours notice, to allow the Designer to work around the situation.

In the course of conducting Work or Additional Work, the Designer may deem a particular issue as unresolvable – for example if the cause of the issue cannot be determined, or an adequate solution cannot be implemented. 

The Designer shall identify such detected unresolvable issues in writing to the Client, so they can be re-examined at a later point. Though the Designer makes no guarantee that a given issue is resolvable, the Designer shall endeavour to find a resolution where practicable.

Our plans may include the provision of statistics, analysis and advice (“Reports”), alongside which certain goals and objectives (“Targets”) may be decided on between the Client and Designer, to improve aspects of the Website.

For example, targets may include improvement of website speed or performance, or creation of an SEO strategy to improve search engine visibility.

While the Designer endeavours to achieve best results for a given target, the Client acknowledges the following:

  • Reported statistics are subject to the quality and accuracy of the tool generating them, and can also fluctuate over any period of time;
  • Outside actions or influences beyond the Website can impact the reported statistics in a report;
  • For these reasons, is almost impossible to produce a perfect result or 100% score for any target – such scores are not guaranteed by the Designer;
  • The Designer is not obligated to act on any part of the report, unless agreed to between Client and Designer;
  • The Designer is not responsible for any loss or repercussions as a result of anyone following, misinterpreting, or ignoring the contents of a report.

Premium plugin suite

Our premium plugin offering (“Tools”) is only available for WordPress websites, and require licences and activations to operate. Such licences are paid for by the Designer, and granted to the Client, at the Designer’s discretion. Any granted licences are non-transferrable outside of the Website.

The Designer may change any aspect of this offering at any time, and may suspend or revoke any granted licences or activations, at the Designer’s discretion, with or without notice. The tools also contain a privacy policywhich the Client may wish to refer to within their privacy policy statement.

The Client acknowledges that:

  • Certain tools and features may be active, or inactive, depending on the individual circumstances of the Client and their Website;
  • Certain features (eg Analytics monitoring) cannot function without the Client providing an active Google Account to associate services with;
  • In the event of licence termination, the tools may continue functioning, but may cease to continue receiving updates, and any related API access may be lost (the Client has the option to renew with a separately purchased licence, to resume full functionality.)

In addition, the Designer may also install other plugins as required, to assist with management or operation of the website.

All tools and plugins carry their own terms of use, privacy policies, and warranties as specified in each of their README files or parent websites. The Designer is not responsible for any loss or repercussions, caused by the use or misuse of any tools or plugins.

Either party may terminate this Agreement without reason, by giving 14 days written notice.

Any allocated time is forfeited upon termination.

Any fees or invoices owed by the Client must be paid to Designer upon termination of this Agreement.

SEO and Copywriting

While the Designer may perform on-page SEO tasks throughout the course of conducting Work or Additional Work, the Designer shall not perform the following tasks:

  • Off-page SEO (including keyword research, ranking campaigns, AdWords or social media management, or other off-page management tasks)
  • Copywriting (any written content must be supplied by the Client or another third party).

The Designer may assist the Client to find a suitable provider for such services, upon request.

Modifications

If any Work or Additional Work is modified, undone, or deleted by the Client or a third party, the Designer shall not be held liable for any subsequent loss or repercussions. The Designer is entitled to quote additional time to rectify the situation.

Subcontracting

The Designer reserves the right to hire any subcontractors as necessary, to assist in the completion and delivery of Work or Additional Work. The Client must inform the Designer in writing if this arrangement is unsuitable.

Severance
If any term of this Agreement is found to be unenforceable for any reason, that term shall be rendered severable from this Agreement, and any remaining terms shall remain valid.

Transferability

This Agreement cannot be transferred to another party, without permission of the Designer. 

Agreement

between

Chris Drabsch & Gianna Grbich, Partners at Drawcard (“The Designer”)

and 

Please select your desired maintenance plan below:

Click here to look up your ABN.

Additional information is submitted via this form to us, including: IP Address, date and time of submission, browser information, and the page where you signed the form. Our system will send you a receipt to acknowledge your signature, however we also suggest archiving a copy of this page for your records.