This Master Services Agreement (“Agreement” or “MSA”) is entered into by and between Platinum Web Services, LLC (“Company,” “we,” or “us”) and the individual or entity accepting this Agreement (“Client”).

This Agreement governs all services provided by Company to Client and applies to all Clients located within the United States.

By accepting this Agreement electronically, submitting a service signup form, checking a consent checkbox, approving a proposal, or using Company’s services, Client agrees to be bound by this Agreement.

1. Scope of Services

Company provides website-related services including, but not limited to, website maintenance, monitoring, updates, security checks, backups, performance checks, content edits, and related services (collectively, the “Services”).

Specific services, deliverables, response times, and limitations are defined in:

• The selected maintenance plan,
• Any written proposal, service order, invoice, or online checkout, and
• This Master Services Agreement.

Services not expressly included are excluded.

2. Maintenance Plans & Service Levels

Maintenance services are provided based on the plan selected by Client (Starter, Essential, or Managed).

Plan features may include, depending on the selected plan:

• CMS, plugin, and theme updates
• Backup frequency
• Security and uptime monitoring
• Malware scanning
• Performance checks
• Content edits (time-limited)
• SEO maintenance
• Emergency fixes
• Support priority

Plan descriptions published on Company’s website or proposal materials are incorporated by reference into this Agreement.

Unused monthly time does not roll over.

3. Client Responsibilities

Client agrees to:

• Provide timely administrative access to website, hosting, domains, and third-party tools
• Maintain valid licenses for all themes, plugins, and third-party software
• Respond promptly to requests for information or approvals
• Ensure all content provided is lawful and does not infringe on third-party rights

Company is not responsible for delays, failures, or service limitations caused by Client’s actions, inaction, or third-party providers.

4. Excluded Services

Unless expressly stated in writing, the following are not included:

• Website redesigns or major layout changes
• Custom development or new feature creation
• Copywriting, photography, video, or content creation
• Paid advertising or marketing campaign management
• Hosting, domain registration, or email services
• Failures or outages caused by third-party services or software

Excluded services may be quoted separately at Company’s discretion.

5. Emergency Fixes

Emergency fixes are included only in Managed plans unless otherwise agreed in writing.

An “Emergency” is defined as an issue that:

• Causes the website to be inaccessible, or
• Creates a confirmed security vulnerability impacting normal operation

Emergency response does not guarantee immediate resolution and may depend on third-party vendors, hosting providers, or software limitations.

6. Backups & Restorations

Company performs automated backups according to the selected maintenance plan.

While Company makes commercially reasonable efforts to maintain backups, Company does not guarantee:

• Backup completeness or availability
• Successful restoration in every scenario
• Protection against all data loss events

Client remains responsible for maintaining independent backups if required for regulatory, legal, or business purposes

7. Fees & Payment Terms

Fees are billed monthly in advance unless otherwise stated in writing.

• All fees are non-refundable
• Failure to pay may result in suspension or termination of services
• Pricing and plan features are subject to change with reasonable notice

Client authorizes Company to charge the payment method on file for all applicable fees

8. Term & Termination

This Agreement begins upon acceptance and continues on a month-to-month basis unless otherwise specified. 

Either party may terminate services with written notice. Upon termination:

• Services will cease immediately or at the end of the current billing cycle
• No refunds will be issued
• Company has no obligation to provide ongoing support or deliverable. 

9. Intellectual Property

Client retains ownership of all content and materials provided by Client.

Company retains ownership of:

• Internal systems, processes, and methodologies
• Tools, scripts, templates, and documentation
• Know-how and expertise developed during service delivery

No intellectual property rights are transferred except as expressly stated in writing.

10. Confidentiality

Each party agrees to keep confidential any non-public, proprietary, or sensitive information obtained during the course of the engagement.

This obligation survives termination of this Agreement.

11. Limitation of Liability

To the maximum extent permitted by law:

• Company shall not be liable for indirect, incidental, consequential, or special damages
• Company’s total liability arising from this Agreement shall not exceed the fees paid by Client to Company during the three (3) months preceding the claim.

12. Indemnification

Client agrees to indemnify, defend, and hold harmless Company from any claims, damages, losses, or expenses arising from:

• Client-provided content or materials
• Client’s use of third-party software or services
• Client’s breach of this Agreement

13. No Guarantees

Company does not guarantee:

• Search engine rankings or SEO outcomes
• Website performance metrics or load speeds
• Revenue, leads, or conversion rates
• Complete prevention of downtime or security incidents

All services are provided on a commercially reasonable basis.

14. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict-of-law principles.

This Agreement applies to Clients located throughout the United States.

15. Entire Agreement

This Agreement, together with any applicable service descriptions, proposals, or service orders, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications.

16. Contact Information

For questions regarding this Agreement or specific service inquiries, contact:

Platinum Web Services, LLC
Info@platinumwebservices.com

17. Acceptance

Client acknowledges and agrees that acceptance of this Agreement may occur by:

• Submitting an online signup form
• Checking a consent checkbox on Company’s website
• Approving a proposal or service order
• Using Company’s services

Such acceptance constitutes a legally binding agreement.