Definitions

(a) ‘We’ and ‘us’ and ‘our’ shall refer to Network Duck the provider of the maintenance services.

(b) ‘You’, ‘your’, ‘you’re’ shall refer to the client contracting us to perform website maintenance tasks. 

(c) ‘Packages’ shall refer to the packaged maintenance services to which you are subscribed. 

(d) ‘Subscription(s)’ shall refer to the recurrent payment for the package of services you are contracting us to perform. 

2. Agreement

(a) All parties agree to be legally bound by the terms of this agreement.

(b)  You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. 

3. Payments 

(a) Monthly subscriptions are charged recurrently every 30 days from the commencement of the subscription. 

(c) Annual subscriptions are charged annually every year from the commencement of the subscription.

(d) Flexi subscriptions are charged recurrently every 30 days from the commencement of the subscription. 

4. Service Descriptions 

(a) Plugin Updates

Means we will update all plugins with an available update on your website, this includes the free version of any plugin installed on your site. We will also update any premium plugin which you have authenticated and to which an update is available and accessible by us. 

(b) Speed Optimisation

Means we will optimise your website for load time. This shall include: the installation and monthly updating of one or more plugins which automatically optimise the website for load time. Owing to the many factors which contribute to how quickly a website loads we cannot guarantee load time will be materially improved.  

(c) Security

Security shall mean the installation and monthly update of one or more plugins which provide security measures on your website. We shall not be responsible for securing your website against cyber attacks, data breach or any other loss. You are responsible for overall security of the website. 

(d) Live Chat Support 

Shall mean that we will offer advice on any issue with your website that is within our knowledge. We agree to answer your request when the live chat function is active on our website. Live chat is not run on a schedule and may be intermittently available. 

(e) Ticket Support

You may open a support ticket detailing the issue you are facing. We agree to answer the ticket within 2 working days of you raising it. We will then code the ticket as resolved if we feel our response has resolved the issue. If we feel that our response alone may not resolve the issue we will code the ticket open so that you may provide us with further information if required.  If the issue is outside the scope of services we provide then we will code the ticket closed.

(f) Website Backups

Means we will schedule an automatic backup of your website. The back up will be stored in the website files by the backup plugin. Should the website files be lost on your server the back ups will also be lost. You are responsible for storing the backup files in a safe and separate place. We do not store backup files, only process them on your website. 

(g) Email Support 

Means we will respond to your email for support with a website issue within 3 working days. Unless the package is inclusive of priority support in which event we will respond within 2 working days. However we do endeavour to answer all emails as soon as we possibly can. 

(h) Theme Updates

Means we will update your theme. Your theme must have an update available, it must either be a free theme or a premium them which you have authenticated in the back end of your website and which you have a licence for. 

(i) SEO Consulting

Means we will consult with you around SEO issues and SEO strategies that may be useful to your marketing efforts. This shall be limited to 30 minutes consulting time. Consulting time includes the time we take to write responses to your communications. All SEO communications must be done through the ticketing system on our website. 

(j) Security Monitoring

 Means we will use advanced security plugins to monitor for potential security threats. The administrator email address of your website will be sent an email each time a potential threat is identified by the automatic system. 

(k) Google Analytics 

Shall mean the deployment of Google Analytics tracking code in your website header. We will also install a plugin so that you can view certain analytic metrics in the WordPress dashboard. 

(l) Technician Time 

Shall refer to any custom work carried out on your website including editing to the code or aesthetics of the website. Some packages have allotted monthly development hours, these do not recur nor can they be banked. We log our time on projects to accurately measure the time we spend on a project. Once the development hours have elapsed we will quote you at our standard hourly rate for any further development work required. 

5. Missed Payments 

(a) If your card is declined for any reason we will attempt to take card payment one further time.

(b) If your card is declined on the second attempt we will suspend our services until the payment is made directly to our account.

6. Cancellation 

(a) You can terminate this agreement anytime after the minimum subscription period has elapsed for your package.

(b) You must give at least 30 days notice of your intention to terminate, any scheduled payments during the notice period will still be owed. 

7. Minimum Subscription Term

(a) Monthly Subscription Packages

Monthly subscription packages have a minimum subscription term of 30 days from the date you subscribed. This contract will be renewed automatically every 30 days from the date you subscribed until this agreement is terminated. 

(b) Annual Subscription Packages

Annual packages have a minimum term of one calendar year from the commencement of the subscription. The contract will become an annual rolling contract after the minimum subscription term has elapsed, automatically renewed every year until this agreement is terminated.

8. Scope 

(a) The scope of this agreement shall only extend as far as the services expressly included within the package on the day you subscribed and within the bounds of the service definition for each service. 

(b) Any out of scope tasks will be agreed and quoted for by both parties.

9. Liability 

(a) We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

(b) Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

10. Miscellaneous

Any dispute arising under this contract shall be raised within the jurisdiction of the courts of England and Wales. It shall also be governed exclusively by the laws of England and Wales.