Technical Support Contract
As of 5-9-19. Review your signed and retained contract for applicable details.
We are glad you have considered re•kreate brand agency for your technical support needs. In this con- tract you won’t find complicated legal terms. We have outlined the basics of our services – the things you need and can count on in our technical support. This contractual agreement is for “technical support”, services not considered “technical support” are subject to be charged at a regular hourly rate of $50/hour, and will not be considered part of this contract.
You,__________, are purchasing website hosting and related products from us, re•kreate software solutions LLC, located at 602 Florence Ave, Columbia, MO 65203, for the total price of . Of course it’s a little more complicated, but we’ll get to that.
These services will be rendered during the following time: ________. At the completion of this agreement, you will have the choice to renew or discontinue this agreement. Automatic renewals are not provided. Without renewal and full payment, services are discontinued at said date.
What Is Included in this Agreement
• We ensure that any “bug fixes” that arise within the agreement period will be covered in full. A “bug fix” may be constituted as any visual or functionality related problem that deviates from the originally built website design or functionality due to Browser, plugin, or other issues. This does not cover redesigns, new functionality or “additions” (defined below).
• We will update your website to maintain it’s visual and/or functionality on the originally agreed upon website browsers (e.g. Google Chrome, Mozilla Firefox, Internet Explorer, etc.). Please refer to your original contract for the agreed upon compatible browsers.
• All third-party plug-ins used on the WordPress backend will be maintained and updated monthly.
NOTE: All “bug fixes” must be submitted via email with the subject line of the mail listed as “BUG FIX: Brief Description of Fix” to the following address: email@example.com. You, the Client, are responsible for communicating any errors you see. Please allow for 7-10 business days for bugs to be addressed unless deemed “hazardous” to customer experience / website functionality in which case we will address the bugs as quickly as humanly possible (generally within the business day).
What Is Not Included in This Agreement
• Web site redesign, re-alignment, re-development, or “additions” of any kind. An addition would be anything that is outside of the originally built website design or functionality, both on the front- end and backend, WordPress development.
• Search engine optimization (SEO) services
• WordPress design or integration including but not limited to blogs, shopping carts and web forums.
These require a separate agreement and would constitute a new website project to add to your current project.
More Ground Rules for our Agreement
Technical support updates should not exceed more than 50% of the content on any single site page. Support should not exceed 10 hours in a month. We maintain these figures and they are based on actual labor required to maintain the website. Monthly third-party plug-in updates are not included in these hours. Time note used during the agreement period is not transferable or able to be used for “additions” as defined above. However, bug fix issues that exceed this monthly amount may be assessed on a case-by-case basis to find a way to utilize the current agreement. Communications will be given surrounding these special cases. These are extremely rare.
Our team will respond to all maintenance requests from you within 5 hours on weekdays and 8 hours on weekends, via email or phone, with a confirmation that the request was received, and an estimated completion date for each action item in the request. Maintenance requests received after 3:00pm CST may not be completed until the next business day unless prior arrangements have been made.
Our team will adhere to all quoted deadlines for the deliverables in the technical support requests at all possible costs. In the event that we have any issues in delivering on a quoted deadline, you will be notified via email or telephone the reasoning for any change.
During the duration of this contract, you agree that the re•kreate team will be the sole provider of technical support for the web site, and no other party will have access to or rights to change the web site. You agree to keep us in the loop on any major changes you’re making internally, and to guarantee our access to the website. If a party other than re•kreate makes changes to the website, any errors that are created that require repair will be charged for at the hourly rate specified above.
Under no circumstances, including negligence, shall re•kreate, or any of our affiliates involved in the maintenance of the website, be liable for any direct, indirect, incidental, special or con- sequential damages that result from the use of or inability to use our services; or that results from mistakes, omissions, interruptions, deletion of any content on the website.
If Our Agreement Must Be Terminated
You may cancel this website maintenance agreement at any time. However, no pro-rated refund will be given for any unused period of the advance payment.
re•kreate reserves the right cancel this website maintenance agreement at any time, for any reason, without prior notification and will provide a cancellation notice either electronically or in writing sent to the address of record. In this event, we will provide a pro-rated refund on the remaining agreement timeline and balance.
Legalities to Appease Uncle Sam
re•kreate is an independent party and nothing in this agreement shall constitute our party as your employee but rather as an independent contractor. This technical support agreement lines out a retainer fee for specified monthly updates and service for the agreement duration, not direct employment by you.
Payment and Contract Duration Information
The following details are our agreed upon payment schedule and relevant payment information: __________________.
NOTE: The balance of your website hosting services must be paid, in full, on or before the date of renewal or service will not be provided until payment has been made.
The Fine Print
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 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.
If for some reason a check is returned with insufficient funds, we understand – mistakes happen. We reserve the right to add $30 for any fees we may have accrued. Our first route of action, however, is to contact you and simply see what happened. We are sure you understand.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Missouri courts.