These Maintenance and Support Terms (“Terms”) outline the maintenance and support services provided by Digital Rugby, a brand operated by 1 Point 3 Creative Ltd (“Provider”), to the Client.

By accepting a Quotation or Client Order, the Client agrees to these Terms. These Terms are applicable as of the date of the Quotation or Client Order.

1. Scope of Services

1.1 The Provider agrees to deliver maintenance and support services (“Services”) for the Client’s website(s) as outlined in the Quotation or Client Order.

1.2 Services include, but are not limited to:

  • Site Monitoring and Maintenance:
    • Performance optimization.
    • Plugin and theme updates.
    • Security monitoring and issue resolution.
    • Automated backups using Duplicator Pro stored on Google Drive.
  • Support and Issue Resolution:
    • Direct integration with WPMUDEV support for plugins and applications.
    • Assistance with Hostinger’s AI and ticketing system for server-related issues.
  • Uptime Monitoring and Alerts:
    • Continuous monitoring to ensure site availability.
    • Rapid response to downtime incidents.
  • Reporting and Analytics:
    • Regular reports on website performance, SEO, updates, and security metrics.

1.3 The Provider will use tools such as The Hub by WPMUDEV, Duplicator Pro, and Hostinger’s AI and support system to deliver the Services.

2. Service Levels

2.1 Standard Response Times:

  • Critical issues: Response within 4 hours during business hours.
  • Non-critical issues: Response within 24 hours during business days.

2.2 Resolution Times:

  • Critical issues: Resolution within 24 hours, subject to complexity.
  • Non-critical issues: Resolution within 5 business days, unless otherwise agreed.

2.3 The Provider will make best efforts to meet these timelines but does not guarantee resolution within specified times for issues beyond the Provider’s control.

3. Client Responsibilities

3.1 The Client agrees to:

  • Provide necessary access to website(s), hosting platforms, and administrative panels.
  • Ensure payment of all fees in a timely manner.
  • Notify the Provider promptly of any issues or changes affecting the website(s).

3.2 The Client is responsible for providing up-to-date and accurate contact information for communications.

4. Fees and Payment

4.1 Fees associated with the Services are detailed in the Quotation or Client Order.

4.2 Payment terms:

  • Monthly fees are due in advance on the first day of each month.
  • Additional charges for out-of-scope work will be billed separately at the Provider’s standard hourly rate as specified in the Quotation or Client Order.

4.3 Late payments will incur a 1.5% interest charge per month on any outstanding balances.

5. Limitations of Service

5.1 The Provider does not guarantee:

  • Compatibility of all plugins or third-party tools with the Client’s website(s).
  • Recovery of data lost due to Client actions outside of the Provider’s control.

5.2 Services do not include:

  • Redesigns or significant structural changes to the website.
  • Development of new features unless explicitly agreed upon in writing.

6. Data Security and Backups

6.1 The Provider will:

  • Use Duplicator Pro to perform automated backups, stored securely on Google Drive.
  • Ensure backup schedules are consistent with the terms outlined in the Quotation or Client Order.

6.2 The Client acknowledges that:

  • Backups are intended for recovery purposes and should not be used as archives.
  • The Provider is not liable for data loss or corruption resulting from Client actions or external factors beyond the Provider’s control.

7. Term and Termination

7.1 This Agreement will remain in effect for the duration specified in the Quotation or Client Order and will continue on a rolling monthly basis unless terminated by either Party.

7.2 Either Party may terminate this Agreement:

  • With 30 days’ written notice.
  • Immediately, if the other Party breaches any material term of this Agreement and fails to remedy the breach within 14 days of notice.

7.3 Upon termination:

  • The Provider will deliver any remaining reports and backups to the Client.
  • The Client will pay for all Services rendered up to the termination date.

8. Liability and Indemnification

8.1 The Provider’s liability for any claims arising from this Agreement is limited to the fees paid by the Client in the 1 month preceding the claim.

8.2 The Client agrees to indemnify and hold harmless the Provider from any claims, damages, or liabilities arising from:

  • The Client’s misuse of the website(s).
  • Content provided by the Client.

9. Confidentiality

9.1 Both Parties agree to maintain the confidentiality of all proprietary or sensitive information shared during the term of this Agreement.

9.2 This clause survives termination of the Agreement.

10. Dispute Resolution

10.1 The Parties agree to resolve disputes amicably through negotiation.

10.2 If negotiation fails, disputes shall be resolved through mediation in accordance with the rules of [Insert Mediation Institution].

10.3 Any unresolved disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Governing Law

This Agreement is governed by and construed in accordance with the laws of England and Wales.

12. Notices

All notices under this Agreement must be in writing and delivered to:

  • Digital Rugby: 24 Regent Place, Rugby, CV21 2PN, United Kingdom