MAGESHIELD Magento Support: Agreement

THIS AGREEMENT is entered on the date of purchase of Magento Support Plan between Appifycart INC (Mageshield is a Magento Support Services Offering by Appifycart) and the Client.

By Agreeing to the Terms and Conditions of Mageshield Magento Website Support Plan purchase, the Client (buyer) agrees to the following:

Maintenance Agreement

Client is contracting Mageshield (Appifycart) as a provider of Magento web site maintenance services.

For any services not considered as a under this contract are subject to be charged at a regular hourly rate of $25, and will not be considered part of this contract.

What IS included in this agreement:

• Magento website support activities include
• Troubleshooting
• Malware removal and checks
• Security Patches
• Extension Installation/ Update
• Backup Support

Other inclusions as detailed on: https://mageshield.com/plan-and-pricing/

What is NOT included in this agreement:

Web site Magento Version Upgrades, redesign, re-alignment or re-development equalling more than 50% change to web page, web site, web graphics on the website (i.e. 4 graphics on website, and you want 3 changed, there is a charge for anything above 2, meaning 50%)

CMS design or integration including but not limited to blogs, shopping carts and web forums. These require a separate design agreement.

Total Agreement:

Company/Developer shall provide Client with minor updates to the web site for an indefinite period of within this contract. The contract will be paid on a Monthly Advance Basis or Annual advance basis as per chosen payment plan.

During the duration of this contract, the Client agrees that Company/Developer will be the sole provider of maintenance services for the web site, and no other party will have access to or rights to change the web site. If a party other than Company/Developer makes changes to the web site, any errors that are created must be repaired and will be charged for at the hourly rate specified above. Minor updates should not exceed more than 50% of the content on any single site page, THE PERCENTAGE TO BE DETERMINED BY COMPANY/DEVELOPER.

Deadlines & Deliverables:

Company/Developer will respond to all maintenance requests from Client within 24 hours on weekdays and 48 hours on weekends, via email or phone, with a confirmation that the request was received, and an estimated completion date for each action item in the request. Maintenance requests received after 18:00 IST may not be completed until the next business day unless prior arrangements have been made. Most work will be done within this time frame, this is mostly precautionary.

Company/Developer will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that Company/Developer has any issues in delivering on a quoted deadline, Client will be notified via email or telephone the reasoning for any change.

Additional Services:

Any revisions, additions or redesign Client requests Company/Developer to perform that is not specified in this document shall be considered “additional” and will require separate agreement and payment. Company/Developer shall advise Client on any requested work that falls within these bounds.

Authorisation:

Client hereby authorises Company/Developer to access their web hosting account, providing active user name / password combinations for access to the server via FTP, assuring that ‘write permissions’ are in place on said hosting provider.

Governing Law

Arbitration and the proceedings shall be held in accordance with the Indian Arbitration and Conciliation Act, 1996, as amended from time to time or any succeeding act or legislation thereto. The arbitrator’s award shall be substantiated in writing in English language. The arbitrator’s award shall be final and binding and the award shall be enforceable in New Delhi court of law. The arbitration shall be conducted by a single arbitrator jointly selected by the Parties. Each Party will pay the fees of its own attorneys, expenses of witnesses and all other expenses and costs in connection with the presentation of such Party’s case (collectively, “Attorneys’ Fees”). New Delhi court alone will have jurisdiction to entertain and try the disputes between the parties.

Signing this document means you agree to the terms of this document “Web Maintenance Agreement”.