Maintance Plan Terms and Conditions

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Terms and Conditions

  1. Scope of Services:
    • This agreement outlines the services to be provided by [Apex Cloud Development] (referred to as "Service Provider") for the maintenance of the client's website (referred to as "Client").
  1. Maintenance Services:
    • The Service Provider agrees to perform maintenance tasks as outlined in the mutually agreed upon maintenance plan, including but not limited to content updates, website updates, security checks, backups, performance optimization, and more
    • keep in mind, a maintenance package is meant to update content currently on a website, not build out new content. If you don’t know what applies, please contact Apex for further clarification
  1. Fees and Payment:
    • The Client agrees to pay the agreed-upon fees for the website maintenance services.
    • Fees may be subject to change upon mutual agreement with prior notice.
    • If the client fails to submit payment within 7 days, a 2% additional fee will be imposed, which will be recurring on a monthly basis until the outstanding payment is settled.
    • The client reserves the right to cancel the agreement at any time. If the client is on a monthly plan, they may cancel the agreement within 3days prior to the renewal date, exempting them from paying the upcoming invoice and associated services.
    • No refunds, unless Apex Cloud allows it.
  1. Duration:
    • This agreement is valid from [Start Date] and will continue until terminated by either party with [Notice Period] days' written notice.
    • The [Renewal Term] can be a monthly or annual plan, this follows the format of the plan selected by the client.
    • The [Notice Period] are the days agreed to within the contract.
  1. Client Responsibilities:
    • The Client will provide necessary access credentials and permissions to the Service Provider to perform maintenance tasks.
    • The Client is responsible for providing accurate and up-to-date content and materials for updates.
  1. Service Provider Responsibilities:
    • The Service Provider will perform maintenance tasks outlined in the maintenance plan to the best of their abilities and within reasonable timeframes.
    • The Service Provider will maintain the confidentiality of all information provided by the Client.
  1. Limitation of Liability:
    • The Service Provider will not be liable for any damages arising from disruptions in website service, data loss, or any other issues resulting from maintenance activities. Apex will do its best to maintain and protect the website as must as possible.
    • The Service Provider will not be liable for any losses incurred by the Client's business due to changes made during maintenance.
  1. Termination:
    • Apex party may terminate this agreement with [0] days' written notice.
    • Client party may terminate this agreement with [3] days' written notice,
    • If, in any unforeseen circumstance, the client decides to terminate the agreement, they will not be able to recover any payments.
    • Upon termination, the Service Provider will provide the Client with all necessary website files and materials.
  1. Intellectual Property:
    • The Client retains ownership of all content and materials provided for maintenance.
    • The Service Provider retains ownership of tools, software, and expertise used to perform maintenance tasks unless the client pays for specific tools for the service provider to use.
  1. Confidentiality:
    • Both parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged during the course of this agreement.
  1. Governing Law:
    • This agreement will be governed by and construed in accordance with the laws of [New York].
  1. Entire Agreement:
    • This document constitutes the entire agreement between the parties and supersedes any prior agreements or understandings.
  1. Liability Protection and Security
    • Apex Cloud Development is committed to taking all necessary measures to ensure the utmost security and protection of client information. However, in the unfortunate event that client information is compromised, Apex Cloud Development cannot be held responsible for data loss, viruses, or any other compromises experienced by the client.

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