Website Maintenance Agreement

The Agreement

This Website Maintenance Agreement (“Agreement”) is entered into between you, your employees, and agents (collectively referred to as “Client”) and Mark Behnken (“Provider”). This Agreement applies to the purchase of all monthly website maintenance services (hereinafter collectively referred to as “Maintenance Services”) purchased by the Client.

Term and Termination

This Agreement becomes effective upon the Client’s enrollment in Maintenance Services.

1. Termination by Either Party:

Either party may terminate this Agreement with 30 days’ written notice if the other party breaches any material obligation outlined herein and fails to resolve such breach within thirty (30) days of receiving written notice.
Breaches any material obligation outlined herein and fails to resolve such breach within thirty (30) days of receiving written notice.
Becomes insolvent, enters bankruptcy, or undergoes a similar financial proceeding that materially affects their ability to fulfill their obligations under this Agreement.

2. Termination by Mark Behnken:

Mark Behnken may terminate this Agreement immediately under the following circumstances:

If the Client fails to pay any fees due under this Agreement.
If the Client fails to cooperate with Mark Behnken or obstructs the Provider’s ability to perform the Maintenance Services effectively.
If the Client engages in conduct that is illegal, unethical, or damaging to Mark Behnken’s reputation.
If the Client repeatedly breaches the terms of this Agreement, even if individual breaches are resolved, indicating a pattern of non-compliance.

3. Effect of Termination:

Upon termination, all outstanding fees for services rendered shall become immediately due and payable.
If the Client terminates this Agreement early, no refunds will be issued for any unused portion of the service period.
Provider shall have no further obligation to provide Maintenance Services after the termination date.
Any software licenses (e.g., Wordfence, ), access, or credentials provided by Mark Behnken shall be revoked upon termination.
Any backups or client data maintained as part of the Maintenance Services will be deleted within 7 days of termination.
Client is responsible for maintaining any third-party licenses or subscriptions (e.g., premium plugins or Cloudflare add-ons) upon termination.

1. Maintenance Services*

Service Provider offers the following website maintenance services, *applicable to the Maintenance Package selected by the Client. Full details of each package, can be found on my Services page. Depending on the selected Maintenance Package, the services provided will vary and may include the following:

1.1. WordPress Core, Theme, and Plugin Updates

Update WordPress core, themes, and plugins weekly, monthly or as necessary to maintain security and compatibility.
Will utilize “safe updates” with rollback protection to minimize chance of site downtime or breakage.
Test larger updates (theme or core) on a staging environment when necessary.

1.2. Backup and Recovery

Perform full website backups to a secure cloud storage location (daily, weekly, or monthly, depending on the Maintenance Package purchased).
Backups will include all files, database, and configurations.
Recovery from backups upon request or in case of website failure, malware infestation, etc.

1.3. Security Software Installation, Monitoring, and Protection

Install and configure Wordfence security software (Web Access Firewall (WAF), brute force protection, bot throttling, and more).
Perform regular security scans for malware, viruses, and suspicious activity (multiple layers of detection).
Remove malware and malicious code, unless the issue was already present prior to signing this agreement (if so, ask me about my removal service).
Implement additional security settings and security measures to minimize future attacks (server hardening, Cloudflare rules implementation, etc).
Set up and configure Cloudflare for premium edge-layer protection (DDoS and DoS protection, bot mitigation, and more).

1.4. Uptime Monitoring

Monitor website uptime on a 24/7 basis (will investigate issue right away once alerted).
Notify Client of any major downtime and attempt to resolve issues promptly.
Will utilize two layers of uptime monitoring for redundancy.

1.5. Performance Optimization

Installation and configuration of WP Rocket speed optimization plugin (if applicable).
Monitor and optimize website speed and load time (Google Core Web Vitals).
Compress images, enable caching, and minimize code where applicable.
Set up and configure Cloudflare Automatic Platform Optimization (APO) – (if requested).

1.6. Technical Support

Provide email support for website maintenance-related questions and issues.
Limited to maintenance-related issues with WordPress, plugins, themes, and hosting configurations.
Support requests outside scope of this Maintenance Service, are billed at $100 /hour in fifteen (15) minute increments.

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*The services above depend on the Maintenance Package selected by the Client. Not every package includes every service listed above.

NOTE: Maintenance tasks are performed throughout the month and will be detailed in your monthly report. Some tasks, such as updates, are only performed when they are deemed stable and safe to implement.

2. Fees; Refund Limitations and Cancellation Fees

The client agrees to pay Mark Behnken all fees as invoiced in accordance with this agreement. Payment must be received before any maintenance services begin.

In the event of termination by the client, no refunds will be provided under any circumstances.
The client agrees to pay any additional amounts due to Mark Behnken if any work outside the scope of Maintenance Services was performed.
Mark Behnken is authorized to bill the client for any outstanding amounts.

3. Client Responsibilities

To enable Mark Behnken (“Provider”) to perform the desired Maintenance Services, Client agrees to:

Provide access to their WordPress website, hosting account, FTP credentials, Cloudflare, etc.*
Maintain proper licensing for any premium themes, plugins, or services used on the website, not provided by Mark Behnken.
Respond to Service Provider’s requests for information, ideally within five (5) business days.
Ensure that any third-party changes made to the website are communicated to Service Provider.

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*For security reasons, I highly advise against sending usernames or passwords via email. The easiest way to get me what I need, is to utilize the 🔐Secure Form (fully encrypted) on my website for sending me the necessary login credentials.

Alternatively, I can advise you on other secure ways to share this information with me, such as using Bitwarden or LastPass.
Many hosting providers and Cloudflare allow you to assign administrative access without sharing your login information, and I can guide you through this process if needed.

NOTE: I take security very seriously (how I secure your data), this includes your security and my own. Any credentials you provide will remain strictly confidential and stored securely in my personal encrypted vault using Bitwarden. My account is secured with industry-standard protections, including a complex password and two-factor authentication (2FA). Additionally, all credentials submitted via the🔐Secure Form are automatically purged from my server after 72 hours for added protection.

4. Client Acknowledgements

The client acknowledges and agrees to the following:

Scheduling of Maintenance Tasks: All maintenance tasks will be scheduled based on Mark Behnken’s (“Provider”) workflow. Since Mark manages websites for multiple clients, updates will be handled on a first-come, first-served basis, except in the case of an emergency (e.g., a total website outage).
Delays Due to Unanswered Questions: If the client fails to respond to questions essential for task completion within 5 business days, the task may be moved to the end of the queue, potentially rolling over to the next month’s updates.
Rolling Over Unfinished Tasks: Any unfinished tasks will be moved to the following month’s update queue.
Update Scheduling: All updates are scheduled at Mark Behnken’s convenience, following a fair and orderly process. The only exception is if the client’s website is offline or experiencing a critical issue, in which case the issue will be prioritized.
Additional Tasks: Any additional tasks outside the scope of the Maintenance Service requested by the client within the same month, will be billed at $100 /hour in fifteen (15) minute increments, with a discount rate (if offered) based on the client’s chosen Maintenance Package.
Revisions to Completed Tasks: If the client requests changes to completed tasks, any additional time required will be billed at the same standard rate.
Exclusions: Website updates do not include tasks such as image editing, graphic design, database changes, programming, or search engine optimization (SEO).
Major Redesigns or Development: Website redesigns or development are not included in the Maintenance Package and will require a separate agreement, if it’s a service I can offer you.
Plugin Integration or Complex Programming: Tasks involving complex integrations (e.g., blogs, shopping carts, API integrations) are not covered by the Maintenance Package. These will require a separate design or development agreement, if it’s a service I can offer you.
Training Exclusions: This Maintenance Agreement does not include training on website usage, WordPress, email, SEO, or related topics. However, I offer these services at a rate of $100 per hour, should you be interested.
Communication Hours: My primary communication hours are 7:00 AM to 9:00 PM Indochina Time (GMT+7), Monday through Saturday. During certain months of the year, I may work from my home in the USA, which could affect my availability. In such cases, I will notify all clients of any changes to my hours.
Hosting and Server Issues: Mark Behnken has no control over server downtime, software incompatibilities, or issues with PHP compatibility related to the client’s hosting company, or accompanying services such as Cloudflare.
Email and IT Support: This agreement does not cover troubleshooting of email issues or any IT support for the client’s personal computer. Mark Behnken is focused on maintaining the website’s functionality, not providing IT support. However, I can offer this service at a rate of $100 per hour, should you be interested.
Search Engine Listings: Mark Behnken has no control over search engine or directory policies, and the client’s site may be excluded from such platforms at any time.
Correction of Client Errors: If a task is completed based on the client’s provided information and later found to be incorrect, any time required to correct the issue will be billed at my standard hourly rate of $100 per hour.
Changes by Other Parties: Mark Behnken is not liable for issues caused by changes made to the client’s website by other parties, including the client.
Exclusive Maintenance Provider: During the term of this agreement, the client agrees that Mark Behnken will be the sole provider of maintenance services. If any changes are made by other parties (including the client), any resulting errors will be corrected at an hourly rate.
Third-Party Plugin Issues: Mark Behnken is not responsible for issues arising from third-party plugins that may become incompatible or unusable due to maintenance services.
Website Compromise or Hacking: Mark Behnken is not responsible for repairing websites that were compromised, hacked, or defaced prior to engaging in the Maintenance Services. I can provide this service if requested at an hourly rate.
Website Recovery or Backups: There is no guarantee that website recovery or backup availability can be provided at any given time.

5. Scheduling of Maintenance Tasks

I manage multiple maintenance clients at any given time, so scheduling is a key priority. I limit the number of clients I take on to ensure I can provide quality service to everyone. All maintenance work for the month is scheduled in advance to maintain an efficient workflow that benefits both my business and my clients.

When you sign up for a maintenance plan, you’re allocated a set amount of time each month for maintenance tasks. The scheduling of these tasks is entirely at my discretion. The only time I will adjust the schedule or prioritize one client’s task over another is in the event of an emergency. An issue is only considered an emergency if it directly impacts your business operations, such as an eCommerce site being unable to process orders or the website being completely offline.

I am committed to keeping your website running smoothly, but all non-emergency tasks will be handled according to my established schedule to ensure fairness to all clients.

6. Additional Services

Any services not covered by this agreement will be billed at a rate of $100 per hour, with time calculated in fifteen (15) minute increments. For a list of some of my standard services, please visit my Services page.

If you’re interested in additional work that isn’t listed, feel free to send me a message. For example, if you need help installing or configuring a new WordPress plugin, troubleshooting an email issue, or handling a unique technical challenge, I’m happy to discuss it.

With my strong background in IT and website management, I can often provide support beyond routine WordPress maintenance. Whether it’s a complex configuration, diagnosing a problem, or streamlining a process, I may be able to assist you. Just let me know what you need, and I’ll be happy to see how I can help.

7. Disclaimer of Warranties

I will perform all maintenance services to the best of my ability; however, I cannot guarantee that the services will meet all of your specific business requirements or expectations. The services are provided “as is” without any warranties of any kind, express or implied, including but not limited to:

Results and Performance – While I always aim to provide high-quality service, I can’t guarantee specific outcomes (e.g., higher SEO rankings or increased traffic).
Fitness for a Particular Purpose – I can’t promise that the services will meet every unique need or business goal.
Uninterrupted or Error-Free Operation – While I strive to keep your website running smoothly, I can’t guarantee that it will always be error-free or available at all times.

If any part of this agreement is found to be unenforceable, the rest of the agreement will remain in full effect.

8. Limited Liability

Mark Behnken is not responsible for any indirect, special, or consequential damages. This includes lost profits, loss of data, or any other losses arising from this agreement — even if I’ve been advised that such losses might happen. I am not responsible for any issues related to third-party products, content, software, equipment, or hardware obtained from other sources. Refunds will not be provided.

9. Client Representations

Client represents the following:

Website Security: The client guarantees their website is secure, not compromised, hacked, or infected at the time of service initiation. If the website is infected with malware or a virus, cleaning or remediation services are available at an additional hourly rate before maintenance can commence.
Legal Compliance: The client is responsible for ensuring their website complies with all applicable laws, including e-commerce and privacy regulations. Mark Behnken is not liable for legal or tax matters.
Content Ownership: The client ensures all website content is owned or properly licensed and does not infringe on third-party rights.
Third-Party Services: The client confirms any third-party software or services used are legally licensed and compliant with applicable laws.
Website Changes: The client agrees to notify the service provider of any third-party changes or modifications to the website.

10. Confidentiality

Both parties agree to keep each other’s proprietary or confidential information in strict confidence for as long as necessary, unless otherwise agreed upon in writing. “Proprietary or Confidential Information” includes, but is not limited to, written or oral contracts, trade secrets, business methods, business policies, memoranda, reports, records, computer data, notes, and financial information. Confidential information does not include any information which:

Becomes generally known to the public without breach of the receiving party’s obligations;
Was previously known to the receiving party or lawfully obtained from a third party;
Is independently developed by the receiving party;
Is subject to disclosure by court order or other lawful process.

Neither party will share or use the other party’s proprietary or confidential information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information remains the exclusive property of that party. In the event of unauthorized use or disclosure, the non-disclosing party may seek equitable relief.

11. Force Majeure & Relationship of Parties

Neither party will be held responsible for delays or failure to perform due to events beyond their control (e.g., natural disasters, government actions). In such cases, the affected party will notify the other party promptly and make reasonable efforts to minimize any impact.

Mark Behnken is an independent contractor under this Agreement. This Agreement does not create an employment, partnership, or joint venture relationship, and Mark Behnken is not the Client’s agent.

12. Miscellaneous Provisions

This Agreement is binding on both parties, as well as their successors, heirs, and assigns.
The Client cannot transfer or assign this Agreement to others without written consent from Mark Behnken.
Mark Behnken reserves the right to use subcontractors as needed for the successful completion of the project.
A failure by either party to enforce any part of this Agreement doesn’t waive their right to do so in the future.
If any part of this Agreement is found invalid, the rest will still be in effect.
No provision in this Agreement will be interpreted against either party simply because they drafted it.

13. Disputes

Governing Law: This Agreement will be governed by the laws of the State of California, USA, regardless of the physical location of either party.
Good-Faith Negotiation: Both parties agree to make a good-faith effort to resolve any disagreements related to this Agreement through negotiation. If the parties cannot resolve the issue within a reasonable period (e.g., 15 or 30 days), the dispute will proceed to arbitration.
Arbitration Process: The dispute will be submitted to arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in California or another mutually agreed-upon location, or it can be conducted remotely. The arbitration will be conducted by one arbitrator, who will be a licensed attorney with experience in technology law or dispute resolution.
Arbitrator’s Decision: The arbitrator can only award compensatory damages. The decision of the arbitrator will be final and binding.
Court Relief: Both parties may still seek temporary or injunctive relief from a court if necessary.
Timeframe: Arbitration must be completed within 60 days from the submission of the dispute unless both parties agree otherwise.
Costs: The costs of arbitration (e.g., arbitrator fees) will be shared equally, unless the arbitrator rules otherwise.
Language and Time Zones: All arbitration proceedings will be conducted in English. Reasonable accommodations will be made for time zone differences.

14. Acknowledgment and Acceptance of Terms

By purchasing a Maintenance Package, Client acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement. By signing below, Client also authorizes Mark Behnken to perform the Maintenance Services as described herein.

Client Signature: _______________________________
Date: ___________________________
Printed Name: _______________________________

Service Provider Signature: _______________________________
Date: ___________________________
Printed Name: _______________________________