Backups and Security Scans – Nikita Productions

You are contracting Saied Abbasi dba WPHelp.co (the Contractor) to assist with the website you’ve noted above in the Website URL field (the Website) on this form. Contractor possesses technical expertise in the field of web development and, in particular, the creation and development of websites, maintenance and ongoing support; and you (name field entered above on this form) and name on credit card (referred to below as the Client) are requesting assistance with your Website in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Client and the Contractor agree as follows:
RETENTION OF CONTRACTOR. Client hereby retains the services of the Contractor to provide Maintenance and Support to the Client's Website.
DESCRIPTION OF SERVICES. Beginning upon form submission or the first of the following month, Contractor will provide the following services connected with the Maintenance and Support of the Website. (collectively, "Maintenance and Support", and separately as “Maintenance” and “Support”):
Maintenance services billed at a flat, monthly subscription rate of $10 or $30/quarter:
-Backups of site files and content
-Security Scans of Website to detect known vulnerabilities and cross reference the site versus blacklists
Support services billed at the hourly rate of $110/hour by request:
-General Web Development,
-Web Design and Photo Editing,
-Content Management,
-Consultation,
-Client Communication
-Bug fixes, troubleshooting,
-Tutorials,
-DNS configuration, assistance in communicating with technical third parties,
-Responding to downtime if issue stems from anything other than an update and in the case of some updates that require more in depth resolution than Maintenance services cover,
-Etc.

PAYMENT FOR MAINTENANCE AND SUPPORT. In consideration of the Maintenance and Support services to be performed by the Contractor, Client agrees to compensate the Contractor for the services rendered as follows:
Contractor's fees for the monthly Maintenance services specified in Description of Services, above, will be charged at a rate of $10.00 per month or $30/quarter. Your credit card on file will be automatically charged each quarter or if you elect to pay by check you will receive an invoice with net 30 payment terms.
Contractor’s fees for ongoing Support services specified in the Description of Services above will be billed at a rate of $110.00 per hour billed in quarter hour increments. Should Client use any Support services, those services will be billed monthly through invoice and the Client will need to process those payments manually.
The Client will be required to pay the Contractor within 30 days of receiving their monthly invoices. Payments later than 45 days are subject to a 3% penalty at the Contractor’s discretion.
All expenses beyond Maintenance & Support, and Email Services charged on behalf of the Client will be pre-approved via email. The Client will be invoiced and pay Contractor’s costs and expenses monthly.
RELEASE OF DIGITAL ASSETS. The Client hereby grants the Contractor permission to access, receive, and utilize the Client's digital assets solely for the purpose of performing website migration, website Maintenance, consulting, and hosting services. This access will be facilitated by the Client’s current service provider Trevellyan.biz
This authorization specifically includes, but is not limited to:
Access Credentials:
Permission to receive and use login information for the domain registrar, current web hosting control panels, and content management systems.
Site Backups:
Authorization to create, download, and store copies of the website’s source code, databases, and media files to facilitate the move.
Domain Management:
Permission to initiate and manage domain transfers or DNS record updates as required for the migration and Maintenance services.
Third-Party Services:
Authorization to interact with third-party vendors (e.g., SSL providers, plugin developers) on the Client’s behalf to ensure service continuity.
TERM/TERMINATION. This Agreement may be terminated by the Client with 30 days' written notice to the Contractor. This Agreement may be terminated by the Contractor with 30 days' written notice to the Client. Client agrees to maintaining a subscription for a minimum of one year and will owe a minimum of $120 for Maintenance services regardless of when the Agreement is terminated.
RELATIONSHIP OF PARTIES. It is understood by the parties that the Contractor is an independent contractor with respect to Client, and not an employee of Client. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the "Work Product") developed in whole or in part by the Contractor in connection with the Services shall be the exclusive property of the Client.
LAWS AFFECTING ELECTRONIC COMMERCE. Client agrees that Client is solely responsible for complying with laws, taxes, and tariffs that governments enact and fix from time to time in connection with Internet electronic commerce, and shall indemnify, hold harmless, protect, and defend the Contractor and its subcontractors from any cost, claim, suit, penalty, or tariff, including attorneys' fees, costs, and expenses, arising from Client's exercise of Internet electronic commerce.
INDEMNIFICATION. To the extent the Contractor has any indemnification obligations under this Agreement, such obligations shall not apply to any claim, suit, or proceeding arising out of or relating to services or deliverables created pursuant to designs, ideas, instructions, materials, requirements, or specifications provided by the Client.
Any indemnification obligations of the Contractor, if applicable, shall be subject to the Limitation of Liability set forth in this Agreement and shall be capped, in the aggregate, at an amount equal to the total fees actually paid by the Client to the Contractor under this Agreement during the six (6) months immediately preceding the event giving rise to the claim.
Any such indemnification liability shall be limited exclusively to amounts actually paid and recovered under applicable professional liability (errors and omissions) insurance maintained by the Contractor.
The Contractor shall have no obligation to defend, indemnify, or hold harmless the Client from its own funds, and in no event shall any indemnification obligation increase the Contractor’s total liability beyond the lesser of (i) the applicable insurance proceeds or (ii) the six-month fees-paid cap stated above.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of North Carolina.
LIMIT OF LIABILITY - Any recovery of liability under any provision herein shall be limited to the Contractor's collected fees under this Agreement in the past 6 months.
CONFIDENTIALITY. Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Contractor, or divulge, disclose, or communicate in any manner any information that is proprietary to Client. Contractor will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Contractor will return to Client all records, notes, documentation and other items that were used, created, or controlled by Contractor during the term of this Agreement.
EMPLOYEES. Contractor 's employees, if any, who perform services for Client under this Agreement shall also be bound by the provisions of this Agreement. At the request of Client, Contractor shall provide adequate evidence that such persons are Contractor 's employees.
ASSIGNMENT. Contractor retains the right to employ consultants, who will be overseen by Contractor, to provide assistance with support tasks if they deem it necessary to provide the best service possible.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT. No amendment, waiver, or discharge of any provision of this Agreement shall be effective against Client or Contractor without the written consent of both Client and Contractor.
NOTICES. Any notice required to be given pursuant to this Agreement shall be in writing either via email or mailed by certified or registered mail, to the addresses mentioned above. If mailed the sending party will follow up with an email notifying the other that such correspondence has been placed in the mail.