Website maintenance plans Terms and Conditions

Date created: 19 January 2025

TERMS OF PARTICIPATION
Please READ carefully. By purchasing and registering for this service, the following Terms and Conditions (the “Terms”) are entered into by Nathalie Szegner / NathMakesThings (“Company”, “we”, or “us”) and You (“Client” or “You”), and You agree to the following terms stated herein. The Company and You may be referred to individually as a “Party” and collectively as the “Parties” in these Terms

PROGRAM
Company agrees to provide the service titled, “Website maintenance plan” (herein referred to as the “Program”) as outlined on the web page where You register, which either consists of the Starter Plan or the Medium Plan. They contain the following support:

The Starter Plan:

  • 30 min of support per month

  • Email Support, with your questions answered within 4 business days

The Medium Plan:

  • 1 hour of support per month

  • Email Support, with your questions answered within 2 business days

  • 5% discount for additional updates, that fall outside the scope of your maintenance plan

Updates are made once a month. The client collects all updates they need done, including all materials needed to perform the update and sends them over via email to us.

The edits included in both plans are:

  • Adding, removing or editing text, links or images on your website. 

  • Changing or editing your menu, header or footer. 

  • Adding, removing or editing store products.

  • Uploading documents to your website. 

  • Adding, removing or editing Squarespace Scheduling appointments (where this feature has already been set up on your website). 

  • Optimizing new images for your website, that you have already chosen and provided.

  • Uploading a blog post that you have already written. 

  • Ensuring your site displays correctly on mobile if you’ve made edits to a section on desktop.

The following is not included in a website maintenance plan:

  •  Providing / creating strategies for SEO, marketing, social media etc.

  • Sourcing imagery or creation of graphics.

  • Design overhaul, branding or strategy changes for your website.

  • Adding non-blog pages to your website. I can absolutely do this, but will send you a separate quote for this.

  • Support for third party products and apps/accounts that you use on your website (e.g. scheduling/booking, domain hosting, email marketing providers, etc). It is very likely that I can help you out with this, but it will be quoted and charged separately

  • Writing blog posts and sourcing images. Any blogs that gets uploaded with your maintenance plan will feature only text and images that you have provided. 

  • If something you’ve requested falls out of your plan’s scope we will let you know and discuss options for getting it sorted.

Access to website
The client agrees to give the company the needed information to perform the above service. This includes the client adding the company as an administrator in Squarespace and in Showit providing the necessary access needed to perform the service.

FEES AND PAYMENT METHOD
Website maintenance plans are billed monthly, through Stripe (Payment processor). Plans are charged monthly on the calendar date from joining – e.g. if you start a plan on the 12th, you’ll be billed on the 12th every month until you cancel your plan.
The Starter plan is billed at 1250 sek/monthly and the Medium plan at 1875 sek/montly. VAT is included in the price.

Cancellations can be made at any point with 2 weeks notice, by emailing nathalie@nathaliesr.com stating that you wish to cancel your payment plan. 2 weeks notice is required for cancellations. Cancellation does not apply to invoices that have already been issued.

In the event that any payment is not made, the Company shall immediately suspend your access to the Program and any of the promised features.

Client understands and agrees that Client is financially responsible for all payments. If payment is not submitted on a payment plan on time after we’ve tried to collect it, the remaining balance + 30% will be sent to a collections agency of our choosing. 

All of the personal information that the Client provides as part of the payment process may be collected by both the Company and Company’s third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle our customer’s personal information.

Our third-party payment processing providers may have privacy policies and terms and conditions that differ from Ours. The company has no liability or responsibility for the independent policies of the Company’s third-party payment processing providers. The client is encouraged to read the independent policies on third-party payment processing providers’ websites.

We do not tolerate or accept any type of chargeback from the Client’s credit card company. If the said client needs to terminate this agreement prior to the Program, the client releases all money already paid in order to secure the service. For this, there are no refunds whatsoever.

Client agrees to abide by these Terms and to pay Company’s invoices on time and agrees to the late payment clause in this agreement, listed below.

Due to the nature of the Program and the services provided by the Company, there are no refunds, for any service provided by the Company under this Program.

You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above. Regarding recurring payments and outstanding invoices: If all payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new payment method promptly or your Program access will be terminated.

If the Client has an unpaid invoice for more than 10 days, we hold the power to drop the client relationship, and the project will be terminated.

INDEPENDENT CONTRACTOR STATUS:
It is expressly agreed and understood that the Company is performing services under this Agreement as an Independent Contractor of the Client and that Company is neither an employee nor an agent of the Client. The company will have sole control over the detailed method of performance of the services, and the facilities and resources needed to perform the services. Company agrees to pay all applicable taxes which may arise as a result of Company’s performance under this Agreement and to comply with any and all laws and regulations applicable to Company’s performance or that of any employee or subcontractor. Company will have no authority to act, to make any representation, to enter into any contract or commitment, or to incur liability on behalf of the Client.

WORK, PRODUCT AND PROPRIETARY INFORMATION:
It is understood and agreed that all deliverables produced by Company under this Agreement become the property of the Client once “Client” pays all compensation due under this Agreement in full. In the event that any deliverable is a work embodying intellectual property rights, including, but not limited to, copyright rights and other proprietary rights, the Company hereby assigns to Client all rights, titles, and interests therein.

Company retains the ability to use the deliverables produced under this Agreement for marketing, promotional, social media, and/or educational purposes provided that (i) data will be anonymized, except for Client’s name, domain URL, information other than any of the clients intellectual or private property and (ii) Company protects Client’s private data at all times. Client agrees that the Service Provider is able to use the site, after and while it’s being worked on in any marketing materials they so choose.

It is further understood and agreed that any client-specific information developed, obtained by, or provided to Company under this Agreement shall be and remain the property of the Client and will be subject to the Client's sole control once the said project and agreement have been commenced.

Client hereby authorizes, releases, and consents to the Company for any use of Client’s name, and written word for promotional or advertising purposes.

Any design designed by the Company cannot be re-sold or redistributed in any way to a third party unless as an affiliate marketing partner of the Company.

NON-EXCLUSIVITY:
The Parties hereby acknowledge and agree that this Agreement is non-exclusive. The client may contract with third parties who perform the same or similar services as those performed by Company and Company may contract with and perform services for as many additional third parties as Company sees fit, without any restriction or limitation.

 ASSINGMENT:
Neither Company nor the Client may assign the rights or obligations set forth in this Agreement without the written consent of the other, which consent shall not be unreasonably withheld.

LIABILITY, RELEASE AND INDEMNITY
All materials provided by the Client are assumed legal and accurate.

You agree that any artwork or other creative elements that are provided to the company as part of creative work are either owned by you or you have the right to use them for commercial purposes. 

The company cannot be held responsible for how the material produced is used once ‘the Client’ has approved the final draft. 

‘The Client’ agrees to indemnify and to hold the Company harmless against any and all claims, costs, and expenses, including solicitors fees, due to materials included in any work undertaken at the request of ‘the Client’.

You agree that you shall not hold me liable for any incidental or consequential damages that arise from failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of me, you, or any of your representatives or employees, or a third party.  

The company accepts no responsibility or liability for any actions taken by ‘the Client’ that cause the website of ‘the Client’ to be penalised or banned from any Search Engine. 

The company shall use commercially reasonable efforts to consult with its clients to ensure high-quality, accurate, and compliant content. However the Company shall not be liable for any inaccuracies, omissions, or other content-based issues, including but not limited to claims related to wrongful representations or claims. The client acknowledges and agrees that the Company updates content based on the information and materials provided by the client, and the client retains ultimate responsibility for the accuracy and compliance of the content. 

The client agrees to indemnify, defend, and hold the Company from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with the content provided, including but not limited to claims related to wrongful representations and other false claims.

COMPANY’S SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CLIENT AGREES THAT COMPANY IS NOT LIABLE TO CLIENT OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES.

CONDITIONS OF THESE TERMS AND GENERAL PROVISIONS

If one part of it becomes invalid or unenforceable, the remaining parts remain in place.  

These terms and conditions override previous agreements that ‘the Client’ has agreed to with the Company. 

These terms stand unless the client has received a “customised contract” (these words will be stated on the invoice in such cases) and that the appropriate contract is stated or linked to on each of their invoices in place of the usual terms.

These terms and conditions are implicitly agreed to on acceptance of the maintenance plan provided and the instruction to proceed. 

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law principles.

Dispute Resolution: Any dispute, controversy, or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Swedish Rules of International Arbitration of the Swedish Chambers' Arbitration Institution. The place of arbitration shall be Stockholm, Sweden. The language of the arbitration shall be English or Swedish.

Miscellaneous:

 (a) This Agreement shall be construed as to its fair meaning and not strictly for or against either Party.

(b) Nothing that the Company designs can be resold, or repurposed into an item for sale, like a template or brand kit.

(c) It is the client's responsibility to provide all content, including images, copy and external links. If said content isn’t provided,I won’t be able to perform the updates. 

(d) If Client has not paid an invoice for more than 30 days, the Company may refer the collection of the unpaid amount to an attorney or collections agency. If Client’s unpaid invoices are referred to an attorney or collections agency, Client shall pay all reasonable attorney’s fees or collections agency fees as well as the Company deemed time spent on collecting this payment.

(e) Company reserves the right to discontinue work until the compensation due pursuant to this Agreement is paid in full. Company reserves the right to terminate this Agreement upon Client’s failure to pay the compensation due to Company pursuant to this Agreement.