Maintenance Terms & Conditions

ā€‹The following Terms and Conditions (“Agreement”) are entered into by and between You (“Client” or “You”) and Whitney Bateson Digital Strategy LLC (“Company”, “we”, or “us”).

Term and Termination

This Agreement shall be effective upon paying the Online Course Fee (as defined in the Company’s Online Course Terms & Conditions) and shall continue in effect thereafter, unless superseded, or otherwise terminated by either party upon 30 days’ written notice to the other. This Agreement may be terminated by either party if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within 30 days’ of receipt of the notice. This Agreement may be terminated by the Company immediately if: 

(i) Client fails to pay any fees under this Agreement; or 

(ii) if Client fails to cooperate with the Company or hinders the Company’s ability to perform this Agreement.

In the event of termination, the Client will be responsible for transferring your website to a new hosting provider. The Company can assist in the transfer for a fee of $150.

Maintenance Services

The Company agrees to provide Client with Hosting and Maintenance Services (“Service”) under the “Essential Plan” for 1 WordPress website. Upgrades to a higher tier plan may be requested by Client at any time. The Service for the Essential Plan are set out as follows:

  • Managed WordPress hosting
  • Daily website updates (WordPress core, themes, plugins)
  • Daily Backups and monitoring
  • Daily Uptime scans and monitoring
  • Daily Security scans and monitoring
  • Website restore if Your website goes down
  • Weekly reports of updates performed, backups performed, and results of uptime and security scans
  • Resolution of issues, other troubleshooting as a result of client-driven changes to site, and minor content edits/updates billed at $125/hour

Malware, Spam, or Malicious Code

In the event the Company detects malware, spam, or malicious code on the Client website, Company will attempt a back-up restore to a point prior to the first notice of site infection and Client will be informed of the incident and its resolution. 

If the above step does not eliminate the issue, the Client will be notified and given the option for an advanced removal of malware, spam, or malicious code from Client’s website for an additional one-time fee of $300. This fee includes enhanced site monitoring for one year.

The above services apply to clients who are on a maintenance plan at the time of infection. Removal of malware, spam, or malicious code that is existing on the website when the Client signs up for a maintenance plan will be charged an additional $500 fee, which does not include working with Google or other search engines to resolve any issues the infection may have caused in relation to their services.

Fees; Limitations on Refunds and Cancellation Fees

In consideration of Your access to the Service, you agree to pay the following fees.

The monthly fee for the Essential Plan is $65 per month (“Fee”). As a participant in The Dietitian Website System Online Course (“Program”), you will receive 3 months (12 weeks) of Service at no charge. After 12 weeks, you will be charged the Fee on a monthly basis on the 1st or 15th of the month (whichever is sooner) until termination as set out above under the “Term and Termination” clause. For example, if the Program begins on May 9, your monthly billing cycle will begin August 1st. If the Program begins on May 16, your monthly billing cycle will begin August 15th. 

Your selected payment method used for the Program will be automatically charged the Fee according to your billing cycle and in accordance with the Term of this Agreement.

Client agrees to pay the Company any and all fees as billed in accordance with this Agreement. You agree that, in the event of any termination of this Agreement by You, no refunds shall be given under any circumstances whatsoever. 

Client Acknowledgements

Client understands, acknowledges and agrees that it will provide all necessary access and information to the Company in order for the Company to provide the Service.

Assignability & Subcontracting

Either party may not assign this Agreement or the rights under this Agreement without the prior express written approval of the other party. The Company has the right to subcontract any part of the Services to any subcontractors in its sole discretion.

Waiver

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

Entire Agreementā€‹

This Agreement, along with the Company’s Online Course Terms & Conditions, Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to this Agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Service.

The following terms (as varied from time to time) from the Company’s Online Course Terms & Conditions shall form part of this Agreement:

  • Nature of The Relationship
  • Confidentiality
  • No Warranties
  • Arbitration
  • Indemnification
  • Waiver
  • Force Majeure
  • Variation

The above provisions shall be read in light of the Service instead of the Course and will survive despite termination of the Company’s Online Course Terms & Conditions.