Although there are limitations to the guarantees EyeCandy Creative can provide, your satisfaction is very important. EyeCandy Creative strives for your website’s optimal performance and security, however, EyeCandy Creative did not build the WordPress CMS or any of the plugins used on the website. Please read and understand the terms of this agreement before subscribing to this service.
All maintenance agreements require a 12-month commitment that run from January 1 - December 31. Plans renew each calendar year on January 1st unless cancelled by October 31st.
Payment is due on the 1st of each month. Invoices are sent on the 20th of each month for the upcoming month. Payments may be made via check or Quickbooks online. Failure to pay for website maintenance may result in the following actions:
Client agrees that EyeCandy Creative will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the website for the duration of the contract without the express written consent of EyeCandy Creative. Client access is limited to “Editor” level access unless otherwise requested. Any errors, conflicts or issue that arise from client or third-party actions are the responsibility of the client, and resolution efforts are cosidered out of scope.
Website hosting is monitored 24/7 with real-time notifications. EyeCandy Creative will respond to any critical issues within two (2) hours of notification from the monitor service or the client during the hours of 6:00am-10:00pm CST. Hosting and email support is available through the hosting provider, SiteGround, which provides support coverage to our customers 24 hours a day, 7 days a week, including all holidays and weekends.
The Client agrees to manage their own DNS settings or provide EyeCandy Creative access to related domain, hosting or FTP accounts in order to implement and maintain website services. Client may provide login credentials, or issue custom access as available. Any changes or charges to the account must be pre-approved by the Client.
Any services requested by the Client that are not specified in this document, shall be considered “out of scope” and will require separate agreement and payment. The Client must approve all work that falls out of scope prior to work being performed. All additional work will be billed at a rate of $125 per hour. EyeCandy can provide stock photography at a rate of $25-40 per image on approval.
The client may cancel this website maintenance agreement by providing sixty (60) days written notice. A cancellation fee of $500 will apply. This cancellation fee will cover the final two (2) months of your service and delivery of your packaged website files and database. EyeCandy reserves the right cancel this service agreement at any time, for any reason. Client will have thirty (30) days to secure other hosting services. Any advanced payments shall be refunded on a pro-rated basis. Upon cancelletion and fulfillment of any outstanding balances, all packaged website files and database, as well as “admin” access will be provided within three (3) business days.
The Client agrees that it shall not hold EyeCandy or its agents or employees liable for any incidental or consequential damages which arise from EyeCandy’s failure to perform any aspect of the services outlined in this agreement in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions. Further, EyeCandy does not warrant services or products provided by third-parties, including but not limited to hosting and domain services, plug-ins, software and other products or services utilized to support maintenance of the website(s). There is no implied, or assumed guarantee of uninterrupted or error-free service. The entire risk is with client.
In no event will EyeCandy be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of, the inability to operate, or the hosting downtime the website(s) covered in this agreement, even if EyeCandy has been advised of the possibility of such damages. If any provision of this agreement shall 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.
By submitting my name, company name, website address and email address below, I am consenting that I have carefully and thoroughly read the terms and conditions above and I agree to all the terms and conditions;
Located in Nashville, Tennessee, EyeCandy Creative is a design and website development company that specializes in helping startups and small-to-medium size businesses create identities and scale their marketing.
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