Monthly Website Maintenance Retainer Agreement Template

Monthly Website Maintenance Retainer Agreement Template

This Monthly Website Maintenance Retainer Agreement (the “Agreement”) is entered into as of [Effective Date] by and between:

Client: [Client Legal Name], address: [Address] (“Client”)
Service Provider: [Provider Legal Name], address: [Address] (“Provider”)

Covered Website(s): [Domain(s)/environment(s)]
Primary Hosting/Platform (Optional): [Host/CMS/Stack]

1. Services Included

1.1 Provider will provide ongoing website maintenance and support services for the Covered Website(s) (the “Services”), which may include:

• CMS/plugin/theme updates and patching

• Routine maintenance checks and troubleshooting

• Minor bug fixes and minor content updates

• Backup support (if selected): ☐ yes ☐ no (frequency: [__])

• Uptime monitoring (if selected): ☐ yes ☐ no

• Security updates and basic hardening (as agreed)

• Performance checks (basic) and recommendations

• Other included tasks: [List]

1.2 Client understands that Services are for maintenance and support and are not a guarantee of uninterrupted uptime or security.

2. Out of Scope

2.1 The following are not included unless the Parties approve them in writing:

• redesigns or rebranding

• new features or major development work

• major migrations (platform/host/CMS)

• custom integrations beyond minor maintenance

• SEO strategy, paid ads, or marketing campaigns

• content writing or large content loads

• issues caused by third-party outages (hosting, DNS, CDN, payment processors) unless Provider is also contracted to manage those services

• emergency remediation beyond included hours (unless stated otherwise)

3. Retainer Hours and Tracking

3.1 Included Hours: [] hours per month.
3.2 Billing Increment: Provider will track time in increments of: ☐ 15 minutes ☐ 30 minutes ☐ 1 hour ☐ other: [].
3.3 What Counts as Time: Time includes investigation, implementation, testing, and communication reasonably necessary to complete the request.

4. Rollover of Unused Hours

4.1 Rollover Option (Select One):
☐ No rollover. Unused hours expire at the end of each month.
☐ Limited rollover. Up to [] unused hours may roll over to the next month only.
☐ Rollover with expiration. Unused hours may roll over up to [] hours and expire after [__] month(s).
☐ Other rollover rule: [Describe].

4.2 Provider will not be required to “bank” unlimited hours unless explicitly stated in writing.

5. Support Requests and Communication

5.1 Client will submit requests via: ☐ email ☐ ticketing system ☐ project tool ☐ other: [Method].
5.2 Client will designate authorized requestors: [Names/emails].
5.3 Provider may request clarification, access, or approvals before starting work.

6. Support Hours and Response Targets

6.1 Support Hours: ☐ Mon–Fri [Hours/Time Zone] ☐ 24/7 for critical issues only ☐ other: [__].
6.2 Severity Levels:

• Critical: site down, active security incident, checkout/payment failure, major outage affecting most users

• High: major feature broken, severe performance degradation, widespread errors

• Medium: minor feature issues, non-critical bugs, routine fixes

• Low: cosmetic issues, small content edits, minor requests

6.3 Response Targets (Customize):

• Critical: respond within [__] hours

• High: respond within [__] hours

• Medium: respond within [__] business day(s)

• Low: respond within [__] business day(s)

6.4 Response targets are goals and depend on access, third-party dependencies, and the complexity of the issue.

7. Fees and Payment

7.1 Monthly Retainer Fee: $[Amount] per month.
7.2 Payment Terms: ☐ due in advance on the [] day of each month ☐ Net [] days from invoice date.
7.3 Late Payments (Optional): Late fee/interest (if permitted): [__].
7.4 Taxes: ☐ included ☐ excluded (Client responsible as applicable).

8. Out-of-Scope and Additional Work

8.1 Work beyond included hours or outside scope will be billed as:
☐ Time & materials at $[Rate]/hour
☐ Fixed-fee quote approved in writing
☐ Other: [Describe]

8.2 Provider will obtain Client approval before starting out-of-scope work, except for emergency mitigation requested by Client or needed to reduce active harm (e.g., security containment), subject to Section 9.

9. Backups, Restores, and Critical Incidents

9.1 Backups (If Included): frequency: [], retention: [] days.
9.2 Restores: ☐ included within retainer hours ☐ billed separately ☐ included up to [__] restores/month.
9.3 Security Incidents: Provider will take commercially reasonable steps to stabilize and mitigate an active incident. Full remediation, forensic review, or rebuild work may be out of scope unless stated here: [Define any included incident hours/services].

10. Client Responsibilities

10.1 Client will provide and maintain access to necessary systems (hosting, DNS, CMS admin, repositories, third-party accounts) and keep credentials current.
10.2 Client is responsible for third-party subscription fees unless explicitly included.
10.3 Client will avoid unapproved changes that may affect stability (e.g., installing plugins, editing server settings) or will notify Provider promptly if changes occur.

11. Ownership and Credentials

11.1 Client retains ownership of Client content and the website.
11.2 Provider retains ownership of Provider pre-existing tools and templates.
11.3 On request, Provider will return Client credentials and deliver any Client-owned materials in Provider’s possession, subject to security procedures.

12. Term and Termination

12.1 Term: month-to-month beginning on the Effective Date.
12.2 Either party may terminate with [] days’ written notice.
12.3 Fees are: ☐ non-refundable once the month begins ☐ refundable pro-rata (terms): [].
12.4 Upon termination, Client will pay for approved out-of-scope work completed through the termination effective date.

13. Limitation of Liability (Optional)

13.1 Consequential damages: ☐ excluded ☐ not excluded.
13.2 Liability cap (optional): ☐ none ☐ $[Amount] ☐ fees paid in last [__] months.
13.3 Carve-outs (optional): [Confidentiality, willful misconduct, etc.].

14. Governing Law

14.1 This Agreement is governed by the laws of [State/Country].

Signatures

Client: [Client Legal Name]
Name/Title: [Authorized Signer]
Date: [Date]
Signature: ___________________________

Service Provider: [Provider Legal Name]
Name/Title: [Authorized Signer]
Date: [Date]
Signature: ___________________________

Witnesses (If Required)

Witness Name: [Name]
Date: [Date]
Signature: ___________________________

Notary / Notarization (If Required)

State of [State]
County of [County]

On [Date], before me, [Notary Name], personally appeared [Client Signer Name] and [Provider Signer Name], known to me (or satisfactorily proven) to be the persons whose names are subscribed to this Agreement, and acknowledged that they executed it for the purposes stated.

Notary Public Signature: _______________________
My Commission Expires: _______________________
Notary Seal (if applicable): ___________________