These Terms and Conditions outline the agreement (“Agreement”) between FluteToot Marketing Ltd (“we” or “us”) and you, the client (“you”), regarding our WordPress Website Care Plan services (“Care Plan”).
By using our Care Plan, you agree to these terms:
1. Services Provided
We will provide the following WordPress Website Care Plan services:
- WordPress Updates: Regular updates to WordPress core, themes, and plugins to ensure optimal performance and security.
- Backups: Scheduled backups of website files and database(s) to protect against data loss.
- Bug Fixes: Troubleshooting and resolution of minor website errors or malfunctions.
- Security Monitoring: Proactive measures to safeguard the website against security threats and vulnerabilities, including the use of the Wordfence plugin.
- Activity Logging: Installation and management of an activity logging plugin to track changes made to the website, aiding in troubleshooting.
- Technical Support: Support for questions and assistance regarding the website’s functionality (limitations outlined in Section 3).
- Unlimited Content Changes: We will make an unlimited number of minor content changes to existing website pages (e.g., text updates, image swaps, basic layout adjustments). This is subject to the Fair Use Policy outlined below. All requests must be sent via email to support@flutetoot.com
- 24/7 Uptime Monitoring: Round-the-clock checks to ensure your website is accessible to visitors. If downtime is detected, we’ll investigate and work to resolve issues promptly.
- DNS Record Configuration & Management: This service helps connect your website’s domain name (like www.yourdomain.com) to the correct server. It’s like the internet’s address book, making sure people can find your site properly.
- Google Search Console & Analytics Configuration: We’ll set up Google Search Console and Google Analytics (GA4) to provide insights into your website’s traffic, search performance, and user behaviour.
- Monthly Reporting: You’ll receive a summary of your website’s maintenance record and, if connected, key Google Analytics insights each month. This report keeps you updated on the health and performance of your website.
- Website Hosting:
- WordPress-Optimised Cloud Servers: Provides a fast and reliable hosting environment tailored for WordPress sites.
- Free SSL Certificate: Ensures secure connections between your website and visitors, indicated by the “https” in the address bar.
- 1GB Storage Space: Ample space for your website’s files, images, and content.
2. Requirements
- To maintain and secure your website in accordance with best practices, we require the addition of the following types of plugins and provisions for your website (which we will configure for you):
- Security: for security monitoring, protection, and 2-factor login authentication management.
- Maintenance: for uptime monitoring, backups, and update management, and reporting.
- Activity auditing: to track the latest changes made to the website for troubleshooting and security purposes.
- All administrator, editor, and shop manager (if applicable) account roles for your website will also require 2FA (2-factor authentication) to be configured within a 30-day grace period. This will require the use of an authentication plugin, such as Google Authenticator or Microsoft Authenticator, which will generate a one-time-passcode to help secure your login attempts.
- To maintain fair use of the server’s resources, images and other downloadable files (such as PDFs) may be resized or compressed. Please ensure you have original backups of media files saved elsewhere if you require them.
3. Fair Use Policy (Content Changes)
- Unlimited content changes are for minor updates to existing content and elements. Complex changes, new page design, the production or significant editing of new content, or significant layout alterations may incur additional fees.
- Requests will be handled in a timely manner, but turnaround time may vary depending on the complexity and volume of changes.
- We reserve the right to review and assess whether changes fall within the scope of the Fair Use Policy.
4. Term and Payment
- Initial Term: This Agreement has a minimum initial term of six (6) months.
- Rolling Term: After the initial term, this Agreement will continue on a month-to-month basis.
- Payment: You agree to pay your monthly agreed fee via direct debit. Payments will be collected on or shortly after the 1st of each month.
- Notice of Cancellation: You may terminate this Agreement with thirty (30) days written notice.
5. Limitations
- This Care Plan does not include major website development, design changes, or the addition of significant new features. These services may be quoted separately upon request.
- Technical support is limited to issues directly related to WordPress core, themes, plugins, and the functionality covered under this Agreement.
- We are not liable for website issues caused by your actions, third-party plugins not maintained by us, or hosting-related problems (such as major server failure or downtime) caused by our suppliers.
- Email Note: This hosting plan does not include email accounts or management. You can create a branded email address (you@yourdomain.com) with free POP-compatible servers like gmail.com or with similar external services.
6. Confidentiality
- We agree to maintain the confidentiality of any sensitive business or website information shared during this Agreement.
7. Warranties and Disclaimers
- We provide this Care Plan with good faith and industry-standard practices. However, there is no guarantee that every bug, error, or security risk can be prevented or resolved.
- We will use our best efforts to restore your website in the event of data loss, but cannot guarantee 100% recovery under all circumstances.
- These terms do not provide a guarantee against loss of earnings from downtime or lack of website functionality, and FluteToot Marketing Ltd will not be liable for damages in the event of website failure.
- Since it falls beyond the scope of our services, email deliverability (including the deliverability of emails sent from website forms to your inbox) cannot be guaranteed, but we may offer diagnostic troubleshooting so that information can be passed to your IT support provider if necessary.
- You acknowledge sole responsibility for all content displayed on your website. FluteToot Marketing Ltd shall not be held liable for any damages or losses arising from the content, including but not limited to copyright infringement, defamation, inaccuracies, or any unlawful material. This includes any content which we have added at your request.
8. Termination
- You may terminate this Agreement with thirty (30) days written (including email) notice.
- FluteToot Marketing Ltd may terminate this Agreement at any time and will refund any overpayment for services to you within thirty (30) days.
- Upon termination, all prepaid fees are non-refundable.
- Whether either party terminates this Agreement, all website files will be transferred to you. It is your responsibility to ensure the safe storage or repurposing of these files, as we will not keep backups once this Agreement has been terminated.
9. General Provisions
1. Governing Jurisdiction
- This Agreement is governed by the laws of England and Wales.
2. Modifications to Terms
- We reserve the right to update these Terms and Conditions at any time. If significant changes are made, you will be notified; you may cancel this Agreement in writing (including email) if you do not agree to the new terms. Your continued use of the Care Plan following any updates constitutes your acceptance of the modified terms.
3. Severability
- If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
This document was last updated 8th January 2025.
