Website Maintenance Service Agreement
This Website Maintenance Service Agreement (the “Agreement”) is entered into by and between Lynx Digital Marketing Inc., a corporation organized and existing under the laws of Alberta, with its principal place of business in Edmonton, Alberta (hereinafter referred to as “Lynx” or “Provider”), and the Client (hereinafter referred to as “Client” or “You”). This Agreement governs the provision of website maintenance services (the “Service”) for Your website.
By engaging Lynx for the Service, You agree to be bound by the terms and conditions set forth in this Agreement. This Agreement becomes effective upon Your acceptance, which may be demonstrated by payment for the Service, written confirmation, or commencement of the Service.
1. Description of Services
Lynx agrees to provide basic website maintenance services limited exclusively to the following activities:
- Updating plugins installed on the website.
- Updating the website theme.
- Performing regular WordPress backups.
The Service is provided on a periodic basis as agreed upon between the parties, such as monthly or quarterly, and is intended to maintain the core functionality of Your WordPress-based website.
2. Exclusions and Limitations
The Service does not include:
- Website content updates, such as adding, editing, or removing text, images, videos, or any other content elements. Content updates are not considered basic website maintenance and will require additional services, which may be provided by Lynx at its discretion and subject to separate fees and agreements.
- Any additional technical support, including but not limited to troubleshooting custom code, integrating new features, optimizing performance, security audits beyond basic updates, or resolving issues arising from third-party modifications.
- Design changes, custom development, SEO services, hosting management, or any other services not explicitly listed in Section 1.
Lynx reserves the right to charge additional fees for any services requested outside the scope of this Agreement.
3. Client Responsibilities
You agree to:
- Provide Lynx with necessary access credentials to the WordPress dashboard and any required administrative tools solely for the purpose of performing the Service.
- Notify Lynx in advance of any planned changes to the website by third parties.
- Ensure that no unauthorized parties access or modify the website in a manner that could interfere with the Service.
4. Liability and Non-Responsibility Clause
Lynx shall not be responsible or liable for any website outages, errors, downtime, data loss, security breaches, or any other issues arising from or related to the website, including but not limited to those caused by:
- Actions or inactions of third parties.
- Hosting provider issues.
- Internet connectivity problems.
- Force majeure events (e.g., natural disasters, acts of war, or pandemics).
Furthermore, Lynx shall not be responsible for website outages or errors, and shall not be required to make any repairs, corrections, or restorations if any party other than Lynx has logged into the website’s WordPress dashboard or cPanel (or equivalent control panel) and made any changes, edits, or modifications. In such cases, any remedial work requested will be treated as additional services subject to separate fees and may require a new agreement.
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LYNX DOES NOT GUARANTEE THAT THE SERVICE WILL PREVENT ALL ISSUES OR ENSURE UNINTERRUPTED WEBSITE OPERATION.
IN NO EVENT SHALL LYNX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LYNX’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE PRECEDING TWELVE (12) MONTHS.
5. Payment Terms
Payment for the Service shall be made in accordance with the invoice provided by Lynx. Fees are non-refundable except as otherwise agreed in writing. Late payments may incur additional charges, and Lynx reserves the right to suspend the Service until payment is received.
6. Term and Termination
This Agreement shall remain in effect for the duration specified in the service plan (e.g., monthly, annually) and shall automatically renew unless terminated by either party with thirty (30) days’ written notice.
Lynx may terminate this Agreement immediately if You breach any term herein, including but not limited to unauthorized modifications to the website or failure to pay fees.
Upon termination, Lynx shall have no further obligations under this Agreement, and You shall remain responsible for any outstanding payments.
7. Indemnification
You agree to indemnify, defend, and hold harmless Lynx, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to Your use of the website, any third-party modifications, or Your breach of this Agreement.
8. Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Any disputes arising under this Agreement shall be resolved exclusively in the courts located in Edmonton, Alberta.
9. Miscellaneous
- Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
- Amendments: Any amendments must be in writing and signed by both parties.
- Severability: If any provision is held invalid, the remainder shall continue in full force.
- Assignment: You may not assign this Agreement without Lynx’s prior written consent.
- Notices: All notices shall be in writing and delivered via email or certified mail to the addresses provided.
If You have any questions about this Agreement, please contact Lynx Digital Marketing Inc. at admin@lynxdigitalmarketing.ca.
By accepting the Service, You acknowledge that You have read, understood, and agree to be bound by this Agreement.
Effective Date: December 7, 2025