1. ACCEPTANCE OF TERMS
This Terms of Service (TOS) agreement is between you (Client) and Sanmol Software (https://sanmolsoftware.com), a Cayman limited liability company, and its legal successors and assigns.
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Sanmol Software services, including but not limited to, software design and development, web design and development, search engine optimization, social media marketing, pay per click advertising, display advertising, banner ads, conversion optimization, and consulting, you (Client) agree to be bound by the following terms and conditions. You, the Client also agrees that electronic acceptance of this TOS shall have the same force and effect as Client agreeing to this TOS in hand written signature.
Sanmol Software provides its services to Client subject to the following TOS, which may be updated from time to time. Sanmol Software will provide Client with a thirty (30) day notice prior to updating this website maintenance agreement, including but not limited to changes in service fees. Client can periodically review the most current version of the TOS at sanmolsoftware.com /website-maintenance-agreement/. Failure to comply with the TOS may result in account or service termination or cancellation. By using Sanmol Software services, Client agrees to (and hereby signs) the most current version of the TOS.
Client’s acceptance of the TOS is binding upon all Sanmol Software services, including the purchase of additional services at a later date.
Agreement means the Project Proposal, Terms and Conditions, Statement of Work and any other attached documents. Services means all services and the work product to be provided to Client by Company as described and otherwise further defined in this agreement.EVALUATION AND ACCEPTANCE
COMPANY agrees to perform the following:
- Make daily or weekly database backups based on the CLIENTS preferences.
- Each database backup will be in a restorable state, meaning, they can be used to restore the website or application whenever needed.
- Database, WordPress and plugin updates on a weekly and/or Monthly basis – as needed to preserve the functioning of the core files.
- 24/7 Malware scanning using software
- All common security updates and tweaks as needed to block all access to database files and admin back-end.
- Protection against brute force attacks and suspicious bots & IP’s
- 5 hours of developer time for all website technical support and website restoration.
Monthly website maintenance does not provide developer time to CLIENT in case of errors and technical support except within the limits of each service plan as stated in PRESENTATIONS. Additional developer time outside the maintenance service plan will be charged separately.SERVICE TERM
Monthly website maintenance services must be in effect for a minimum of three (3) month from the start of this agreement, after which CLIENT may cancel anytime with a fourteen (30) day prior notice to COMPANY.TERMINATION:
Either party may terminate this agreement at any time after the initial 90 Days, or fourteen (30) days prior written notice if the other party breaches any of its material responsibilities or obligations under this Agreement and fails to cure that breach during that fourteen (30) day period.DISPUTE RESOLUTION:
Parties agree to attempt to resolve any dispute by negotiation between the parties.CONFIDENTIAL INFORMATION
Client’s “Confidential Information” includes information that Company should reasonably believe to be confidential. Company’s “Confidential Information” includes the source code of any Company Tools. Company (Sanmol Software) will be holding all source code ownerships and rights to re-use, ability to copy or modify the code if needed in future with backing up version of code for specific client except any code ownership agreement in place with the specific client. All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only be used as needed to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosureCOMPENSATION INVOICES:
All invoices are payable within 7 days of receipt or according to payment terms mentioned on invoice. Invoices shall list any expenses and additional costs as separate items. All due invoices exceeding payment terms will incur late fees.FEES:
Client agrees to pay Company the following fees:
- Minimum 5 hours monthly by 65$ per hour for back of house applications with website support and maintenance.
- Minimum 2 hours monthly by 65$ per for only website maintenance.
- Fees can be negotiable and can be discussed as per CLIENT requirements.
- Any extra hours spend will be charged separately 65$ per hour.
Payment will be due every month from the start date of this Agreement.
Accepted methods of payments are ONLINE or WIRE TRANSFERS or CHECKs only payable at Sanmol Software.NON-ACCEPTED PAYMENTS:
WE DO NOT TAKE CREDIT INFO OVER THE PHONE OR EMAIL.REFUND & CANCELLATION
Please read our REFUND & CANCELLATION POLICYINDEMNIFICATION AND LIABILITY
By signing on to this agreement, CLIENT agrees that COMPANY IS NOT LIABLE of current and future website errors, hacking, or other technical problems and holds no responsibility if such issues were to occur. Client shall indemnify Company from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Company shall promptly notify Client in writing of any third party claim or suit. Client shall have the right to fully control the defense and any settlement of such claim or suit.
COMPANY agrees to execute all items listed in PRESENTATIONS and abide by this services agreement.LIMITATION OF LIABILITY:
THE SERVICES AND THE WORK PRODUCT OF COMPANY ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“COMPANY PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF COMPANY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY COMPANY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.