We Take Care of Your Website, So You Don’t Have To 

WordPress website hosting, maintenance and support isn’t all we do. You can find out more at laddercreative.com.

WP SUPPORT PLAN HOSTING and MAINTENANCE PLAN AGREEMENT

By using our services, you agree to the following:

Details and pricing are subject to change. We will notify you of any upcoming price changes.

Set Up Costs: Maintenance Only Plans (Maintenance Only and Maintenance Plus) require an initial set up fee, starting at 1 hour at the current hourly rate. Maintenance Plus plans may apply the included support time to this set up fee.

Essential and Comprehensive Hosting Plans include up to 90 minutes of initial set up at no additional charge.

Comprehensive and Maintenance Plus Plans Included Support Time: Comprehensive and Maintenance Plus plans include up to 12 hours of additional website-related support per Plan Year. Support time expires if the Plan is canceled.

Paid Support Time: We will notify you if work requested will exceed the Plan Included Support Time.

Website Hosting: Hosting is for a single WordPress installation with less than 25,000 visits a month and/or using less than 5GB storage and/or using less than 20GB bandwidth. We'll talk to you about upgrading your plan if your site uses more resources or is an ecommerce site.

Hacked Sites, Malware, and Other Issues: We will use best practices to protect your website. In case of security issues or other website issues, Ladder Creative LLC or our hosting partner will start the process to restore the site from backup within two business days. Work incurred to correct hacked sites, malware, and other issues (including human error) that are not resolved by a ‘site restore from backup’ will be billed at our current hourly rate. Ladder Creative LLC will not be responsible for any cost incurred to restore a compromised website or for any lost profits, or special, incidental, or consequential damages.

Website Updates: WordPress Core, Theme, or Plugin updates can cause issues that affect website functionality or layout. Correcting these issues is beyond the scope of regular maintenance and will be billed at our current hourly rate.

Premium (Paid) Themes and Plugins: Many websites use themes and/or plugins that require the payment of a recurring license fee to maintain access to ongoing software updates. Select premium (paid) themes and plugins are included with our plans and licensing will be maintained for you as long as you are an active subscriber to our Hosting or Maintenance Plan.

If your website uses premium themes and/or plugins and we do not have appropriate licensing, the responsibility is yours for maintaining the appropriate licensing to ensure the availability of updates. Please notify us if you receive notifications about updates to premium themes and plugins. We can not be held liable for problems such as but not limited to hacks, inoperability or intercompatibility that arise from premium themes or plugins which you choose not to license and are out of date.

Client Responsibility: Client agrees to visit and review each website on a regular basis and inform Ladder Creative LLC of any issues that may have been caused by an update. Please check websites a minimum of once per month. More frequent checks are recommended. 

Website Legal Requirements and Accessibility: Ladder Creative LLC is not responsible for compliance with any Accessibility, Privacy, or Other Legal Requirements for Client websites.

Website Backups: Backups are stored for at least 30 days. Older backups may not be available.

Email Deliverability: Your website will generate email when certain events occur such as the completion of a contact form, sale of a product, update/reset of a user’s password, etc. These emails that are automatically generated by the WordPress system are often flagged as spam (or not delivered at all) by email providers like Google/Gmail, Microsoft, Yahoo and others. Since we can not control the receipt of email, we cannot be held responsible for any emails that were not delivered to the client for any reason. It is the client’s responsibility to regularly check spam folders and website form and order interfaces for any notifications that were not delivered to the client’s inbox.

About Email Services: We do not offer email hosting. We recommend Google Workspace (formerly known as G Suite and Google Apps for Work) or Gmail.

Domain Names: Registering a domain name for your website and paying the accompanying annual registration fee is your responsibility. It is your responsibility to ensure that the credit card the domain registrar has on file for your domain registration is current for rebilling. We are not responsible for suspension or loss of domain names because your card could not be billed or for any other reason. Work needed as a result of domain expiration is billable at our current hourly rate.

Late Payments: Invoices pertaining to web hosting, security, maintenance, or any other work on your website are payable on receipt. If an invoice goes unpaid for more than 30 days after the invoice was sent, we reserve the right to suspend your website from public view until all outstanding bills are current. Please notify us of any changes to your billing contact email address.

Disclosure to Law Enforcement: We will disclose information about our clients to law enforcement agencies without further consent or notification to the client upon lawful request from such agencies. We will cooperate fully with the legal requests of law enforcement agencies.

Indemnification: You (AKA the Client) agree to indemnify and hold harmless Ladder Creative LLC (AKA the Company), its subsidiaries, contractors, employees and affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Client’s use of the Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party. 

Choice of Law and Forum: This Agreement, and any related Statements of Work, shall be construed in accordance with, and governed by, the laws of the State of Colorado without regards to Conflict of Law principles. 

In the event of any dispute or disagreement with respect to the meaning, effect or interpretation of this Agreement or in the event of a claimed breach of this Agreement, the parties hereto agree that such dispute shall be determined through mediation. The parties will mutually select a mediator and share the cost of mediation equally. Unless otherwise mutually agreed, the location of the mediation will be in Denver County, Colorado. The parties agree to cooperate fully with the mediator in good faith in order to reach a mutually satisfactory resolution of the dispute. 

If the dispute is not resolved within 60 days after it is referred to the mediator, either party has the option to litigate the dispute in a court of law located in Denver County, Colorado.

Refusal or Discontinuation of Service: We reserve the right to refuse, restrict or terminate service to any client for any reason. 

Disclaimer of Warranty: We will perform our work in accordance with good industry practices and at the standard expected from a suitably qualified person with relevant experience. We cannot guarantee that our work will be error-free and so we cannot be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Ladder Creative LLC hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non- infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect server equipment, computer programs, data or other proprietary material.

Limitation of Damages or Liability: In no event will the collective liability of the company, its affiliates and its licensors, service providers, employees, agents, officers and directors be liable for damages of any kind, under any legal theory, for harm caused by or related to the customer’s services or inability to utilize the services, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Notwithstanding anything else in this agreement, the maximum aggregate liability of the company any of its employees, agents, contractors or affiliates, under any theory of law should not exceed the amount of fees it has collected on the customer’s account in the last six months.