Evolution Site Manager
Service Terms & Conditions
Definitions
Client’s are required to provide their own Domain Name registration, Hosting services, and SSL Certificates. We recommend SiteGround, WP Engine, and Flywheel. We do not recommend GoDaddy or HostGator.
Breakpoint, BP, ‘we’, ‘us’, or ‘company’ – applies to Breakpoint WP, it’s owners, operators and team members.
Client – individual, company, organization, or entity requesting or being provided with site management, maintenance, and support services.
Services – applies to the content changes/additions, maintenance, and support services, and plans provided herein.
Real Time – refers to the notification period between receiving notification of an update provision for a plugin or application, and defined as within 12 (twelve) hours or less, 7 (seven) days per week. Most updates occur within 2 – 4 hours of notice receipt.
General Services
24/7 Security monitoring
24/7 Security Monitoring with Custom Firewall settings and Security Optimizer. Daily malware and virus scanning.
SEO & Analytics
Yoast SEO or RankMath SEO, and Google G4 Analytics site performance with reporting (per plan).
Design & Content Changes
Page layout design and content changes or additions by the Pro’s who built your site. Recommendations for content changes for user-experience or Goal Assessment adjustments.
Maintenance
Real Time* updates for Security Patches, Plugins, Applications, Themes, and WP Platform based on your specific site build. A local backup is made after each major update.
Support Services
Human support for questions or concerns. Help with errors, link fixes, site repairs.
Site Performance
SEO Auditing & Optimization
Evaluation of SEO analysis to identify errors that prevent the site from ranking well. We provide SEO content, on-page and technical, local audits.
Audit checklist includes:
- Identify link building opportunities.
- Find potential information architecture improvements.
- Find (and fix) thin content.
- Identify (and nix) duplicate content.
- Scan for keyword optimization.
- Optimize metadata.
- Identify page update opportunities.
- Run pagespeed analytics.
Asset Management & Optimization
Images are sized for intended use, compressed (optimized) and converted to WebP files for page load speed. Titles, alt tags and meta are then added for SEO.
User Experience Optimization
Assessment of user-experience and recommendations for improvement of navigation and page layout changes.
Site Performance Optimization
Site Performance Optimization is the process of refining the efficiency of systems and applications to improve their output, speed, or scalability, to drive more traffic and increase conversions.
Includes:
- Limiting the number of HTTP requests.
- Use of browser caching.
- Removing unnecessary render-blocking JavaScript.
- Limiting the use of external scripts.
- Limiting redirect usage.
- Minifying CSS and JavaScript files.
Content Management
Content Review & Error Fixes
Content review is necessary for quality assurance, audience alignment, and ensuring a consistent brand voice. Proofreading content reveals errors and adjustments that should be made to provide grammatical correctness, clarity, and alignment with site goals.
Blog uploads & Asset Curation
BP must be provided with the post content intended for the post. BP reviews the text, optimizes the content, uploads and styles the post page to maintain consistency and quality of the site. We can curate the featured images for posts, as well as provide sizing, optimization, and conversion to WebP file for page speed.
For Content Marketing and/or Social Media Marketing, please see our sister site at RealBrandMarketing.com
Design & Content Changes
BP provides on-request (1 request at a time) design (within the theme parameters) and content (text) additions or changes. The addition of a new page equates to 5 requests, and may require the total amount of monthly plan time to complete. Client to provide text content to be added or changed – BP reserves the right to edit for acceptability, fit, and SEO. Content Research & Development is billed at the standard hourly fee.
Service Definitions
NOTE: Not all services are provided in all plans.
Maintenance – is defined herein as a service providing an updated version of an platform, theme, application, plugin, or security patch; removal and/or replacement of outdated plugins or applications, clearing the cache, removal of unwanted comments, and user verification.
Support – is defined herein as any request for fixes and repairs for elements that aren’t working correctly, browser compatibility issues, mobile optimization issues, file repairs, DNS issues, or answers to questions – where such support is within the subscribed plan time period per month.
Design or Content Requests – are defined as any request for additions or changes that affect the appearance of the site, such content, products, images, or layout.
Terms & Conditions
Evolution Site Manager Plans require a 12-month commitment, and specific services are dependent upon the selected plan. Subscription payments are billed monthly at the beginning of each month, and are due no later than the 5th of the month.
Evolution Site Manager Plans may be upgraded at any time within a commitment period, but downgraded only once within a service term. If the Client fails to pay for the plan change, the original plan amount will immediately become due and payable.
The Client will continue to be billed for services unless the Plan is cancelled by either BP or Client with a 30-day written (email) notice prior to the following (upcoming) service period. If the cancellation occurs within the 12-month commitment period, the balance for services will become immediately due and payable. If the client fails to pay the outstanding balance, late fees will continue to accrue monthly until such time the balance and additional fees are paid in full.
Payments are considered late after 10 days, and will be charged a late fee of $35. Any disruption or non-payment of services over a 30-day period may cause the delay or cancellation of further services; and the outstanding balance of the Plan service period will become due and payable immediately.
BP shall not be liable for any service disruption, broken, downed, or missing sites, nor for any perceived or real damages, or loss of business or income due to the Client’s refusal, inability, or forgetfulness to pay for maintenance services in a timely manner.
Web Hosting & SSL Certificates
Subscribers to an Evolution Site Manager Plan with Managed WordPress Hosting at the commencement of their web project will receive a 15% Discount toward web design fees. Subscriptions must be maintained or paid in full for the full year to retain web fees discount. Subscriptions cancelled prior to the full term will incur the additional discounted amount as well as any outstanding subscription fees.
Subscribers to an Evolution Site Manager Plan with Managed WordPress Hosting at the commencement of a web project will receive an Elementor Pro Advanced (Agency Level) Licence good for the life of the subscription. Failure to make or complete payments for the full term of the subscription will incur the additional $99 licensing fee if the Elementor Pro was installed.
Subscribers who opt in for Managed WP Web Hosting with their Evolution Manager Plan will receive a free Wildcard SSL Certificate and the following upgrades: Daily Backups, Free CDN, Enhanced Security, and Site Caching for the life of the subscription. If the Plan ends or is terminated, hosting and additional services and products will be forfeit.
Failure to pay for subscription plan services may result in the removal of the website from public viewing within 30 days, and removal from the host server within 90 days. Breakpoint shall not be required to provide backup files, transfer, recover, or reinstall a website for which payment has not been made for 90 days.
Application Updates
Updates to the WordPress platform, Themes and plugins are provided for those installed by BP and licensed to the website; meaning BP may not have access to some updates due to prior ownership or licensed Pro versions. The Client may purchase additional licenses for the continued updates and maintenance of these items. Sometimes a plugin will no longer be supported by the theme and a new license must be purchased by the Client in order for us to maintain updates.
Content changes or additions do not include the addition of new pages, alterations to the Theme, plugins, code, or design of the site. These are considered as “new projects” and require additional payment. All content to be provided by the Client, unless included within a proposal by BP. BP reserves the right to edit content for fit, SEO, or acceptability. Imagery must be optimized for the site location.
Client may request additional services for a given month with a single service, billed on an hourly basis at the stated hourly fee.
Maintenance & Support Services
- Broken Link & Navigation – monthly link and navigation testing and repair (replace original or new link.)
- Theme, Application & Plugin Updates – updates to the WordPress platform, current theme (see licensing requirements), applications, and plugins.
- Security Patches & Updates – 24/7 Security Monitoring and security patch updates installed as they become available from the developers.
- Deprecated Plugin Removal – removal of deprecated plugins and replacement with similar plugin. Paid plugins and fees to be paid by client.
- Preemptive Repair and Replacement – when we receive notice of vulnerable application or plugin that can affect the site, BP may, at its sole discretion, remove or replace it.
- Spam & Comment Removal – removal of unsolicited spam comments, contact form messages, and unauthorized users.
- Site Sweep & Cache Clearing – removes bits of leftover code and clears certain loading and formatting issues on sites and optimizes site speed.
- Web Browser Compatibility – Monitoring of your website monthly across the five major web browsers, identifying problems caused by regular server updates and finding solutions for them in real time. Due to constant browser code revisions, we cannot guarantee 100% compatibility at any or all time.
- 24 / 7 Security Monitoring by WordFence:
- WordPress core file integrity verification.
- Malware, virus, and backdoor scanning.
- Scanning for known malware URLs in files, comments, pages and posts.
- Rate limiting firewall setup and blocking fake Google crawlers.
- IP whitelisting and IP blocking.
- Email alerts of warnings and critical problems.
Payment
Service Plans are invoiced on the 1st (first) day of each month prior to the beginning of the service period and are due upon receipt. Payment must be received no later than the 5th day of each month for scheduling purposes. If service fees are not received by the 5th of the month, maintenance and/or support services for the month may not be scheduled, nor provided, until such time as the service fee, plus a late fee of $35, is paid in full. A $55 charge will be incurred for insufficient funds / bounced checks per incident.
Payments 30 days late shall constitute a cessation of all Services, until such time that payment in full plus late fees is paid without any liability, real or implied, for BP.
Breakpoint will provide for the upkeep of Hosting, Domain Name(s), SSL Certificates, Site Security, and any annual fees and licensed plugins purchased by BP, to keep the site running as intended – unless, or until such time as the Client fails to pay Plan fees.
BP shall not be liable for any service disruption, broken, downed, or missing sites, nor for any perceived or real damages, or loss of business or income due to the Client’s refusal, inability, or forgetfulness to pay for services in a timely manner. BP reserves the right to remove the website from viewing for client’s failure to provide payment for Subscription Plan services.
Service Term & Cancellation
Services are provided on a 12-month commitment service term. Client may cancel at any time by written notice provided 30-days prior to following service period. If cancellation occurs during the commitment period, payment of the remaining balance will immediately become due and payable. If Client has cancelled and no payment has been made, BP reserves the right to remove the Client’s website from viewing, or delete the files from the server, at no liability to BP.
After the initial 12-month service term, services will be continued on a new 12-month service term, unless cancellation for services has been received 30-days prior to end of the initial 12-month term. No refunds or discounts will be provided for partial month cancellations.
BP will provide a notice of Plan and/or pricing changes 30 days prior to the end of service term. No notice will be given if the Plan and pricing remain the same.
Cancellations must be provided in writing (by email), within 30 days prior to the upcoming service period. A late fee of $35 per month shall be applied to each month of missed payments.
The Client under no circumstances will lock BP out of the Administration level dashboard of the website, nor reduce roles or access, such that BP can no longer provide the agreed services. Such an action will be seen as a breach of contract, whereas the remaining balance of the contract will become immediately due and payable, and no further services will be performed, even if they were paid for at the beginning of the month. No refunds in whole or part will be provided by BP. A reinstatement fee of $50 plus the Service Plan fees will be required prior to recommencement.
BP reserves the right to cancel services with a written 7-day notice; for any cause in its’ sole determination as a breach of this agreement; or for an inability to continue a relationship with the Client that is agreeable, civil, and/or in the best interest of both parties. BP reserves the right to cancel services for failure by the Client to consistently provide payment in a timely manner, payment interruptions, or payments made in bad faith. The Client’s website may be removed from view, or files removed from BP’s server at no liability to BP.
Breakpoint reserves the right to refuse, restrict, or terminate Client services at any time, for any reason, without liability.
Website Security
Maintenance, Support, and Security Monitoring services in no way imply that the Client’s website is secure, error-free, and will not be out-of-service for any amount of time. Installed security application(s) may secure against most illegal access attempts and IP blocking from login access. Security monitoring applications only monitor sites – and neither promise, nor guarantee that websites are completely secure from outside access or sophisticated, brute-force hacking attempts, but may provide notice should such an action occur.
BP employs WordPress best practices for security when building your website. However, studies have shown that a common way that hackers gain access to your web site is through keylogging programs installed on the infected computers of users. The Client agrees to protect any computer that will log into the website by: (1) Installing and maintaining updated security software, (2) Using the most up-to-date version of your preferred web browser, (3) Keeping the operating system patched with recommended updates, (4) Keeping versions of Flash and Java up to date if they are installed; additionally, (5) not leaving written passwords where they may be readily found, (6) not giving access to passwords to Third-parties (such access can be provided with a temporary login). All costs in connection with restoring the website are to be paid by the Client.
Disclaimer of Liability
- Where site access and administration of the site is not strictly within BP’s control, BP shall not be held liable for any service disruption, broken, downed, failed, or missing sites, nor for any perceived or real damages, or loss of business or income; nor shall we be required to provide additional services, or make or return any payments, or other reparations due to site failure. The risk and liability of owning and operating a website are solely with the Client.
- BP shall not be held liable for any service disruption, broken, downed, failed, or missing sites, nor for any perceived or real damages, or loss of business or income, due to conditions outside of our direct control. BP’s server is maintained by a trusted third-party provider, but in cases of unforseen, unknown, or other catastrophic disaster, BP shall not be held liable in any way.
- BP shall not be held liable for any service disruption, broken, downed, failed, or missing sites, nor for any perceived or real damages, or loss of business or income, due to the Client’s refusal, inability, or forgetfulness to pay for Services in a timely manner that may or may not have kept the site from failing. Nor shall BP be held liable for any concerns where we have notified the Client and received no answer.
- Failure by the Client to provide payment for domain and hosting renewals may cause the site to go offline, and the temporary or permanent loss of domain name(s) and website. BP is in no way responsible or liable for maintaining the Client’s domain, hosting services, SSL Certificates, email accounts, or any other services procured by the Client or on the Client’s behalf for the website and maintenance thereof.
- BP shall not be liable for any Client action or in-action which causes the site to fail in any way, including failure to provide payment for domains, hosting or renewal services, application fees, or support services.
- BP is not responsible nor liable for any Theme or plugin to work exactly as the Client would like. All applications have limitations and are solely under the control of third-party developers. BP is not responsible nor liable in connection with the WordPress application, or third-party themes, plugins, extensions, and add-ons.
- BP is not responsible, nor liable for any service disruption, broken, downed, or offline sites, nor for any perceived or real damages, or loss of business or income. It’s the Client’s responsibility to pay for services in a timely manner as described herein, and to bring to the attention of the BP any concerns they may have about their site.
- Maintenance, Updates, and Security Monitoring services shall in No way imply that the website is secure, error-free, and will not be out-of-service for any amount of time. Security monitoring applications only provide information that a breach may have occurred. The Client should always request and get additional security from their hosting service for added protection against illegal entry or brute-force hacking attempts.
- Breakpoint WP reserves the right to refuse, restrict, or terminate Client services at any time, for any reason, without liability.
See Terms of Service
Should you have any questions or concerns, please email: info@breakpointwp.com
Or call: (530) 559-9432
© 2024 Breakpoint | All rights Reserved. Terms updated: 4/04/2024
