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Legacy Website Maintenance Service Agreement

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Legacy Website maintenance service agreement

Note: This Service Agreement is for clients of RdyToGo who are subscribed to the Legacy WordPress Website Maintenance Service or have purchased Support Tokens.

PARTIES

This agreement of services (the Service Agreement) is between:

  1. You. The terms You and Your refer to any individual or entity who accepts this Service Agreement, has access to Your account with Us, or uses the Maintenance Service. Nothing in this Service Agreement shall be deemed to confer any Third-Party rights or benefits.
  1. RdyToGo, LLC, a limited liability company incorporated under the laws of the State of South Carolina, with its registered offices in Myrtle Beach, SC, 29579, United States of America (We, Us, and Our). Our primary website is https://rdytogo.com (Our Website.)

Both parties agree to all terms, conditions, definitions, disclosures, and disclaimers of the Service Agreement.

If You disagree, You must discontinue Your use of the Maintenance Service.

This Service Agreement is effective as of the date You subscribed to the Maintenance Service or the date of electronic acceptance.

OVERVIEW

You will compensate Us as described in the Your Payments section for Our services as described in the Scope Of Work section (the Maintenance Service). We are not selling or bundling products or goods with the Maintenance Service.

MODIFICATION OF THIS SERVICE AGREEMENT AND THE MAINTENANCE SERVICE

In our sole and absolute discretion, we may change or modify this Service Agreement and any policies or agreements incorporated herein at any time. Such changes or modifications shall be effective immediately upon posting to Our Website. Your use of Our Website or the Maintenance Services after such changes or modifications have been made shall constitute your acceptance of this Service Agreement as last revised. If you disagree with being bound by this Service Agreement as last revised, do not use (or continue to use) Our Website or the Maintenance Service. In addition, We may occasionally notify you of changes or modifications to this Service Agreement by email. Therefore, you must keep the information in your account (Account) with Us current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, We may terminate Your use of Maintenance Service for any violation or breach of any of the terms of this Service Agreement by You. WE RESERVE THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF OUR WEBSITE OR THE MAINTENANCE SERVICE, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

DEFINITIONS

Below is a list of definitions used in this Service Agreement and any of the Service Agreement’s attachments, annexes, or schedules.

  1. Add-On means a package of computer files containing code, graphics, and data that extends the Content Management System and website beyond the core offering.
  2. Backup Copy means the saved copy of the database and files produced from performing a backup of a website.
  3. Content means materials such as, but not limited to, text, graphics, works, materials, possessions, photos, video, audio, artwork, logos, music, pictures, wording, diagrams, tables, data, information, illustrations, images, ideas, embeds, and code.
  4. Content Management System or CMS means a bundled or stand-alone software application (often Open Source) to create, manage, store, and deploy Content on websites. Examples of CMS’s are WordPress, Drupal, Joomla, and Concrete5.
  5. Database means a structured set of data held in a computer or on Hosting, especially one accessible in various ways.
  6. Domain or Domain Name means the unique name that appears in the URL for a website used to allow users to visit the website. (Example: YOURNAMEHERE.com).
  7. Domain Registrar or Domain Name Registrar means an organization or commercial entity that manages the registration and reservation of Domain Names.
  8. Embed means the same as an Add-On.
  9. Extension means the same as Add-On.
  10. Hosting Service or Hosting means a type of Internet hosting service that allows individuals and organizations to make their website accessible via the World Wide Web by providing file space and other computing resources on a server owned or leased for use by You, as well as providing Internet connectivity, typically in a data center.
  11. Hosting Provider or Host means an organization or commercial entity that provides or resells Hosting Service.
  12. Inappropriate means anything, anyone, or any action that is or thought to be: illegal, racist, political, religious, sexual, marijuana-related, drug or tobacco-related, pornographic, nudist, adult service-oriented, pornographic, distasteful, prejudice, hateful, intolerant, terrorist, lude, or derogatory.
  13. Open Source or Open Source Software means any software licensed with an Open Source License.
  14. Open Source License means a type of software license that complies with the “Open Source Definition” found on the Internet webpage located at https://opensource.org/osd. A list of currently valid Open Source Licenses is available on the Internet webpage located at https://opensource.org/licenses/alphabetical.
  15. Plugin means the same as an Add-On.
  16. Premium Theme or Premium Plugins means any Theme or Plugin for which a cost, subscription, payment structure, fee, or license is required to use, distribute, update, upgrade, or receive support services.
  17. Script means the same as an Add-On.
  18. Template means a package containing graphical appearance details, such as the coloration and layout, used to customize the look and feel of the Website via the CMS. Templates or Themes allow users to change the look and feel of a CMS based website or installation without altering the information, Content, or structure of the website. The Template or Theme is a set of computer files that collectively define the look and feel of a website.
  19. Theme means the same as Template.
  20. Third-Party means a person, entity, or organization that is not a party to this Service Agreement.

SUPPORT TOKENS AND SUPPORT TOKEN TASKS

The Maintenance  Service includes two kinds of tasks that We perform on Your Website:

  • Core Tasks: these are tasks we perform following Our schedule as decided by Us.
  • Support Token Tasks: these are tasks listed in the Support Token Task Catalog sub-section of the Scope Of Work section. A Support Token is a type of credit You can exchange to have Us perform a task from the Support Token Task Catalog. Each Support Token Task uses one valid (non-expired) Support Token, regardless of the time taken. If We find additional Support Token Tasks are needed to solve a problem, We will notify You to approve the additional Support Token usage.

SUPPORT TOKEN VALIDATION DATE

All Support Tokens become valid on the first day of the month You purchase them, and Your payment clears Our bank account. (For example, if you purchase a Support Token on January 25th and Your payment clears Our bank on January 27th, it will be valid on January 1st.)

SUPPORT TOKEN USAGE AND EXPIRATION

  • Once You exchange a valid Support Token for a Support Token Task, the Support Token expires, becomes invalid, and You can no longer use it.
  • If you do not exchange a valid Support Token for a Support Token Task within one calendar year of the day it becomes valid, it will expire and become invalid, and You can no longer use it.

YOUR PAYMENTS

RECURRING PAYMENT OPTIONS AND AMOUNTS

You will pre-pay for each calendar month of the Maintenance Service unless either party terminates the Maintenance Service and this Service Agreement.

The amount You pay is defined by a Contract You have agreed to, an advertised rate that you have accepted, or a rate that We have offered you.

  • If You make monthly payments, You will receive one valid Support Token when Your payment clears in Our bank account each month.
  • If You make yearly payments, You will receive 12 valid Support Tokens when your payment clears in Our bank account each year.

Rates are subject to change. If the rate changes, you may choose not to renew the Maintenance  Service before your next payment is due. This will effectively terminate the Service and this Agreement.

ADDITIONAL SUPPORT TOKEN COSTS

You may purchase additional Support Tokens at any time. If you buy more than one additional Support Token at a time, the prices will be discounted per the following table. Rates are subject to change.

PAYMENT METHODS AND DUE DATES

You will make all payments with an acceptable form of payment. We will not accept other forms of compensation, such as, but not limited to, referrals, or the trading of products or services.

  • If You have elected to pay monthly, You will pay Us with a debit or credit card only and authorize Us to set up automatic payment processing, which is due and payable monthly on the 1st day of each month.
  • If You have elected to pay yearly, You will pay with debit, credit, cash, or checks. You will make Your first payment, which is due and payable on the 1st day of the month that the Maintenance Service commences. Your following payments are due and payable on the same day each subsequent year.

LATE PAYMENTS

Both parties consider a payment late if received any day after the due date.

  • If You pay late, We may withhold from performing the Maintenance Service until payment is received. You will not use nor will you expect to use the Maintenance Service until You make Your payment and the late payment fee (see “Other Fees” section.)
  • If an entire calendar month elapses past a due date without compensation from You, We will terminate the Maintenance Service and this Service Agreement and discontinue performing the Maintenance Service.

OTHER FEES

You agree to pay these additional fees if applicable:

  • bounced checks ($35 each)
  • late payments ($10 each)
  • work beyond the scope of the Maintenance Service. You will pay at Our going rate at the time the fee is due (time is rounded up to the nearest half-hour)
  • Third-Party fees and payments (at times these fees may pass through Us)

We may choose not to charge a particular fee that is due. If We fail to charge a fee or delay charging a fee, it does not constitute a change in the fees, due dates, or exempt You from the fee or future fees.

SCOPE OF WORK

OVERVIEW

The Maintenance Service comprises two types of tasks; (1) Core Tasks and (2) Support Token Tasks.

(1) CORE TASKS

DURING INITIAL SET-UP

These tasks are performed only once after the (1) execution of the Service Agreement and (2) the first payment is cleared in Our bank account. The typical duration of the Initial Set-Up tasks is less than two workdays. We may perform the following Core Tasks based on Our assessment of Your Website.

  1. [CT-1] Install the ManageWP Worker Plugin
  2. Initial [CT-2] Website Inspection and Report (optional)
  3. Initial [CT-4] Website Backup
  4. [CT-3] Set up Cloudflare (if applicable)
  5. Run the [CT-5] Website Updates
  6. [CT-6] Set up Google Analytics and Site Kit (if applicable)
  7. [CT-7] Set up WP Rocket (if applicable)
  8. [CT-8] Set up Wordfence, Sucuri Security, and WP Security Audit Log (if applicable)
  9. Post Set-up [CT-4] Website Backup
  10. Post Set-up [CT-2] Website Inspection and Report (optional)
RECURRING CORE TASKS

These tasks are performed on a recurring basis, after the (1) Initial Set-Up Tasks and (2) if the current month’s payment is cleared in Our bank account. We may perform the following steps based on Our assessment of Your Website.

  1. Run a [CT-4] Website Backup (at Our discretion)
  2. Run the [CT-5] Website Updates
  3. Perform [CT-9] Website Optimizations

(2) SUPPORT TOKEN TASKS

You can exchange Support Tokens only for tasks listed in the catalog. These tasks are performed only when all these conditions are met:

  1. You open a Support Ticket (send Your email message to [email protected],) exchanging a Support Token for a Support Token Task from the catalog,
  2. Your Support Ticket passes the reviews described in the Support Ticket Reviews section,
  3. the Initial Set-Up Tasks of the Core Tasks are complete, and
  4. the Support Token used is valid.
SUPPORT TOKEN TASK CATALOG

Change the way something looks

  • [STT-1] Theme Appearance Change
  • [STT-2] Page/Post Change
  • [STT-3] Sitewide Page/Post Change

Troubleshoot and fix a WordPress problem

  • [STT-4] Fix a WordPress Core, Theme, or Plugin Error
  • [STT-5] Fix a Contact Form Error
  • [STT-6] Fix a Database Connection Issue
  • [STT-7] Fix a Login Issue
  • [STT-8] Fix an Image Issue
  • [STT-9] Fix a Media Upload Issue
  • [STT-10] Fix 404 Error, Broken Link, or Redirect Issue
  • [STT-11] Fix a WordPress or Server Usage Issue
  • [STT-12] Restore a WordPress backup
  • [STT-13] Scan and remove a virus or website hack

Produce a report about Your Website

  • [STT-14] Check Google Indexing
  • [STT-15] Performance Report

Optimize Your Website

  • [STT-16] Optimize Database
  • [STT-17] Optimize Images
  • [STT-18] Prevent Comment Spam
  • [STT-19] Bulk Remove Comments

Add new functionality to Your Website

  • [STT-20] Install or Remove a Theme
  • [STT-21] Install or Remove a Plugin
  • [STT-22] Install a Comment System
  • [STT-23] Install an SMTP email sending service

WordPress settings and Database work

  • [STT-24] Set up redirects
  • [STT-25] Adjust the WP Config file or PHP Config
  • [STT-26] Update, activate or reset WordPress permalinks
  • [STT-27] Unpack a ZIP file
  • [STT-28] Import or Export Your WordPress database
  • [STT-29] Move or Copy WordPress files and folder to a new file location
  • [STT-30] Create and activate a Child theme
  • [STT-31] Perform a find and replace on the database
  • [STT-32] Change the domain in WordPress
DISCLOSURES AND DISCLAIMERS
  • Not all completed Support Token Tasks result in the manner intended. (Example: changing the wording of a webpage might not increase its chances of being indexed or promoted on a search engine like Google.)
  • The results of Support Token Tasks might take time before they are visible to You and Internet Users. (Example: If an Internet device is displaying a version of a webpage from its internal cache storage, it might appear as though a Support Token Task is not complete when it is.) Additionally, search engines might not immediately index the new changes and, as a result, display old or incorrect information up until a re-index occurs.
  • You grant Us the right to format, correct spelling, correct grammar, enhance, improve, add to, edit, change, resize, modify, remove, or adjust Content You provide Us; however, We are not required. You will not expect Us to make any changes, especially spelling and grammar.
  • We may use HTML5, CSS3, JavaScript, WordPress editors, or a plugin (such as a page-builder) to perform the Maintenance Service if applicable.
  • We may test any website changes in current versions of major browsers, including those made by Apple, Microsoft, Google, and Mozilla, to ensure that they are visually “similar,” albeit not necessarily identical. We will not test or support older browsers or browser versions such as, but not limited to, Microsoft Internet Explorer. Therefore, Internet users who have not kept their devices up to date could have limited or no access to the completed work.
PROCEDURE FOR WHEN PROBLEMS OCCUR

When a Support Token Task for an error or problem with Your Website occurs, We will choose to attempt any the following resolutions as we deem necessary:

  1. research the issue and try a solution
  2. reinstall core files or Plugin files
  3. reverse/undo a Website Update
  4. perform a website restoration (this will require You to use a valid Support Token)
  5. contact and work with a Third-Party directly to resolve the issue
  6. hold off fixing the problem temporarily until a solution for a “documented or known-issue” is issued by a Third-Party
  7. in case a viable solution cannot be reached We will present options and their costs to You

DESCRIPTION AND TERMS OF THE CORE TASKS

[CT-1] INSTALL THE MANAGEWP WORKER PLUGIN

You authorize Us to use ManageWP, a Third-Party service that We use to perform the Maintenance Service with Your Website. You agree to be bound by the terms and conditions of ManageWP. We may install, activate, and connect the ManageWP Worker Plugin on Your Website at Our discretion. You allow us to keep this plugin installed, activated, and connected to Our account in the ManageWP service for the duration of the Maintenance Service.

[CT-2] WEBSITE INSPECTION AND REPORT

If We opt to provide the inspection and report, We will inspect Your Website and produce a report of installed Plugins, Themes, WordPress version, website speed, etc.

[CT-3] SET-UP CLOUDFLARE

You authorize Us to use Cloudflare, a Third-Party service that We use to perform the Maintenance Service. You agree to be bound by the terms and conditions of Cloudflare if any of Cloudflare’s services are used in the performance of the Maintenance Service. We will connect the Cloudflare free service to Your Website by pointing your Domain Name’s nameserver records to the nameservers provided by Cloudflare. You allow us to keep Your Website connected to Our account with the Cloudflare service for the duration of the Maintenance Service. The Cloudflare service will provide the following services to Your Website: Firewall, CDN, DNS, and the client-SSL certificate. (We will use the SSL that You or Your Hosting Provider generates as the origin-SSL certificate.)

In the case that Your setup is not supportive of Cloudflare’s Firewall, CDN, DNS, and SSL solution, these services and the use of Cloudflare may not be used by Us, and You will be informed, however, there are no discounts or refunds.

[CT-4] WEBSITE BACKUP

We may either (1) manually backup through the cPanel, (2) manually backup by downloading the files, and the database over FTP, (3) automatically back up through the use of a Third-Party Plugin, or (4) automatically backup through the ManageWP service.

  • We keep the Backup Copies in an off-site data center provider by a Third-Party service with expertise in backups (usually AWS, Dropbox, or ManageWP) or Our systems. We store at least one Backup Copy of Your Website. When a new Website Backup is performed, existing Backup Copies may be deleted. Therefore, Backup Copies older than one-week may not be available.
  • If a virus infects Your Website, it may prevent Us from storing a Backup Copy until the infection is identified and removed.
  • If a new Backup Copy is created while the Your Website is down or experiencing technical issues, then that new Backup Copy may be rendered corrupt. Also, the latest (and corrupt) Backup Copy may trigger the deletion of a prior good Backup Copy. You must identify and report any website problems or issues as soon as they manifest to avoid this.
  • A Website Backup could fail if; Your Hosting account has reached its file storage limit or other resource limits. Read the “Hosting Service Resource Limits and Account Suspension” section below. Such a failure could result in a corrupted Backup Copy and no warning that a Backup Copy is damaged or faulty.

[CT-5] WEBSITE UPDATES

We may either (1) update through the WordPress Dashboard, (2) manually update by uploading new files and overwriting old files, (3) update through the use of a Third-Party Plugin, or (4) update through the ManageWP service.

SELECTION AND TIMING OF WEBSITE UPDATES

There are times when We don’t perform an available update. We may decide not to perform or to delay the performance of an update if:

  • such an update could be faulty, and We believe that it potentially could cause a conflict on Your Website, or possibly cause detriment to You in some other way.
  • The update requires payment to a Third-Party. Read the “Premium Themes And Plugins” section below.
  • The update requires extensive revisions to Your Website also to be performed.
  • Your Website Hosting account has reached its file storage limit or other resource limits. Read the “Hosting Service Resource Limits and Account Suspension” section below.
  • The update is suspected of causing a substantial performance loss or potentially cause SEO rank reduction to Your Website.

[CT-6] SET-UP GOOGLE ANALYTICS AND SITE KIT

You authorize Us to use a set of Third-Party services and a Plugin from Google (Alphabet, Inc.) that We use to perform the Maintenance Service. If You have not already set-up Your Website to use Google’s offering, we may set-up, install, connect, or configure: (1) Site Kit by Google, (2) Google Search Console, (3) Google Analytics, (4) Google PageSpeed Insights, or (5) Google Tag Manager. You agree to be bound by the terms and conditions of Google if any of Google’s services are used in the performance of the Maintenance Service.

[CT-7] SET-UP WP ROCKET

You authorize Us to use WP Rocket, a Third-Party service, and a Plugin from WP Media, We use to perform the Maintenance Service. WP Rocket accelerates the performance of Your Website by compressing data, caching, and other methods to make Your webpages load faster. You are only licensed to use this Plugin and service while using the Maintenance Service.

If Your Hosting account has reached its file storage limit or other resource limits, this may impede, delay, or prevent this service until the problem is rectified. Read the “Hosting Service Resource Limits and Account Suspension” section below.

Upon termination of the Maintenance Service, Your use of WP Rocket is revoked, unless You have purchased a license to WP Rocket. In the case that Your setup is not supportive of WP Rocket, We may not use it, and You will be informed, however, there are no discounts or refunds.

[CT-8] SET-UP WORDFENCE, SUCURI SECURITY, AND WP SECURITY AUDIT LOG

You authorize Us to use Wordfence, Sucuri Security, and WP Security Audit Log, these are Third-Party services and a Plugins from Defiant, Inc., Sucuri, Inc., and WPWhiteSecurity.com, that We use to perform the Maintenance Service. These Plugins protect and secure Your Website. We may choose to use and install one, two, all, or none of these Plugins. You agree to be bound by their terms and conditions if they are used in the performance of the Maintenance Service. If used, we will only install the free versions of these Plugins and services unless You have purchased the paid or Premium Plugin version.

If Your Hosting account has reached its file storage limit or other resource limits, this might impede, delay, or prevent this service until the problem is rectified. Read the “Service Resource Limits and Account Suspension” section below.

Website security and antivirus solutions are not perfect and are comprised of layers of protection. Additionally, if Your Website is hacked, hijacked, infected, damaged, or otherwise destroyed due to a security issue, virus, hacker, or other related cause, We are not responsible for any losses. Both parties agree to use secure passwords and procedures when working with Your Website, Third-Parties, and the Maintenance Services.

[CT-9] WORDPRESS OPTIMIZATIONS

We will use ManageWP to clear old post revisions and other unused overhead out of Your Website’s Database.

DESCRIPTION AND TERMS OF THE SUPPORT TOKEN TASKS

[STT-1] THEME APPEARANCE CHANGE

You may request Us to perform any of the following types of changes to your Theme. (These changes will affect every webpage on Your Website)

  • Fix text formatting/alignment
  • Update global text (phone number, address, company name, etc.)
  • Swap images
  • Add a plugin’s shortcode to a webpage
  • Modify the Header, Sidebar, Global CSS, Background, or Menu

[STT-2] POST/PAGE CHANGE

You may request Us to perform any of the following types of changes to no more the two webpages/blogposts on Your Website.

  • Add, remove or replace text (provided by You), a picture or a link, or social media icons
  • Convert a webpage’s images to a proper format

[STT-3] SITEWIDE POST/PAGE CHANGE

You may request Us to perform any one of the following types of changes to the page/post-template on Your Website.

  • Add, remove or replace a sitewide newsletter opt-in
  • Add or remove a sitewide author box to the blog posts
  • Add a sitewide Favicon using a image You provide

[STT-4] FIX A WORDPRESS CORE, THEME, OR PLUGIN ERROR

You may request Us to perform these steps on Your Website (if applicable).

  • Enable logs or WordPress debug mode to diagnose the issue

Attempt to resolve the issue if the website or logs reveal a theme-related, plugin-related, or widget-related error

[STT-5] FIX A CONTACT FORM ERROR

You may request Us to perform these steps for one contact form on Your Website (if applicable).

  • Troubleshoot and fix issues
  • Configure the proper mail settings in a contact form
  • Ensure the appropriate shortcode has been placed on your contact page

[STT-6] FIX A DATABASE CONNECTION ISSUE

You may request Us to perform these steps on Your Website (if applicable).

  • Update database connection information in WordPress configuration
  • Reconnect a WordPress database and files

[STT-7] FIX A LOGIN ISSUE

You may request Us to perform these steps on Your Website for no more than three users (if applicable).

  • Troubleshoot issues preventing login to the WP Admin dashboard
  • Update a user’s email address, so a password reset is possible
  • Correct an admin user’s privileges
  • Create a new Admin user
  • Reset failed login attempts
  • Disable plugins preventing login
  • Remove unwanted users
  • Replace missing wp_users database table

[STT-8] FIX AN IMAGE ISSUE

You may request Us to troubleshoot and fix issues preventing images and thumbnails from correctly displaying on Your Website for no more than five images (if applicable). You must provide the missing images, or already be uploaded on the hosting account.

[STT-9] FIX A MEDIA UPLOAD ISSUE

You may request Us to perform these steps on Your Website (if applicable).

  • Diagnose and fix errors when uploading media within the WordPress Dashboard
  • Diagnose and fix issues preventing media from correctly displaying in the WordPress media library

[STT-10] FIX 404 ERROR, BROKEN LINK, OR REDIRECT ISSUE

You may request Us to perform these steps on Your Website (if applicable).

  • Run a scan to identify broken links.
  • Attempt to fix the root cause of broken internal links.
  • Unlink and list broken external links (if any).

[STT-11] FIX A WORDPRESS OR SERVER USAGE ISSUE

You may request Us to perform one of these steps on Your Website (if applicable).

  • Troubleshoot issues related to the WordPress Core files
  • Fix Core file issues. Examples:
    • Correct failed WordPress version updates
    • Replace WordPress core files
  • Troubleshoot and fix a WordPress site that resolves to a blank white page
  • Troubleshoot and fix a WordPress site that resolves to a 500 Internal Server Error

[STT-12] RESTORE A WORDPRESS BACKUP

You may request Us to perform a restoration of Your Website if a reliable Backup Copy is available. We will attempt to use a copy of a website’s files and database that was produced from the secure Website Backup to restore or make a newly published copy of the website to Your Hosting Service. It could be possible that We are unable to perform a website restoration if a Backup Copy is damaged or corrupted after Your Hosting has already terminated. Some Hosting Services also perform Backup Copies. We may contact the Hosting Service and ask for them to perform a website restoration if needed. The results of website restorations are unpredictable and less reliable.

[STT-13] SCAN AND REMOVE A VIRUS OR WEBSITE HACK

We will attempt to scan for infected files. Then we will take appropriate actions against any issues found by the scan. If the issue remains unresolved, we will use the Procedure For When A Problem Occurs section to resolve the issue.

 

Some website infections could cause lingering problems for You, such as Your Website being blacklisted or marked as an unsafe website. These problems are usually reversible and may require action from both parties. Additionally, it might not be apparent that a lingering problem exists. We are NOT REQUIRED to check for or inform You of these kinds of lingering issues. However, We will attempt to assist you with them when We become aware of them.

[STT-14] CHECK GOOGLE INDEXING

You may request Us to prepare a report about Your Website that includes:

  • Confirm WordPress is not blocking search engines from crawling the site
  • URL Canonicalization
  • Appropriate title pixel length
  • Appropriate description length test
  • Sitemap
  • txt file
  • Home page image descriptions

[STT-15] PERFORMANCE REPORT

You may request Us to prepare a report about Your Website that includes:

  • Website load time
  • Number of active and inactive Plugins and details about any problematic/conflicting Plugins
  • Website byte size
  • Number of external scripts
  • PHP 7 Compatibility of Plugins and Themes

Whenever possible, we will recommend follow-up tasks and services to help improve performance.

[STT-16] OPTIMIZE DATABASE

You may request Us to optimize a WordPress database by removing gaps in the data to reduce its size and potentially speed up the site.

[STT-17] OPTIMIZE IMAGES

You may request Us to reduce the load time of a site by reducing the size of images without affecting their quality.

[STT-18] PREVENT COMMENT SPAM

You may request Us to perform these steps on Your Website (if applicable).

  • Install comment spam prevention plugin.
  • Add a CAPTCHA (we may install the Akismet plugin)
  • Modify discussion settings. Examples:
    • Add requested items to comment blacklist
    • Disable comments for the entire website
    • Disable trackbacks for the whole website
    • Disable comments on old posts
    • Limit number of links in comments
  • Remove all comments, either active or pending upon request
  • Disable comments or trackback on individual pages (up to 5)
  • Disable external comment requests

[STT-19] BULK REMOVE COMMENTS

You may request Us to perform one of the steps below on Your Website (if applicable).

  • Remove all comments
  • Remove all comments from a specific user
  • Remove all comments by unregistered users
  • Remove all comments before a specific date

[STT-20] INSTALL OR REMOVE A THEME

You may request Us to perform one of the steps below on Your Website (if applicable).

  • Install and activate one Theme from the WordPress free Theme catalog
  • Install and activate one custom Theme (You must provide this Theme)
  • Install and activate one purchased Theme (You must buy this Theme, We are not responsible financially for any licenses and subscriptions to this Theme)
  • Remove unwanted Themes

[STT-21] INSTALL OR REMOVE A PLUGIN

You may request Us to perform one of the steps below on Your Website (if applicable).

  • Install and activate one Plugin from the WordPress free Plugin catalog
  • Install and activate one custom Plugin (You must provide this Plugin)
  • Install and activate one purchased Plugin (You must buy this Plugin, We are not responsible financially for any licenses and subscriptions to this Plugin)
  • Remove unwanted Plugins

[STT-22] INSTALL A COMMENT SYSTEM

You may request Us to perform the following steps below on Your Website (if applicable).

  • Install the Disqus comment system plugin, or your preferred Plugin
  • Instructions provided to import comments from standard WordPress system

[STT-23] INSTALL A SMTP EMAIL SENDING SERVICE

You authorize Us to install and configure Your Website to send transactional emails through a Third-Party Service that You will subscribe to, such as MailJet.

[STT-24] SET UP REDIRECTS

You may request Us to perform one of the following tasks:

  • Redirect from HTTP to HTTPS
  • Custom Redirect(s) – You must specify which redirect(s) are needed (up to 5)

[STT-25] ADJUST WP CONFIG FILE OR PHP CONFIG

You may request Us to perform one of the following tasks (only if Your Hosting Provider allows it):

  • Enable a specified PHP module installed on the Hosting (up to 5)
  • Modify the value of a PHP setting (up to 5)
  • Change upload limit for a WordPress site (PHP setting)
  • Change memory limits to reduce timeouts (PHP setting)
  • Enable or disable debug mode
  • Disable wp_cache
  • Generate WordPress configuration file Authentication Keys
  • Remove the FTP prompt when installing or updating a plugin
  • A php.ini, web.config, or .htaccess file will be edited or created based on the request.

[STT-26] UPDATE, ACTIVATE OR RESET WORDPRESS PERMALINKS

You may request Us to perform one of the following (only if Your Hosting Provider allows it):

  • Update WordPress permalinks to any of the predefined styles or a custom style
  • Diagnose and attempt to fix any permalinks related errors, such as a 404 ‘Page not found’ error.
  • A web.config or .htaccess file will be edited or created based on the request.

[STT-27] UNPACK A ZIP FILE

You may request Us to unzip a .zip file to a specified folder on the Hosting account

[STT-28] IMPORT OR EXPORT YOUR WORDPRESS DATABASE

You may request Us to perform one of the following:

  • Import one WordPress Database from a backup (.sql file) to the specified Database
  • Export one WordPress Database, and place the file into the hosting account

[STT-29] MOVE OR COPY WORDPRESS FILES AND FOLDER TO A NEW FILE LOCATION

You may request Us to Move WordPress files to another folder. We will update Your Website and home URLs to match the new location. Additional services may be required to create a functional copy of Your Website.

[STT-30] CREATE AND ACTIVATE A CHILD THEME

You may request Us to create and activate a Child Theme.

[STT-31] PERFORM A FIND AND REPLACE ON THE DATABASE

You may request Us to update up to 5 of the following records for Your Website across all pages and posts:

  • Domain
  • Database table prefixes
  • Replace other information (Example: Update the company name, phone number, etc.)

[STT-32] CHANGE THE DOMAIN IN WORDPRESS

You may request Us to Update the Domain for Your Website in the WordPress settings. We will Search/Replace of old Domain with the new Domain to ensure functionality.

Any work or steps not mentioned in this section is beyond the scope of work to be performed by Us in connection with the Maintenance Service.

WORK BEYOND THE SCOPE AND TIME TRACKING

Tasks that are beyond the scope of this Service Agreement and are not available in the Maintenance Service include but are not limited to:

  • Performing any Inappropriate work.
  • Creating or editing new Content, images, shooting photos or video
  • Create a new website or substantially changing the whole website such as making it mobile-responsive
  • Create a new Theme or Plugin or adding custom code or functionality to an existing Theme and Plugin. Updating a highly customized theme. Removing Theme customization or researching previous theme customization.
  • Search engine optimization work (such as but not limited to adding keywords, descriptions to webpages, boosting page ranks, building site backlinks, increasing website traffic, etc.)
  • Work on WordPress with Multisite enabled
  • Work on websites using WordPress versions released before 4.0, other than to update them to the latest version (Note: version updates might cause incompatibility issues with Themes, Plugins, etc.)
  • Configure DNS other than to set up Cloudflare.
  • Paid marketing
  • Payment gateway configuration
  • Set up email accounts
  • Work on websites hosted by WordPress.com or the Rainmaker Platform
  • Transfer a non-WordPress website to WordPress
  • Update a highly customized WooCommerce set up

Except for performing any Inappropriate work, You may contract Us separately to perform these tasks.

We record all work time that each member of Our team spends performing any work that is beyond the scope of this Service Agreement, including, but not limited to, time spent with:

  • All communication in connection with delivering the job regardless of the method, type, or medium of communication. This communication may include internal communication between each member of Our team, as well as communication with You, and Third-Parties.
  • Performing all work involved in delivering the request, including but not limited to; research, development, content creation, and working with Third-Parties.
  • Conducting security reviews, policy reviews, or any other reviews.
  • Documenting the progress of the Support Ticket, updating Your account in our systems, or other clerical tasks related to performing the request.

We track time spent performing the work that is beyond the scope by the half-hour increments. We invoice work that is beyond the scope every week. We tally any time accrued during a week and round-up by the nearest half-hour increment. For example, 1h 20m will be tracked as 1.5h.

SUPPORT TICKET REVIEWS

SECURITY REVIEW

For both parties’ protection, We may verify that communications between both parties, such as but not limited to, messages, phone calls, or Support Tickets, are not false, forged, or impersonations of You or any of Your staff. If a communication, message, or Support Ticket fails to pass the security review, it may be discarded, and We may inform You.

  • We are NOT REQUIRED (and You will not expect Us) to provide this level of security clearance for any communication, message, or Support Ticket.
  • We may perform the security review if We are suspicious or doubtful of communication, the request it represents, or its origin.
  • We will choose the methodology and process used to perform the security review.

POLICY REVIEW

We verify that a Support Ticket conforms to all the policies listed below. If a Support Ticket fails to pass this policy review, We will mark the Support Ticket as pending or closed depending on the situation and inform You.

  1. Appropriateness: The Support Ticket must not request that Content or anything Inappropriate is used in performing the Maintenance Service.
  2. Copyright and Licensing: If the Support Ticket requires the addition, removal, or modification of Content, You MUST own all the rights, including copyright to any Content used or provide proof of licensing.
  3. Contractual Requirements: The Support Ticket will not request for the violation of any contractual terms and obligations that either party holds with Third-Party.
  4. Hosting and Resource Limitations: The Support Ticket must not ask for work to be performed that could exceed the limits of the Hosting service or Domain Name service. Read the “Hosting Service Resource Limits and Account Suspension” section.
  5. Legal and Lawful: The Support Ticket must not request work to be performed that does not conform with all applicable laws, especially the data and privacy laws. Read the “Privacy Policies and Data Protection Regulations” section. Where no law exists to prevent abuse of what the general public commonly accepts as unlawful, discriminatory, or untruthful, We choose whether to approve the Support Ticket, and You MUST accept our decision and indemnify us from any consequences.

TERMINATION

  • You may request the Maintenance Service to be reinstated, but first, You MUST pay any past due balance owed and any late payment fees.

WAYS TO TERMINATE

There are four ways to terminate the Maintenance Service and this Service Agreement:

  1. If You discontinue paying or fail to pay the Your payments for the Maintenance Service, it will be understood that You want us to terminate the Maintenance Service. We will end the Maintenance Service. If We do not terminate the Maintenance Service immediately, this SHALL NOT mean a change in the Service Agreement or that You would expect free service. You may still use any valid Support Tokens You purchased, and that have cleared Our bank account until they expire.
  2. You may request that the Maintenance Service be terminated after the currently paid for month(s) of service. You will not be charged for the next unpaid month and will not receive a refund for the current month(s). You may still use any valid Support Tokens You purchased until they expire.
  3. We may terminate the Maintenance Service if You abuse the Maintenance Service or break Your contractual obligations in any way. You will also forfeit any valid Support Tokens you have as they will all become invalid and expire without a refund.
  4. We may inform You that you may not renew the Maintenance Service for another month for any reason. However, We will continue to perform the Maintenance Service until the currently paid for month(s) are completed. You may still use any valid Support Tokens You purchased until they expire.

We may allow a period of a few days to pass before terminating the Maintenance Service.

SUPPORT TOKENS AND TERMINATION

Valid Support Tokens do not cease with the core tasks of the Maintenance Service. Support Tokens only expire, terminate, and become invalid: (1) when exchanged for a Support Token Task from the Support Token Task Catalog, (2) if they are not exchanged then within one calendar year of the day it becomes valid, or (3) if you forfeit them.

TERMINATION OF THE PREMIUM THEMES AND PREMIUM PLUGINS

Upon Termination of the Maintenance Service, any Premium Themes and Premium Plugins install or provided by Us must be removed, deleted, or discontinued, with their licenses revoked from You. You will not at any time make a copy of the Premium Themes and Premium Plugins that We have provided as part of the Maintenance Service. Nor will You re-activate them after the termination of the Maintenance Service.

After the Termination of the Maintenance Service (after We remove, delete, and revoke Our licenses to the Premium Themes and Premium Plugins from You), You may enter into a separate contract with each Third-Party to obtain (or retain) the same Premium Themes and Premium Plugins that We used. You, however, would assume all responsibilities and obligations regarding these Premium Themes and Premium Plugins and their maintenance, update, and support.

RESPONSIBILITIES AFTER TERMINATION

By terminating the Maintenance Service, You take on full responsibility to handle any of the tasks that We had performed as part of the Maintenance Service. You will absolve Us of all liability regarding any part of Your Website or business active immediately. If You make any mistakes or receive any losses, You accept full responsibility. You will indemnify and hold Us harmless to any copyright infringement or abuses, including attorney fees and legal expenses that are incurred from termination onward.

TERMINATION OF WEBSITE BACKUPS

The timing of Website Backups tasks may not terminate upon the termination of the Maintenance Service. Additionally, any Backup Copies We may have may be deleted. However, We, at Our discretion, may keep a Backup Copy.

TERMINATION OF CLOUDFLARE AND WP ROCKET

We may remove WP Rocket as described in the “Termination of the Premium Themes and Premium Plugins” section. This removal may affect the performance of Your Website negatively. You will not hold Us responsible. Additionally, if You wish to continue benefiting from the Cloudflare service, you must set-up an account with them and reconnect Cloudflare to Your website with Your account.

OWNERSHIP, COPYRIGHTS, TRADEMARKS

You guarantee, represent, and warrant that all the Content You provide Us for performing the Maintenance Service is owned, copyrighted, or licensed by You. And that You have obtained all waivers, authorizations, and other documentation that may be appropriate to evidence such ownership or licensing. We have the right to require You to show proof of such evidence and make duplicate copies of such evidence for Us to keep at any time. You agree to indemnify and hold harmless Us to any copyright infringement or abuses, including attorney fees and legal expenses that may be the result because of claims by Third-Parties related to such materials.

PREMIUM THEMES AND PLUGINS

PREMIUM THEMES AND PLUGINS PROVIDED BY YOU

For clarification, Your Premium Themes and Premium Plugins are those that You acquired, purchased, licensed, or otherwise provided for use with Your Website. You will not ask Us to pay for or renew the license of any of Your Premium Themes and Premium Plugins under any circumstance. You will not expect Us to keep Your Premium Themes and Premium Plugins to be maintained, updated, upgraded, or working if your license to use them has expired.

PREMIUM THEMES AND PLUGINS PROVIDED BY YOU

For clarification, Our Premium Themes and Premium Plugins are those that We acquired, purchased, licensed, or otherwise provided for use as part of the Maintenance Service. You grant us the right to use, and We may make use of Premium Themes and Premium Plugins. (Example: We often use the WP Rocket plugin to boost a website’s speed and performance.) If We do choose to use Our Premium Themes and Premium Plugins, We will provide them at no extra cost to You while We are performing the Maintenance Service. And We may maintain, activate, deactivate, update, install, uninstall, delete, or upgrade them. Upon termination of the Maintenance Service, we will deactivate, uninstall, and delete them (see “Termination” section.)

WEBSITE DOWNTIME AND OUTAGES

WHEN THE WEBSITE IS NOT WORKING

Due to various causes, both natural and human-made the Maintenance Service or Your Website could become unavailable or experience downtime. Third-Parties could cause these outages (see the “Third-Parties” section.)

  • If You have contracted Us resell Hosting Service to You, You will submit a Support Ticket to Us. We will then work with the Hosting Service to resolve the issue for You according to the separate contract for Hosting that both parties have executed.
  • If You are directly using a Hosting Provider that is a Third-Party, You need to contact that Hosting Provider and pursue the problem according to Your contract with the Third-Party Hosting Provider. You may exchange a valid Support Token for the ”[STT-11] FIX A WORDPRESS OR SERVER USAGE ISSUE” Support Token Task to request that we communicate with the Third-Party on Your behalf.

WHEN THE WEBSITE IS BEING MAINTAINED

You realize that the website may experience downtime or error messages while it is undergoing maintenance, such as a Core Task. You will allow a reasonable time for the performance of the Maintenance Service to become complete and the website to be brought online.

THIRD-PARTIES

The Maintenance Service makes use of various services, plugins, and code, which include those from Third-Parties. Many of the Third-Parties may have entered into agreements, contracts, or licenses with either party separately.

RESPONSIBILITIES TOWARD A THIRD-PARTY

Both parties will indemnify each other from Third-Parties according to the “Indemnity” section. You will not hold Us responsible for the actions of any Third-Party or for any downtime, outages, or other losses associated with them at any time. You will be solely and entirely responsible for the ongoing use, payment, renewal, support, and maintenance of Your Domain Name, Hosting Service, or any other Third-Party except the Premium Themes and Plugins that We have purchased or made available for use as part of performing the Maintenance Service. If Your Hosting Provider terminates Your Website for any reason, You will not hold Us responsible to republish, take over the hosting responsibility without a separately executed contract and compensation, or make the website work again without an independently executed contract and compensation.

COOPERATION WITH THIRD-PARTIES

Both parties will make reasonable efforts to work and cooperate with a Third-Party. You grant Us the right to act on Your behalf while performing the Maintenance Service in connection with any Third-Party.

HOSTING SERVICE RESOURCE LIMITS AND ACCOUNT SUSPENSION

Your agreement with Your Hosting Provider grants You limited amounts of computer and Internet resources, such as an Internet connection speed, disk storage space, memory usage, bandwidth, etc. If You meet or exceed the limits stipulated by Your Hosting Provider, they could temporarily suspend Your account, or other unwanted consequences may arise. If this happens, Your Website may still partially function, often confusing both parties. Your Hosting Provider may also suspend or limit resources if Your payment failed or is late.

 

When these issues with Your Hosting Provider arise, You will choose how You wish to handle the problem. You may either (1) make changes that lower the usage of these resources, or (2) upgrade the current package or agreement, You have entered into with the Hosting Provider to a plan that has ample resources for Your Website’s needs.

PRIVACY POLICIES AND DATA PROTECTION REGULATIONS

Various governing bodies regulate how both parties store, share, process, use, and disclose-the-use of the personal or private data of their citizens and residents. It is Your obligation and responsibility to learn, understand, and follow these laws. We are not legal counsel and not providing legal advice, and You will not construe us to be legal counsel or as providing legal advice.

We may inform You of the technical requirements that could be required to comply with various laws and regulations. You will not hold Us responsible for Your failure to comply with any part of any statute or regulation under any circumstances; also, You will not require, ask, or expect Us to inform You about compliance with any law or regulation. You will indemnify and hold harmless Us against any legal or financial obligations related to failure to comply with any laws.

 

Our Privacy Policy is publicly accessible on their Internet webpages located at https://rdytogo.com/legal/privacy-policy/.

US PRIVACY LAWS

While there is no singular law or regulation in the United States about privacy, the following federal and state laws may apply to You; (1) The Americans With Disability Act, (2) The Cable Communications Policy Act of 1984, (3) The Children’s Internet Protection Act of 2001 (updated in 2013), (4) The Computer Fraud and Abuse Act of 1986, (5) The Computer Security Act of 1997, (6) The Consumer Credit Reporting Control Act, (7) The Children’s Online Privacy Protection Act of 1998, and (8) (The State of California) Business and Professions Code. There may be other laws, regulations, and guidelines not mentioned here or new updates to these laws.

 

If You are located in the United States (primarily if You conduct business with California residents) and do not have a publicly accessible (such as through Your Website) Privacy Policy, We formally recommend that You comply with this law immediately. You must place a compliant Privacy Policy on Your Website.

 

You may exchange a valid Support Token to use the “[STT-2] POST/PAGE CHANGE” Support Token Task to have Us place a Privacy Policy or other policy provided by You on Your Website.

INTERNATIONAL PRIVACY LAWS

Many nations have laws regarding data and privacy. This list is not complete or updated: (1) Australia – Privacy Act of 1988, (2) United Kingdom – Data Protection Act 1998 (or DPA), (3) Canada – Personal Information Protection and Electronic Documents Act, (4) European Union – Data Protection Directive and the GDPR, (5) India – Data Protection section of the Information Technology Act 2000, (6) Singapore – Personal Data Protection Act 2012, (7) Malaysia – Personal Data Protection Act (PDPA) 2013, (8) South Korea – Personal Information Protection Act, and (9) Vietnam – Article 21 of the Law on Information Technology.

 

The International Laws could affect You if You operate in or conduct business with citizens or companies located in the country where the law is enforced.

EU GDPR REGULATIONS

If You provide a service (free services included) or conduct business with a citizen or resident of a European country, You may have to comply with the European Union’s General Data Protection Regulation. Informing You of technical requirements that may be required to comply with the GDPR, is beyond the scope of this Service Agreement and will be billed separately.

THIRD-PARTY PRIVACY AND DATA REQUIREMENTS

You could be contractually required by a Third-Party to provide privacy, data, or some other policy in a publicly accessible way (such as through Your Website). Examples include shipping and refund policies from a merchant services provider or the Privacy Policy agreement for iOS App Store Apps that Apple, Inc. enforces. These Third-Party requirements apply only to You.

 

You may exchange a valid Support Token to use the “[STT-2] POST/PAGE CHANGE” Support Token Task to have Us place policies and text provided by You on Your Website.

TAXES

We may inform You of the technical requirements of complying with various tax laws and regulations. We do not provide tax services and are not a counsel about taxes. You will not construe Us as tax counsel. You will not construe Us as a legal counsel about taxes. You will indemnify and hold Us harmless against any legal or financial obligations related to failure to comply with any tax laws.

SALES AND USE TAXES AND TAX EXEMPTION FROM US

You will pay the amount of any sales, use, excise, or similar taxes applicable to the performance of the Maintenance Service or any other of Our services that you are a recipient of, if any, or, in place of such payment, You will provide Us with a certificate acceptable to the taxing authorities exempting You from payment of such taxes.

YOUR PAYROLL TAXES

Our relationship with You will be an independent contractor. You will not deem any of Our personnel for any purpose to be Your employees. You and Your employees will not hold Us responsible to any governing body for any payroll taxes related to the performance of the Maintenance Service or any of Our other services.

YOUR SALES AND USE TAXES

It is Your responsibility to learn about and collect the amount of any sales, use, excise, or similar taxes applicable to Your business under the law.

PERSONNEL

We will use qualified personnel to provide the Maintenance Service. You agree that Our franchisees and We reserve the right to make changes in Our personnel, including the use of management, franchisees, staff, owners, employees, subcontractors, Third-Party service providers, interns, or apprentices.

PROMOTION

YOUR PROMOTION OF US

You will allow Us to incorporate Our branding on any product resulting from the Maintenance Service or Our other services. Web hyperlink(s) should be placed at the bottom of each webpage on Your Website that promotes Us. We will grant You the right to promote Us by placing hypertext links and badges on other websites and social media networks. You will use one of the appropriate badges or examples as described on Our website or as described in an email message or other communication sent from Us to You.

OUR PROMOTION OF YOU

You grant Us rights to use Your names, trademarks, service marks, symbols, or any abbreviations, without Your prior written consent for the promotion of the Maintenance Service or Our other services concerning You.

CONFIDENTIALITY

Both parties agree not at any time or in any manner, either directly or indirectly, to use for their benefit, or divulge, disclose, or communicate in any manner any information that is proprietary to the other party (e.g., trade secrets, know-how, and confidential information). Both parties will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Service Agreement and Maintenance Service. We may seek and obtain injunctive relief against the release or threatened release of such information in addition to any other legal remedies, which may be available.

WARRANTIES & GUARANTEES

We do not warrant or guarantee that functions contained in the Maintenance Service or any of Our other services will continue to operate and be error-free. You release and hold Us harmless of any liability of damages for lost wages, income savings, or other incidental, consequential, or special damages arising out of the operational errors or malfunctions of the Maintenance Service or any of Our other services. Any future notices will not rescind this release.

DISCLAIMERS

EXCEPT AS EXPRESSLY OUTLINED IN THIS SERVICE AGREEMENT, THE PARTIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE MAINTENANCE SERVICE OR ANY OTHER SERVICE OF OURS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD-PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THE SERVICE AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COST OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD-PARTIES ARISING FROM ANY SOURCE.

INDEMNITY

Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from all Third-Party claims, demands, liabilities, costs, and expenses, including reasonable attorney’s fees, costs, and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warrantee under the Service Agreement or the Maintenance Service.

ASSIGNMENT AND TRANSFER

Neither party may assign or transfer the Service Agreement without the prior written consent of the other party, except that either party may, without the consent of the other, assign the Service Agreement to a controlled subsidiary of that party or a purchaser of all or substantially all of that party’s assets used in connection with performing the Service Agreement, provided the assigning party guarantees the performance of and causes the assignee to assume in writing all obligations of the assignor under the Service Agreement. The rights and obligations of the Service Agreement shall bind and benefit any successors or assigns of the parties.

ATTORNEY FEES

In any legal action between the parties concerning the Service Agreement or the Maintenance Service, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

SEVERABILITY

If any provision of the Service Agreement is held invalid, illegal, or unenforceable, the remaining portions of the Service Agreement shall remain in full force and effect and construed best to effectuate the original intent and purpose of the Service Agreement.

GOVERNING LAW / FORUM

The Service Agreement shall be construed per the internal law of the State of South Carolina and the county of Horry without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the State of South Carolina, Horry County, and both parties expressly consent to jurisdiction in such courts.

APPROVED SIGNER

You warrant that the representative who signs and executes this Service Agreement on Your behalf holds the authority to sign on Your behalf and You designate them as the Approved Signer for all approvals related to the Maintenance Service. This representative will be responsible for all communication with Us and all processes documented in the Service Agreement.

COMPLETE SERVICE AGREEMENT / AMENDMENT

This Service Agreement referenced above supersedes all prior agreements and understandings between the parties for the performance of the Maintenance Service and constitutes the entire agreement and understanding between the parties.

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