Website Maintenance & Security Agreement
This agreement is a binding, legal contract between you, the Client and our business Black Iron Creative, the Company.
The Client is contracting the Company as a provider of website maintenance services. Services not considered ‘standard website maintenance and security’ are subject to be charged at the Clients regular hourly rate and will not be considered part of this contract.
What IS included in this agreement:
- Backups –Files backup schedule: Every 2 weeks, with up to 3 versions stored to cloud and local drives. Database backup schedule: Every 1 week, with up to 3 versions stored to cloud and local drives.
- Updates to Themes, Plugins, and core files – Scheduled every 1-2 weeks.
- Security – Software installed and monitored for malicious attacks and file changes.
- Uptime/Downtime Monitoring
While there is no 100% solution to website security, all of these options can greatly reduce the risks, and possible downtime in the case that something does happen. The Company makes no guarantees to complete website security.
What is NOT included in this agreement:
- Website redesign, edits, re-alignment, or re-development to any web page, website, or any graphics.
- CMS design or integration including but not limited to blogs, shopping carts and web forums.
- Any other edit to website content, software, or otherwise.
Total Agreement:
The Company shall provide the Client with ‘standard website maintenance and security’ to the website for an indefinite period of within this contract. The contract will be paid monthly with the 1st payment due as soon as initial setup is complete. Terms of these invoices are (full payment) within 15 days from the date of the invoice.
For the duration of this contract, the Client agrees that the Company will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the website. If a party other than the Company makes changes to the website, any errors that are created must be repaired and will be charged for at the Clients hourly rate.
Cost of re-installment or malware removal:
Any website re-installation services or malware removal that equals more than 2 hours will be charged the Clients hourly rate. In addition, any purchases of software or third-party assistance to remove malware will be purchased with written permission and billed to the Client.
Deadlines & Deliverables:
The Company will respond to all maintenance requests from Client within 36 hours on weekdays and 48 hours on weekends, via email, with a confirmation that the request was received, and an estimated completion date for each action item in the request. Most requests will receive a response within this time frame, this is mostly precautionary.
The Company will adhere to all deadlines for the deliverables in the maintenance requests when possible. In the event that the Company has any issues in delivering on any deadline, the Client will be notified via email or telephone. The Company will not be held liable for any loss if they cannot reply or make corrections to the website in any set amount of time.
Cancellation
If service is canceled by either party the Company shall be given appropriate time to remove their accounts and services from the Clients systems. All backups of the Client data will be stored for no more than 2 weeks after either party is notified of cancellation. If the Client requests data to be stored for a longer period or if the Client requests the data be transmitted to them a fee will apply.
Additional Services:
Any revisions, additions, or redesign the Client requests the Company to perform that is not specified in this document shall be considered “additional” and will require separate agreement and payment.
Authorization:
The Client hereby authorizes the Company to access their website CMS, web hosting account, providing active user name / password combinations for access to the server via FTP, assuring that ‘write permissions’ are in place on said hosting provider.
Legal:
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona applicable therein.
By completing payment you agree to the terms of this document.
Website Hosting Terms and Conditions
Effective Date: 3-31-26
Company Name: Black Iron Creative
1. Acceptance of Terms
By accessing or using our hosting services, you agree to be bound by these Terms and Conditions. If you do not agree, you may not use our services.
2. Services Provided
Black Iron Creative provides website hosting, domain-related services, and related digital infrastructure. We reserve the right to modify, suspend, or discontinue any service at any time.
3. Account Registration
- You must provide accurate and complete information.
- You are responsible for maintaining the security of your account.
- You are responsible for all activities under your account.
4. Acceptable Use Policy
You agree NOT to use our services to:
- Host or distribute illegal content
- Engage in hacking, phishing, or malicious activity
- Send spam or unsolicited communications
- Violate intellectual property rights
- Distribute malware or harmful code
We reserve the right to suspend or terminate accounts that violate this policy.
5. Payment and Billing
- Services are billed in advance on a recurring basis.
- Fees are non-refundable unless otherwise stated.
- Failure to pay may result in suspension or termination.
- Prices may change with prior notice.
6. Service Availability (Uptime)
We strive for high uptime but do not guarantee uninterrupted service. Scheduled maintenance and unforeseen outages may occur.
7. Backups and Data Responsibility
- Customers are responsible for maintaining their own backups.
- While we may provide backup services, we do not guarantee data recovery.
- We are not liable for data loss.
8. Termination
We may suspend or terminate your account:
- For violation of these terms
- For non-payment of any invoice on the account, even if it is not hosting related
- If required by law
You may cancel your account at any time. No refunds will be issued unless stated otherwise.
9. Non-Payment and Control of Content
In the event of non-payment or failure to maintain an active account in good standing:
- We reserve the right to suspend access to your website, files, and associated services without notice.
- We may restrict, disable, or remove public access to your hosted website.
- We reserve the right to take administrative control of the hosting account and all associated Content until outstanding balances are paid in full.
- If payment is not received within a reasonable period of time, we may permanently delete, archive, or otherwise dispose of your Content and account data without liability. A grace period of no more than 10 days will be allow, unless approved by Black Iron Creative
You acknowledge that failure to make timely payments may result in loss of access to and/or loss of your website and data.
10. Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for indirect, incidental, or consequential damages
- Our total liability shall not exceed the amount paid for services in the past 3 months
11. Indemnification
You agree to indemnify and hold harmless Black Iron Creative from any claims, damages, or liabilities arising from your use of the services.
12. Intellectual Property
- You retain ownership of your content, except for issues regarding non-payment
- We retain ownership of our platform, technology, branding, and paid services
13. Privacy
Your use of our services is also governed by our Privacy Policy.
14. Changes to Terms
We reserve the right to update these Terms at any time. Continued use of the services constitutes acceptance of the updated Terms.
15. Governing Law
These Terms shall be governed by the laws of the State of Arizona, United States.