WordPress Website Hosting Agreement
The following agreement is between the Provider and Client, WHEREAS Jason Holland is a Professional Creative, Consulting, and Design agency with a 3rd Party Hosting Provider (WP Engine) offering storage and transfer of documents and information over the Internet; WHEREAS, the Client seeks to use these servers for its own purpose; WHEREAS, the parties acknowledge the Internet is neither owned nor controlled by any one entity; therefore the Provider can make no guarantee that any given party shall be able to access the server made available by the Provider at any given time. The Provider represents that it shall make every good faith effort to ensure that the server is available as widely as possible and with little service interruption as possible; NOW THEREFORE, in consideration of the mutual promise contained herein, the parties agree as follows;
This WordPress Website Hosting Agreement is effective as of the date the subscription hosting service is purchased by You (“Client”) and by Robert Jason Holland (dba Jason Holland) (“Provider”) of 8605 Santa Monica Blvd #53469, West Hollywood, California 90069-4109.
Premium WordPress Hosting
The Provider will provide hosting through our account with WP Engine. Service provides premium WordPress hosting that includes a security lockdown, performance optimization, and ongoing maintenance (including WordPress core, plugin, and theme updates on a monthly basis). WordPress core, plugin, and theme monthly updates are provided by the Provider and NOT by WP Engine for enhanced security and performance to the Client’s website. The Provider provides this service for the overall health and well-being during the duration of the hosting of the Client’s site through our hosting account.
Since the Provider is consistently doing these updates during the last week of the month, the Provider currently sends out notifications – most Clients prefer not to be spammed to death with verifications – only when absolutely necessary and warrants Clients attention to the matter. If there is a security breach, the site will be fixed and Client will be notified after it’s repaired. Typically the Provider sends an email to let the Client know that the issue has been resolved. Again, the point of this is to not involve the Client with a bunch of unnecessary information only relevant to the health and well-being of the site’s security.
WordPress Performance Optimization
Add caching (browser, database, object, page), CDN (Content Delivery Network), and basic and free “Let’s Encrypt” SSL certificate (https://). Website technologies within the space of MySQL (database). The basic WordPress “Hosting Starter Kit” by the Provider does NOT include eCommerce. If eCommerce is included, the Provider will make corrections to the technology to include eCommerce install. Difference dependent on the type of site. If a site is read only (for instance a “brochure” or “portfolio” type site) versus eCommerce, some basic performance, image optimization, and code minification are included.
Ongoing Maintenance (WordPress Core, Plugins, and Theme)
WordPress core updates happen monthly at the end of each month. Typically, it’s some time during the last week of the month. Plugin and theme updates are the same frequency and schedule. Not all updates are installed immediately – the Provider may wait until they believe the update is safe to install before doing so.
WordPress Security Lockdown
Lock up of core WordPress vulnerabilities that are safe to lock up without having adverse impact on the WordPress site. Things like hiding WordPress version, table prefix, etc. Basically, turning off WordPress defaults to prevent hackers from easily hacking the site. Cutting off public access to the WordPress install (wp-install) that the public should not have access to. Preventing hackers from uploading php files to the media upload folder.
Client Ownership and Administrative Access
Upon setup of the Clients WordPress “Hosting Starter Kit” on the Provider’s hosting account with WP Engine, the Client will be given “full-admin (non-billing)” access to the hosting account (including full administrative access to the WP Engine’s Dashboard and the WordPress Dashboard).
WordPress Theme: the divi builder
All WordPress sites hosted by Jason Holland include the Divi Builder Theme by Elegant Themes. The theme is provided to the Client by the Providers Developer License with Elegant Themes and is subject to the same term agreements of the license.
The Divi Builder Theme is included to provide you with a hassle-free, drag-and-drop, and no-code-required solution for rapid WordPress website development and content creation. Using the hosting provided by Jason Holland, support is only provided for regular maintenance of the Divi Builder Theme through the Provider’s Developer’s License with Elegant Themes.
Installing Additional Plugins and Themes
The Client is free to install additional WordPress plugins and themes during the duration of hosting of the hosting agreement. The Provider requests the Client provided notification in writing before installing additional plugins and themes. Notice: Installing additional plugins and theme can be done at Client’s own risk. If the Provider is UNABLE to provide ongoing maintenance updates to the additional plugins or themes and the site becomes unresponsive, the Client agrees the Provider is not responsible and may void the ongoing support and monthly maintenance portion of the agreement. THEREFORE, it is possible the Client’s site and business has outgrown the needs of the Provider’s services and may need to seek alternative WordPress hosting services.
Website Suspension, backup, and Migration
If payment is not received in thirty (30) days, the Provider reserves the right to suspend or cancel service. If service is cancelled, the Provider will provide a full site backup to the Client (including the WordPress file system, plugins, theme, media files, database (content) at no additional cost. It is at the Provider’s discretion to provide migration support at that time.
If the Provider is required to assist with the migration of a Client’s site to a new hosting provider, a one time fee of $299US will be assessed at the time, due immediately (without exception).
Terms of Service
The Client agrees to a monthly subscription contractual agreement term of service (“Term”). Service provided by the Provider is offered on a month-to-month basis at monthly and the Client can cancel at any time. This arrangement may be terminated by either party upon 30 days prior written notice to the other party. If the Client chooses to cancel, 30 days prior written notice is required so the Provider can adequately assist the Client with archiving a backup of the site and assisting the Client with the migration of the site to a new host.
The Client shall not be entitled to any refund of any monies under any circumstances should this agreement be terminated due to a violation of the Providers Terms of Service agreement located at the Terms of Service.
WordPress Hosting Payment Terms
The Client, is responsible for paying the Provider for monthly-subscription hosting. The Client may elect to pre-pay yearly.
Late Payment or Unpaid Service
Delinquent bills will accrue a 2% late fee if payment is not received within fifteen (15) days of the due date. An additional 2% penalty may accrue for each additional fifteen (15) days of delinquency. The Client shall pay all costs of collection, including and without limitations, reasonable attorney fees.
In addition, to any other rights and remedy provide by law, if the Client fails to pay for the service when due, the Provider has the option to treat such failure to pay material breach of this Agreement, and may cancel the arrangement and/or seek legal remedies.
Jason Holland, the Provider, does NOT warrant the functions supplied by web pages, consultation, advice, or that the website will meet the Client’s performance, expectations, or that the operation of the web pages will be uninterrupted or error-free. The ENTIRE risk as to the quality and performance of the web pages and website is with the Client. In NO event will the Provider (or the host, WP Engine) be liable to the Client or any third-party for any damages arising out of the operation of or inability to operate these web pages or website.
The Provider shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the Provider’s community and region, and will provide a standard of care equal to, or superior to, care used by graphic designers similar to the Provider on similar projects.
The occurrence of any of the following shall constitute a material default under this Contract:
- The failure to make a required payment when due.
- The insolvency or bankruptcy of either party.
- The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
- The failure to make available or deliver the Services in the time and manner provided in this Contract.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provisions, term or conditions of this Contract (including without limitations the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have fifteen days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligation gives the other party prompt written notice of such event, then the obligations of the party invoking the provision shall be suspended to the extent necessary by such event.
The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock outs, work stoppages. The accused party shall use reasonable efforts under circumstances to avoid or remove such causes of nonperformance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party or its employees, officers, agents, or affiliates.
Refunds, Additional Editing and Changes
Any requested changes required by the Provider to the description of the above stated service shall constitute additional editing and may incur additional charges and fees deemed necessary by the Provider. All additional changes must be submitted and approved by both parties in writing (email acceptable).
As detailed above, cancellation by the Client must be in writing within 30 days notice. The first month Term of Service subscription payment (setup charges) are not refundable under any circumstance. Refund of any additional monthly renewal fees paid to the Provider shall only be made for fully unused calendar months of service that the Client desires to cancel.
WordPress Website Hosting Point of Contact
The Client’s point of contact for their hosting service is with the Provider, Jason Holland. In the event of a Force Majeure emergency whereby the Client are unable to reach the Provider, the Client is encouraged to contact the host, WP Engine directly through the hosting dashboard (my.wpengine.com). Otherwise, depending upon the request, the host may redirect the Client back to the Provider.
Questions about this WordPress Website Hosting Agreement should be sent to Jason Holland.
This document last updated January 18, 2018.