ShelleyWeb Website Maintenance Terms
Version 2026-10. Effective October 23, 2026. Last updated October 23, 2026.

These Website Maintenance Terms (the “Terms”) govern the website maintenance services provided by Pitch Publications, LLC, doing business as ShelleyWeb (“ShelleyWeb”). By purchasing or renewing a maintenance plan, or by continuing to request maintenance work, you (“Client”) agree to these Terms. These Terms replace any prior maintenance agreement or understanding, whether written or oral, relating to maintaining websites, beginning with your next purchase or renewal after notice.

1. Authorization

• These Terms are entered into between the Client and Pitch Publications, LLC DBA ShelleyWeb as a web development agency for the specific purpose of maintaining a custom website. Any previous agreement or understanding, whether written or oral, relating to maintaining websites is hereby superseded, considered null and void, and replaced in its entirety by these Terms.

2. Maintenance Details (What is Covered)

• ShelleyWeb includes the following elements in its Maintenance Agreement.
• Consultations: limited troubleshooting and consultations are included in maintenance.
• Video/Phone consultation occurs at the discretion of ShelleyWeb and only in unusual circumstances. Video/Phone consultation and tutorials will be billed at the quoted hourly rate.
• Initial Website Tasks:
  • Compress images to enhance speed using a compression plugin. Note that images can only be compressed so much based on what is uploaded. Please be sure to do pre-optimization before upload.
  • Check connection of Google Analytics, Google Page Speed, and Google Search Console.
  • Installation of Cloudflare CDN (upon request).
  • Privacy Policy and Disclosure (a recommendation can be made for a service provided by a team of lawyers for these items, but is not included in maintenance):
    • Initial setup of a Privacy Policy and Disclosure if one does not exist. ShelleyWeb will create a disclosure page for the Client’s website but does not guarantee the legality of this text. Please have the Client’s lawyer read the agreement.
    • Initial setup of Cookie Notifications (optional but highly suggested). To help comply with EU laws on notifying website visitors of the use of website cookies, ShelleyWeb will install a simple popup that visitors click to acknowledge the use of cookies. Installation is included, but this agreement does not guarantee the legality of this text or functionality. Please have the Client’s lawyer read the agreement.
• Website maintenance tasks:
  • Regular and thorough backups of the Client’s site so that it may be fully restored in case of loss (daily off-site backups retained for 30 days).
  • Restoration of a website from backup (data installed after the date and time of backup will be lost upon restoration). Updates are checked weekly. Security updates are installed when released and in a timely manner by ShelleyWeb. Other updates are monitored to test compatibility with other plugins and themes.
  • Plugin optimization. Some plugins may become outdated and no longer work with the newest version of the Client’s website software. Advice on plugin replacement will be offered, but plugin replacement is not covered under maintenance. Plugins may need upgrading to accommodate a newer version, or may become obsolete with improvements in the website software. Configuring new plugins is not included in maintenance.
  • Monitoring of website uptime and performance tuning.
  • Security scans. ShelleyWeb will monitor the Client’s site and scan it weekly for known hacks and vulnerabilities. In addition, ShelleyWeb will implement security measures with the goal of preventing brute force attacks and spam comments.
• Monthly reports on website updates will be emailed monthly (reporting on the previous month).
• (Optional) Premium Plugin and Theme Licenses. These change based on plugin availability and pricing. When possible, ShelleyWeb provides a developer license or developer discount for some commonly used plugins with multi-license discounts. Additional information on these plugins will be emailed to the Client.
  • If the Client discontinues services with ShelleyWeb, they immediately lose access to the premium licenses supplied by ShelleyWeb. License keys and/or plugins will be deleted from the site.
  • If a Client has purchased a discounted license from ShelleyWeb, they will immediately lose access to the plugin, and no refunds will be given.
• (Required) Premium Plugins:
  • ShelleyWeb management plugin.
  • ShelleyWeb website report plugin.
  • Spam blocking plugins (to be determined based on the Client’s website compatibility).

3. Maintenance Details (What is Not Covered)

• ShelleyWeb specifically does NOT cover the following, and such work will be billed at the current quoted hourly rate (subject to change).
  • Content changes to web pages. Updates to the content of web pages will be supplied by the Client and executed as specified by the Client. This includes installation of custom code (provided by the Client for things such as forms), creation and formatting of images, pages, and posts, and changing design elements such as menus, links, sidebars, and fonts.
  • Fixing performance problems caused by the Client, previous developers, third-party updates, or other sources not directly caused by ShelleyWeb.
  • SEO optimization (recommendations can be made, but work requires an additional fee), including on-page SEO such as meta tags (title, description, keywords), alt tags, and h1/h2/h3 tags.
  • Email marketing, including setting up and formatting email collection forms and setting up and maintaining the Client’s email list.
  • Ecommerce, including setting up an ecommerce platform and loading or formatting ecommerce products.
  • Interpretation of Google Analytics or Google Page Speed Insights.
  • Hosting. Hosting is not included in maintenance and shall be purchased separately. ShelleyWeb is not responsible for problems occurring at the server level. Communicating with and implementing server changes will be billed at the hourly rate.
  • Domain registration. Communicating with and managing the domain registrar will be billed at the hourly rate.
  • Email deliverability management. Email, even @yourdomain.com email, is not part of website management. Looking into deliverability problems, setting up a domain email, and similar tasks are not included in maintenance.
  • New theme or editing a theme. From time to time WordPress makes major updates that render previous themes unusable. If you would like your theme refreshed, it will be billed at the hourly rate. From time to time theme builders go out of business and their themes become obsolete and can no longer be updated. Changing out the theme is not included in maintenance.
  • Facebook Ads, Pinterest Ads, or Google Ads. ShelleyWeb can assist with recommending ways to install a pixel on your website but cannot guarantee or determine why a pixel is or is not working on Facebook, Pinterest, or Google.
  • Malware, spam, or malicious code. Removal of malware, spam, and malicious code from the Client’s website is available for an additional charge. ShelleyWeb follows best practices for website security, but no plan in technology is 100 percent foolproof.
  • Any other task not specifically marked under Section 2.

4. Time Frame

• ShelleyWeb will evaluate the Client’s requirements and formulate a quote and timeline to complete requested work based on the documents and instructions the Client has submitted.
• General assumptions:
  • Emails received outside of office hours will be collected; however, no action can be guaranteed until the next working day.
  • ShelleyWeb is not on call 24/7 but makes every reasonable effort to address issues as they arise.
• Client responsibilities: the Client understands that work time will be delayed if the Client is unable to provide necessary information in the agreed time frame (for example, passwords, logins, or code from third parties such as Facebook).

5. Primary Contact

• The Client shall appoint one (1) individual within the Client’s organization to serve as the primary contact between the Client and ShelleyWeb. Although other members of the Client’s organization may work with ShelleyWeb, should contradicting information be presented, the primary contact’s instructions shall be used.

6. Payment of Fees and Automatic Renewal

• Maintenance fees are charged via a subscription purchased on shelleyweb.com. The Client’s chosen paying term (monthly, bi-yearly, or yearly) will automatically renew, and the card on file is charged on each renewal date, until the Client cancels by email to [email protected].
• If a renewal payment fails and is not resolved within 14 days, the maintenance plan will be cancelled, and the Client will need to repurchase a plan at the current rate to resume service.
• Invoices for work outside of maintenance will be billed to the credit card on file. A 3-day notice will be sent for the Client to review the invoice.
• Invoices for work not covered in the maintenance agreement are sent electronically by email monthly. Terms of these invoices are full payment, including applicable tax, within 30 days from the date of the invoice. ShelleyWeb does not give refunds once this agreement is executed. Late fees may apply after 30 days.

7. Updates to These Terms

• ShelleyWeb may update these Terms from time to time. When a change is made, ShelleyWeb will email the Client at least 30 days before the Client’s next renewal date, with a short summary of the meaningful changes and a link to the full updated Terms.
• The updated Terms take effect starting with the Client’s first renewal after that notice, and they replace any prior maintenance agreement, including any previously signed contract, beginning with that renewal.
• If the Client does not wish to continue under the updated Terms, the Client may cancel before the renewal date. If the Client does not cancel, and the plan renews or the Client continues to request work after the notice period, the Client accepts the then-current version of these Terms.
• These Terms are versioned and dated (for example, Version 2026-10). Prior versions are archived and available on request. Fee changes continue to be governed by Section 9.

8. Late Fees

• ShelleyWeb may charge a late payment fee on any overdue and unpaid balance not in dispute, to cover the labor, interest, and other costs ShelleyWeb pays for carrying overdue invoices. In addition, ShelleyWeb reserves the right to stop work until payment is received.
• The current late fee charges are posted on our Terms of Service page and are subject to change at any time. Rates at the time of invoice issue will apply.

9. Fee Changes

• ShelleyWeb may increase the Maintenance Charge set out in these Terms by giving 5 days’ prior written notice to take effect at the end of the notice period. In such an event, the Client may terminate before the end of the notice period by written notice to ShelleyWeb. If the Client neither confirms nor objects in writing within 5 business days from ShelleyWeb’s notice, the price increase is deemed accepted by the Client.
• ShelleyWeb may increase the hourly rate for items outside the scope of maintenance at any time but will notify the Client.

10. Cancellation and Refunds

• Pre-purchased materials for the Client: any non-cancelable materials or services that ShelleyWeb has properly committed to purchase for the Client’s account (either specifically or as part of a plan such as modules, photography, or external services) shall be paid for by the Client in accordance with these Terms. ShelleyWeb agrees to use its best efforts to minimize such liabilities immediately upon written notification from the Client, and will provide written proof upon request that such materials and services are non-cancelable.
• Either party breaks the agreement: either party may terminate if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of receipt of notice of the default, or, if the default is not reasonably curable within that period, unless the defaulting party commences a cure within that period and diligently proceeds to cure the default.
• Unlawful acts: either party may immediately terminate by giving written notice if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, makes an assignment for the benefit of creditors, has a trustee or similar agent appointed with respect to any property or business, or, in the case of the Client, materially breaches its obligations to make payment under these Terms.
• Due to the nature of the virtual service, once initial setup has been completed (usually within 5 business days of purchase), there will be no refunds or pro-rated refunds of services offered.
• If the Client decides to discontinue services, ShelleyWeb will make a backup of the Client’s site. After 30 days, the Client’s website will be deleted from ShelleyWeb servers and access will no longer be available. ShelleyWeb may continue to keep a backup of the Client’s site from the time the contract ends. Should the Client wish to return to ShelleyWeb services, ShelleyWeb only guarantees information up to the date of contract expiration.

11. Confidentiality

• The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” includes, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer-retained information, notes, or financial information. It does not include any information that (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process.
• The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party, or to use it for any purpose other than as specified in these Terms. Each party’s proprietary or confidential information remains the sole and exclusive property of that party.
• Notwithstanding termination or expiration, ShelleyWeb and the Client agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue for a total period of three (3) years from the end of the maintenance plan.
• The Client agrees that web maintenance processes and edits performed by ShelleyWeb may, from time to time, be recorded via screen capture. These videos are used to train ShelleyWeb clients. Every effort will be made to blur out sensitive information such as financial data and email addresses. The Client agrees to notify ShelleyWeb by email to request that additional content be removed from a posted video.
• ShelleyWeb retains the nonexclusive, perpetual, and worldwide right to display, reproduce, and distribute any work done for the Client in ShelleyWeb’s portfolio and website, and in third-party trade publications, awards, or exhibits, or any other medium decided upon by ShelleyWeb, for the purpose of promoting or exemplifying ShelleyWeb’s work, and the right to be credited with copyright ownership and authorship of the designs in connection with such use, without any compensation to the Client. The Client may not seek to mislead others that the work was created by anyone other than ShelleyWeb.

12. Copyrights

• The Client shall obtain releases, licenses, permits, or other authorization to use testimonials, copyrighted materials, photographs, artwork, or any other property or rights belonging to third parties obtained for use in performing services for the Client (if applicable).
• The Client guarantees that all elements of text, images, or other artwork provided are either owned by the Client or that the Client has permission to use them.
• As part of these Terms, copyright is assigned as follows:
  • ShelleyWeb retains the copyright to original artwork, designs, and layouts created by ShelleyWeb and text written by ShelleyWeb as part of these Terms.
  • The Client retains the non-exclusive right to use artwork and text created by ShelleyWeb in perpetuity on the website but may not use them in other commercial projects without express written consent from ShelleyWeb.
  • The Client owns all elements of text, images, and data provided by the Client, unless a third party (for example, a stock photo provider) owns them.

13. Warranty and Third Parties

• If the Client or an agent other than ShelleyWeb attempts to update the Client’s pages, time to repair such web pages is not included in these Terms. Changes made by any agent other than ShelleyWeb may not be recovered if repair is needed. Plugin changes fall under the umbrella of a third party for the purpose of these Terms.
• Many of the products ShelleyWeb uses (WordPress) and associated programs (WordPress plugins) are provided as-is, without warranty, and often without support. ShelleyWeb cannot guarantee the future health or fitness of any open source software or third-party programs.
• ShelleyWeb may, at its expense, subcontract with any entity or person concerning the provision of the services contemplated here; provided, however, that ShelleyWeb shall not be relieved of any of its obligations under these Terms by the appointment of a subcontractor.
• The Client authorizes ShelleyWeb (including employees and subcontractors) to access and modify the Client’s websites and other accounts to which access has been provided (including but not limited to hosting, email, social media accounts, domain registrar, and premium plugin accounts).
• While complete client satisfaction is desired, ShelleyWeb does not warrant that the functions contained in these web pages or the website will meet the Client’s requirements in perpetuity, or that the operation of the web pages will be uninterrupted or error-free.
• The entire risk as to the quality and performance of the web pages and website is with the Client. In no event will ShelleyWeb be liable to the Client or any third party for any damages, including any lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if ShelleyWeb has been advised of the possibility of such damages.
• In any event, ShelleyWeb’s total liability arising out of or related to these Terms will not exceed the maintenance fees paid by the Client in the three (3) months before the claim arose.
• The Client agrees to provide ShelleyWeb access to hosting and/or the domain registrar for purposes of restoring files as needed. If access is not granted, the Client understands that ShelleyWeb will be unable to make adjustments to the website in the event of a server error. In addition, ShelleyWeb is not liable for any error caused at the server level.

14. Legal Fees

• If the Client violates these Terms, the Client will be responsible to pay ShelleyWeb any and all reasonable legal fees and costs of suit to enforce these Terms.

15. Indemnification

• The Client shall indemnify and hold harmless ShelleyWeb (and its subsidiaries, contractors, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by ShelleyWeb as a result of any claim, judgment, or adjudication against ShelleyWeb related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data, or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by the Client to ShelleyWeb, or (b) a claim that ShelleyWeb’s use of the Client content infringes the intellectual property rights of a third party. To qualify for such defense and payment, ShelleyWeb must (i) give the Client prompt written notice of a claim and (ii) allow the Client to control, and fully cooperate with the Client in, the defense and all related negotiations.

16. General Provisions

• These Terms shall be governed in accordance with the laws of the State of Georgia. All disputes under these Terms shall be resolved by litigation in the courts of the State of Georgia, including the federal courts therein, and the parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available to them.

17. Representations and Warranties

• The parties each represent and warrant that each has full power and authority to enter these Terms and to perform all their obligations here without violating the legal or equitable rights of any third party.

18. Entire Agreement

• Except as otherwise set forth or referred to in these Terms, these Terms constitute the sole and entire agreement and understanding between the parties as to the subject matter here, and supersede all prior discussions, agreements, and understandings of every kind and nature between them as to such subject matter.

19. Severability

• If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future law, that provision will be fully severable. These Terms will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of these Terms, and the remaining provisions will remain in full force and effect.

20. Relationship of Parties

• ShelleyWeb, in rendering performance under these Terms, shall be deemed an independent contracting agency, and nothing contained here shall constitute this arrangement as employment, a joint venture, or a partnership. The Client does not undertake by these Terms, or otherwise, to perform any obligation of ShelleyWeb, whether by regulation or contract. In no way is ShelleyWeb to be construed as the agent of, or acting as the agent of, the Client in any respect, any other provision of these Terms notwithstanding.

By purchasing or renewing a ShelleyWeb maintenance plan, or by continuing to request maintenance work, you acknowledge that you have read and agree to these Website Maintenance Terms (Version 2026-10).