Terms Addendum (Monthly Subscription)
This Addendum forms part of, and must be read together with, the main Web Design & Development Terms & Conditions.
In the event of conflict, this Addendum shall prevail only in relation to Maintenance, Support, and Hosting services.
1. Definitions
For the purpose of this Addendum:
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“Maintenance Services” means ongoing technical upkeep of the website as defined below.
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“Support” means reactive assistance for issues covered under the subscription.
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“Hosting Services” means server space, infrastructure, and related services where provided by us.
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“Subscription” means the recurring monthly service plan selected by the Client.
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“Third-Party Services” means hosting providers, plugin developers, theme providers, APIs, email platforms, payment gateways, and any external systems not owned or controlled by us.
2. Scope of Maintenance Services
2.1 Maintenance Services may include (as specified in your selected plan):
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✔ CMS core updates (e.g. WordPress, Joomla, Drupal)
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✔ Theme and plugin updates
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✔ Basic security hardening
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✔ Performance monitoring
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✔ Uptime monitoring
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✔ Regular backups (where supported by hosting)
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✔ Minor technical fixes related to updates
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✔ Malware scanning (non-forensic)
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✔ Other (Specified in the Proposal)
2.2 Maintenance does not include:
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✔ New features or functionality
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✔ Design changes or redesigns
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✔ Content creation or large-scale content uploads
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✔ SEO services unless expressly stated
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✔ Fixing issues caused by unauthorised changes or third parties
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✔ Emergency recovery outside scope (quoted separately)
3. Support Services
3.1 Support is provided via email only, unless otherwise agreed.
3.2 Response times are best-endeavours, not guaranteed:
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Acknowledgement: within 1–2 business days
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Resolution: depends on complexity and third-party dependencies
3.3 Support applies only to:
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Issues directly related to the maintained website
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Errors reproducible within the supported environment
3.4 Issues caused by hosting providers, plugin conflicts, external APIs, or third-party updates may fall outside guaranteed resolution.
4. Hosting Services (Where Applicable)
4.1 Where Hosting Services are included:
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Hosting is provided on shared or managed infrastructure
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Resources (storage, bandwidth, CPU) are subject to fair-use policies
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Hosting is provided as-is via third-party infrastructure
4.2 We do not guarantee:
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Continuous uptime
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Specific page-load speeds
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Immunity from cyberattacks
4.3 Scheduled maintenance, emergency patches, or provider outages may result in temporary downtime.
4.4 Email hosting is not included unless explicitly stated.
5. Client Responsibilities
You agree to:
5.1 Maintain secure passwords and access credentials.
5.2 Notify us before installing plugins, themes, scripts, or third-party services.
5.3 Avoid making unauthorised changes to the website code, files, or database.
5.4 Maintain valid licences for all premium plugins, themes, and third-party tools unless provided by us.
5.5 Ensure your content complies with applicable laws (GDPR, cookies, accessibility, consumer regulations).
6. Exclusions & Third-Party Dependency
6.1 We are not responsible for:
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Third-party plugin or theme failures
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Hosting provider outages
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Domain registrar issues
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Email delivery problems
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Payment gateway failures
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API changes or deprecations
6.2 Where third-party failures affect the website, we may assist on a chargeable basis.
7. Fees, Billing & Payment
7.1 Maintenance, Support, and Hosting are billed on a monthly recurring basis.
7.2 Subscriptions are payable in advance.
7.3 Late or failed payments may result in:
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Suspension of maintenance
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Suspension of hosting (where applicable)
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Withholding of support
7.4 Interest on overdue payments may be charged at 8% above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
8. Suspension of Services
8.1 We reserve the right to suspend services immediately if:
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Payment is overdue
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The website poses a security risk
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The website is used for unlawful purposes
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Client actions compromise system stability
8.2 We are not liable for losses resulting from suspension due to breach of these terms.
9. Data, Backups & Recovery
9.1 Backups are provided on a best-endeavours basis and are not guaranteed.
9.2 You remain responsible for maintaining your own independent backups.
9.3 Disaster recovery, forensic cleanup, or full site rebuilds are not included and will be quoted separately.
10. Term & Cancellation
10.1 Subscriptions operate on a rolling monthly basis.
10.2 Either party may cancel with 30 days’ written notice.
10.3 No refunds are issued for partial months.
10.4 Upon cancellation:
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Maintenance and support cease
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Hosting access may be removed after data handover (where applicable)
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You are responsible for migration to another provider
11. Liability & Disclaimer
11.1 All Maintenance, Support, and Hosting Services are provided with reasonable skill and care.
11.2 We do not guarantee:
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Website security
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Business continuity
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Sales, traffic, or rankings
11.3 Our total liability under this Addendum is limited to:
the total fees paid under the subscription in the preceding 3 months.
11.4 Nothing in this Addendum limits liability for death, personal injury, fraud, or liabilities that cannot be excluded under UK law.
12. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including but not limited to hosting outages, cyber incidents, natural disasters, power failures, or government action.
13. Governing Law & Jurisdiction
This Addendum is governed by the laws of England and Wales.
The courts of England and Wales have exclusive jurisdiction.
14. Acceptance
By subscribing to any Web Maintenance, Support, or Hosting plan, you confirm that you have read, understood, and agree to this Addendum and the main Terms & Conditions.