Web Hosting & Maintenance Agreement

This agreement is made and entered into by and between Precision Pages, Inc. (“Precision”) and The Client (“Client”) and it will be effective as of the date that it is signed by both parties. Note if Client is an entity rather than an individual the owners of the entity will also be required to sign this agreement to have a binding agreement.

RECITALS

1. Precision is a Colorado company which both builds web sites and hosts and maintains web sites.
2. Client has a web site which it desires Precision to host and maintain.
3. Precision is willing to host and maintain Client’s website.
4. There is set forth in the attached exhibit A, which is incorporated herein by this reference, the duties and obligations of Precision in hosting and maintaining Client’s website.
5. This agreement shall be a month-to-month agreement which will renew automatically each and every month unless it is terminated on thirty (30) days written notice. There need not be any reason for terminating the agreement. Exhibit B which is incorporated herein by this reference sets forth what are the rights and obligations of both parties when the agreement terminates.
6. There is set forth in the attached Exhibit C which is incorporated herein by this reference, how Precision will be paid for its services. It sets forth what happens if a payment is not timely made by Client. It also sets forth the remedies available to Precision if a payment is more than 15 days late. The exhibit also sets forth how and when the compensation is to be paid to Precision.
7. It is agreed that if Client is an entity of any type that the owners of Client do hereby agree that shall be legally liable and responsible along with Client to abide by the terms of this agreement and make all payments required by this agreement if Client does not make a required payment. In the event of a breach of this agreement by Client, the owners of Client will be liable along with for all damages that Precision occurs as the result of the breach by Client including attorney’s fees and court costs that Precision incurs.

The parties have verbally agreed as to the terms of their agreement and they now desire to reduce their agreement to writing. The following is their agreement.

1. Incorporation of recitals. The recitals set forth above and exhibits A, B and C are hereby incorporated into the agreement and are part of the agreement.
2. Authorization to enter into this agreement. Both parties to this agreement do hereby represent and warrant that they are authorized to enter into the agreement. Each represents and warrants that they have each had the opportunity to review this agreement with advisors of their own choice and there was no coercion placed on the parties to sign this agreement. If Client is an entity all owners of the entity have also had the right to review this agreement with advisors of their own choice and no coercion was placed on them to sign the agreement.
3. Binding effect. This agreement is binding upon the parties hereto, their personal and legal representatives, their successors transferees and assigns.
4. Governing law. This agreement shall be governed by the laws of the State of Colorado and any action regarding this agreement will be held in Jefferson County District Court, State of Colorado. Both parties agree to this jurisdiction. Also, if Client is an entity, the owners of the entity agree as to the governing law and jurisdiction.
5. Notices. Any notice which is to be provided pursuant to this agreement shall be in writing and shall be :1) personally delivered; 2. sent by certified mail, return receipt requested, postage prepaid; or 3. sent by email if the recipient party acknowledge receipt of the email notice. Contact Precision through our website.
6. Counterparts. This agreement may be signed in counterparts and once signed by all parties, it will be a binding agreement.
7. Modifications to the agreement. Any modification to this agreement must be in writing for the protection of the parties.

EXHIBIT A
Duties and Obligations of Precision

WordPress Updates
Precision will apply any available updates to WordPress core, themes, and plugins every week. We use software and humans to update and review your site during this process. In rare circumstances, a website might break in response to an update through no fault of Precision, such as sites with outdated or buggy custom code, or dependencies that have grown incompatible with a new plugin or WordPress core update. Up to one hour of troubleshooting and development to remedy such issues is included each month. This is enough time to repair 90% of minor issues. Estimates will be provided for projects that are likely to exceed one hour.

Development Environment
A copy of your website, running on an alternate domain, is used when Precision has in depth updates to complete. This ensures the live website is unaffected during the troubleshooting process.

Backup & Recovery
Precision takes responsibility for nightly backups of your entire site. Restoring your site is as easy as calling or emailing. Backups are stored for 28 days.

Uptime Monitoring
Precision takes responsibility for your website’s uptime. If it is ever down for any reason, our team is automatically notified and will address the situation immediately.

DNS Hosting
Precision prefers to manage your DNS for your domain, but this is not a requirement. Clients do not have direct access to DNS, however requesting an update is an easy process that can be initiated with an email or phone call to our team.

Migration
If necessary, your site will be moved by Precision from your existing host to our servers. It will be made available for your review prior to directing traffic to our servers. Upon approval, our team will assist you with necessary DNS and SSL changes to point your domain at our hosting. Up to one hour of remedial WordPress core and plugin updates is included. Additional updates will be completed at $100/hr. Migration services require a one-time fee. See Exhibit C, if applicable.

Support
An hour of website support is included each month. We can teach you how to do new things with your website via Zoom, troubleshoot issues, or add content on your behalf. This support hour does not roll over from month to month. Hours do not aggregate.

EXHIBIT B
Rights and Obligations when Agreement Terminates

Website Decommissioning
Thirty days’ notice is required to cancel hosting and maintenance. Notification must be received and acknowledged by Precision before the beginning of the next monthly term. Note that monthly terms vary in start date, depending on the initial date of service. They do not necessarily start on the first of the month. At the end of the final complete monthly term, the website will be decommissioned, at which point the customer website will be unreachable on Precision’s servers.

Website Archive
Upon request, Precision will provide a link to download an archive of the website codebase, files and database. Website archives will be available for 14 days after decommissioning. Websites may not be recoverable after 14 days. All money owed Precision must be paid in full before archives are released.

Long Term Storage
Precision is not responsible for long term storage of decommissioned websites.

Migration to a New Host
Migration to a new hosting provider is the responsibility of the customer.

DNS Hosting
Upon decommissioning, DNS hosting becomes the responsibility of the customer.

EXHIBIT C
Compensation to Precision, When Will it be Paid, How and When Can it be Modified

Monthly Term
Hosting is month to month. The monthly term begins the date of the first bill, renewing every 30 days.

Monthly Payment
A credit card is required and will be charged at the beginning of each monthly term. An emailed receipt will be provided every month.

Non-Payment
Payment is due at the beginning of the monthly term. If the payment method on file fails Precision will contact the client. Payment must be made within 5 calendar days or the website will be temporarily disabled. If payment is not made by the end of the monthly term, the website will be decommissioned.