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Website Maintenance Agreement

Last Updated: January 31, 2025

Website address: lucylynnecreative.com

This Website Maintenance Agreement (“Agreement”) is hereby entered into between you, your employees and agents (collectively “Client”) and applies to the purchase of all monthly website maintenance services or plan (hereinafter collectively referred to as “Maintenance Services” or “Maintenance Agreement”) ordered by Client. The agreement is set between the client and Lucy Lynne Knutson, sole owner of Lucy Lynne Creative (hereinafter collectively referred to as “Lucy Lynne Creative”).

Term and Termination

This Agreement shall be effective as of the time frame Client signs up for Maintenance Services. This Agreement may be terminated by either party upon 30 day written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Lucy Lynne Creative (i) immediately if Client fails to pay any fees hereunder; or (ii) if Client fails to cooperate with Lucy Lynne Creative or hinders Lucy Lynne Creative the ability to perform the Maintenance Services hereunder.

Maintenance Services

Lucy Lynne Creative agrees to provide Client with Maintenance Services as described in this Agreement and in the notes section of their accepted estimate(Harvest). Since each agreement is outlined within the estimate/invoice please refer to the estimate/invoice that you received and approved, but may include the following.

  • Updates to text, images, and other minor changes to Client’s website pages. The amount of time dedicated towards these tasks each month is not to exceed three hours per month as outlined in the Maintenance Agreement.
  • Any website support requests, above and beyond what is outlined in package, or WordPress questions requiring a response by Lucy Lynne Creative will count towards the monthly allotted time.
  • Upgrades to Client’s content management system(WordPress), including plugins and themes.*
  • Validate a backup of the website is preformed on a daily basis by the Hosting company that the client is using.*
  • Validate ability to recover website files from backups.*

*These are tasks that are done EVERY month. Some items, such as updates, only occur when necessary and when we know the update is a stable version and it is okay to proceed with the update.

Malware, Spam, or Malicious Code

  • Removal of malware, spam, and malicious code from Client’s website is available for an additional charge of $80/hour (reduced hourly rate for clients with a maintenance agreement) not to exceed $320 per incident for clients who have a maintenance agreement at the time the site is compromised.
  • Removal of malware, spam, and malicious code that is existing on a website when a Client purchases a maintenance plan will be charged at a rate of $100 per hour removal.
  •  Once your site is hacked it is a prime candidate for future attacks. It is recommended that you invest in a yearly subscription to WordFence Premium ($119/year) after removal is complete.
  • This charge does not include working with Google or other search engines on your behalf to solve any issues your infection as caused you with their services.

Fees, Limitations on Refunds and Cancellation Fees

Client agrees to pay Lucy Knutson of Lucy Lynne Creative any and all fee(s) as billed in accordance with this Agreement. The fee(s) must be received prior to the start of any Maintenance Services. THE Client FURTHER AGREES THAT, IN THE EVENT OF ANY TERMINATION OF THIS AGREEMENT BY Client, NO REFUNDS SHALL BE GIVEN UNDER ANY CIRCUMSTANCES WHATSOEVER. THE Client FURTHER AGREES TO PAY UPON CANCELLATION ANY OTHER AMOUNTS DUE TO LUCY LYNNE CREATIVE FOR WORK PROVIDED AT CLIENT’S REQUEST ABOVE AND BEYOND THE MONTHLY ALOTTED TIME OF THE MONTHLY AGREEMENT. TERMINATION FOR A MONTHLY PAYMENT SCHEDULE WILL REQUIRE IMMEDIATE PAYMENT IN FULL OF REMAINING BALANCE.

Client Responsibilities

For the purposes of providing these services, Client agrees:

  • To properly convey to Lucy Lynne Creative the information that needs to be changed or added.
  • To reply promptly to any questions from Lucy Lynne Creative, in regards to task work on website.
  • To provide Lucy Lynne Creative with full access to website for creating new pages, and making changes for the purpose of providing Maintenance Services.
  • To provide Lucy Lynne Creative access to web hosting AND domain account(s).

Client Acknowledgements – Client understands, acknowledges and agrees that:

  • The amount of time allotted for updates to text, images, and other minor changes, is not to exceed three hours per month and will be managed in fifteen (15) minute increments.
  • Client understands that all work for monthly maintenance tasks will be scheduled according to the workflow for Lucy Lynne Creative. Therefore all website updates count towards the monthly time allotment of three hours.
  • Failure by Client to respond to questions or respond to emails within 5 business days may cause that task to be “bumped” and moved to the “end of the line” in the work queue. Depending on the time of month, this could cause that task to roll over into the next month’s update requests.
  • Once the three hour time allotment has been reached for the month, any unfinished tasks on the Client’s task list will be rolled into the next month for processing or the client can select to receive an estimate to have those tasks completed at the reduced rate (see your accepted estimate for the rate) exclusive to those clients with a maintenance agreement.
  • All monthly updates are scheduled in accordance with the workflow for Lucy Lynne Creative unless otherwise discussed and agreed upon.
  • Should the Client wish to have additional tasks completed in the same month, they will be billed on the reduced hourly rate as outlined in the client’s accepted estimate for Maintenance Services .
  • Maintenance Agreement does not include graphic design, graphic editing, database design, database changes, programming, and search engine optimization.
  • Maintenance Agreement does not include website redesign, re-alignment or re-development equaling more than 50% change to a web page.
  • Design updates, integration of plugins that require intensive configuration, or programming of things that require extensive time to set up, including but not limited to blogs, shopping carts, API integrations with third party services, and web forums that can not be completed in the allotted three hours within the current month are not considered “minor” changes and therefore may require a separate estimate for approval.
  • Maintenance Agreement does include training on how to use your website and WordPress as it relates to your website.
  • Maintenance Agreement does not include training on search engine optimization (SEO) or other online digital marketing (e.g., creating graphics for social media).
  • All communications will be done during regular business hours, which are Monday through Friday from 8:00 AM to 4:00 PM (EST).
  • Lucy Lynne Creative has no control over your hosting company in regards to server downtime, incompatibilities with software, PHP compatibility issues, etc.
  • Lucy Lynne Creative is not responsible for Client’s email issues or troubleshooting problems on their own computer. The maintenance agreements main role is to maintain and keep your website running at it’s optimal capabilities.
  • Lucy Lynne Creative has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future.
  • Unused time is not cumulative. Unused time from one month does not pass to the next month. The monthly maintenance service time is strictly three hours per month, unless prior arrangement is made and it is outlined in the estimate/invoice.
  • Lucy Lynne Creative will enter all content as it is presented by the client.
  • Lucy Lynne Creative is not responsible for changes made to Client’s website(s) by other parties, including the Client themselves. This includes when the site goes offline due to changes made by others.
  • During the duration of this contract, the Client agrees that Lucy Lynne Creative 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 Lucy Lynne Creative, including the Client, makes changes to the website, any errors that are created and require the website to be repaired will be charged at the full hourly rate and are not eligible for the reduced rate.
  • The repair of a website(s) that has been compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services (i.e., the purchase of a maintenance agreement after the site is compromised can not be used to repair the site) will not be eligible for the reduced hourly rate and will be billed at the hourly rate for repairing a website.

Scheduling of Maintenance Tasks – Lucy Lynne Creative manages multiple maintenance clients at any given time. All maintenance work is scheduled each month in advance to maintain a workflow that is beneficial for all parties. Scheduling of tasks is at the discretion of Lucy Lynne Creative. When an issue with your website interrupts your business monetarily, for instance an eCommerce issue, or it is totally down or offline, it will become a priority when you have a pre-established maintenance agreement.

Additional Services – Additional services not listed herein will be provided for a reduced hourly rate as outlined in your accepted estimate for your Maintenance Services. Lucy Lynne Creative is not responsible for search engine optimization (SEO), developing new content, or writing new copy for Client. For these services an estimate will be supplied to the client for approval and will not be applied to the monthly three hour allotment.

Indemnification – Client shall indemnify and hold harmless Lucy Lynne Creative from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Lucy Lynne Creative as a result of any claim, judgment, or adjudication against Lucy Lynne Creative related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client to Lucy Lynne Creative (the “Client Content”), or (b) a claim that Lucy Lynne Creative use of the Client Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Lucy Lynne Creative must: (i) give Client prompt written notice of a claim; and (ii) allow Client to control, and fully cooperate with Client, in the defense and all related negotiations.

Disclaimer of All Other Warranties – Lucy Lynne Creative DOES NOT WARRANT THAT THE MAINTENANCE SERVICES WILL MEET THE Client’s EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH Client. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, Lucy Lynne Creative PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

Limited Liability – IN NO EVENT SHALL Lucy Lynne Creative BE LIABLE TO Client FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. Lucy Lynne Creative MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.

Client Representations – Client makes the following representations and warranties for the benefit of Lucy Lynne Creative:

  • Client represents to Lucy Lynne Creative and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Lucy Lynne Creative are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Lucy Lynne Creative from any claim or suit arising from the use of such elements furnished by Client.
  • Client guarantees to Lucy Lynne Creative and unconditionally guarantees that Client’s website has not been compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
    • Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Lucy Lynne Creative for inclusion on the website above are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Lucy Lynne Creative from any liability or suit arising from the use of such elements.
  • From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce.
  • Client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Lucy Lynne Creative and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Client’s exercise of Internet electronic commerce.

Confidentiality – The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Lucy Lynne Creative and Client acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.

Force Majeure – Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.

Relationship of Parties – Lucy Lynne Creative, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Client does not undertake by this Agreement, or otherwise, to perform any obligation of Lucy Lynne Creative, whether by regulation or contract. In no way is Lucy Lynne  Creative to be construed as the agent or to be acting as the agent of Client in any respect, any other provisions of this Agreement notwithstanding.

Notice and Payment – Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party, mailed by certified, registered or Express mail, return receipt requested or by Federal Express. Either party may change its address to which notice or payment is to be sent by written notice to the other under any provision of this paragraph.

Jurisdiction/Disputes – This Agreement shall be governed in accordance with the laws of the State of South Carolina. All disputes under this Agreement shall be resolved by litigation in the courts of the State of South Carolina  including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

Agreement Binding on Successors – The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

Waiver – No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

Severability – If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

No Inference Against Author – No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.

Disputes – Client and Lucy Lynne Creative agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation.

Read and Understood – By purchasing a Maintenance Package, Client acknowledges that they have read and understand this Agreement and agree to be bound by its terms and conditions.

Changes to This Maintenance Agreement Policy

Lucy Lynne Creative may update the Maintenance Agreement  Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Maintenance Agreement Policy on this page. These changes are effective immediately, after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Maintenance Agreement Policy, do not hesitate to contact us.

Lucy Lynne Creative
Lucy Lynne Knutson, Owner

PO Box 184
Folly Beach, SC 29439

Office: 757-650-6282
Email: lucy@lucylynnecreative.com

© 2025 Lucy Lynne Creative. All Rights Reserved.