Website Care and Hosting Agreement

The term ‘Studio Wildling’ or ‘I’ or ‘us’ or ‘our’ or ‘we’ refers to Studio Wildling (ABN 36 509 634 421), the owner of the website. The term ‘client’ or ‘you’ or ‘your’ refers to the website owner.

You are authorising STUDIO WILDLING as a provider for ongoing website hosting and maintenance services.

‘Cultivate Care & Hosting Membership’

What IS included in the ‘Cultivate’ Agreement:

• Managed WordPress hosting
• Fast, reliable, and secure server
• Free SSL (security) certificate
• WordPress core updates
• Pro theme licence
• Access to my agency-level plugins & development tools (value of over $350/yr)
• Weekly theme & plugin updates
• Monthly backups

What is NOT included in the ‘Cultivate’ Agreement:

• One free restore per year
• Daily security & malware scans
• Monthly reports
• Troubleshooting & content updates
• Performance checks
• Email hosting support

‘Nurture Care & Hosting Membership’

What IS included in the ‘Nurture’ Agreement:

• Managed WordPress hosting
• Fast, reliable, and secure server
• Free SSL (security) certificate
• WordPress core updates
• Pro theme licence
• Access to my agency-level plugins & development tools (value of over $350/yr)
• Weekly theme & plugin updates
• Daily backups
• One free restore per year
• Daily security & malware scans
• Monthly reports
• 15 mins troubleshooting & content updates

What is NOT included in the ‘Nurture’ Agreement:

• Performance checks
• Additional design time
• New web page design and/or development
• Email hosting support
• Monthly troubleshooting & content update rollover

‘Amplify Care & Hosting Membership’

What IS included in the ‘Amplify’ Agreement:

• Managed WordPress hosting
• Fast, reliable, and secure server
• Free SSL (security) certificate
• WordPress core updates
• Pro theme licence
• Access to my agency-level plugins & development tools (value of over $350/yr)
• Weekly theme & plugin updates
• Daily backups
• One free restore per year
• Daily security & malware scans
• Monthly reports
• 1-hour troubleshooting & content updates
• Performance checks

What is NOT included in the ‘Amplify’ Agreement:

• Additional design time
• New web page design and/or development
• Email hosting support
• Monthly troubleshooting & content update rollover

Total Agreement:

STUDIO WILDLING shall provide you with hosting, upkeep, and minor updates to the website for an indefinite period. YOU agree to pay STUDIO WILDLING on an ongoing monthly basis (or annual if selected) with an automatic monthly subscription.

On the month-to-month subscription, you are free to cancel at any time, with seven days’ written notice. However, please note that you will be responsible for migrating your website to your new hosting upon cancellation. No refunds will be given on the annual subscription after a 14-day cooling-off period.

A dishonour fee of $50 will be charged if direct debit fails and isn’t reconciled within 24hours of the scheduled transaction.

YOU agree to the terms of service outlined by the 3rd-party hosting company, Siteground.

During the duration of this agreement, YOU agree that STUDIO WILDLING 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. If a party other than STUDIO WILDLING makes changes to the website, any errors that are created must be repaired and will be charged at an hourly rate. This includes any changes made by YOU.

Prices are subject to change with 7 days written notice.

Deadlines & Deliverables:

I agree to use my best efforts to fulfill and exceed your expectation on the deliverables listed in your selected membership above. YOU agree to aid me in doing so by making available any needed information pertaining to your website and to cooperate with me in expediting the work.

STUDIO WILDLING will respond to all maintenance requests from YOU within 24 hours on weekdays and 48 hours on weekends, via email, with a confirmation that the request was received, and an estimated completion date for each action item in the request. 

Additional Services:

Any revisions, additions, or redesign YOU request STUDIO WILDLING to perform that is not specified in this document shall be considered “additional” and will require separate agreement and payment. STUDIO WILDLING shall advise YOU on any requested work that falls within these bounds.

Services not considered ‘standard website maintenance’ are subject to be charged at a regular hourly rate (subject to change without notice) or quoted on in a separate proposal, and will not be considered part of this agreement.

Authorisation:

YOU hereby authorise STUDIO WILDLING to access your web hosting account, providing active user name/password combinations for access to the server.

Warranty: 

YOU hereby warrant that YOU hold all necessary permissions and releases for materials provided to STUDIO WILDLING or which YOU have requested STUDIO WILDLING utilise within the website.

Liability & Litigation: 

I can’t guarantee that my services will be error-free (I’m human!) and so I can’t be held liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if YOU advised me of them. 

Although I go above and beyond for my clients and pride myself on the services I offer, the nature of websites and cyberspace means I cannot guarantee that your site will never experience downtime or be hacked.

What I can guarantee is that I will put preventative measures in place to greatly reduce any risks and will be proactive in resolving any issues and getting things back up and running ASAP.

Confidentiality:

STUDIO WILDLING acknowledges its responsibility, both during and after the term of this Agreement, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by STUDIO WILDLING on behalf of YOU or disclosed by YOU to STUDIO WILDLING.

Miscellaneous: 

This agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This agreement constitutes the entire understanding of the parties. Its terms can be modified only by a writing signed by both parties, except that the Client may authorise expenses or revisions via electronic mail to the Developer. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, the parties agree to commence mediation and/or binding arbitration through the Australian Arbitration Association prior to any other legal course. A waiver of a breach of any of the provisions of this agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This agreement shall be governed by the laws of Australia in the State of Victoria and courts of such state shall have exclusive jurisdiction and venue.

STUDIO WILDLING reserves the right to amend this Agreement as I deem necessary or appropriate because of legal compliance requirements or changes in our business practices. I will endeavour to notify you of any such changes via email. Your continued use of the Services after any change to this Agreement constitutes your agreement to be bound by any such changes.