WordPress Support & Maintenance
Terms of Service
(Includes BuildUp, BeefUp, PowerUp & 10-80hr Time Bucket)
Last modified October 31, 2016
The following terms and conditions govern all AZENCE services including all content, services, and products available at or through the website, including, but not limited to, BuildUp, BeefUp, PowerUp and 10-80 Hour Time Bucket, (taken together, our Services). Please read this Terms of Service carefully before purchasing or using our Services.
BY ACCESSING AND USING THE SERVICES IN ANY MANNER, YOU ARE “ACCEPTING” AND AGREEING TO BE BOUND BY THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU SHALL NOT (AND SHALL HAVE NO RIGHT TO) ACCESS OR USE THE SERVICES.
Wherever used in these Terms of Service, “you”, “Client”, “Customer”, or similar terms means the person or legal entity accessing or using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.
We reserve the right, at any time, to update and change any or all of these Terms of Service, in our sole discretion, including but not limited to the fees and charges associated with the use of the Services. If we do so, we will post the modified Terms of Service on www.azence.com (the “Site”), though we will notify you of any changes that, in our sole discretion, materially impact these Terms of Service.When we change these Terms of Service, we will modify the “Last Modified” date above.
This agreement is entered into between you, your Company, hereafter “Client”, and AZENCE, hereafter “AZENCE” whose address is 3644 Pinedale St, Boulder, CO 80301, USA.
You are engaging AZENCE for the specific purpose of maintaining and supporting a website that is currently installed within your chosen hosting environment or recommended by AZENCE. You hereby authorize AZENCE to access this account, and authorize the web hosting service to provide AZENCE with Full access to SSH, FTP, Databases, and all related panels for the Client’s webpage directory, cgi- bin directory, and any other directories or programs which need to be accessed for the purpose of supporting and maintaining the website.
3. SUPPORT RENDERED
Included in Services:
- Graphic Design
- Web Design & Development
- Content Changes & Updates via your WordPress CMS
- Bug Fixes
- Minor Enhancements
- SEO (if BeefUp, PowerUp is purchased)
- Social Media (if PowerUp is purchased)
- Other services mentioned in WordPress Support
Excluded from Services:
- Large scale graphical or styling changes
- Large scale functional or structural site changes or development
Due to the complex & technical nature of websites, AZENCE will use our extensive experience and professional judgment to determine whether an item of work can be included or must be excluded within the existing support agreement. If it cannot be included in support, or would require hours outside your Service plan, we will provide you with a written quote for the additional services.
4. SITE AUDIT
In order for us to familiarize ourselves with your site’s code, structure etc., we may be required to perform a comprehensive site audit. The site audit process is designed to examine critical areas of your site, especially if it’s built as a custom PHP site. Our Audit Engineers carefully analyze your code for errors, performance standards, and compliance with best practices.
To help cover a small portion of the costs incurred by us, we ask that new Clients pay a discounted fee $800 per site for a comprehensive site audit. Site audits are strongly
recommended for new Clients, especially if they have a site that is not in WordPress.
5. SOURCE VERSION CONTROL
For Clients who do not maintain their own secure staging environment and their code under version control, AZENCE may create and maintain such an environment. AZENCE may install GIT version control on your production server.
6. CONTACTING CLIENT SERVICES
AZENCE client services is staffed Monday through Friday 9am-5pm MST, excluding major holidays. Most responses will be provided during this time. Our support teams may work outside of these hours in order to provide faster response times, in which case you may get updates sooner than expected but this is not a mandatory requirement on our part and should not be deemed as the normal expectation.
AZENCE will setup an area within Basecamp to manage clients. This Basecamp account should be used to notify AZENCE of any routine requests, urgent queries, or to discuss an ongoing ticket which has already been raised through BaseCamp. Client will be assigned a Project Manager who will keep Client posted on the status of tasks.
7. CLIENT RESPONSIBILITIES
Clients should always attempt to provide the following information when submitting a request:
1. Full description of problem(s) or request(s)
2. Full description of any error message(s)
3. Any applicable URL (s) involved
5. Time and date when the problem was experienced 6. Browser and Operating System versions
7. Screen shot(s) – if applicable.
All contact should be made via your authorized named contact. This person or stakeholder is someone in your organization who is recognized by AZENCE as being authorized to contact AZENCE for support services.
8. AZENCE RESPONSIBILITIES
AZENCE will confirm that the support agreement is in-force before responding to any support queries.
All messages requiring action will be logged by a support specialist.
Requests for work will be scheduled according to an assigned priority and availability of staff resources.
The support telephone and chat is answered by a member of the support team.
All requests will receive an initial response within 1 business day to verify the
nature of the issue and/or set up a time for resolution.
AZENCE agrees to hold confidential any usernames, passwords, and related information that the Client has made available during the course of the support engagement. AZENCE acknowledges and agrees that the Clients web concepts, the ideas associated with it, its form, and any and all ensuing series or derivations based upon it, constitute valuable trade secrets and proprietary information and data of Client and that they are and shall at all times remain the sole and exclusive property of Client and that Client has all right, title and interest therein.
AZENCE agrees that its’ contractors shall use reasonable efforts to hold in strict confidence any and all sensitive information that is in any manner related to the Client. AZENCE and its’ contractors agree not to disclose or transfer, directly or indirectly to any individual or 3rd party any proprietary information unless specifically authorized in advance by Client, in writing.
During the course of interaction with AZENCE the Client will come to know about concepts, systems, methodologies, ideas, presentations, surveys, portfolios, customer references and other proprietary information of AZENCE, which constitute valuable trade secrets of AZENCE. The Client agrees that it shall use reasonable efforts to hold in strict confidence all such information.
Your first invoice will include the first month’s charges. Invoices for support agreements will be sent out electronically by email on or about the 1st of every month. Terms of these invoices are PAID MONTHLY. All payments will be made in US funds. Late payments will incur interest fees at 1.5%.
We may use 3rd party tools or software to remedy some issues. AZENCE will not be
held responsible for the failure of any tool or software used, but will work diligently to remedy any issue that may arise due to interruption or failure of any tools or software.
AZENCE offers two forms of payment for our online services. You can choose to pay via Credit Card (Stripe or Paypal) or Paypal. Since our BuildUp, BeefUp, and PowerUp services require a 3 month engagement, your credit card information will be securely stored and automatically charged following the second month of service. Contact AZENCE if you’d like to make arrangements for other forms of payment.
You may cancel your BuildUp, BeefUp or PowerUp and request a full refund within the first thirty (30) days of your service, after your payment has been processed. Your BuildUp, BeefUp or PowerUp Subscription may be cancelled for the upcoming month, but refunds will not be given for prior months after the first thirty days.
14. SOLE AGREEMENT
This “Terms of Service” constitutes the sole agreement between AZENCE and you the Client regarding this service engagement. Any additional work not specified in this agreement must be authorized by a written change order.