This Website Maintenance Agreement (“Agreement”) is made between Dank Designs and the client, including the client’s employees and agents (collectively referred to as the “Client”). This Agreement applies to the purchase of all monthly website maintenance services (hereinafter referred to as the “Maintenance Services”) requested or ordered by the Client.
This Agreement becomes effective from the date the client signs up for Maintenance Services. Either party may terminate this Agreement by providing thirty (30) days’ written notice to the other, in the event of a material breach of obligations under this Agreement, if the breaching party fails to remedy such breach within thirty (30) days of receiving notice.
Dank Designs may terminate this Agreement immediately if:
(i) the client fails to pay any fees when due; or
(ii) the client fails to cooperate with Dank Designs or otherwise hinders its ability to perform the Maintenance Services, including but not limited to restricting access, changing passwords without prior notice, or interfering with the tools and services required to deliver the agreed maintenance tasks.
The client agrees to pay Dank Designs all fees invoiced in accordance with this Agreement. Payment must be received prior to the commencement of any Maintenance Services.
In the event the client terminates this Agreement, no refunds will be issued under any circumstances. The client also agrees to pay, upon cancellation, any outstanding amounts owed to Dank Designs for work performed at the client’s request that exceeds the monthly time allocation included in this Agreement.
Due to the nature of our business, Dank Designs manages multiple maintenance clients alongside larger web design projects at any given time. While we never take on more clients than we can handle, efficient scheduling is essential. All work is scheduled in advance each month to maintain a fair and balanced workflow for all clients.
Each maintenance client is allocated a set amount of time per month for maintenance tasks, which counts toward their monthly time allowance. The scheduling of these tasks remains at the discretion of Dank Designs. The only exception to rescheduling or prioritising one client’s tasks over another is in the event of an emergency. For clarity, an emergency is defined as a website issue that directly interrupts business operations—for example, an eCommerce site that is offline or experiencing checkout failures. General updates or non-critical requests are not considered emergencies.
We will always provide the contracted monthly time for updates; however, these will be carried out according to our schedule. This ensures fairness and consistency across all clients.
Dank Designs agrees to provide the client with website maintenance services as outlined in this Agreement. These Maintenance Services may include, depending on the package purchased:
Design and Development Allowance
Each month of maintenance includes one (1) hour of design or development work. If unused, this hour may be rolled over to the following month; however, rolled-over time expires after 30 days and cannot be accumulated beyond this period. Unused hours outside of this timeframe are forfeited and hold no cash value.
Premium Plugins and Themes
Any premium plugins or premium theme licences required for the client’s website will be billed separately at the prevailing prices of those licences.
Additional Support
Any website support requests beyond what is included in the client’s selected package, or WordPress-related support questions requiring a response from Dank Designs, will count toward the monthly time allowance (if available). Where a package does not include a monthly time allowance, the client agrees to pay the standard hourly rate for support services provided by Dank Designs.
Reporting
Regular maintenance reports will be provided, with frequency dependent on the maintenance package selected.
Dank Designs does not warrant that the maintenance services will meet the client’s expectations or requirements. The entire risk as to the quality and performance rests with the client. Except as otherwise specified in this agreement, Dank Designs provides its services “as is” and without warranty of any kind. The parties agree that:
(a) the limited warranties set out 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 systems.
If any provision of this agreement is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions.
In no event shall Dank Designs be liable to the client for any indirect, special, exemplary, or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose, implied warranties arising from course of dealing or performance, lost profits (whether foreseeable or not), loss of data, or any damages arising under this agreement. This applies whether such claims are based on breach of warranty, contract, negligence, strict liability, or otherwise, even if the 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. Dank Designs 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.
Any services not covered under this agreement will be billed at a rate of $160.00+gst per hour. Dank Designs is not responsible for search engine optimisation (SEO), developing new content, or writing copy unless specifically contracted. Clients requiring SEO work must engage in one of our SEO service packages.
The client makes the following representations and warranties for the benefit of Dank Designs:
Both parties agree to treat each other’s proprietary or confidential information with strict confidentiality. “Proprietary or Confidential Information” includes, but is not limited to, contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer-retained information, notes, or financial data.
Confidential information does not include information that:
(i) becomes publicly available other than through a breach of this Agreement;
(ii) was already lawfully known to the receiving party or rightfully received from a third party;
(iii) is independently developed by the receiving party; or
(iv) is required to be disclosed by court order or other legal process.
Neither party will disclose the other’s proprietary or confidential information to any third party, nor use such information for any purpose other than fulfilling obligations under this Agreement. All proprietary or confidential information shall remain the sole property of the disclosing party.
In the event of unauthorised use or disclosure, the non-disclosing party may be entitled to seek equitable relief. These obligations of confidentiality will survive termination or expiration of this Agreement and remain in effect for a period of three (3) years from the effective date.
By purchasing a maintenance package, the client confirms that they have read, understood, and agreed to be bound by the terms and conditions of this Agreement. Looking for the right package? View our website maintenance plans here.