Maintenance - Updated 22 jun
Terms OF SERVICE
1. Introduction
These Terms and Conditions apply between you, our client (the “User”), and Emmanuel Ikenna Okpara, serving through Cater Studios (“Cater Studios,” “we,” “us,” or “our”), the owner and operator of this Business Design Agency, and its services, including any associated subdomains unless expressly excluded by their own terms and conditions.
Please read these Terms and Conditions carefully, as they affect your legal rights. By using our services, you agree to comply with and be bound by these Terms and Conditions. Your acceptance of these Terms is deemed to occur upon your first use of our services. If you do not agree to these Terms and Conditions, you must immediately cease using our services.
For the purposes of these Terms and Conditions, “Client,” “Clients,” “User,” or “Users” means any individual, organization, or third party that accesses or uses our services and is not:
(i) employed by Cater Studios; or
(ii) engaged as a consultant, contractor, or service provider to Cater Studios and accessing our services in connection with the provision of such services.
We reserve the right to review, update, or modify these Terms and Conditions at any time. In the event of significant changes, we may notify clients via email or through any other communication method we consider appropriate. Continued use of our services following any updates constitutes acceptance of the revised Terms and Conditions.
2. Service Scopes
We offer 3 maintenance service plans: System, Stores, and Basic. To get detailed options for your specific plan, please click & visit the Maintenance Plan to find your payment plan options and all of its related scopes.
We offer Monthly, Quarterly, Biannually, & Yearly plans, where yearly plans are more discounted than the monthly plan.
3. Service inclusives
We treat all client emergency requests as high priority. However, our maintenance service has defined limits on the amount of work that can be completed within a given period. As such, we are not obligated to address all revision requests simultaneously.
To continue using our maintenance services, clients must adhere to the following guidelines:
- All weekly revision requests must be compiled by the client’s team and submitted through a designated representative. We will only accept revision requests from one authorized point of contact, either the client or a nominated team member. We do not accept separate revision requests from multiple individuals for the same project, except when one wishes to address a mistake in existing submissions.
- The designated representative will also be responsible for providing all required materials, content, and instructions needed to complete the requested revisions. Depending on the client’s maintenance plan, we can accommodate 4-8 revisions per month, equivalent to 1–2 revisions per week.
- We do not bear the responsibility of teaching clients or their teams how to perform website management functions beyond the video tutorials and resources provided on our Client Guide page. The reason for this is simple: please refer to the next section, Disclaimer, Security & Limitations, for further clarification.
- The creation of new pages, website redesigns, feature additions, new sections, forms, integrations, or any other major modifications are not included in our maintenance plans. These services are classified as Extra Services and will be billed separately. Please refer to the Maintenance Plan page for more detailed info on your plan scopes & features. You can also visit the Extra Services page to view additional service options and their various pricing.
- Since most revision requests may be complex and time-intensive, we cannot guarantee a fixed completion timeframe for every request. However, upon receiving a revision request, we will provide an estimated completion timeframe based on its scope and complexity.
- We will not accommodate more than the weekly or monthly revision, except in cases of emergency or situations that affect the website performance, security, or functionality.
Clients subscribed to our highest System Maintenance Plan receive the following complimentary monthly benefits:
- Up to 2 email broadcasts
- 1 Appointment booking listing
- 1 LMS listing
4. Disclaimer, Security & Limits
All maintenance materials and services provided on our clients’ websites are supplied by Cater Studios on an “as is” basis. Cater Studios does not make any guarantees or representations regarding the absolute accuracy, reliability, or uninterrupted functionality of any materials, plugins, services, or features on your website.
Cater Studios or its suppliers will not be held accountable for any damages that will arise with the use or inability to use the materials on the client’s website, even if Cater Studios or an authorized representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdictions do allow limitations on implied warranties and limitations of liability for incidental damages; these limitations do apply to our clients too.
We take website security seriously and implement advanced industry-standard measures to keep our clients’ websites secure. However, website security is dependent on the client following certain best practices, including:
- Not sharing website admin credentials with any third party.
- Not clicking suspicious or unverified links received via email.
- Not allowing another contractor or developer to maintain, modify, or repair the website without our consent.
- Not attempting to fix vulnerabilities, security issues, or website errors independently.
- Not sharing email account login credentials with any third party.
- Not installing plugins, software, tools, or website modifications without our prior consent.
Provided these guidelines are followed, we will make every reasonable effort to maintain the security and stability of our client website. However, certain factors may arise that are beyond our control, including but not limited to third-party plugin vulnerabilities, software security flaws, delayed security patches, hosting provider limitations, server upgrades, transfers, breaches or downtime, or other unforeseen technical issues.
In such cases, Cater Studios shall not be held liable for any resulting damages, losses, or security incidents. Nevertheless, we will make reasonable efforts to investigate, resolve, and mitigate any issues whenever possible.
Meanwhile, if our client does not comply with the maintenance fee renewal for up to 12 months in a row, Cater Studios will not be liable for licensing their paid plugins.
5. Client Entitlements
New features are important for your website, and we regularly roll out feature updates every year.
- During the first month after your website launch, maintenance support is provided at an enhanced level at no extra cost. This allows more bugs, adjustments, and client concerns to be resolved quickly.
- Our maintenance support hours are Monday to Friday, from 9:00 AM to 5:00 PM [W.A.T]. Requests submitted outside these days or hours may not be attended to until the next business day and upon actual reminder in the new working days and hours.
- Clients may request new features. If the requested features are included in their maintenance plan, they will be implemented within one week to one month, depending on their complexity.
- Clients are entitled to request a breakdown of their monthly website revisions if they have not received one by the end of the month.
- Each year, we introduce new features and improvements. As long as these features fall within the scope of our maintenance services, they may be added to your website at no additional cost; see some added features here: Change-Log
6. Data Usage
The Client retains full ownership of all content, data, files, images, login credentials, and other materials provided to Cater Studios for the purpose of designing, developing, maintaining, or supporting the website.
Cater Studios agrees to:
- Use client data solely for the purpose of providing the agreed maintenance services.
- Keep all client information confidential and secure.
- Not sell, share, distribute, or disclose client data to any third party without the Client’s written consent, except where required by law.
- Implement reasonable security measures to protect client information from unauthorized access, loss, or misuse.
- Limit access to client data to authorized personnel involved in the project.
- Cater Studios is responsible for backing up and restoring the website during the course of this service.
The Client acknowledges that:
- They are responsible for ensuring they have the legal right to provide any content, data, or materials submitted to Cater Studios.
- They remain responsible for maintaining copies and backups of their own content and data unless a separate backup service agreement is in place.
- Internet-based systems cannot guarantee absolute security, and while Cater Studios employs reasonable safeguards, no method of electronic storage or transmission is completely secure.
7. Termination
Clients have the right to terminate the maintenance contract at any time during their active maintenance plan by providing written or verbal notice. Upon termination, Cater Studios shall no longer be responsible for the client’s website features, functionality, security, updates, or any of the services outlined in this Terms of Service page. The client also reserves the right to modify their website details without consulting Cater Studios.
Cater Studios reserves the right to terminate the contract if the client is no longer willing to work with us, fails to make payments when due, or does not comply with the prescribed guidelines. Additionally, Cater Studios reserves the right to temporarily suspend the client’s website pending further investigation if we discover any fraudulent activities being carried out by the client or their team members.
Any materials, plugins, licenses, or resources provided by Cater Studios during the course of this maintenance service remain the property of Cater Studios and may be withdrawn at any time, particularly in cases of contract termination.
Upon termination of services, Cater Studios may retain necessary project records for administrative, legal, or accounting purposes. Client data will be securely deleted or returned upon written request, subject to applicable legal and regulatory requirements.
By engaging Cater Studios’ services, the Client agrees to these data usage terms and acknowledges that their information will be handled in accordance with these provisions.