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Website Maintenance Agreement

This Agreement is between you (the “Client”) and Nora Kramer Designs and applies to all Monthly Website Maintenance Services (“Maintenance Services”) ordered by Client.

Term & Termination

This Agreement is effective upon signup. Either party may terminate with 30 days’ written notice if the other materially breaches and fails to cure within 30 days. If your Maintenance Plan does not include hosting with us, you must provide full cPanel/control panel access. The free SSL in our plans applies only to sites hosted with us. Nora Kramer Designs may terminate immediately for non-payment, lack of cooperation, or revoked/changed access that prevents us from performing services.

Maintenance Services

Services are based on the plan purchased and may include:

  • WordPress core, plugin, and theme updates (as appropriate)*
  • Cloud backups (daily/weekly/monthly per plan)*
  • Backup restores as needed*
  • Uptime monitoring and security scans (if included)*
  • Minor content edits (text/images) if your plan includes task time
  • Support beyond plan scope is billed at $149/hour

*Performed throughout the month and documented in your monthly report. Updates are applied when stable/appropriate. Minor updates do not include landing page creation, new sections or pages, SEO services, malware removal, consulting, or comparable larger work.

WooCommerce

If you run WooCommerce but are not on our WooCommerce Maintenance & Support Plan, we are not responsible for store maintenance/support or conflicts related to WooCommerce or its extensions. Enrollment in the WooCommerce plan is strongly recommended.

Limitations for WooCommerce Clients

We are not responsible for security breaches, payment processing issues, processor fees, data loss, or downtime related to WooCommerce or third-party integrations.

Malware, Spam, or Malicious Code

Removal is not included. If you’re an active maintenance client at the time of infection, we can quote removal. Pre-existing infections at signup are quoted separately. Typical remediation may include cleaning, investigation, code removal, blacklist requests, reporting, and hardening recommendations.

Fees, Refunds & Cancellations

Fees are due before services begin. All payments are non-refundable. Upon cancellation, Client must pay any amounts due for overage or approved work beyond plan allotments. Client authorizes Nora Kramer Designs to charge the payment method on file for amounts owed.

Client Responsibilities

Client agrees to:

  • Provide clear change requests and timely answers to questions
  • Provide necessary site access and hosting/FTP credentials with write permissions
  • Maintain accurate contact and billing information

Client Acknowledgements

  • Time for minor updates is per plan and billed in 30-minute increments; batching requests is recommended.
  • Work is scheduled within our workflow; outage emergencies take priority.
  • If a critical question goes unanswered for 5 business days, the task may be rescheduled and could roll into the next month.
  • When monthly time is used, remaining tasks roll to the next month unless you approve paid overage.
  • Plans without update time are billed at the current hourly rate for changes.
  • We are not your IT helpdesk (e.g., local email/computer issues) and do not control third-party hosts if you host elsewhere.
  • Website updates exclude image/graphic design, database/programming work, malware/blacklist cleanup, SEO, redesigns, new pages/sections, or work exceeding a minor change.
  • Complex builds/integrations (e.g., shops, memberships, APIs) are outside “minor updates” and require separate agreements.
  • Training (WordPress, email, SEO/digital marketing) is not included.
  • Search engines control their own policies; inclusion is not guaranteed.
  • Additional typing/formatting beyond plan time may incur fees; please send copy in paste-ready format.
  • If Client-provided instructions are incorrect, fixes use plan time.
  • Unused update time does not roll over month to month.
  • We are not responsible for changes made by others (including Client) or third-party plugins that become unusable due to updates.
  • We will not repair pre-existing compromises without an approved, separate charge; recovery/backup availability is not guaranteed.

Scheduling of Maintenance Tasks
We pre-schedule monthly workloads to be fair to all clients. We may “bump” only for true emergencies (e.g., an eCommerce checkout outage or site down). Otherwise, updates are completed within our schedule using your plan’s time allotment.

Additional Services
Work not listed herein (e.g., SEO, new content/copywriting, larger builds) is billed at our then-current hourly rate. SEO requires a separate SEO package.

Indemnification
Client will indemnify and hold harmless Nora Kramer Designs from claims and expenses (including reasonable attorneys’ fees) arising from Client content, infringement claims related to Client-provided materials, or Client’s use of the services, provided we notify Client promptly and cooperate in the defense.

Disclaimer of Warranties
Services are provided “as is.” We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose. If any provision is unlawful or unenforceable, it is severed without affecting the remainder.

Limited Liability
We are not liable for indirect, special, incidental, or consequential damages (including lost profits or data). No refunds. We make no warranty regarding third-party products, content, software, equipment, or hardware.

Client Representations
Client represents it owns or has permission to use all materials provided and that the site was not already compromised at signup, and will hold us harmless from related claims. Client is solely responsible for compliance with applicable e-commerce laws, taxes, and tariffs.

Confidentiality
Each party will keep the other’s confidential information secret and use it only to perform this Agreement. Exceptions apply for public, previously known, independently developed, or legally compelled disclosures. Confidentiality survives for three (3) years post-termination.

Force Majeure
Neither party is liable for delays/failures caused by events beyond reasonable control. The affected party will notify the other and use reasonable efforts to mitigate.

Relationship of Parties
We are an independent contractor, not your employee, partner, or agent.

Notices
Notices must be in writing and delivered personally, by certified/registered/express mail (return receipt), or by recognized courier. Addresses may be updated by written notice.

Governing Law & Dispute Resolution
This Agreement is governed by Florida law. Any dispute not resolved in good faith within ten (10) days shall be submitted to binding arbitration in Hernando County, Florida under the Commercial Arbitration Rules of the American Arbitration Association before a single attorney-arbitrator experienced in technology contracts. The arbitrator may award any relief available to a Florida court except punitive/treble damages. A written decision shall issue within 30 days of submission and be enforceable in any court of competent jurisdiction. Either party may seek temporary or injunctive relief in court.

Assignment; Waiver; Severability
Client may not assign without our prior written consent. No waiver is effective unless in writing. If any provision is unenforceable, the remainder remains in effect.

Read and Understood
By purchasing a Maintenance Package, Client acknowledges they have read, understand, and agree to be bound by this Agreement.

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