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Maintenance Terms and Conditions

Our website maintenance plans are subject to the following terms and conditions:

These Website Maintenance & Support Terms and Conditions (the “Agreement”) are entered into by and between Light Alive Marketing (“Light Alive Marketing,” “we,” “us,” or the “Agency”) and the Client identified in the subscription data (the “Client”), and govern the Agency’s ongoing maintenance and support of the Client’s website (the “Website”) under the Agency’s Maintenance & Support Plan.

1. Scope of Services

Monthly Maintenance & Support Plan includes the following services (the “Services”):

BASIC MAINTENANCE PLAN

  • Technical maintenance and updates of all software installed on the Website (e.g., CMS core, themes, and plugins).
  • Downtime monitoring.
  • Installation of a firewall to help protect the Website against hacking attempts.
  • Daily backups of the Website.
  • Management of the Website’s hosting account, including renewals and technical issues.

ADVANCED MAINTENANCE PLAN

  • Technical maintenance and updates of all software installed on the Website (e.g., CMS core, themes, and plugins).
  • Downtime monitoring.
  • Installation of a firewall to help protect the Website against hacking attempts.
  • Daily backups of the Website.
  • Up to one (1) hour of content updates per month. Additional content update time will be billed at the Agency’s current hourly rate (currently $110/hour).
    • Updates include: Copy, images, new sections/modules, minor changes in navigation, basic integration of third party software, updating links, embedding content, and more.
    • Updates do NOT include: Major reconstruction of the website, major changes to navigation or navigational structure, creation of new features, establishing a blog structure, major technical changes, and more. 
  • Management of the Website’s hosting account, including renewals and technical issues.
  • Advanced speed optimization for faster Website loading.
  • Regular malware scans and removal.
  • Full site restoration at no additional cost in the event of a site crash caused by software errors, update conflicts, or malware attacks, as further described in Section 6.

Services not listed above (e.g., new feature development, redesigns, e-commerce or payment integrations, or migration to a new host or platform) are not included and may be billed as additional work at the Agency’s then-current hourly rate or as otherwise quoted and approved by the Client in writing before work begins.

2. Commencement and Term

Services will begin on the date this Agreement is signed and the Client’s initial payment is received. This Agreement continues on a month-to-month basis and is not for a fixed term, subject to the terms below.

3. Terms and Conditions

  • Monthly rates are subject to change. The Client will be notified in writing of any rate changes.
  • Maintenance & Support contracts are not termed and are charged month by month.
  • Plans may be changed upon the Client’s request, with the change taking effect 15 days after the request.
  • Cancellation of Services must be provided in writing at least 15 days prior to the termination of Services.
  • Automatic payment setup is required for monthly maintenance plans. Payment methods must be set up via credit/debit card or bank draft.
  • If automatic payment is not received within 5 days of the due date, all Services will be paused until payment is received.
  • Invoices more than 15 days overdue may incur late fees.
  • Light Alive Marketing will store the Client’s information securely and will not share the Client’s information with any other parties under any circumstance, except as required by law or as necessary to provide the Services (e.g., with hosting or software providers).
  • By subscribing to the Agency’s Maintenance & Support plans, the Client agrees to these Terms and Conditions.

4. Security Practices

The Agency uses commercially reasonable, industry-standard security practices — including the firewall, daily backups, and malware scanning described in Section 1 — to help protect the Website, but no website can be guaranteed to be fully secure.

The Client acknowledges that:

  • No security measure, software, or practice — including a firewall, malware scanning, or any other tool — can guarantee that a website will never be compromised. New vulnerabilities are discovered on an ongoing basis, including in third-party software the Agency does not control (e.g., plugins, themes, hosting infrastructure, or the wider internet).
  • Security also depends on factors outside the Agency’s control, including the Client’s own account credentials and users, the Client’s hosting provider, third-party integrations, and actions taken directly by the Client or the Client’s other vendors on the Website.
  • The Agency’s obligation under this Agreement is to use reasonable, good-faith efforts consistent with prevailing industry security practices — not to guarantee an outcome or a hack-proof website.

5. No Guarantee; Limitation of Liability for Security Incidents

The Agency does not guarantee that the Website will be free from unauthorized access, hacking, malware, or other security incidents. To the maximum extent permitted by law, the Agency is not liable for any loss, damage, or expense arising from a hack, data breach, malware infection, denial-of-service attack, or other unauthorized access to the Website, including any resulting damages suffered by the Client or the Client’s customers, users, or other third parties.

This limitation applies regardless of the legal theory asserted (contract, tort, negligence, or otherwise), and includes, without limitation:

  • Lost revenue, lost profits, or business interruption;
  • Loss, corruption, or unauthorized disclosure of data, including customer or personal data;
  • Costs of investigation, remediation, notification, credit monitoring, regulatory fines, or third-party claims arising from a security incident; and
  • Reputational harm to the Client or its business.

This limitation does not apply to the extent a security incident is directly caused by the Agency’s gross negligence, willful misconduct, or intentional breach of this Agreement.

6. Site Restoration as Exclusive Remedy

As described in Section 1, if the Website crashes or otherwise stops functioning due to a software error, an update conflict, or a malware attack, the Agency will restore the Website from the most recent available backup at no additional cost, on a commercially reasonable timeline. Except in cases of the Agency’s gross negligence, willful misconduct, or intentional breach of this Agreement, this restoration is the Client’s sole and exclusive remedy for such an event, in place of any other damages or compensation. Restoration is limited to the content and data captured in the most recent backup; the Agency is not responsible for content or data created or changed after that backup and lost as a result of the incident.

Nothing in this Agreement replaces the need for the Client to maintain its own appropriate insurance (e.g., cyber liability insurance) and to comply with any data protection or breach-notification obligations applicable to the Client’s own business and customers.

7. General Limitation of Liability

To the maximum extent permitted by law, the Agency’s total liability arising out of or related to this Agreement, for any cause whatsoever, will not exceed the total fees paid by the Client to the Agency in the three (3) months immediately preceding the event giving rise to the claim. In no event will the Agency be liable for any indirect, incidental, consequential, special, or punitive damages, even if advised of the possibility of such damages. Nothing in this Agreement limits liability that cannot be limited under applicable law.

8. Client Responsibilities

  • Provide timely access to hosting, domain, CMS, and any other accounts or credentials reasonably needed for the Agency to perform the Services.
  • Promptly notify the Agency of any suspected security issue, unusual website behavior, or unauthorized access.
  • Maintain the confidentiality of any credentials retained by the Client, and promptly change credentials if a compromise is suspected.
  • Ensure that any content, plugins, integrations, or changes made by the Client or the Client’s other vendors comply with applicable law and do not introduce security vulnerabilities.
  • Keep automatic payment information current, as described in Section 3.

9. Ownership and Data

The Client owns and retains all rights to its Website content, data, and any pre-existing intellectual property. Backups, credentials, and access created or held by the Agency in the course of providing the Services belong to the Client and will be made available to the Client upon request or upon termination of this Agreement.

10. Confidentiality

Consistent with Section 3, the Agency will store the Client’s information securely and will not share it with other parties under any circumstance, except as required by law or as reasonably necessary to provide the Services (for example, with hosting providers or software vendors used to deliver the Services). Each Party agrees to keep confidential any other non-public business or technical information disclosed by the other Party in connection with this Agreement.

11. General Provisions

  • Entire Agreement: This Agreement constitutes the entire agreement between the Parties regarding the Services and supersedes all prior discussions or agreements on the subject.
  • Amendments: Except for rate changes and plan changes as described in Section 3, this Agreement may only be modified by a written amendment signed by both Parties.
  • Assignment: Neither Party may assign this Agreement without the other Party’s written consent, except in connection with a merger, acquisition, or sale of substantially all assets.
  • Governing Law: This Agreement is governed by the laws of the State of Oklahoma, without regard to conflict-of-law principles.
  • Severability: If any provision of this Agreement is found unenforceable, the remaining provisions remain in full effect.
  • Notices: Notices under this Agreement must be sent in writing to the addresses listed above, or to such other address as a Party may designate in writing.

By subscribing to our services, you agree to all terms and conditions outlined on this page.