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Terms of Service

Last Updated: May 13, 2026

These Terms of Service (“Terms”) govern the website maintenance, development, and support services (“Services”) provided by WP Maintenance Agency (“we,” “us,” “our,” or “WPMA”) to you (“Client,” “you,” “your”). By subscribing to any plan, engaging us for project work, or utilizing our services, you acknowledge and agree to be bound by these Terms.

1. Definitions

  • Services — WordPress maintenance plans, one-time fixes, development projects, speed optimization, malware removal, migration services, and any other work performed by WPMA on your behalf.
  • Maintenance Plan — A recurring monthly subscription for ongoing WordPress maintenance as described on our pricing page.
  • Project Work — One-time or fixed-scope engagements including but not limited to emergency fixes, speed optimization, malware removal, migrations, redesigns, and custom development.
  • Business Hours — 24/7, excluding US federal holidays.
  • Response Time — The time between receiving a support request during Business Hours and our initial acknowledgment or reply. Response time does not mean resolution time.
  • Site — The WordPress website(s) covered under your active plan or project engagement.

2. Scope of Services

2.1 Maintenance Plans

Maintenance plans include the services described on our pricing page at the time of your subscription. Typical inclusions are:

  • WordPress core, plugin, and theme updates
  • Daily offsite backups with 30-day retention
  • Uptime monitoring
  • Security scanning and hardening
  • Monthly reporting

2.2 What Is NOT Included

Unless explicitly stated in your plan or a separate project agreement, the following are NOT included in maintenance plans:

  • Malware removal and hack recovery (quoted separately)
  • Speed optimization and Core Web Vitals tuning (quoted separately)
  • Content creation, copywriting, or SEO services
  • Custom development beyond included dev hours
  • Third-party software licensing fees (plugins, themes, SaaS tools)
  • Hosting fees or domain registration
  • Issues caused by client modifications made outside our maintenance scope
  • Issues caused by third-party services, hosting infrastructure failures, or DDoS attacks
  • Redesigns or major structural changes to the website

2.3 Project Work

Project work (one-time fixes, migrations, development, etc.) is scoped and quoted separately. A written quote or proposal constitutes the scope agreement for that project. Work outside the agreed scope requires a separate quote and approval.

3. Response Times and Service Levels

3.1 Response Time Targets

Response times stated on our website and in marketing materials are best-effort targets during Business Hours, not guarantees. Specifically:

  • Response time means initial acknowledgment of your request, not diagnosis or resolution.
  • Our Target: We target a response within 24 hours for plan clients.
  • Emergency prioritization: Critical issues (site down, active security breach) receive priority over routine requests, but we do not guarantee specific resolution timeframes.

3.2 Resolution Times

We do not guarantee specific resolution timeframes. The time required to diagnose and resolve an issue depends on its complexity, the hosting environment, third-party dependencies, and access provided by the Client. Some issues may require multiple hours or days of investigation.

3.3 Uptime and Performance

Any uptime percentages, performance metrics, or statistics referenced on our website represent historical averages or targets, not guarantees. We do not provide uptime guarantees or financial credits unless explicitly agreed in a separate, signed Service Level Agreement.

3.4 Monitoring

Automated monitoring tools (uptime checks, security scanning) operate continuously. Human review and response to alerts occurs during Business Hours unless a custom arrangement is agreed in writing.

4. Client Responsibilities

4.1 Access and Credentials

You are responsible for providing timely access to your website, hosting account, and any other systems required for us to perform the Services. This includes:

  • WordPress administrator credentials
  • Hosting control panel or SSH access
  • DNS management access (when required for migrations)
  • Any third-party service credentials relevant to maintenance

Delays in providing access extend all stated timeframes proportionally. We are not responsible for delays caused by your failure to provide necessary credentials or approvals.

4.2 Backups and Data

While we perform regular backups as part of our maintenance plans, you acknowledge that:

  • No backup system is infallible. Hardware failures, software bugs, and unforeseen circumstances can affect backup integrity.
  • We recommend you maintain your own independent backups in addition to those we provide.
  • We are not liable for data loss resulting from hosting provider failures, client actions, malicious attacks, or circumstances beyond our reasonable control.

4.3 Approvals

For project work, you are responsible for reviewing and approving deliverables in a timely manner. If approval is not received within 14 days of delivery, the work is deemed accepted.

4.4 Client-Made Changes

If you or a third party makes changes to your website outside of our maintenance scope (installing plugins, modifying code, changing hosting settings), we are not responsible for issues arising from those changes. Fixing issues caused by unauthorized changes may be billed as additional project work.

5. Billing and Payment

5.1 Maintenance Plans

  • Plans are billed monthly in advance on the same date each month.
  • Payment is due upon invoice. Services may be suspended if payment is more than 7 days overdue.
  • Prices may change with 30 days written notice. You may cancel before the new price takes effect.

5.2 Project Work

  • Project work is quoted in advance with a fixed price.
  • Payment terms for projects: 50% deposit before work begins, 50% upon completion, unless otherwise agreed in writing.
  • For emergency fixes: full payment is due upon completion of the work and delivery of the diagnosis report.

5.3 Refunds

  • Maintenance plans: No refunds for partial months. You may cancel at any time with 30 days notice and your plan remains active until the end of the current billing period.
  • Project work: Deposits are non-refundable once work has commenced. If we are unable to resolve your issue, you will receive a written diagnosis report explaining what was found and attempted.

5.4 Price Ranges

Any pricing ranges stated on our website (e.g., “$200-$600”) are estimates for typical engagements. Final pricing is confirmed in a written quote before work begins. Complex issues may exceed stated ranges.

6. Cancellation and Termination

6.1 Client Cancellation

You may cancel your maintenance plan at any time with 30 days written notice (email is sufficient). Your plan remains active until the end of the current billing period. No refunds for remaining days in a billing cycle.

6.2 Our Right to Terminate

We reserve the right to terminate services with 30 days notice for any reason, or immediately if:

  • Payment is more than 14 days overdue
  • Your site is used for illegal activity
  • You engage in abusive or threatening behavior toward our team
  • Your site poses a security risk to our other clients or systems

6.3 Upon Termination

Upon termination of services:

  • We will provide you with your most recent backup upon request.
  • Access credentials we created will be transferred to you.
  • We retain no obligation to maintain, store, or provide access to your site after the termination date.
  • Any outstanding invoices remain due and payable.

7. Limitation of Liability

7.1 Cap on Liability

To the maximum extent permitted by law, our total aggregate liability to you for any and all claims arising out of or related to the Services shall not exceed the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.

7.2 Exclusion of Damages

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of revenue, profits, or business
  • Loss of data or data corruption
  • Loss of search engine rankings or organic traffic
  • Reputational damage
  • Cost of procurement of substitute services
  • Business interruption

This applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

7.3 No Guarantee of Outcomes

We provide professional best-effort services. We do not guarantee:

  • Specific uptime percentages (unless agreed in a separate signed SLA)
  • That updates will never cause issues
  • That security measures will prevent all attacks
  • That speed optimization will achieve specific metrics
  • That migrations will have zero impact on search rankings
  • That backups will always be complete and restorable
  • Resolution of issues within specific timeframes

7.4 Third-Party Dependencies

We are not liable for issues caused by:

  • Your hosting provider (server outages, hardware failures, network issues)
  • Third-party plugins or themes (bugs, vulnerabilities, discontinuation)
  • Third-party services (payment gateways, CDNs, email providers, DNS)
  • Changes to search engine algorithms
  • DDoS attacks or other malicious activity by third parties
  • Force majeure events (natural disasters, pandemics, government actions)

8. Indemnification

You agree to indemnify, defend, and hold harmless WPMA, its owners, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to:

  • Your use of the Services
  • Your breach of these Terms
  • Content on your website that infringes third-party rights
  • Your violation of any applicable law or regulation
  • Claims by your end users or customers related to your website

9. Intellectual Property

9.1 Your Content

You retain ownership of all content, data, and intellectual property on your website. We claim no ownership over your content.

9.2 Our Work Product

Custom code, configurations, and solutions developed specifically for your site as part of a paid engagement become your property upon full payment. We retain the right to reuse general techniques, methodologies, and non-proprietary code patterns in other client work.

9.3 Third-Party Software

Third-party plugins, themes, and tools remain the property of their respective owners and are subject to their own license terms.

10. Confidentiality

We will treat your site credentials, business information, and technical details as confidential. We will not share your information with third parties except:

  • As required to perform the Services (e.g., communicating with your hosting provider on your behalf)
  • As required by law
  • With your explicit written consent

11. White-Label Services

For clients using our white-label services:

  • We will not contact your end clients directly unless authorized by you.
  • All client-facing materials will use your branding as agreed.
  • You are responsible for your own terms of service with your end clients.
  • Our liability to you is governed by these Terms regardless of any representations you make to your end clients.

12. Acceptable Use

You agree not to use our Services to maintain websites that:

  • Distribute malware or engage in phishing
  • Host illegal content
  • Violate intellectual property rights
  • Engage in spam or unsolicited bulk communications
  • Are used for any activity that violates applicable law

We reserve the right to refuse or discontinue service for sites that violate this policy.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute, both parties agree to attempt informal resolution through good-faith communication for a period of at least 30 days.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which WPMA operates, without regard to conflict of law principles.

13.3 Limitation Period

Any claim arising out of or related to these Terms or the Services must be brought within one (1) year of the event giving rise to the claim.

14. Modifications to Terms

We may update these Terms from time to time. Material changes will be communicated via email to active clients at least 30 days before taking effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with any signed project proposals or Service Level Agreements, constitute the entire agreement between you and WPMA regarding the Services. They supersede all prior agreements, representations, and understandings.

17. Contact

Questions about these Terms? Contact us at:

WP Maintenance Agency
Email: [email protected]
Phone: 1-866-928-2248
Web: wpmaintenanceagency.com/contact/

These Terms of Service are effective as of the date listed above and apply to all new and existing clients.