Maintenance & Support Terms

Web Maintenance services are necessary for the functionality and longevity of the site, and are required for retaining Breakpoints ongoing support services. BP offers several Maintenance Service Plans. Pricing and service details are as published on Web Maintenance page.

Web Maintenance Plans

Maintenance Services include: regular updates and security patches for WordPress, the site Theme, applications, and plugins originally installed by Breakpoint, in real time*, as they become available. Additional services such as: back-ups, updates, minor error fixes, link repairs, and 24/7 security monitoring, are provided per Plan at a monthly subscription fee. A 12-month commitment is required, and fees are billed monthly at the beginning of each month. *Real-time refers implementation of updates/patches within 8 hours of email notice of availability.

Maintenance Services include limited design and/or content additions/changes for the site offered at one request per time – meaning one request must be completed before another can be made. Services exclude coding or theme changes, added features or functions (plugins), SEO services, and repairs or fixes third parties.

Monthly Maintenance services are invoiced and due on the first day of each month prior to the service period and no later than the 5th of the month. Maintenance services are considered late after 10 days and will be charged a late fee of $35 to continue services. Any disruption or non-payment of services over a 30-day period may cause the delay or cancellation of further maintenance 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.

Maintenance Service fees are based on the type and size of the website and are subject to change without notice.

The Client will be billed for the paid renewals, updates, or subscription fees for any web applications, extensions, or plugins required for the proper function, plus any additional support services and /or developer fees necessary, for the upkeep and maintenance of the Client’s website as designed.

Support Services

Support Services are provided at a limited number of minutes per month per Plan, as a part of a Client’s maintenance services. Support services include minor fixes and repairs, content additions and/or changes, installing blog content, uploading e-commerce products, and general support. Requests for services beyond the provided Plan minutes within the monthly period, will be billed at the stated hourly fee.

Breakpoint will not, under any circumstance, provide refunds in whole or partial for unused support time or services.

Support services may include consultations, reviews, advice, or instructions via phone, email, or zoom meetings. Time overages will be billed at the stated hourly fee.

Definitions

Breakpoint, BP, ‘we’, ‘us’, or ‘company’ – applies to Breakpoint WP, it’s owners, team, officers, partners, and operators.

Client – individual, company, organization, or entity requesting or being provided with maintenance and/or support services.

Services – applies to the maintenance or support services, and service 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 8 (twelve) hours or less, 7 (seven) days per week.

Service Definitions

NOTE: Not all services are provided in all plans.

Maintenance – is defined herein as a service providing an updated version of a 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 service time 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.

NOTE: Support services per plan are limited to subscribed time limit per month in a service period. Additional time will be billed at the stated hourly fee or determined to be a ‘new project’.

Terms of Service

Maintenance services are provided over a 12-month commitment period. You may cancel at any time during the contract period with payment in full of the balance owed on the contract amount. After the initial 12-month period, if services have not been canceled 30 days prior to the last day of the service period, a new 12 month period begins. No refunds or discounts will be provided for partial month cancellations.

The Client will continue to be billed for services unless the Plan is cancelled by either BP or Client, by 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 a time the balance and additional fees are paid in full.

Cancellation notices must be emailed to info@breakpointwp.com 30 days prior to the following month’s service.

Please Note: Payment for Maintenance Services does not imply Breakpoint’s ownership of the Client’s website.

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.

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.

Service Plans may be upgraded at any time (with payment for that plan) within a contractual period but downgraded only once. Client may request additional services for a given month with a single service, billed on an hourly basis at the stated hourly fee.

Service fees are based on the type, size and maintenance demands of the website, and subject to change.

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.
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 and unauthorized users.
Site Sweep & Clearing Cache – clears certain loading and formatting issues on sites and optimizes site speed.
Performance Optimization – clear cache and minify files for optimum page 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, blocking fake Google crawlers.
IP whitelisting and IP blocking
Email alerts of warnings and critical problems.

Payment

Maintenance 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.

The Client will be required to provide for the upkeep of Hosting, Domain Name(s), SSL Certificates, Site Security, and any annual fees and licensed plugins to keep the site running as intended.

Site Failure & Restoration

Obtaining, having, or paying for BP Maintenance Services does not guarantee that any website will not fail, be hacked, infiltrated by malware, or at optimum functionality. The risks and liability of owning and operating a website are solely with the Client. BP strongly encourages every Client to obtain backup services and encryption through SSL Certificates by their Hosting provider.

Should a site fail, BP will assist the Client in contacting the Hosting provider to determine the issue and possibility for restoring the site. Such assistance shall not exceed 4 (four) hours in any given period. All fees and costs in connection with restoring a website are to be paid by the Client.

Maintenance Services do not cover site fixes, changes, or additions by the Client or their assigns, nor due to any Third-party interactions, browser code changes, or services or interactions provided by the hosting service provider. Site repairs for such work will be billed at the stated hourly fee.

Service Term & Cancellation

Services are provided on a 12-month commitment basis. Client may cancel at any time by 30 days written notice during the contract period, with payment in full of the balance for the remaining commitment amount. After the initial service term, services will be continued on a new 12-month service term, unless cancellation for services has been received 30 days prior to the end of the 12-month term. No refunds or discounts will be provided for partial month cancellations.

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 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.

Breakpoint reserves the right to refuse, restrict, or terminate Client services at any time, for any reason, without liability.

Client's Responsibility for 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. Clients are strongly encouraged to add additional layers of site security from their respective hosting service(s), including daily backup services, and active SSL Certificates.

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 access and administration of the site is not strictly with us, 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 such 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 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 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.

Should you have any questions or concerns, please email: info@breakpointwp.com
Or call: (530) 559-9432