You are engaging Mountaintop Web Design (“MWD”), as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize MWD access and “write permissions” to all files and directories of your account with any third-party hosting provider, as well as permission to install any needed WordPress plugins for maintenance and security.
MWD does not assume any responsibility or liability for the content of the websites it manages, maintains, and/or hosts.
PRICING & PAYMENTS
All prices appearing on this site are subject to change without prior notice. Once a client of MWD, you authorize MWD to charge the payment method you submitted for all the invoices generated for the services rendered by MWD. To cancel your recurring payment or change payment method, simply contact MWD prior to your payment’s due date.
Late Fee: A monthly service fee of 1.5 percent, or the maximum allowed by law, is payable on all overdue balances. The terms of payment are stipulated on the invoice.
Crediting Late Payments: Payments will be credited to late payments first, then to unpaid balances.
Collection Expenses: Client shall pay all collection or legal fees caused by late payments.
Monthly Care Plans: Client will be automatically billed on their credit card 30 days after the last payment was made. This may be cancelled by the client anytime after the first 60 days. Billing is based on 30 day segments and no partial or prorated refunds will be given.
CANCELATION & REFUNDS
Cancellation of any monthly recurring service can occur any time after your first 2 months (60 days) of service. No Refunds are available after your purchased package or service has been started, unless otherwise specified in any authorized means of communication by MWD.
MONTHLY CARE PLAN
The Extreme Care Plan is based on a 30 day period. The month will start when the payment is submitted and will end 30 days after this payment. A client may start their Extreme Care Plan on any day during the month. MWD will track services rendered during each 30 day time frame.
MWD reserves the right to change the features of any care plan at any time without prior notice.
WEBSITES NOT BUILT BY MWD
If a website was not built by MWD, MWD will not be held responsible for any coding, plugin, or theme compatibility issues that may arise due to improper setup of the website. If issues arise that must be fixed in order to get the site up and running with the modern versions of the software, MWD will provide an estimate prior to completing any work on the site.
The performance optimization package included on its own or with the Extreme WordPress Care Plans includes the following items:
- Removing unnecessary plugins causing speed issues
- Basic image optimization (anything requiring in depth or advanced image optimization will be quoted separately)
- Website caching plugin to speed up the website
- Lazy loading of images so important and visible images load first
- Website Compression & Minification
Items that are not included as part of the performance optimization package include: changing how a video is served to the website and where it is served from, advanced image optimization, fixing coding issues preventing proper site optimization, and fixing/repairing coding issues that allow images to be served at the proper size based on device.
Each client is required to have their own hosting account. We strongly believe the client’s website(s) and domain name(s) are their property and they have the right to full access of their account. Client understands and agrees that any web hosting services require a separate contract with a web hosting service. Client agrees to select a web hosting service which allows MWD full access to the website. (We prefer you use us!)
BACKUPS OF WEBSITE
Unless a prior website backup has been made within the past 45 days by MWD and/or its designee, it is our policy that we make a backup. MWD cannot guarantee that we will have a backup of your site forever. MWD will not be liable for missing or incomplete backups of websites.
REFUSAL OF SERVICE
MWD reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content, or for any other reason. MWD is committed to providing family friendly websites and content for our clients.
SECURITY AND PERSONAL INFORMATION POLICY
Our clients are the most important part of our company. As such, we take your security and personal information very seriously at MWD. We hold onto a client’s account information for support purposes only. If a client is in need of support, we have the information on file in order to assist them. Access to account information is only given to approved employees of MWD. We never release these passwords to anyone without our client’s permission. In addition, our client’s information is NEVER sold or given to others.
We work hard to protect your information like it is our own. We take numerous precautions to make sure no information falls into the wrong hands. We store confidential data in a secure password vault, which requires two factor authentications. This provides an extra layer of security for our client’s information. Additionally, all the information is sent with encrypted SSL technology between our devices and servers.
THIRD PARTY OR CLIENT PAGE MODIFICATION
With a WordPress based website, clients can independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by client and MWD. If anyone other than MWD or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $50 per hour beyond the time allotted in the monthly care plan. There is a fifteen (15) minute minimum in this situation.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
MWD does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free. MWD does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and MWD disclaims any liability relating thereto.
You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use. The entire risk as to the quality and performance of the webpages and website is with client.
To the extent not prohibited by law, in no event will MWD be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if MWD has been advised of the possibility of such damages. Additionally, in no event will MWD be liable for any content provided by clients. Client shall indemnify and hold harmless MWD and its managers, employees, agents, affiliates, and subcontractors from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including attorneys’ fees and costs) which arise out of, relate to or result from any act or omission of MWD on Client’s website.
This Work Statement Agreement is governed by the laws of Colorado without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with MWD or relating in any way to your use of the created webpages or Internet website resides in the courts of the Colorado.
Please note that by submitting your payment, you are agreeing to all our terms of service as they are written here. MWD reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties.
Please contact us with any questions regarding the MWD terms of service by email [email protected]