TOC – Terms and Conditions

WP Lotus, a service created and managed by Donna Fontenot Cavalier, and hereafter referred to as either “the Company”, provides WordPress Maintenace Plans to keep Clients’ WordPress websites maintained and performing at their best, with regular updates and other services.

WordPress Maintenance Plans are provided on a month-to-month basis, and Clients can cancel at any time. No refund will be given for unused time that has been previously paid for. Payment is made in advance for the upcoming period of time, and if subscription is cancelled prior to the end of the period, the Client will be able to use the services until the end of the period, and no future payments will be charged.

Details provided by the Client during the sign-up process will be used as the point of contact unless otherwise specified.

Authorization:

The Client is engaging the Company as an independent contractor for the specific task of providing regular WordPress maintenance and support. In order to enable fulfillment of this agreement, the Client agrees to provide the Company with access to the following:

FTP access username and password (if this is difficult we can create a new one through the hosting account).

Access to the website’s cPanel (typically provided in the hosting account, and often the same as FTP access info).

WordPress administrator-level username and password.

The Client also agrees to allow the Company to install any plugins into their WordPress website or make other revisions as required in order to provide maintenance and support services.

Official updates and communication with the Client will be made via email.

Backup & Restore Services:

We make secure backups of your entire website on a routine basis (how often and how many depends upon the plan you chose). We back up everything required to restore your website in full. If your site crashes or otherwise needs to be restored, we’ll get it rolled back to a previous version as quickly as possible. Although we cannot guarantee how quickly this will happen (every situation is different and has its own causes and solutions), in most cases we’ll have it restored within 24 hours of request.

Maintenance Services:

In addition to WordPress core and plugin updates as they are released, maintenance and support services are provided to keep your website running and in stable condition. Note that time for maintenance services other than WordPress core software and plugin updates, post-update review, and fixing any bugs or issues that arise after updates, may be considered additional maintenance and taken out of your monthly support time.

Minor tweaks required to keep your website running and looking right (up to the amount of time included in your support plan). These may include (but are not limited to) plugin or theme issues that appear after an update; adjustment of CSS for minor branding changes (color, logo, typography, etc.); troubleshooting and fixing features or functions that stop working inexplicably.

Full review after software updates to find and fix bugs or new issues. As the Client will typically be more familiar with the detailed workings of each site, the Client should notify the Company. of any new bugs, issues, or problems requiring maintenance during the course of this agreement.

The Company will provide support for a website’s existing plugins until such time as they are no longer supported by the plugin author or compatible with any other part of the WordPress environment. In these cases, the Company will endeavor to find and install suitable free replacements for these plugins (time to do so will be taken from Client’s support plan time). Any premium paid plugins must be approved by the Client and paid for by the Client.

Bug-fixing as it arises. It is understood that in some cases, due to the changing nature of the Internet, things may not work or look identically to how they did prior to maintenance or bug-fixing. As long as there is no usability or accessibility issue created, the bug or maintenance issue shall be considered resolved. That said, the Company will always do our best to keep your website working and looking as great as possible.

WordPress core, WordPress plugins, frameworks, and themes are kept current with the latest stable version EXCEPT THAT theme updates will not be performed on sites that do not have a stable, properly-coded child theme in place (otherwise, theme customizations will be lost).

Only commercial themes and frameworks that can be uploaded via the theme uploader and updated automatically within the WordPress administration interface are included in the updating service. Themes and frameworks requiring special attention may incur an additional hourly charge (any additional charges must be preapproved by the Client prior to the Company starting work).

Websites must keep all customizations separate from files that are part of recurring software updates. If Client website code is overwritten due to a theme update the Company will not be responsible in any way.

Please note: WordPress Support Plans work best when websites adhere to current web standards, including but not limited to WordPress theme development standards and W3C HTML/CSS validation. Failure to do so makes maintenance and support difficult, and the Company may exercise its right to refuse inclusion of a website in its support plans for this reason.

Uptime Monitoring & Security Services:

24/7 Uptime Monitoring:

The Client and/or the hosting company will be notified by email immediately upon a notification that the Client’s website has gone offline. The Company will work with the host to ensure that site-down issues are resolved and will notify the Client as soon as the site is back online.

Security Scans for Walware:

If there is a malware issue found, the client will be notified and provided with recommendations for malware removal and site recovery.

Our security scans are an “as is” product using third-party tools. As such, we are not responsible for their findings or any malware effect on your site.

Support Services:

The Company provides support for troubleshooting, how-to tutorials, content updates, helping Client communicate with their host as needed, and consulting. Time to provide these services is deducted from the number of support hours provided by a Client’s plan. Unused time does not roll over to the next month.

Support is available through email.

The Company is usually available Monday through Friday, 9 am – 5 pm, Central Standard Time; excluding all federal holidays. Support may be available outside these hours, but such availability is not guaranteed and is not automatically granted or assumed as part of this agreement.

The Company is committed to a two business day turnaround on any task that takes two hours or less (most tasks are accomplished within 24 hours). Rush requests (less than 24 hours) may be accomplished but may incur an additional rush fee.

WordPress Maintenance Plans are offered “as is”, with no implied warranty or guarantee that your website will function exactly as you wish (there are sometimes limitations as to what components work together, what hosting companies will allow, or what requirements 3rd-party components and plugins will have).

If your support issue requires significantly more web development time than is included in your plan, we will quote it as a separate project, outside the WordPress Maintenance Plan. An example would be a website redesign or the addition of significant new functionality.

The Company does not automatically support custom web development by third parties on a Client site. If we agree to work with custom code that is not well-commented, we may require access to the original developer in order to help. It is highly recommended that the Client contact the Company before any web development by others (outside the Company) is initiated so that we can advise the Client on the suitability and potential pitfalls of new development. If the Company is called upon to fix website problems due to additional development by third parties, such fixes may incur an additional hourly charge.

During the duration of this agreement, the Client agrees that no other party will make modifications to Client’s website website database, plugins, or files (other than as needed for regular content management); any non-standard changes to the theme that could result in loss of edits; or any modifications that affect the core or plugins that could result in the loss of edits. If a party other than the Company makes changes to a Client’s website, any errors that are created, that must be repaired, will be done so at Client’s additional expense.

WordPress Maintenance Plans Do Not Include:

Hosting (although we can communicate with your host on your behalf as part of your monthly support time).

Domain management or services (although we can work with your domain management and make changes to your domain settings or services on your behalf as part of your monthly support time).

Website design, website redesign, website development, or website redevelopment. (These projects can be quoted separately.)

Search engine optimization services (although you may use your support time to have us make recommendations based on your SEO reporting).

Non-WordPress websites

Website migrations (although these can be quoted separately).

Anything not explicitly included in the sections above may incur additional charges at the Company’ hourly rate.

Just Between Us:

Clients shall not share, re-sell, or attempt to share or re-sell the services provided by the Company WordPress Maintenance Plans; transfer or attempt to transfer its agreement to any third party to use; and/or access any proprietary information obtained from the Company for any purpose without prior consent of the Company.

The Company is committed to protecting your privacy.

Disclaimer:

1. If the services described in the Plan are or become unavailable, then the Company will use reasonable measures to repair and reinstate those services within 24 hours of detection. Where such unavailability is due to the negligent failure of the Company to deal with circumstances within its control and is for more than a total of 24 hours in any 30 day period then the Company will at its discretion either pay to Clients compensation limited to a refund of the monthly fee paid or provide a credit up to the same amount.

2. Neither the Company nor anyone else who has been involved in the creation, production or supply of the services described in the Plans or any Additional Services shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Contract or those services for any:

*economic loss of any kind whatsoever, or
*loss of profit, business contracts, revenues or anticipated savings, or
*damage to Your reputation or goodwill, or
*loss resulting from any claim made by any third party, or
special, indirect or consequential loss or damage of any nature whatsoever, and You shall indemnify Donna Fontenot Cavalier and the Company from and against any claim which may be made against the Company in respect thereof.
3. the Company shall have no liability for loss or damages arising from being prevented or delayed in or from performing any of the services described in the Plan or any of the Additional Services, due to circumstances beyond its control. Such circumstances are, but shall not be limited to, governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency.

Payment:

Upon Client’s notification to the Company that they wish to engage the Company for ongoing support and maintenance through a Maintenance Plan, the Company will request required information (e.g., FTP access, cPanel access, hosting login, WordPress login, etc.). Upon receipt of required information, the Company will begin maintenance services; otherwise, the Company will cancel maintenance services immediately.

All monthly charges after the first month will be made by recurring automatic charge to the Client’s credit card via the method of payment when Client subscribed.

Cancellation/Termination:

Client may cancel the services at any time. No refund will be made for monthly payments already made prior to cancellation.

The Company also reserves the right to terminate its agreement with a Client 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 for the Client.

Governing Law:

This Agreement will be governed by and construed in accordance with the laws of Louisiana.