1. Introduction
This agreement ("Agreement") is between Black Cat Web Studio ("we," "us," "our") and you, the client ("you," "your"), and governs the ongoing management, security, and hosting of your website (the "Service").
2. Service Tiers
We provide three levels of Service. You will select a tier in your quote/estimate; that selection is incorporated by reference into this Agreement.
| Tier | Designed For | Core Features |
|---|---|---|
| Standard | Low‑activity sites | Hosting Daily backups Security scans Software updates Uptime monitoring Monthly report Standard support |
| Premium | Moderately active sites | Everything in Standard + up to 1 hour of monthly content updates Annual review call Priority support |
| Ultimate | High‑traffic / feature‑rich sites | Everything in Premium + up to 2.5 hours of monthly content updates Quarterly review call Advanced monitoring Elite hosting Monthly traffic report |
The features included in each tier may evolve as technology and best practices change, but we will not materially reduce the level of care described above without your consent.
3. Hourly Rate
Work requested outside the features listed for your tier is billed at our posted discounted hourly rate in effect when the work is requested. Current rates are available at https://blackcatwebstudio.com/hourly-rate/.
4. Availability & Communication
Email and phone support is available Mon–Thu 8 AM–5 PM and Fri 8 AM–12 PM (Eastern Time). We reply within one business day. Weekends and holidays are excluded. Premium and Ultimate clients receive priority in the queue. We do not use text, social media, or private‑message apps for support.
5. Website Hosting
All tiers include hosting on our managed cloud platform. If you choose outside hosting, we are not responsible for speed, uptime, or security on that server; any related fixes are billable at our hourly rate.
6. Core Service Inclusions
| Area | What We Do |
|---|---|
| Security | Apply security protocols and firewalls; if a hack occurs, we restore your site at no extra cost. |
| Backups | Daily backups with a 30‑day retention window. |
| Software Updates | WordPress core, theme, and plugin updates at least weekly, or sooner for critical fixes. |
| Uptime Monitoring | 24 × 7 monitoring with prompt restoration if downtime is detected. |
We reduce risk but cannot guarantee that the site will never be hacked.
7. Restoring Backups
- Hacks: Unlimited restorations at no charge.
- User‑caused issues: One free restoration per 30‑day period; additional restorations are billed at our hourly rate.
8. Premium Themes & Plugins
- Licenses we hold are included at no extra cost.
- Licenses we do not hold are your responsibility.
- We are not liable for problems caused by premium tools you choose not to renew.
9. Plugin Compatibility Issues
If a plugin update breaks something, we will diagnose and fix it. The first hour is included; extra time is billed at our hourly rate. Please report issues promptly.
10. Migration Services
We offer site migration services (moving your website from another host or environment to our servers) under the following terms:
- Scope and Fees – Unless otherwise agreed in writing, migrations are performed for (a) a minimum migration fee of $250 covering up to two hours of technician time or (b) at our hourly rate if the project exceeds that allotment.
- Client Responsibilities – You must provide complete, working backups, access credentials, and any other information we request (including hosting, registrar, and DNS records). Delays caused by incomplete or inaccurate information are billable.
- Backup Quality – If a backup archive is corrupted, incompatible, or otherwise unusable, additional effort to salvage or re‑create the site is billable at our hourly rate.
- Third‑Party Infrastructure – We are not responsible for limitations or outages at your current host, registrar, CDN, or e‑mail provider. Time spent addressing third‑party issues is billable.
- DNS Handling – Where your existing host controls DNS, we will copy existing records “as‑is” to your domain registrar or new DNS provider. You acknowledge that (i) you are responsible for confirming record accuracy and (ii) up to 48 hours of DNS propagation‑related disruption is normal.
- Downtime – We schedule migrations during off‑peak hours when feasible, but cannot guarantee zero downtime.
- Data Verification – You are responsible for reviewing the migrated site and notifying us of any discrepancies within five business days of the site going live.
- No Liability for External Failures – We do not accept liability for data loss, e‑mail disruption, or revenue loss arising from factors outside our control during migration.
- Transfer Out / Migration to Another Host – If you cancel hosting with us and request that we migrate your website to a new hosting provider, a minimum migration/transfer fee of $200 applies. This minimum includes up to two (2) hours of migration labor. If the migration requires additional time due to hosting limitations, poor performance of the destination environment, access issues, cleanup, troubleshooting, or third-party provider constraints, additional time will be billed at our hourly rate. We may decline to migrate to providers or setups that we consider insecure, unreliable, or unworkable.
- Migration includes moving the existing site as-is. Any redesign, new pages, or feature changes are not included and can be quoted separately.
- Licenses provided by a prior vendor are not included and may stop working after migration if they are not transferable. If any paid licenses must be renewed or replaced after migration, those costs are the client’s responsibility.
11. Included Content Updates (Premium & Ultimate)
Premium includes up to 1 hour per month of content updates, and Ultimate includes up to 2.5 hours per month of content updates. Included hours do not roll over from month to month, are not banked, and have no cash value. If included hours are not used within the billing month, they are forfeited. You must supply the content (text, images, and other assets) in a usable format. Work outside the included hours is billed at our hourly rate under Section 3.
12. Payment, Price Changes & Cancellation
- Billing Cycle – The fee for your selected tier is invoiced in advance at the start of each billing period.
- Price Reviews – We may adjust tier fees with 30 days’ written notice. Continued use of the Service after the notice period constitutes acceptance of the new fee.
- Cancellation by You – You may cancel with 30 days’ written notice. After cancellation, you assume responsibility for hosting, backups, security, and updates. Migration assistance is available under Section 10.
- Cancellation by Us – We may terminate the Service with 30 days’ written notice, or immediately for non‑payment or material breach.
- No Refunds – Fees are non‑refundable once paid.
13. Late Payments & Collections
Accounts 30+ days past due may result in site suspension. Late balances accrue interest at 12 % per year. Returned checks incur a $30 fee.
14. Your Security Responsibilities
You agree to protect your login credentials and keep your computers free of malware.
15. Third‑Party Services
We are not responsible for work done by third‑party vendors. Fixing issues caused by third parties is billable at our hourly rate.
16. Email & Domain
We do not provide or support e‑mail services. You are responsible for domain registration and renewals.
17. Website Compliance
Notify us if your site must comply with any specific laws (e.g., accessibility). Compliance work is quoted separately.
18. Legal Pages & Privacy Policies
You determine what legal pages your site needs. We can add them if you provide the content.
19. Employees & Contractors
You will not solicit or hire our employees or contractors during the term of this Agreement and for one year thereafter.
20. Disclosure to Law Enforcement
We will disclose client information when legally required.
21. Indemnification
You agree to indemnify and hold us harmless from claims or damages related to your website.
22. Governing Law & Dispute Resolution
This Agreement is governed by New Jersey law. Disputes will first go to mediation; if unresolved after 60 days, litigation may proceed in Union County, NJ.
23. Service Refusal
We may decline or cease Service at our discretion, subject to the notice requirements in Section 12.
24. Warranty Disclaimer & Limitation of Liability
We follow industry standards but do not guarantee error‑free work. Our liability is limited to the total Service fees paid in the preceding six months.
25. Miscellaneous
If any part of this Agreement is held unenforceable, the remaining provisions stay in effect. Headings are for convenience only. Neither party may assign this Agreement without written consent. Amendments require a written agreement by both parties.