Website Maintenance Terms of Service

These Website Maintenance Terms of Service (“Agreement”) govern the relationship between the client (“Client,” “you,” or “your”) and Weblingo (“Service Provider,” “we,” “us,” or “our”) in connection with the website maintenance services purchased through our platform. By completing your purchase, you agree to be bound by this Agreement as of the date of payment.

Purpose of this Agreement

This Agreement outlines the terms under which we will provide website maintenance services to optimize, protect, and maintain your website. These services are intended to keep your website secure, functional, and up-to-date while it remains live on the internet.

Scope Of Service

The scope of services provided each month is determined by the Website Maintenance Plan you select. The details and scope of each plan tier are outlined on our website maintenance page at the time of your subscription.

Services outside the selected plan’s scope are not included and will require a separate agreement or an additional fee.

Cost/Payments

The cost of our monthly maintenance plan depends on the tier you select for your website(s). The details of each plan, including pricing, are outlined on our website maintenance page and are based on the terms available at the time of your subscription.

If you wish to add multiple websites to your plan, additional sites may be included at a discounted rate. Please contact us for more details on multi-site pricing.

Payments are collected either monthly or annually via an automatic, recurring credit card charge on the date you subscribed. It is the Client’s responsibility to ensure payment information is up-to-date to avoid disruptions in service.

Special payment arrangements, such as larger installments or alternative payment methods, may be considered upon request and must be agreed upon in writing.

Timeline Of Service

We aim to address website updates that fall within the scope of our maintenance plan within 24-48 hours, Monday through Friday, excluding weekends and holidays.

If an update requires more time or falls outside the agreed scope, we will notify you with an estimated timeline for completion.

What To Expect When Signing Up

Once your website is onboarded to our plan, and all reporting, updating, backup, and optimization tools are in place, you will be notified. 

After onboarding, you can expect a monthly check-in report summarizing your website’s performance. This report will include:

    • Website traffic and analytics.
    • An overview of updates, backups, monitoring, and optimizations performed during the prior month.

Reports are sent within the first week of each month, barring delays caused by unforeseen technical or scheduling issues. If a delay occurs, we will notify you.

Additional Work Outside The Monthly Time

If your chosen plan includes allotted support time per month, this time covers updates, changes, tweaks, or basic additions to your current website, such as updating content, modifying existing features, or making small design adjustments.

Work beyond the included monthly time or outside the agreed scope, such as advanced functionality, custom designs, new pages, or additional websites, will require a separate proposal or retainer agreement. 

All additional work must be pre-approved by the Client before it begins.

Confidentiality

We take the protection of your information seriously. All website details, logins, analytics, revenue data, and other sensitive information provided to us will be kept strictly confidential.

We will not disclose or share your confidential information with third parties unless it is necessary to provide the agreed services or required by law.

Communication

By agreeing to our maintenance plan terms and conditions, you also agree to the following communication protocols for requesting website updates and scheduling consultation calls:

  1. Update Requests:
      • All update requests must be submitted in writing via email or through the client portal provided at onboarding.
      • We aim to acknowledge all requests within 24 hours and complete updates within the timelines outlined in this Agreement (see “Timeline of Service”).
  2. Consultation Calls:
      • Consultation calls, if included in your plan, are limited to 30 or 60 minutes per session, depending on the tier selected, unless otherwise agreed.
      • Calls must be scheduled at least 48 hours in advance.
      • Unused consultation time does not roll over to the next billing cycle unless explicitly stated in your plan.
  3. Response Times:
      • We are available to respond to inquiries during our business hours: Monday–Friday, 9 AM–5 PM (Mountain Time).
      • Requests or inquiries submitted outside of these hours will be addressed on the next business day.

Point Of Contact

To ensure efficient communication, the Client must designate one primary point of contact for all website-related support, updates, and inquiries. If additional team members are involved on the Client’s side, all requests must be coordinated through this designated contact.

If the primary point of contact changes at any time, the Client must notify us in writing to ensure continuity of service.

Upon moving forward, we will also provide the Client with our designated point of contact for all website updates and general inquiries.

Website Breach Or Hack

While we follow industry best practices to keep your website secure, no site on the internet is 100% immune to breaches, malware, or hacking due to the evolving nature of online threats.

In the unlikely event that your website is compromised, we will restore the website using the most recent available backup and assist with removing blacklisting from Google at no extra charge, provided that the website has been maintained under our care plan without unauthorized modifications by the Client or third parties.

This service does not cover:

    • Websites that are compromised due to client negligence (e.g., weak passwords).
    • Hosting provider security failures (e.g., server-level hacks, data center breaches, or infrastructure vulnerabilities beyond our control) or external applications not managed by us.
    • Rebuilding a website from scratch due to data loss beyond our latest backup.

In cases where additional remediation is required beyond standard restoration, we will provide a separate quote before proceeding.

Termination Of Maintenance Or Hosting Plan

You may cancel your website maintenance or hosting plan at any time. Upon termination, we will ensure you have full access to your website, including logins and any domain information associated with your account.

Your plan will remain active until the end of your current billing cycle (monthly or annual, based on your subscription). No refunds or prorated adjustments will be provided for early termination.

Hosting Termination & Migration

If you are moving away from our hosting, you may request assistance with the transition to a different hosting provider. A hosting termination fee, billed at our hourly rate, applies if we assist with migration. Migration includes:

    • Transfer of website files and database to the new host.
    • Configuration of domain settings (if applicable).
    • Basic troubleshooting post-transfer.

If you prefer to handle migration independently, we will provide the necessary logins and files upon request.

Liability Upon Termination

If the Client cancels or forgoes our hosting and maintenance services, the Client assumes full responsibility for their website’s security, performance, backups, and reporting. Upon termination, we are fully released from any liability related to website functionality, security breaches, downtime, data loss, or third-party hosting failures.

The Client acknowledges and assumes responsibility for the following:

    • Choosing and maintaining website hosting via a trusted, secure, and reliable hosting provider.
    • Acting as the point of contact for all hosting-related issues and technical support inquiries.
    • Updating the website’s WordPress core, plugins, and themes on a weekly basis.
    • Setting up website restore points and external backups.
    • Monitoring website security and handling any breaches, malware, or attacks.
    • Hiring and coordinating with security services (e.g., Sucuri or a preferred malware removal company) in the likely event of a website hack or breach.
    • Optimizing the website database, media, files, and post revisions.
    • Tracking and analyzing website traffic via Google Analytics.
    • Managing all SSL Certificates and security warnings.
    • Keeping the website’s privacy policy up to date manually or using a paid service (e.g., Termageddon).
    • Foregoing our discounted hourly rate for additional website work, meaning any future work will be billed at our standard rate.

Liability transfer takes effect immediately upon termination unless otherwise agreed in writing.

Any post-termination assistance must be agreed upon separately and will be billed at our standard hourly rate.

Notice Of Liability

We take all reasonable measures to secure your payment information, company details, and personal data. However, certain services, including payment processing, website hosting, and optimization tools, are provided by third-party software providers that operate independently from us.

While we only partner with trusted, industry-leading providers—and use these same tools for our own business—we do not control their security policies, uptime, or operational decisions.

Therefore, we cannot be held liable for any data breaches, service interruptions, or security vulnerabilities arising from third-party providers. If an issue occurs, we will assist in addressing the matter to the best of our ability, but ultimate resolution is subject to the policies and procedures of the respective third-party service provider.

Force Majeure

Weblingo shall not be held liable for any failure or delay in performing its obligations under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, acts of war, pandemics, cyberattacks, government-imposed restrictions, power outages, failure of third-party services (including hosting providers and payment processors), or any other unforeseeable event that prevents Weblingo from fulfilling its obligations (“Force Majeure Event”).

If a Force Majeure Event occurs:

    1. Weblingo will notify the Client as soon as reasonably possible.
    2. Weblingo’s obligations under this Agreement will be suspended for the duration of the Force Majeure Event.
    3. If the Force Majeure Event continues for more than 30 days, either party may terminate this Agreement with written notice, and any unused prepaid fees may be credited or refunded at Weblingo’s sole discretion.

Dispute Resolution

Both parties agree to resolve any disputes arising out of or relating to this Agreement through the following process:

  1. Good Faith Negotiation:
      • In the event of a dispute, the Client and Weblingo shall first attempt to resolve the issue through good-faith discussions.
  2. Mediation (Optional):
      • If a resolution is not reached within 30 days, either party may request mediation through a mutually agreed-upon third-party mediator in Alberta, Canada.
  3. Binding Arbitration (Alternative to Court Litigation):
      • If mediation is unsuccessful, both parties agree to settle disputes through binding arbitration in Alberta, Canada, in accordance with the rules set forth in the Alberta Arbitration Act.
      • Arbitration shall be conducted in English and decided by a single arbitrator.
      • Each party shall bear its own legal fees and costs, except as required by law.
  4. Legal Jurisdiction:
      • If arbitration is not selected, or if the dispute is not subject to arbitration, both parties agree that any legal action shall be filed in the courts of Alberta, Canada, and that the laws of Alberta, Canada shall govern the proceedings.

General Statement Of Commitment

By purchasing a maintenance plan, you acknowledge and agree to the terms of this Agreement. Weblingo will provide website maintenance services in a professional and commercially reasonable manner, consistent with industry best practices.

You agree to provide timely access, content, login credentials, and any other cooperation necessary to enable delivery of the services. Both parties agree to communicate in good faith to support a successful working relationship.