Consent* I agree to hosting terms and conditions.
1. Description of Services. Authentic Web Solutions is a reseller of FlyWheel Managed Wordpress Hosting and subject to their terms of service which are available at https://getflywheel.com/legal/terms-service/ which allows us to provide hosting as well as Backups, Staging Environment, SSL and CDN features at a discounted rate to our clients.
Subject to the terms and conditions of this Agreement, Authentic Web Solutions will provide Web Hosting services for Client subject to the following terms:
1 WordPress install
10GB disk
500GB bandwidth
25,000 monthly visits
Let’s Encrypt SSL Certificate
MaxCDN (Content Delivery Network)
Complete daily backups
Staging environment
Free hosting migration
Authentic Web Solutions will migrate the website and perform complete health check which includes installing an SSL certificate, security scan and cleaning for any malware, scripts, etc., updating outdated plugins and themes, removing any themes or plugins you aren't currently using, and optimizing images throughout the website for speed using caching tools.
2. Communication and Method of Performing Services. The Authentic Web Solutions will perform services off-site except for attending on-site meetings. To ensure effective communication the Client agrees to designate a representative (“Client Representative”) to work directly with the Authentic Web Solutions on review and approval processes.
3. Compensation and Expenses. The Authentic Web Solutions shall be compensated for the Services as set forth.
Monthly recurring payment will be setup on the Client’s credit card and will be billed the same time each month.
Website updates such as design, content or development that fall outside of this scope of work will be charged monthly @ $100/hour.
4. Length of Service. Client agrees to month-to-month and shall begin upon the Authentic Web Solutions’ receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
5. Renewal by Client.This Agreement will automatically renew month-to-month unless canceled in writing by Client at least 30 days prior to the start of a billing cycle. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.
6. Authorization: Client hereby authorizes Authentic Web Solutions to access their web hosting account, providing active user name / password combinations for access to the server via FTP, assuring that 'write permissions' are in place on said hosting provider. Client authorizes Authentic Web Solutions to access website analytics, social media, business listings, and any other online tools needed to perform work.
7. Promotions. Authentic Web Solutions retains the right to reproduce, publish and display the Deliverables in Authentic Web Solutions’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
8. Ownership of Intellectual Property. The Client represents to the Authentic Web Solutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Authentic Web Solutions for inclusion in website and online web presence are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Authentic Web Solutions and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
9. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
10. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF THIS AGREEMENT AND HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AUTHENTIC WEB SOLUTIONS’ CUMULATIVE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID BY CLIENT TO Authentic Web Solutions, PROVIDED THAT SUCH LIMITATION SHALL NOT BE CONSTRUED TO LIMIT EITHER PARTY’S INDEMNITY OBLIGATIONS UNDER SECTION 7.
11. Indemnity. Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorneys fees, costs and expenses resulting from the indemnifying party's material breach of any duty, representation, or warranty under this Agreement.
12. Governing Law / Forum. This Agreement shall be construed in accordance with the internal laws of the State of Texas, without regard to conflict of laws rules. Venue for any disputes shall be the courts in Dallas County, Texas.
Consent* I agree to web care plan terms and conditions.
1. Description of Services. The Authentic Web Solutions will perform Services as set forth per the selected plan located at https://authenticwebsolutions.com/web-care-plans.
2. Communication and Method of Performing Services. The Authentic Web Solutions will perform services off-site except for attending on-site meetings. To ensure effective communication the Client agrees to designate a representative (“Client Representative”) to work directly with the Authentic Web Solutions on review and approval processes.
3. Compensation and Expenses. The Authentic Web Solutions shall be compensated for the Services as set forth.
Monthly recurring payment will be setup on the Client’s credit card and will be billed the same time each month.
Services not considered 'standard website maintenance' such as website design, content or development updates are subject to be charged at a regular hourly rate of $100 and bill separately at the end of each month in which payment is due upon receipt.
4. Length of Service. Client agrees to month-to-month and shall begin upon the Authentic Web Solutions’ receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
5.Renewal by Client.This Agreement will automatically renew month-to-month unless canceled in writing by Client at least 30 days prior to the start of a billing cycle. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.
6.Authorization: Client hereby authorizes Authentic Web Solutions to access their web hosting account, providing active user name / password combinations for access to the server via FTP, assuring that 'write permissions' are in place on said hosting provider. Client authorizes Authentic Web Solutions to access website analytics, social media, business listings, and any other online tools needed to perform work.
7.Promotions. Authentic Web Solutions retains the right to reproduce, publish and display the Deliverables in Authentic Web Solutions’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
8. Ownership of Intellectual Property. The Client represents to the Authentic Web Solutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Authentic Web Solutions for inclusion in website and online web presence are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Authentic Web Solutions and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
9. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
10. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF THIS AGREEMENT AND HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AUTHENTIC WEB SOLUTIONS’ CUMULATIVE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID BY CLIENT TO Authentic Web Solutions, PROVIDED THAT SUCH LIMITATION SHALL NOT BE CONSTRUED TO LIMIT EITHER PARTY’S INDEMNITY OBLIGATIONS UNDER SECTION 7.
11.Indemnity. Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorneys fees, costs and expenses resulting from the indemnifying party's material breach of any duty, representation, or warranty under this Agreement.
12. Governing Law / Forum. This Agreement shall be construed in accordance with the internal laws of the State of Texas, without regard to conflict of laws rules. Venue for any disputes shall be the courts in Dallas County, Texas.