Web maintenance terms and conditions

This website maintenance T&Cs template is suitable for use in relation to the provision of a range of website support and maintenance services. The services may include helpdesk provision, adding new content to websites, updates to website design and software, back up of websites, and technical support services relating to websites.

The document comes in four parts: the main body of the terms and conditions, an optional service level agreement schedule for the maintenance services, an optional service level agreement schedule for the support services, and a skeleton services order form.

The T&Cs include all the usual boilerplate: definitions, interpretation clauses, confidentiality obligations, warranties, indemnities, limitations of liability, termination rights, contractual notices procedures, and so on.

TERMS AND CONDITIONS

1. Definitions
2. Term
3. Maintenance Services
4. Support Services
5. Customer obligations
6. No assignment of Intellectual Property Rights
7. Charges
8. Timesheets
9. Minimum Services commitment
10. Payments
11. Confidentiality obligations
12. Warranties
13. Indemnities
14. Limitations and exclusions of liability
15. Force Majeure Event
16. Termination
17. Effects of termination
18. Notices
19. Subcontracting
20. Assignment
21. No waivers
22. Severability
23. Third party rights
24. Variation
25. Entire agreement
26. Law and jurisdiction
27. Interpretation

SCHEDULE 1 (MAINTENANCE SLA)

1. Introduction
2. Updates
3. Upgrades

SCHEDULE 2 (SUPPORT SLA)

1. Introduction
2. Helpdesk
3. Response and resolution
4. Provision of Support Services
5. Limitations on Support Services

STATEMENT OF WORK

1. Customer details
2. Minimum Term
3. Identification of Supported Website
4. Financial provisions
5. Contractual notices

Do the web maintenance terms and conditions allow for annual increases to charges

A charges variation clause is included. This says that the service provider may vary the charges by giving at least X days' notice to the customer. The appropriate amount of notice may depend upon the length of notice required to terminate without cause. Limitations may be placed upon the right to increase the charges. Where the contract includes a minimum term, you may specify that charges cannot be increased until after the end of the minimum term. In any case, you may specify that charges cannot be increased by more than the increase in the Retail Prices Index during a specified period.

Do these T&Cs exclude liability for data loss caused by the supplier?

An optional exclusion clause is included covering "any loss or corruption of any data, database or software". Whether this would be enforceable in a court of law will depend upon the circumstances.

Can this template be used for providing services to individual consumers?

Not without adaptation. As drafted, it does not take account of consumer protection legislation.

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A copy of these web maintenance terms and conditions is included in the following pack:

• Support and maintenance pack