If you appoint Phase Creative / Live By 5 to maintain your website on an ongoing basis, you are bound by the following Terms & Conditions.
The Client: Also referred to as ‘You’, the company, business or client, authorised representative of the client, or individual requesting the services of Phase Creative / Live By 5.
Phase Creative / Live By 5: Also referred to as ‘I’, ‘Our’ and ‘We’, the primary designer/service provider & employees or affiliates.
Site/s: The WordPress websites we you are commissioning us to take care of. Also referred to as ‘website/s’, ‘WordPress install’ and ‘property/s’.
Project: Phase Creative / Live By 5 will issue you with an estimate and/or proposal either verbally, by post or via email outlining our interpretation of your brief, the scope of works, work method, deliverables and limitations of service. For the purposes of this document, the Project may also be titled ‘Your Task’, ‘Work’, ‘Proposal’, ‘Quote’ or ‘Estimate’.
Maintenance Plan: The recurring maintenance schedule that you are/have engaged our team to implement. Also referred to as ‘Client Confidence Plan’, ‘Maintenance’, ‘Client Plan’, Support Plan’, ‘Website Plan’, Maintenance Agreement’, ‘Support Agreement’, ‘SLA’.
Hack: An attempt to exploit a website in order to obtain information, collect data, compromise a business integrity and a variety of other malicious intents. Referenced also as ‘DOS attack’, ‘attack’, ‘bot’, ‘intrusion’, ‘site compromise’
Live By 5 Website in a Day: A specific product offered by Live By 5. All details for this product are listed here. Some of the below terms provide differences, exceptions and exclusions for this product. Referenced also as ‘Website in a Day’, ‘Live By 5 Website’, ‘New Live By 5 website’, ‘WordPress website in a Day’.
ACCEPTANCE – By signing up to a Phase Creative / Live By 5 Maintenance Plan, you are indicating your understanding and agreement to the following terms and conditions.
SERVICE INCLUSIONS – Your Maintenance Plan includes our base deliverables for your chosen plan, plus any specific products, services or consultations requested in your negotiations with Phase Creative / Live By 5.
PAYMENT – Phase Creative / Live By 5 accepts payment via Credit Card on a recurring payment. Alternatively we can provide a repeating invoice for you to pay via direct bank deposit. Invoices will be sent monthly, and you will receive notifications from Stripe, our payment gateway, when your payment has been processed. The client agrees to settle accounts within 7 (seven) days of receipt of invoice. This will happen automatically with the recurring subscription but if you are using direct deposit then you will need to ensure your payments are within this time frame. Phase Creative / Live By 5 will contact you directly if any recurring payments are outstanding.
CONFIDENTIALITY – Phase Creative / Live By 5 may ask you for passwords and details in order to facilitate maintenance on your site/s. Phase Creative / Live By 5 undertake not to misuse any confidential information that may be made available to us. The client agrees not to disclose the fees charged by Phase Creative / Live By 5 or any confidential information we provide to you. The Client is responsible for keeping confidential, any passwords and usernames issued to them by Phase Creative / Live By 5.
EXCLUSIVITY – Phase Creative / Live By 5 do not work on an exclusive basis unless this has been specifically negotiated.
RESPONSE TIME – Phase Creative / Live By 5 agrees to reply to your support request within 48 hours on business days between 9am-5pm. We are not an ‘on call service’ – Our response will indicated when we can undertake your support request, and what we need from you to complete it. We do not respond to requests outside business hours but will do everything within our capacity to help you, should an urgent situation come to be. An ‘urgency’ fee may apply if unplanned work is required outside business hours.
SUPPORT TIME – Some of our maintenance plans include time built into them which is billed in 15min increments. You can request the balance of your plan at any time. Support time DOES NOT rollover however you may request that we use up to 3 months time in one block, but this must be requested in advance and allocated to a specific task or project on the site.
Live by 5 Website in a Day product does not include any support hours however we’ll fix anything we built and offer support, training, design & development tasks at the reduced rate specified in your proposal.
SUPPORT TIME IN ADDITION TO YOUR ALLOCATED PLAN – If your requirements for the month exceed your allocated time, we will discuss this with you and provide a verbal or written estimate and approval to proceed. You will receive an additional invoice for this time outlining the work completed billed at the rate applicable to the plan you have chosen.
DISBURSEMENTS & OUT OF POCKET EXPENSES – Fees for Phase Creative / Live By 5’s Maintenance Plans do not include outside purchases such as, but not limited to, web hosting and domain services, themes and addons, widgets and plugins, printing, photography, stock imagery, colour printouts, illustrations, shipping and handling or courier service. Purchases made on your behalf will be itemised on invoice accordingly.
CONSULTATIONS, TRAINING & CORRESPONDENCE – Support time includes correspondence, training and meetings. Some of our plans have these included in addition to allocated support tom. Where meetings/calls/training sessions and correspondence is in excess to our normal support SLA, these will be charged at the hourly rate and reflected on and invoice. You will be notified if a meeting or call is in excess of the anticipated project scope.
COMMUNICATION – A contact email address is provided to you to log support requests. A phone call can be booked via our calendar link and a callback request can be sent via email. Our phone number is also supplied to you and we will call back ASAP.
LICENSES, PLUGINS, THEMES & THIRD PARTY PURCHASES OR SERVICES – Each WordPress website build is unique. As such, a combination of software and functionality services may be utilised to power it. Live By 5 / Phase Creative agrees to comply with the license agreements of these products and services. We will update appropriately and alert you when your site requires a new license or update to be purchase or configured. Costs associated with the ongoing update of software and services unique to your WordPress website will be invoiced accordingly. Where appropriate, we will apply our Developer License to your sites.
DEVELOPER SOFTWARE LICENSES – Phase Creative / Live By 5 pay for a number of developer licenses. We are pleased to extend these licenses to our Maintenance Plan clients. These licenses are:
- Advanced Custom Fields Pro
- Gravity Forms Developer
- Beaver Builder
- Ultimate Addons for Beaver Builder
- Powerpack for Beaver Builder
- Generate Press Premium
- Envira Gallery
- Soliloquy Slider
- StudioPress themes
- Zig Zag Press themes
- Elegant themes & plugins
- Backup Buddy
We will update and maintain these accordingly. If you chose to cancel your plan, you will be given a list of those used on your site so you can purchase your own license/s for them.
EMAIL – Phase Creative / Live By 5 does not provide email services or support email issues. We will assist in our full capacity however this is not included in our Maintenance Plan with yo
NATURE OF COPY – The Client agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations, and shall only provide us with true, accurate and correct information and details. You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare. You promise not to provide to us, or request us to include in a Project, any material that infringes the law or any third party rights. Phase Creative / Live By 5 will not be held liable for any legal infringements as a result of artwork being distributed or published under client direction. You indemnify us from all third party claims made against us in connection with materials included on your website (or otherwise connected with your Project) at your request.
CONTENT APPROVAL, ERRORS & OMISSIONS – Phase Creative / Live By 5 will take all reasonable care to check our work carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, is it considered the client’s responsibility to check all content and artwork and once approved to go live, Phase Creative / Live By 5 is not liable for errors or omissions however we will make amendments where requested.
TESTING & CHECKING – We will always test our work appropriately however you may be required to participate in this process and provide response based on your experience of work carried out.
WEBSITE DESIGN & DEVELOPMENT – Phase Creative / Live By 5 utilises third party services and open source technology for web design and development projects. Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors at the time of delivery, Phase Creative / Live By 5 cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it, including where such malfunction is caused by changes to third party software (such as updates, upgrades and bug-fixes made by third parties to their software or coding). Phase Creative / Live By 5 cannot be held responsible for problems or additional costs arising due to any errors made by third party software, contractors or services.
RIGHTS OF ACCESS FOR WEBSITE DEVELOPMENT – The client agrees to allow Phase Creative / Live By 5 all necessary access to computer systems and other locations, as required, in order to maintain the website, including the necessary read/write permissions, usernames and passwords.
WEBSITE HOSTING, EMAIL & DOMAIN REGISTRATION & OTHER THIRD-PARTY SERVICES – With the exception of our Live By 5 Website in a Day product, Phase Creative / Live By 5 does not offer domain name registration or email hosting or support. If you ask for a recommendation, Phase Creative / Live By 5 will offer you the names of businesses who provide such services. While all reasonable care will be taken when recommending hosts and service suppliers, Phase Creative / Live By 5 will not accept responsibility for any product failure or consequent production losses. This includes, but is not limited to, your site not being online, service interruptions, limitations of these services, security breaches & loss of date. The Client is encouraged to research their hosting solution to ensure the service will suite their individual/business needs.
WEBSITE CONTENT APPROVAL – Phase Creative / Live By 5 encourages you to review your content and functionality before putting it live. Phase Creative / Live By 5 is not liable for errors or omissions once you have approved the site to go live.
WEBSITE SUPPORT PERIOD – You will receive email support for 14 days after your site is deployed (put live). Phase Creative / Live By 5 encourages you to use this time to carefully, and, in the case of a WordPress site, load your information and process several test entries to become familiar with your new design’s functionality. After 14 days, there will be a charge for support depending on the frequency and complexity of your questions/edits. The support period is limited to the troubleshooting and fixing of items/content/functionality as specified in the initial proposal. Support or additional training requirements will be considered new work and invoiced at the applicable rate.
MINIMUM 12 MONTH MAINTENANCE PACKAGE FOR NEW BUILDS – From July 2018, if your website has been built by Live By 5 / Phase Creative, we require a minimum commitment of 12 months to one of our Maintenance Plans.
CANCELLATION – With the exception of the 12 month requirement for new builds, cancellation is allowed at anytime. The client shall be liable for our fees, costs and expenses up to the time. Developer licenses, backup software and our Maintenance Plan management tools and team support will be removed from the website and you will be notified of any ongoing responsibilities.
If you chose to opt out of this service after 12 months, The client shall be liable for our fees, costs and expenses up to the time of cancellation. Developer licenses, backup software and our Maintenance Plan management tools and team support will be removed from the website and you will be notified of any ongoing responsibilities to maintain software, updates, content, security, performance and backups.
WEBSITE TRAINING – Phase Creative / Live By 5 offers Website Training for local businesses as an additional service. Unless specified in your plan or specifically requested as part of your support, this service is available at an additional cost.
LICENSES OF 3RD PARTY PRODUCTS – Phase Creative / Live By 5 offers services which often incorporate the use of 3rd party services, software and products. Phase Creative / Live By 5 may install these products on to your site utilising a developers license. In these cases, if you wish to terminate your engagement with Phase Creative / Live By 5 but wish to maintain use of these licensed products or services, Phase Creative / Live By 5 will notify you of the licensing terms and give you an option to purchase an independent license for your site to continue using it/them.
SEARCH ENGINES – Phase Creative / Live By 5 does not guarantee any specific position in search engine results for your website. Where requested within your support agreement, we can perform basic search engine optimisation (SEO) according to current best practice using third-party supplied tools.
PROPERTY & SUPPLIERS PERFORMANCE – Although reasonable care will be taken when recommending manufacturers, services and suppliers, responsibility cannot be accepted for any product failure or consequent production losses. Phase Creative / Live By 5 will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorised use by others of such property. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, Phase Creative / Live By 5 is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery.
LIABILITY – To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations (which are not included in these terms and conditions) in relation to the provision of the services or any other goods or services delivered by Phase Creative / Live By 5 are expressly excluded, and our entire liability, and the client’s sole remedy, is limited (at our discretion) to: (a) with respect to the supply of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; (b) with respect to the supply of services: the re-supply of the services; or the payment of the cost of having the services re-supplied. The client agrees that in no event will the liability of Phase Creative / Live By 5 exceed the fees actually paid by the client to Phase Creative / Live By 5. Further, Phase Creative / Live By 5 will not be liable in any way for any consequential damage which may be caused as a result of any alleged negligence or breach by us of these terms and conditions.
HACKS, SECURITY & HACK REPAIR – Phase Creative / Live By 5 implement a number of security processes and software solutions to harden your WordPress websites against malicious activity and intrusions.
Phase Creative / Live By 5 consider Hacking an illegal activity and cannot guarantee your site won’t be hacked. however we will do our best to ensure it isn’t. You may be recommended to change hosts, credential updates, software & plugin installations and other solutions in order for us to be satisfied your site is adequately protected.
Where the protection of your data, and that of your clients, is imperative, we will suggest trusted hosts with aggressive security monitoring to ensure you have the best protection against malicious activity.
You may also opt into to our Hack Repair option offered during the sign up process. This service is a monthly subscription add on. It is already included for Live By 5 Website in a Day clients
In the even that your WordPress website is affected by a hack or hack attempt, we will do everything in our capacity to assist. If the hack is difficult to defuse, we will refer you to an expert service to remove the hack and restore your site. It is already included for Live By 5 Website in a Day clients
We keep backups of all our maintenance plan clients sites and will restore a backup for you wherever necessary.
IF you do require additional security features you can contact us to discuss these at any time.
SOFTWARE OWNERSHIP – Your website build contains combination of third party software solutions (this includes but is not limited to: WordPress CMS, Themes & Plugins, Fonts, Integrations, Widgets, API’s). Those solutions will be configured and optimised for your site, however, all software and code owned by third parties will be used within the license agreement of its respective owner. To that effect, neither Phase Creative / Live By 5 nor The Client own such third party software or code, and the client (and Phase Creative / Live By 5) may only use such software or code within the rules of the license agreement. Phase Creative / Live By 5 agrees to provide access to the terms of the license relating to such third party software and code, if requested by the client.