WordPress Web Design

Freelance Contract

This Freelance Contract (this “Contract” or this “Freelance Contract”), is entered into and made effective as of 19/09/2023 (the “Effective Date”), by and between:
, with an office located at (“Customer”),
and YOW Internet, with an office located at 10 Lambrok Close, Trowbridge, Wiltshire, BA14 9HH (“Freelancer”).

WHEREAS:

Customer has a need for three new , , ,
Total development time from start to finish: 6 Weeks
Total WordPress Design Project Cost: ; and
Freelancer has an interest in performing such services for Customer; and
The parties wish to set forth the terms and conditions upon which such services will be provided to the Customer;

NOW THEREFORE, in consideration of the foregoing, and the mutual promises herein contained, the parties hereby agree as follows:

Description of the Services

Freelancer will build three new Wiltshire Publications websites that will use the latest WordPress technology. Enabling the flexibility to customize every aspect of the design across devices, supported by the Elementor builder. Your website’s will include the following features:

• Fully responsive modern design with the latest features.
• Installation of JNews (Writly) WordPress Theme and related tools to match client’s branding.
• Generate Revenue with AdSense, Responsive Ads, and Mobile Ads and create your own ad banner.
• Facebook, Twitter, and TikTok Feed Widget features.
• Custom Podcast System.
• Migration of current website data.
• Automation.

These features will allow you to rely on your website as a focal point for your digital marketing efforts and will make it possible for your clients and prospective clients to interact with your brand across all their computers, smartphones, and tablets.

For the Automation we will need to create a Zappier account and a Buffer account. We also need access to the following accounts to enable automation hook-up with Zapier:

• WordPress Admin Account Access (for each website)
• Social Media Accounts (for each website)
• New Google Account with Gmail and Google Drive (for each website)
• Buffer Account
• Zapier Account

The new Gmail accounts will be used to submit articles to each website. From the Gmail email, we can automate the process of:

• Scheduling system
• Posting on WordPress
• Creating the short link
• Posting on social media

The process that will remain manual will be:
• Typing the initial documents in Microsoft Word.
• Layout with InDesign
• Sending email with attachments

Total development time from start to finish: 6 Weeks for the 3 Website's
Total WordPress Design Project Cost:

Deliverables

Step 1 | Design Interview

YOW Internet will meet with the Customer using Video Conference to hear its vision for the new WordPress website and offer input to help the Customer accomplish its business goals.

We need to get to the bottom of who you are, what you stand for and who you stand beside. Only then can we begin to create a design that portrays the value you offer in a way that resonates with the people who matter: the people you want to do business with.

Then, once a strategy is finalized, YOW Internet designers will get to work creating a 100% customized WordPress website to achieve your vision and showcase your products or services in an appealing way.

Step 2 | Design Presentation

A new design concept will be designed. Naturally, there will be a common theme, but we try to think outside the box and come up with something that isn't obvious. This is often where the best ideas come from. We'll go through these options and decide which direction to take and any adjustments. Having designed hundreds of websites in our 14 years and many being like your situation, there are several components to your site which would benefit you greatly.

Step 3 | Website Content

Now we have your design locked in, we can begin to construct the website. Our copywriter will be in touch with you to help put your ideas down through the "voice" of your new brand. Any photos will need to be gathered at this stage.

Step 4 | Website Build

Using everything we've gathered; your website is built. Once it's done, we'll present it to you and go through the details in accordance with the objectives originally set. Any amends are made at this stage.

Step 5 | Launch of your new WordPress website

After finalizing the new WordPress website, YOW Internet will ready the website for launch. YOW Internet will structure the website to target search keywords for SEO benefits. The launch process is a carefully considered one. We operate to a checklist that we've curated over the years and it's not failed us once. We always launch late on a Friday night to give us the best chance of getting any issues ironed out. You can sleep easy knowing we'll be on-call over your launch weekend to ensure everything goes according to plan.

Step 6 | Training Session

Once the new WordPress website is up and running, YOW Internet will set up a time to meet with the Customer team to show them how to tap into its full potential. The Customer team will come away from this session with all the knowledge they need to manage the new website with confidence.

Project Schedule

Total development time from start to finish: 6 Weeks (subject to change if new features are required).

Pricing/Rates

Total WordPress Design project cost: No VAT to pay. A 50% deposit is required to start the project.

Payment Terms/Schedule

The Customer shall pay YOW Internet pay fifty per cent deposit of the total cost to start the project.
Payment Terms: Net 14. Payment using bank transfer, please send the invoice amount to our bank account details below:

Account Name: YOW
Sort Code: 40-13-10
HSBC Account Number: 02012685
Reference: Use the invoice number

Attachment A
Freelance Contract Terms and Conditions

I. Intellectual Property Rights
1. Retained Rights. Each party will retain all right, title, and interest in and to its own Pre‐Existing Intellectual Property irrespective of any disclosure of such Pre‐ Existing Intellectual Property to the other party, subject to any licenses granted herein.

2. Pre‐Existing Intellectual Property

a. Freelancer will not use any Freelancer or third party Pre‐Existing Intellectual Property in connection with this Contract unless Freelancer has the right to use it for Customer’s benefit. If Freelancer is not the owner of such Pre‐Existing Intellectual Property, Freelancer will obtain from the owner any rights as are necessary to enable Freelancer to comply with this Contract.

b. Freelancer grants Customer a non‐exclusive, royalty‐free, worldwide, perpetual and irrevocable license in Freelancer and third party Pre‐Existing Intellectual Property, to the extent such Pre‐Existing Intellectual Property is incorporated into any Deliverable, with the license including the right to make, have made, sell, use, reproduce, modify, adapt, display, distribute, make other versions of and disclose the property and to sublicense others to do these things.

c. Freelancer will not incorporate any materials from a third party, including Open Source or freeware, into any Deliverable unless (i) Freelancer clearly identifies the specific elements of the Deliverable to contain third-party materials, (ii) Freelancer identifies the corresponding third-party licenses and any restrictions on use thereof, and (ii) approval is given by Customer in writing. Freelancer represents warrants and covenants that Freelancer has complied and shall continue to comply with all third-party licenses (including all open source licenses) associated with any software components that will be included in the Deliverables or any other materials supplied by Freelancer. The freelancer shall indemnify Customer against any losses and liability incurred by the Customer due to failure of Freelancer to meet any of the requirements in any of the third-party licenses.

3. Ownership of Deliverables. Subject to Freelancer and third-party rights in Pre‐ Existing Intellectual Property, all Deliverables, whether complete or in progress, and all Intellectual Property Rights related thereto shall belong to Customer, and Freelancer hereby assigns such rights to Customer. Freelancer agrees that Customer will own all patents, inventor’s certificates, utility models or other rights, copyrights or trade secrets covering the Deliverables and will have full rights to use the Deliverables without a claim on the part of Freelancer for additional compensation and without challenge, opposition or interference by Freelancer and Freelancer will, and will cause each of its Personnel to, waive their respective moral rights therein. Freelancer will sign any necessary documents and will otherwise assist Customer in securing, maintaining and defending copyrights or other rights to protect the Deliverables in any country.

4. No Rights to Customer Intellectual Property. Except for the limited license to use materials provided by Customer as may be necessary in order for Freelancer to perform Services under this Contract, Freelancer is granted no right, title, or interest in any Customer Intellectual Property.

II. Confidentiality

1. Confidential Information. For purposes of this Contract, "Confidential Information" shall mean information or material proprietary to a Party or designated as confidential by such Party (the “Disclosing Party”), as well as information about which a Party (the “Receiving Party”) obtains knowledge or access, through or as a result of this Contract (including information conceived, originated, discovered or developed in whole or in part by Freelancer hereunder). Confidential Information does not include:

a) information that is or becomes publicly known without restriction and without breach of this Contract or that is generally employed by the trade at or after the time the Receiving Party first learns of such information;

b) generic information or knowledge which the Receiving Party would have learned in the course of similar employment or work elsewhere in the trade;

c) information the Receiving Party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation;

d) information the Receiving Party rightfully knew prior to receiving such information from the Disclosing Party to the extent such knowledge was not subject to restrictions on further disclosure; or

(e) information the Receiving Party develops independently of any information originating from the Disclosing Party.

2. Customer Confidential Information. The following constitute Confidential Information of Customer and should not be disclosed to third parties: the Deliverables, discoveries, ideas, concepts, software in various stages of development, designs, drawings, specifications, techniques, models, data, source code, source files and documentation, object code, documentation, diagrams, flow charts, research, development, processes, procedures, "know-how", marketing techniques and materials, marketing and development plans, customer names and other information related to customers, price lists, pricing policies and financial information, this Contract and the existence of this Contract, and any work assignments authorized or issued under this Contract. Freelancer will not use Customer’s name, likeness, or logo (Customer’s “Identity”), without Customer’s prior written consent, to include use or reference to Customer’s Identity, directly or indirectly, in conjunction with any other clients or potential clients, any client lists, advertisements, news releases or releases to any professional or trade publications.

3. Non-Disclosure. The Parties hereby always agree that during the term hereof and thereafter, and except as specifically permitted herein or in a separate writing signed by the Disclosing Party, the Receiving Party shall not use, commercialize or disclose Confidential Information to any person or entity. Upon termination, or at any time upon the request of the Disclosing Party, the Receiving Party shall return to the Disclosing Party all Confidential Information, including all notes, data, reference materials, sketches, drawings, memorandums, documentations and records which in any way incorporate Confidential Information.

4. Right to Disclose. With respect to any information, knowledge, or data disclosed to Customer by the Freelancer, the Freelancer warrants that the Freelancer has full and unrestricted right to disclose the same without incurring legal liability to others, and that Customer shall have full and unrestricted right to use and publish the same as it may see fit. Any restrictions on the Customer’s use of any information, knowledge, or data disclosed by Freelancer must be made known to the Customer as soon as practicable and in any event, agreed upon before the start of any work.

III. Conflict of Interest
1. Freelancer represents that its execution and performance of this Contract does not conflict with or breach any contractual, fiduciary or other duty or obligation to which Freelancer is bound. The freelancer shall not accept any work from the Customer or work from any other business organizations or entities which would create an actual or potential conflict of interest for the Freelancer or which is detrimental to the Customer’s business interests.

IV. Termination

Rights to Terminate
a. Customer may terminate this Contract and/or an individual project for its convenience, without liability at any time, upon prior written notice to Freelancer.

b. Freelancer may terminate this Contract upon thirty days prior written notice provided there are no open projects at the time notice is given.

c. Customer may terminate this Contract and/or any open projects immediately for cause if the Freelancer fails to perform any of its obligations under this Contract or if Freelancer breaches any of the warranties provided herein and fails to correct such failure or breach to Customer’s reasonable satisfaction within ten (10) calendar days (unless extended by Customer) following notice by Customer. Customer shall be entitled to seek and obtain all remedies available to it in law or in equity.

1. Upon termination of any project or work given Freelancer hereunder, Freelancer will immediately provide Customer with any and all work in progress or completed prior to the termination date. As Customer’s sole obligation to Freelancer resulting from such termination, Customer will pay Freelancer an equitable amount as determined by Customer for the partially completed work in progress and the agreed to price for the completed Services and/or Deliverables provided and accepted prior to the date of termination

2. Upon termination or expiration of this Contract or a project performed by Freelancer hereunder, whichever occurs first, Freelancer shall promptly return to Customer all materials and or tools provided by Customer under this Contract and all Confidential Information provided by Customer to Freelancer.

3. Any provision or clause in this Contract that, by its language or context, implies
its survival shall survive any termination or expiration of this Contract.

V. Warranties
Freelancer warrants that:
1. the Services and Deliverables are original and do not infringe upon any third party’s patents, trademarks, trade secrets, copyrights or other proprietary rights,

2. it will perform the Services hereunder in a professional and workmanlike manner,

3. the Deliverables Freelancer provides to Customer are new, of acceptable quality free from defects in material and workmanship and will meet the requirements and conform with any specifications agreed between the parties,

4. it has all necessary permits and is authorized to do business in all jurisdictions where Services are to be performed,

5. it will comply with all applicable federal and other jurisdictional laws in performing the Services,

6. it has all rights to enter into this contract and there are no impediments to Freelancer’s execution of this Contract or Freelancer’s performance of Services hereunder.

VI. Limitation of Liability
1. EXCEPT AS SET FORTH IN THIS SECTION BELOW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES NOR FOR LOSS OF DATA, PROFITS OR REVENUE, COST OF CAPITAL OR DOWNTIME COSTS, NOR FOR ANY EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM ANY CLAIM OR ACTION, INCIDENTAL OR COLLATERAL TO, OR DIRECTLY OR INDIRECTLY RELATED TO OR IN ANY WAY CONNECTED WITH, THE SUBJECT MATTER OF THE AGREEMENT, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STATUTE, IMPLIED DUTIES OR OBLIGATIONS, OR OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

2. NOTWITHSTANDING THE FOREGOING, ANY PURPORTED LIMITATION OR WAIVER OF LIABILITY SHALL NOT APPLY TO CONTRACTOR’S OBLIGATION UNDER THE INDEMNIFICATION OR CONFIDENTIAL INFORMATION SECTIONS OF THIS AGREEMENT OR EITHER PARTY’S LIABILITY TO THE OTHER FOR PERSONAL INJURY, DEATH OR PHYSICAL DAMAGE TO PROPERTY CLAIMS.

VII. Inspection and Acceptance
1. Non-Conforming Services and Deliverables. If any of the Services performed or Deliverables delivered do not conform to specified requirements, the Customer may require the Freelancer to perform the Services again or replace or repair the non-conforming Deliverables in order to bring them into full conformity with the requirements, at Freelancer’s sole cost and expense. When the defects in Services and/or Deliverables cannot be corrected by re-performance, Customer may: (a) require Freelancer to take necessary action, at Freelancer’s own cost and expense, to ensure that future performance conforms to the requirements and/or (b) reduce any price payable under the applicable project to reflect the reduced value of the Services performed and/or Deliverables delivered by Freelancer and accepted by Customer.

2. If Freelancer fails to promptly confirm the Services and/or Deliverables to defined requirements or specifications, or take action deemed by Customer to be sufficient to ensure future performance of the project in full conformity with such requirements, Customer may (a) by contract or otherwise, perform the services or subcontract to another Freelancer to perform the Services and reduce any price payable by an amount that is equitable under the circumstances and charge the difference in re-procurement costs back to Freelancer and/or (b) terminate the project and/or this Contract for default

VIII. Insurance
1. Freelancer shall maintain adequate insurance coverage and minimum coverage limits for its business as required by any applicable law or regulation, including Workers’ Compensation insurance as required by any applicable law or regulation, or otherwise as determined by Freelancer in its reasonable discretion. Freelancer’s lack of insurance coverage shall limit any liability Freelancer may have under this Contract.

IX. Miscellaneous
1. Assignment. The freelancer shall not assign any rights to this Contract or any other written instrument related to Services and/or Deliverables provided under this Contract, and no assignment shall be binding without the prior written consent of Customer. Subject to the foregoing, this Contract will be binding upon the Parties’ heirs, executors, successors and assigns.

2. Governing Law. The Parties shall make a good-faith effort to amicably settle by mutual agreement any dispute that may arise between them under this Contract. The foregoing requirement will not preclude either Party from seeking injunctive relief as it deems necessary to protect its own interests. This Contract will be construed and enforced in accordance with the laws of the United Kingdom & Wales, excluding its choice of law rules.

3. Severability. The Parties recognize the uncertainty of the law with respect to certain provisions of this Contract and expressly stipulate that this Contract will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of this Contract are determined by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from this Contract or modified to make them enforceable and the validity and enforceability of the remainder of such provisions and of this Contract will be unaffected.

4. Independent Contractor. Nothing contained in this Contract shall create an employer and employee relationship, a master and servant relationship, or a principal and agent relationship between Freelancer and Customer. Customer and Freelancer agree that Freelancer is, and always during this Contract shall remain, an independent contractor.

5. Force Majeure. Neither Party shall be liable for any failure to perform under this Contract when such failure is due to causes beyond that Party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy. In the event of such delay, the date of delivery or time for completion will be extended by a period reasonably necessary by both Freelancer and Customer. If the delay remains in effect for a period in excess of thirty days, the Customer may terminate this Contract immediately upon written notice to Freelancer.

6. Entire Contract. This document and all attached or incorporated documents contains the entire agreement between the Parties and supersedes any previous understanding, commitments or agreements, oral or written. Further, this Contract may not be modified, changed, or otherwise altered in any respect except by a written agreement signed by both Parties.

Attachment B

Maintenance & Support Terms and Conditions

I. YOW Internet Support Channels

1. We will only provide Support Services to you through our agreed-upon systems. Confirmation of what online support ticket system, e-mail service or ticket desk shall be finalised before any commencement of any coverage by us to you.

2. Only in special circumstances whereby both YOW Internet and the client agree to use other forms of communication – such as e-mail, will e-mail support be actively used as opposed to the agreed-upon support centre or system used by both YOW Portal and YOW Internet.

3. All YOW Portal client support tickets and communications are confidential and are between you and our support team. We will only provide Support Services to clients through our agreed-upon systems. Confirmation of what online support ticket system, e-mail service or ticket desk shall be finalised before any commencement of any YOW Portal coverage by us to you.

II. YOW Internet Schedule / Cover

1. Monday – Friday:

Content Edits
Maintenance Tasks
Urgent Tickets – website down / malware hack etc

2. Saturday + Sunday:

Urgent Tickets only – website down / malware hack etc

3. Site Monitor Plan Support Cover

Monday - Friday (9am - 5pm) only.

If a website is hosted with us on our servers, we will provide urgent cover for hosting issues such as downtime. However, all other tasks, queries and issues will be dealt with in standard office hours.

4. Christmas, Bank Holidays etc:

Limited Hours / Urgent Tickets only.

Availability will be discussed before the upcoming special days and bank holidays.

III. Support Requests

1. Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. Each request is subject to review following our scope of work for "content edits" and "maintenance tasks".

2. The effort required for development is exclusively determined by the YOW Internet team. For work outside of the scope of the YOW Internet plans development agreement, YOW Internet will liaise with you on the next steps for the project. Along with any costs or time involved and the appropriate solutions – whether carried out by us, or a third-party. Your requests are subject to approval by YOW Internet or by its assigned agent.

3. Detailed information and examples of what is in scope for content edits & maintenance tasks can be found on our website and below:

Urgent Tasks

Website Backup Restore (if hosted)
Site Down / Hosting Issues (if hosted)
Malware Removal (if covered within the plan)

Maintenance Tasks

Conflict Debugging
Fixing Contact Form errors
Fixing dead links
Fixing Connectivity Issues, Timeouts (if hosted)
Installing the Plugin of choice
Fixing Media Upload Errors
Fixing Configuration File
Reinstallation of WordPress
Fixing Plugin Errors
Resetting admin password
Adjusting technical settings for plugins

4. If a client requires more support than what is covered in their plan, we will inform you so you can liaise with the customer about potentially upgrading - or downgrading. All account matters for your clients must be dealt with by you directly. We will provide any relevant information or details for you in this scenario.

IV. Response Times

1. YOW Internet provides 24-hour support for any urgent tickets (site down / hacked), but any standard requests or tasks that do not meet urgent criteria will be dealt with outside of our urgent weekend availability.

2. YOW Internet provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved. We do not offer guaranteed response times or SLAs unless explicitly agreed upon beforehand with the YOW Internet team upon signup.

3. Whilst YOW Internet provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved, our average response time to any ticket is between 30 minutes - 2 hours. On average, all tickets and queries will have a first response within 24 hours - if not sooner as previously mentioned. With regards to urgent tickets (Website Down / Website Hacked), we endeavour to respond and solve these as soon as possible regardless of time or day. You’ll often be surprised at how quickly we respond or solve issues.

4. If a YOW Portal client registers a support ticket after hours or late on a Friday, most tickets will be dealt with early morning Monday. Unless deemed urgent by the YOW Internet support team (i.e my site has gone down).

5. We clearly list coverage of maintenance tasks & content edit timeframes on our website here under the useful information section: https://yowinternet.co.uk/plans/

Service Scope - what we do not cover

any tasks that require more than the allotted service hours of your support package.
supporting websites that are not run on WordPress.
graphic and web design services (unless specifically agreed upon with the YOW Internet team).
developing and designing websites and solutions from scratch (unless agreed upon with the YOW Internet team).
off-site SEO services.
E-mail Issues.
General I.T Issues.
Hosting/Server Issues – if your website isn’t hosted with us. Although, we do commonly provide advice and support or backups in the event your site goes down.

We reserve the right to turn down any task requests if they are outside the scope of our service.

V. Providing Access & Login Details

1. YOW Internet will ask you for your hosting (if necessary), FTP and WordPress login details and any other login credentials if necessary to accomplish your tasks. This information is safe with us, and it is completely confidential. No one will have access to your websites except our support team.

2. We use multi-factor authentication for our internal systems wherever possible. This enables a higher level of security and means that on most occasions even our internal staff do not have access to passwords or confidential information daily basis.

Hosting

VI. Externally hosted clients
1. Clients hosted externally should always contact their hosting provider as the first port of call for any issues - urgent or otherwise. We advise CC'ing us into any email to them or ensuring we have third-party access, that way we can help de-bug or diagnose issues where possible on our side. We cannot be held responsible for downtime or hosting issues when a client is not directly hosted on our servers.

VII. Scheduling & Maintenance Updates

1. By subscribing to one of our YOW Portal services, you authorise us to update all of the WordPress core files, the active theme, and all of the active plugins as needed on your website. We update all WordPress plugins and themes (when a new release is available) that allow automatic updates. By automatic updates, we mean all themes and plugins that can be updated from within the WordPress Dashboard. We will not update any themes or plugins that require a file up-load unless otherwise stated. For some scenarios, at our sole discretion – we may update plugins via FTP manually if required, but are not obligated to do so.

2. We perform all updates after confirming that your website was successfully backed up. We will only update plugins and themes that are compatible with the version of WordPress that you have installed. We will only update the WordPress core files if all your plugins are compatible with the latest version of WordPress. If after performing any update, your website is not working as it should, we will restore your website for free to how it was before the update.

3. When a new release of a plugin or theme is available, this does not guarantee or expressly permit that we shall then carry out any newly released theme, WordPress or plugin update within a certain time period. This is because we first need to verify that the updates are compatible with your current WordPress version, theme and other plugins that are being utilised on the client website.

4. Sometimes due to plugin or theme conflicts, we may refrain from updating to the latest version of said plugin. This is for your safety and security. Updating a plugin without researching any known conflicts from its latest release is unwise. Because of this, we will refrain from updates on certain plugins/themes if there is known or publicised issues, bugs or errors with its latest release. We will generally update inactive themes and plugins for security reasons but we highly recommend that you delete all inactive themes and plugins.

5. We will never delete a plugin or theme without your prior written consent, unless for vulnerabilities or urgent security reasons. In this scenario, we will notify you. We typically start all backups between 8 PM – 6 AM GMT and then perform all updates after confirming that your website was successfully backed up.

6. We cannot update themes that have updates - unless a child theme is in place. If there is no child theme in place, we will set up a demo to test adding a child theme to see if that's possible to do after-build. Additionally, if a website is custom-built and does not use a premium theme - but instead a custom-built one - there will be no updates from theme authors directly and this may lead to issues with compatibility in the long term.

7. Whilst we perform regular checks, especially after any maintenance or update is carried out on your website, It is your sole responsibility to notify us via email if you notice that your website is not working properly after any updates are performed and ask us to restore your website to the latest backup version.

8. If we have to restore your website, we cannot guarantee that it will be possible to recover any content, posts, pages, or any changes that occurred between the time the backup was created and the time the website was restored.

VIII. Malware Removal Service

Stage 1 - Free Initial Security Review

1. Our expert team have removed hundreds of types of malware and spam injections over the past ten years. The first step is to carry out a security review of your website. During this stage, we research and scan the website to identify and breaches, malware infections or malicious links. If we find evidence of malware, spam or an infection – we will notify you with details. You may then choose to have the malware removed by us or another party. We will then classify which level of malware removal is required with a quote for removal.

2. If we do not find any malware on your website, we will provide feedback on potential security improvements that can be made to your website and should you approve –we will implement those measures under the cost of the site care plan if you proceed onto a site care plan with us.

Stage 2 - Malware Removal & Clean-up Process

1. After the security review is carried out, should you proceed ahead, we would then carry out the removal. The first step would be for us to take a full backup of the website before the removal process. Once a backup is created, we would scan your website for malicious links and infected files – removing them securely. A fully manual review of the website files is carried out and a summary report of the malware removal will be delivered to you via e-mail.

2. In the unlikely event that we are unable to remove the malware, we would refund you the cost of the malware removal/clean-up process.

NOTE: If you sign up to a site care plan with us but has previously been hacked before signup, or if malware is found during the onboarding stage, we will offer to remove the malware for a highly reduced fee of £50 –as long as you have an active care plan with us. In certain conditions, we may choose to waive this fee but this is at our discretion.

Ad-hoc Rates (for those not on a site care plan)

Level 1 – Malware Removal £100
Level 2 – Malware Removal £190 (widespread attack with multiple points of infection –this removal process can take longer and be more complexed, particularly if your website features e-commerce or membership aspects)

*prices subject to change. We will always notify you in advance of the appropriate malware removal cost and level identified in any audit/security review.

IX. Processes & Onboarding

Initial Audit / Onboarding

1. YOW Internet requires at least temporary access to carry out a basic website audit and ensure that a website is in a maintainable and secure state before agreeing to accept the website onto a YOW Portal care plan.

2. The first step is to carry out a security review of your website. During this stage, we research and scan the website to identify and breaches, bugs or malware infections. If we find evidence of malware, spam or an infection – we will notify you with details.

3. You may then choose to have the malware removed by us or another party. We will then classify which level of malware removal is required with a quote for removal. If you sign up for a care plan – we offer to remove the malware for a one-time discounted charge of £50.

4. If we do not find any malware on your website, we will provide feedback on potential security improvements that can be made to your website and should you approve – we will implement those measures under the site care plan.

5. Usually, we can get new YOW Internet sites added to our system in just a few hours, hosting migrated within 1 week.

Communications

General Tickets / Emails

6. For all communications with you, we shall use the dedicated ticket email address ([email protected]) - this is set up via the teamwork desk as an inbox that we can use for ticketing.

General Account Queries / Sales

7. For any general accounts or sales queries related to your YOW Internet account. Send us an e-mail: [email protected]

8. Need to add a new website to your cover? Or need to take one off their current plan as part of cancellation? Send us an e-mail: [email protected]

Invoice / Billing Queries

9. For any billing or invoice related queries. Send us an e-mail: [email protected]

XII. Pricing / Plan offering

One-off/ad-hoc tweaks and fixes

1. In the unlikely event that you purchase an hourly or one-time, ad-hoc service with us and we can’t resolve or fix your issue for you, we will give you a full refund and restore things before we did any work on it as part of our 100% moneyback guarantee.

YOW Internet Care Plan Pricing:

2. The below pricing is a statement of the plans we offer on an individually priced basis. Full plans and pricing details are available online;

Basic Monitor Plan £29 per site / per month
Starter Plan £50 per site / per month
Managed Business Plan £89 per site / per month
VIP Enterprise Plan £195 per site / per month
Zapier Automation Maintenance & Support Plan £ 12.50 per site / per month

YOW Internet Ad-hoc / Malware Removal Pricing:

Onboarding / Audit Malware Removal

3. One-off charge applicable to malware removal for customers during the on-boarding phase if malware is found.

£50 per site / removal (Cost one off)

Ad-hoc Malware Removal - Level 1

4. Standard malware removal on brochure websites - for those not on a site care plan with us.

£100 (Cost one off)

Ad-hoc Malware Removal - Level 2

4. Complexed Malware removal charge for multiple points of origin - those not on a site care plan - on websites that are complexed in nature or contain WooCommerce, membership etc. Database infection etc.

£190 (Cost one off)

XIII.Finances

Payment of services

1. Payment of YOW Internet service cover is to be settled each month via invoice.

Payment for ad-hoc services / one-off malware removal

2. A separate invoice will be generated for any additional ad-hoc work or malware removal service we provide you. This will be billed at the end of each month.

Payment Methods

3. If you use PayPal, Stripe or a credit card for payment, you authorise YOW Internet to automatically renew your monthly subscription and charge the then-current renewal fees to the PayPal/Stripe account or credit card associated with your account.

4. When payment by invoice for overall YOW Internet coverage is the agreed-upon method, will have 10 days notice, to settle invoices by the agreed upon due date. Late payment fees will be enforced if payment is not met by agreed-upon dates and deadlines.

5. For subscriptions and monthly debit arrangements, any failure to take payment will be notified to you as soon as possible. It will then be your responsibility to ensure the payment card details are up to date and working effectively, in addition to ensuring that the payment has been processed and that there are no outstanding balances due to YOW Internet.

Payment Failures

6. You are responsible for the timely payment of all fees and or providing YOW Internet with a valid payment method for the payment of all fees for services rendered to you. Regular late payment will lead to late payment fees being enforced. For details, please see the “late payment fees” section.

7. Failure to settle payment will lead to immediate termination of services rendered to you. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING YOW INTERNET WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. We additionally reserve the right to refuse Services or cancel your subscriptions with a refund (if necessary/reasonable) for any reason we deem appropriate, especially when a failure to meet financial obligations has been breached by you.

Late Payments - Late Payment Fees

8. Failure by you to provide payment for services rendered shall enable a late payment fee to be put in place. Should payment not be completed after a total of 10 days after the due date, a late payment fee of £30.00 will be charged for the first offence. For every day thereafter, an additional daily charge of £10.00 shall be enforced. Should a second offence occur whereby payment has been delivered late after the stated time of 10 days after the due date, an account review will be actioned which could lead to 28 days cancellation notice being served.

Changes to YOW Internet Care plans & pricing

9. Any price decrease or increase for our services charged to you, shall be fully proposed and notified in advance to you, with at least 1 months’ notice given. Should you accept new pricing terms given by YOW Internet, current pricing will be kept in place until the end of the billing period or a specifically agreed upon date, with a new pricing structure being implemented during the next billing period or specifically agreed upon date. Should you wish to reject our new proposed decreased/ increased pricing, you will have the option to serve us 1 months’ notice under our existing pricing arrangement. This will ensure that all you are served as normal until the end of the billing period, to avoid any disruption should you need to find another provider.

Customer Plan Downgrades, Upgrades or Alterations

10. All account matters are to be dealt with by YOW Internet. If you would like us to downgrade or upgrade a plan, simply let us know and we’ll adjust this on our end asap. Usually, this would take a change at the end of the month, any invoice updates would then follow accordingly on the new month’s invoice.

11. Should you wish to cancel your account at the end of the billing period or with immediate effect, please relay any required information or proposed changes to your website to ensure we can actively update your monthly invoice for services.

YOW Internet Client cancellation charges

1. There are no cancellation charges to you should you wish to cancel your subscription. If you no longer want to continue with the maintenance plan, from our perspective, your website would be maintained until the end of the month that you have paid for. After that, no further updates, maintenance and support would be provided. In terms of hosting, you will need to decide whether you want to continue the hosting on another server outside of ours (if hosted with us) and whether there would be costs and how much those monthly costs for hosting would be. But the support from YOW Internet would no longer apply in any aspects of your website, along with the current hosting provision in place for hosted customers. Sufficient time (1 month) and access will be given for any YOW Internet customers who are hosted and those who cancel, to migrate away to another provider if required.

YOW Internet Client Termination Conditions

2. This Agreement, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by contacting us at [email protected] and this will trigger the agreed-upon notice period and defined cancellation process.

YOW Internet Client Termination Notice & Cancellation Process

3. There are no cancellation fees or hidden costs in cancelling our agreement with us. However, 1 months’ notice is compulsory. This will enable us to prepare alongside with yourselves for a smooth transition until the following billing period. The notice should only be served and received via electronic mail, no other formats are acceptable.

4. YOW Internet may terminate your account and this Agreement immediately and without pre-arranged notice should you fail to provide payment for services rendered to you, or otherwise fail to comply with this Agreement in any capacity (notifications during 14 days after payment due dates would be sent to inform, remind and warn you in the event of any payment failure).

5. On termination or expiration of your account or this Agreement, you will no longer have the right to continue to use the Software and the Services provided by YOW Internet.

6. Also, upon termination under this Agreement, you specifically agree that YOW Internet has no obligation to provide you, or anyone else with a copy of your backup data and that YOW Internet may automatically purge your backup data from any systems used by YOW Internet to backup your data. You may not resell, share, or publish subscription credentials or access our systems.

7. Furthermore, upon termination, YOW Internet shall no longer provide or be responsible for the maintenance (and hosting - if applicable) and support provided to you.

8. Upon termination, YOW Internet would provide sufficient access to it’s hosting servers (if you have websites hosted on our YOW Hosting platform) in order for you to migrate to another server or provider. This would be accessible for a period of 1 month, sufficient time to prepare and make new arrangements.

Changes to this agreement

9. YOW Internet (YOW) reserves the right at any time to modify, suspend, or discontinue providing the Services, in whole or in part, with agreed-upon notice - 1 month.

10. Should you wish to change any aspects or details of the agreement, notice must be served via e-mail.

11. To request alteration or changes to this agreement, please email [email protected]. If you do not agree to be bound by this Agreement, you must stop using our YOW services immediately.

12. If both parties agree on the requested changes, those will take place immediately upon the signature of the new document. If both parties do not agree, either party may request further alterations or amendments. Finally, if no agreement can be found on requested alterations - notice can be served by either party to cancel the agreement within the agreed-upon timeframe of 1 month.

XIV.Compliance with laws & Acceptable Use

You are solely responsible for your conduct related to the Services and Software.

You specifically agree that you will not use the Software or Services to:

violate any laws or regulations;
infringe the intellectual property or other rights of third parties;
transmit any material that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.

XV. Refusal of service

YOW Internet (YOW) reserves the right to refuse service at any time, to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

WordPress Support Care Plan Selected

Starter Care Plan (Contract Term: 12 Months). Updates to WordPress and your theme. Plugins updated for additional functionality and security. Daily secure backups. Security monitoring. 24 Hour Diagnosis 40 Minutes of email technical support per month for the following websites;

Zapier Automation Care Plan (Contract Term: 12 Months). Updates to Zapier Automation to ensure they keep working. 24 Hour Diagnosis. 40 Minutes of email technical support per month.

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