Website Hosting & Management Agreement

Version v2, draft. This version is in counsel review. Bracketed items are still to be filled in. [ INSERT: effective date of v2 ]

This Agreement is between Three Omens LLC, a California limited liability company doing business as Omens ("Omens"), and the client named at checkout ("Client"). By checking the acceptance box at checkout, Client agrees to this Agreement for every site listed on the order.

1. Services

Omens provides managed WordPress hosting and management for each site on Client's plan: hosting on Pressable with a staging site, security and backups, WordPress and plugin updates, uptime and error monitoring, performance tuning, cookie consent, and two quick fixes a month of up to 15 minutes each. Custom Sites are built to WCAG 2.2 AA. Theme Sites include the accessiBe widget, including accessiBe's litigation support. [ INSERT: full service description or reference to the packages document ]

2. Plans, tiers and add-ons

Each site has one base plan (Custom Site or Theme Site). Client has one service tier (As Needed, Tune, Grow or Partner) that covers all of Client's sites. Add-ons apply per site. Prices are those shown on the order at checkout. Multi-site discounts apply to base plans only and stack with yearly prepayment.

3. Term and renewal

Monthly plans run month to month. Client may cancel with 30 days' notice; the plan ends at the end of the billing period after notice is given.

Yearly plans run for a 12-month term and renew automatically for a further 12 months unless Client cancels at least 30 days before renewal. Fees for a yearly term are not refunded on early cancellation. Omens sends a renewal reminder at least 30 days before each renewal.

4. Changes to the plan

Client may change tier and add-ons at any time. Changes take effect at the next billing period unless Omens agrees otherwise. [ INSERT: proration rule once decided ]

5. Fees and payment

Recurring fees are billed in advance. Hourly work is billed monthly in arrears at the rate for Client's tier ($150 per hour on As Needed, $125 per hour beyond the hours included in Tune, Grow or Partner). Unused included hours carry over one month, then expire. Invoices are due within 15 days.

Payment is by bank debit (ACH) or card through Stripe. Processing costs for the payment method Client chooses are shown as a separate line on the order and on each invoice. [ INSERT: counsel wording on payment processing fees, including the debit card and state exclusions ]

6. Late payment and suspension

If an invoice is more than 30 days past due, Omens may suspend hosting after giving 7 days' notice. Hosting resumes when the account is brought current.

7. Traffic

Each plan includes up to 30,000 visits a month unless a traffic add-on is on the order. If a site exceeds its band for two consecutive months, Omens will move it to the next band with 30 days' notice.

8. Client responsibilities

[ INSERT: content, credentials, third-party licenses, acceptable use ]

9. Ownership and data

[ INSERT: site ownership, exports on cancellation, backups retention ]

10. Limitation of liability

[ INSERT: counsel wording ]

11. General

[ INSERT: governing law (California), notices, entire agreement, amendment by version ]

Version history: v2 (this draft). Each version is published at its own address and never changed after publication; the version Client accepted is recorded with the subscription.