WEBSITE MAINTENANCE AGREEMENT
This Maintenance Agreement ("Agreement") is entered into between B Creative Studio ("BCS") and the client signing up for a Website Maintenance Plan ("Client"). It applies to the purchase of all monthly Website Maintenance Plans ("Plans") ordered by the Client.
1. Term and Termination
This Agreement starts on the date the Client signs up for a Plan. All Plans require a minimum commitment of six (6) months. After the initial six-month term, the Agreement continues on a month-to-month basis until either party provides written notice to terminate.
Either party may terminate this Agreement by providing 30 days' written notice via email to hello@bcreativestudio.au.
BCS may also terminate this Agreement immediately if the Client:
Fails to pay any fees when due
Fails to provide reasonable cooperation or access required for BCS to perform the Plan
Materially breaches any obligation under this Agreement and does not remedy the breach within 30 days of receiving written notice
On termination, the Client is responsible for paying for all work completed up to and including the date of termination.
2. What's Included in the Plan
BCS agrees to provide the Client with the inclusions outlined in the Plan selected at sign-up, as listed on bcreativestudio.au/wordpress-maintenance. Plan inclusions may include WordPress, theme, and plugin updates; security monitoring; backups; uptime monitoring; speed and performance optimisation; SEO improvements; content updates; and other items specific to the chosen Plan.
Allocated time for content updates and SEO improvements is monthly and does not roll over to the following month if unused.
3. Fees and Payment
The Client agrees to pay BCS the monthly fee for the chosen Plan as billed. Fees are payable in advance and must be received before each billing cycle begins.
BCS is authorised to charge the Client's nominated credit card or payment method for amounts owed under this Agreement.
In the event of termination, BCS does not provide refunds for completed work or for the current billing cycle, except where required by Australian Consumer Law.
4. Client Responsibilities
To allow BCS to perform the Plan, the Client agrees to:
Provide and maintain BCS's access to the Client's website (admin login, hosting, and any third-party tools required)
Clearly communicate any content, images, or information that needs to be updated or added
Provide content in a usable format (Google Docs, Word, or email) — BCS is not responsible for transcribing, rewriting, or proofreading content provided by the Client
Hold and maintain valid licenses for any premium plugins or themes installed on the website (unless covered by the Plan)
5. What's Not Covered
The Plan does not include:
Image editing, graphic design, or graphic assets
Custom development, programming, or database changes
Search engine optimisation work beyond what's included in the chosen Plan (SEO improvements are included on Grow and Scale Plans only)
Repair of websites compromised, hacked, or infected before sign-up
Issues caused by changes made to the website by parties other than BCS
Third-party plugin compatibility issues outside BCS's control
Any work that exceeds the time allocated in the Plan, or falls outside the Plan's inclusions, will be quoted separately and charged at $140 + GST per hour, billed in 30-minute increments.
6. Search Engines and Third-Party Services
BCS has no control over the policies of search engines, directories, or third-party platforms. The Client's website may be ranked, de-ranked, or excluded from any search engine or directory at the sole discretion of that platform. BCS does not guarantee specific search rankings, traffic levels, or conversion outcomes.
BCS makes no warranty, express or implied, regarding third-party plugins, themes, hosting, or services obtained from third parties.
7. Backups and Recovery
BCS makes regular backups of the Client's website as outlined in the Plan. Where possible, BCS will assist with restoring files, pages, or databases from backup. While BCS uses commercially reasonable efforts to maintain backup integrity, recovery is not guaranteed in all circumstances.
8. Indemnification
The Client agrees to indemnify BCS against any claims, damages, or costs arising from:
Content (text, images, video, audio, or other material) provided by the Client to BCS
Any claim that BCS's use of Client-provided content infringes the intellectual property rights of a third party
For BCS to be entitled to indemnification, BCS must give the Client prompt written notice of any claim and reasonably cooperate with the Client's defence.
9. Limitation of Liability
To the maximum extent permitted by law, BCS is not liable for indirect, special, or consequential damages, including lost profits or loss of data, arising from this Agreement.
Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot be lawfully excluded.
10. Client Representations
The Client represents and warrants that:
All content, images, graphics, trademarks, and other materials provided to BCS are owned by the Client or used with permission from the rightful owner
The Client's website was not compromised, hacked, or infected at the time of signing up for the Plan
11. Confidentiality
Both parties agree to keep each other's confidential information in strict confidence. Confidential information includes contracts, business methods, financial information, login credentials, and any other non-public information shared during the course of this Agreement.
Confidential information does not include information that:
Is or becomes publicly known through no breach of this Agreement
Was already known to the receiving party
Is independently developed without reference to the disclosing party's information
Is required to be disclosed by law or court order
These confidentiality obligations continue for three (3) years after this Agreement ends.
12. Force Majeure
Neither party will be in breach of this Agreement for any delay or failure to perform caused by events beyond their reasonable control, including natural disasters, internet or hosting outages, cyberattacks, or government action. The affected party will give prompt written notice and use reasonable efforts to minimise the impact.
13. Jurisdiction
This Agreement is governed by the laws of Queensland, Australia. Any disputes will be resolved in the courts of Queensland, and both parties consent to the jurisdiction of those courts.
14. Assignment
The Client may not assign this Agreement to a third party without BCS's prior written consent. BCS may assign subcontractors as needed to deliver the Plan.
15. Waiver
A waiver of any breach of this Agreement is not a waiver of any other or future breach.
16. Severability
If any clause in this Agreement is found to be invalid or unenforceable, the rest of the Agreement remains in effect.
