Last Updated: December 6, 2024
By purchasing a Website Care Plan with GreenHouse Creative, LLC (hereinafter referred to as “GreenHouse”), you (hereinafter referred to as “Client”) enter an agreement with GreenHouse and agree to the following terms:
Scope of Services
Client hires GreenHouse to provide ongoing services related to website maintenance.
All Website Care Plans Include:
- Website hosting
- Weekly plugin updates with visual validation
- Daily off-site backups + 90 days of backup storage
- Security monitoring + malware clean-up
- License to use premium tools:
- Elementor Pro or Bricks Builder Page Builders
- WP Rocket
- Short Pixel
- Perfmatters
- Termageddon Privacy Policy and Website Terms of Use
- Postmark
- Annual Website & SEO video audit on Client’s Website Care anniversary
The Maintenance + Updates Plan Also Includes:
- Technical support and troubleshooting
- Unlimited 30-minute Edit Requests – defined as any request that takes 30 minutes or less and can generally be completed within the admin panel of your WordPress website when Client provides all copywriting and images.
Examples of Edit Requests include:- Publishing blog posts with text documents and images provided by Client
- Creating new web pages from existing layouts with text documents and images provided by Client
- Adding, removing, or editing text on posts, pages, or products
- Uploading images provided by Client and adding to pages
- Adding SEO keywords, titles, snippets, etc. provided by Client
- Adding, removing, or editing menu items
- Configuring pop-ups or notification bars based on text, images, and examples provided by Client
- Creating image galleries from images provided by Client
- Adding, removing, or editing users
- Uploading PDF’s provided by Client
- Adding, removing, or editing form fields
Repair of Website Issues Caused by Client
Any work required to remedy an issue where a change or update Client made to WordPress Core, Plugins, Themes, or Content caused problems to the overall functioning of the website will be discussed with the Client before completing any work. Services to repair issues caused by Client changes are not included the the Website Care Plan and will be invoiced separately.
Client Responsibilities
Client agrees to:
- Provide GreenHouse with an Administrator account on the website
- Provide login information for website domain registrar and DNS hosting
- Host website in GreenHouse’s agency hosting account
- Allow installation of GreenHouse’s website care plugin
- Not to deactivate, delete, or alter GreenHouse’s website care plugin
- Submit Tech Support and Edit Requests in accordance with GreenHouse’s website care policies
- Make best effort to respond to communications from GreenHouse within forty-eight (48) hours
Service Requests
It is Client’s responsibility to notify GreenHouse of any technical issues on the website and request service to remedy issues. Client can submit a request for service by completing the form in the Client Portal or sending an email to clientsupport@greenhousecreative.co
Availability and Support Schedule
GreenHouse’s Website Care Team support schedule is as follows:
- Updates to WordPress Core, Themes, and Plugins are completed weekly after business hours on Tuesday.
- Support and Edit Requests sent via email are logged into the tracking system weekly on Monday, Wednesday, and Friday. Requests sent via the client portal form are logged automatically.
- Support and Edit Requests are completed in the order logged weekly on Wednesday.
- Client may request a desired delivery date when submitting a request. Urgent requests with a desired delivery date may be worked outside of this schedule, subject to team availability. Client agrees to allow at least two (2) business days for these requests.
GreenHouse business hours are Monday – Friday 9:00 AM – 4:00 PM Central Time. Client understands that GreenHouse may not be available after normal business hours.
GreenHouse’s office is closed for all U.S. Holidays. Additionally, GreenHouse practices a “Quiet Week” during the week of Thanksgiving and the week of Christmas. During “Quiet Weeks”, GreenHouse operates in a emergency-only capacity. GreenHouse will provide support for critical matters that suspend business operations. Work on all other requests will resume on the following Monday.
Subscription Fees
Client acknowledges that GreenHouse does not offer refunds or early cancellations to subscription services.
Client agrees to enroll in monthly or yearly auto-payments. If payment fails, Client agrees to provide a new payment method within 10 days of the failed payment. If payment is not received within 10 days, the contract will be terminated.
Cancellation
Client may cancel the Website Care Plan by sending a written request to clientsupport@greenhousecreative.co. Cancellation requests must be submitted at least seven (7) days prior to the next billing date. If notice of termination is not submitted at least seven (7) days prior to the next billing date, Client is responsible for the next billing period.
Upon cancellation, Client is responsible for purchasing a hosting account and licenses for each premium tool to continue use.
GreenHouse will provide migration support to update license keys and assist the new host provider to migrate Client’s upon request. This request must be made in writing at least seven (7) days before the end of the last paid billing period and include all license keys or account usernames and passwords needed to complete the request.
GreenHouse will delete Client’s website from the hosting account and remove all license keys fourteen (14) days after the end of the last paid billing period.
Confidential and Proprietary Information
Each party acknowledges that information disclosed to it by the other in connection with this agreement is confidential and proprietary and that it shall remain the property of the disclosing party. Each party shall treat all information from the other as confidential and proprietary. The receiving party shall take all reasonable and necessary precautions to prevent such information from being made known or disclosed to any person or entity except in accordance with this engagement. However, if the receiving party is required by legal process or action of government agencies to disclose any information, it may do so. The receiving party shall promptly notify the other of such requirements so that the other may take whatever action it deems appropriate to protect such information against disclosure.
Confidential information does not include information, technical data, or know-how which:
- Is in the possession of the receiving party at the time of disclosure as shown by the receiving party’s files and records immediately prior to the time of disclosure; or
- Prior or after the time of disclosure becomes part of the public knowledge or literature, not as a result of any inaction or action of the receiving party or is approved for release by the disclosing party.
- GreenHouse shall not be precluded from using data regarding Client received during the performance of this engagement in materials published by GreenHouse provided that Client is not identified nor identifiable as the source of the data.
Client shall treat as confidential all information, records, computer files and documents of GreenHouse and handle and dispose of them in the same fashion as required of GreenHouse.
Relationship of Parties
It is understood by the parties that GreenHouse is an independent contractor with respect to Client, and not an employee of Client. Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of GreenHouse.
Use and Cost of Third-Party Assets
GreenHouse warrants and represents that, to the best of their knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that GreenHouse has full authority to make this agreement; and that the work prepared by GreenHouse does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that Client or others may make of GreenHouse’s product that may infringe on the rights of others. Client expressly agrees that it will hold the GreenHouse harmless for all liability caused by the Client’s use of the GreenHouse’s product to the extent such use infringes on the rights of others.
Warranty and Limitation of Liability
Neither party shall be liable hereunder for special, indirect, consequential or incidental losses or damages of any kind or nature whatsoever, including but not limited to lost profits, lost records or data, lost savings, loss of use of facility or equipment, loss by reason of facility shutdown or non-operation or increased expense of operations, or other costs, charges, penalties, or liquidated damages, regardless of whether arising from breach of contract, warranty, tort, strict liability or otherwise, even if advised of the possibility of such loss or damage, or if such loss or damage could have been reasonably foreseen.
Except as otherwise expressly provided herein, damages shall be Client’s exclusive remedy hereunder and GreenHouse’s liability hereunder, regardless of the form of action, shall not exceed the total amount paid for services under this agreement. GreenHouse’s liability shall not be so limited with respect to injuries to persons or damage to tangible property arising out of the negligence or willful misconduct of GreenHouse or its subcontractors.
While performing tasks related to this contract GreenHouse cannot accept liability for losses caused by the unavailability, malfunction or interruption of the Client’s website. GreenHouse cannot guarantee that its work will be error-free and so GreenHouse also cannot be liable to the Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if the Client has advised GreenHouse of the possibilities of such damages.
No action, regardless of form, arising under this Agreement, may be brought more than one year after the cause of action has arisen, except that an action for nonpayment may be brought within one year after the date of the most recent payment.
Results
CLIENT RECOGNIZES AND AGREES THAT GREENHOUSE HAS MADE NO WARRANTIES, PROMISES, OR GUARANTEES REGARDING THE RESULTS OR REVENUE TO BE GENERATED FROM ENTERING INTO THIS AGREEMENT OR THE ENGAGEMENT OF GREENHOUSE FOR MARKETING. Client agrees that any presentations, proposals, or projections made by GreenHouse are estimates only and do not represent a guarantee. Furthermore, Client acknowledges that the ultimate success or failure of their business rests with Client.
Governing law, severability, dispute resolution and venue
These Terms shall be governed and construed in accordance with the laws of the state of Florida, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Walton County, Florida.
YOU AND GREENHOUSE CREATIVE, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.
Questions
If you have any questions about our Terms of Service, please contact us at clientsupport@greenhousecreative.co.
