MARKETING & MAINTENANCE TERMS & CONDITIONS
Effective date: April 22, 2025
This SERVICES AGREEMENT (including all appendices, exhibits and schedules attached hereto) (the “Agreement”) IS HEREBY MADE as of (“Effective Date”), by and between AMW MARKETING & DESIGN (“AMW”), a limited liability company, organized under the laws of the state of Maryland, located at 420 Northwest Drive, Silver Spring, MD 20901 and CLIENT according to the following terms, conditions and provisions (AMW and Client may individual be referred to as a “Party,” collectively, the “Parties”):
NOW, THEREFORE, for valuable consideration given and received, the receipt and sufficiency of which are hereby acknowledged, the parties intending to be legally bound, do agree as follows:
1. Services Provided
Service Provider agrees to provide Marketing & Maintenance services to Client based on the selected membership tier outlined below. Services may include but are not limited to: website updates, site maintenance (including monthly site backups, malware scans, page speed analysis and monthly reports on website traffic), one-on-one marketing strategy meetings, and marketing deliverable creation.
2. Membership Tiers
Tier 1: MAINTAIN Plan – $99/month
- Monthly Program
- Private Facebook Group
- Complimentary 15-min. Monthly Touch base with Adrian ($38 Value)
- 30% OFF One-Hour One-on-One Marketing Strategy Sessions to review your current marketing efforts and provide a strategy for improved results ($150 Value)
- Up to 1 hour a month of site updates for a WordPress website, including minor changes like a rewording of pages and replacement of images. Minor changes are changes that do not affect the entire website. ($125 Value)
- 10% OFF Marketing Deliverable Creation ($125 Value):
- Webpage Copywriting
- Blog Writing
- Email Writing
- Social Media Post Creation
- Landing Page Creation
- Graphic Design
- Website Scheduled Daily Backups
- WordPress, Plugin & Theme Updates
- Malware & Performance Scans
- Website Uptime Monitoring
- Website Traffic Monitoring
- Monthly report including all backups, updates, malware scans, uptime monitoring, and site traffic statistics
Tier 2: STRATEGIZE Plan – $149/month
- Monthly Program
- Private Facebook Group
- Complimentary 15-min. Monthly Touch base with Adrian ($38 Value)
- Monthly One-Hour One-on-One Marketing Strategy Session to review your current marketing efforts and provide a strategy for improved results ($150 Value)
- Up to 1 hour a month of site updates for a WordPress website, including minor changes like a rewording of pages and replacement of images. Minor changes are changes that do not affect the entire website. ($125 Value)
- 10% OFF Marketing Deliverable Creation ($125 Value):
- Webpage Copywriting
- Blog Writing
- Email Writing
- Social Media Post Creation
- Landing Page Creation
- Graphic Design
- Website Scheduled Daily Backups
- WordPress, Plugin & Theme Updates
- Malware & Performance Scans
- Website Uptime Monitoring
- Website Traffic Monitoring
- Monthly report including all backups, updates, malware scans, uptime monitoring, and site traffic statistics
Tier 3: IMPLEMENT Plan – $199/month
- Monthly Program
- Private Facebook Group
- Complimentary 15-min. Monthly Touch base with Adrian ($38 Value)
- Monthly One-Hour One-on-One Marketing Strategy Session to review your current marketing efforts and provide a strategy for improved results ($150 Value)
- Up to 3 hours a month of site updates for a WordPress website, including minor changes like a rewording of pages & replacement of images. Minor changes are changes that do not affect the entire website. ($375 Value)
- 10% OFF Marketing Deliverable Creation ($125 Value):
- Webpage Copywriting
- Blog Writing
- Email Writing
- Social Media Post Creation
- Landing Page Creation
- Graphic Design
- Website Scheduled Daily Backups
- WordPress, Plugin & Theme Updates
- Malware & Performance Scans
- Website Uptime Monitoring
- Website Traffic Monitoring
- Monthly report including all backups, updates, malware scans, uptime monitoring, and site traffic statistics
Membership tier benefits do not roll over each month. This includes, but is not limited to: site update hours, complimentary 15-minute monthly touch base and marketing strategy sessions.
3. Payment Terms
Client agrees to pay the monthly fee associated with the selected membership tier. Payments will be automatically billed every 30 days to the payment method on file, beginning on the date of initial enrollment.
If a payment fails or is declined, the Client will have 5 business days to update payment information. Failure to resolve payment within that time may result in suspension of services until the balance is paid in full.
All fees are non-refundable unless otherwise agreed in writing.
4. Overage Hours & Additional Charges
If the time required for website updates exceeds the allotted hours for the selected membership tier, the Client will be billed at a rate of $49/hour for each additional hour incurred.
Overage hours will be tracked and invoiced at the beginning of the following month. Payment is due within 15 days of the invoice date. If the invoice is not paid by the due date, the Client’s membership will be automatically cancelled the following month.
It is the Client’s responsibility to notify Service Provider via email at webmaster@brandwithamw.com when submitting website updates if they wish for updates to cease once their monthly allotted hours are reached. If no notice is given, Service Provider will continue work and any additional time will be billed accordingly.
5. Term and Termination
This Agreement is on a month-to-month basis and shall continue until terminated by either party with a 14-day written notice. If Client terminates mid-month, no refunds will be issued.
Service Provider may terminate the Agreement at any time for non-payment or breach of terms.
6. Client Responsibilities
Client is responsible for providing timely access to all necessary website credentials and materials needed to perform services. Service Provider is not responsible for delays due to lack of access or communication.
7. Limitation of Liability
Service Provider will take reasonable precautions and use best practices in maintaining the Client’s website. However, Service Provider is not liable for any data loss, downtime, or security breaches caused by third-party providers, hosting services, or software vulnerabilities.
8. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information and not to disclose such information to any third party without prior written consent.
9. Miscellaneous
– This Agreement constitutes the entire agreement between the parties.
– Any changes must be made in writing and agreed upon by both parties.
– This Agreement shall be governed by the laws of the state of Maryland.
By checking the box “I have read and agree to the Terms Of Service” during signup, the Client acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement. This action constitutes a legal signature and acceptance of this Agreement.