Name: D3 Creative
Address: Broadstone Mill, Broadstone Road, Stockport, England, SK5 7DL, UK
Telephone: 0161 524 5554

Website Maintenance Terms and Conditions

DEFINITIONS
1. "Service Provider" means D3 Network Ltd trading as D3 Creative
2. "Client" means the individual or organisation purchasing maintenance services
3. "Services" means the maintenance and support services as specified in the selected package (Core, Plus, or Max)
4. "Website" means the Client's single Statamic-based website covered under this agreement, including its staging and production environments only. Statamic installations using multi-site will be reviewed individually and priced separately
5. "Business Hours" means Monday to Friday, 9:00am to 5:00pm UK local time, excluding UK public holidays.
6. Business Day" means any day Monday to Friday, excluding UK public holidays.
7. "Service Commencement Date" means the date on which cleared payment is received by the Service Provider. This is the date the contract begins and the start of the 12-month Contract Year.
8. "Contract Year" means each successive 12-month period from the Service Commencement Date
9. "Personal Data" has the meaning given to it under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018
10. "Prepaid Hour Block" means a block of prepaid hours purchased in advance by the Client, as described in clause 4.3.
11. This agreement is entered into between two businesses. The Client confirms they are entering into this agreement in the course of business and that the Consumer Rights Act 2015 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply.
SERVICE PACKAGES
1. The package applicable to this agreement is confirmed by the invoice issued to the Client prior to the Service Commencement Date. In the event of any ambiguity, the invoice takes precedence.
2. Core Package (£1,788 per annum)
  1. 12 Statamic CMS, Composer, and NPM updates per year (monthly)
  2. Daily automated Ubuntu server security updates
  3. CMS support via email during Business Hours
  4. Post-update compatibility fixes for Statamic core and its dependencies. Issues arising from custom code will be scoped as a separate billable project
  5. Major version upgrades for Statamic, PHP, Laravel, and their dependencies (including Composer and NPM packages) are included where the upgrade can be applied without modification to custom code. Where the upgrade requires refactoring of custom code or deprecated functionality, the refactoring work will be scoped and quoted as a separate billable project, while the upgrade itself remains included.
  6. If critical or high-severity security patches are released for Statamic outside the scheduled monthly update cycle, they are applied as a priority, typically within one business day
  7. Initial response within 72 Business Hours for issues outside of scheduled updates, including Statamic, hosting, and third-party service issues
  8. Up to 1 hour per month of support (unused hours do not roll over)
  9. Proactive monitoring of the Laravel application framework via Laravel Nightwatch (see Section 15) to identify performance issues and potential problems
3. Plus Package (£3,588 per annum)
  1. 12 Statamic CMS, Composer, and NPM updates per year (monthly)
  2. Daily automated Ubuntu server security updates
  3. CMS support via email during Business Hours
  4. Post-update compatibility fixes for Statamic core and its dependencies. Issues arising from custom code will be scoped as a separate billable project
  5. Major version upgrades for Statamic, PHP, Laravel, and their dependencies (including Composer and NPM packages) are included where the upgrade can be applied without modification to custom code. Where the upgrade requires refactoring of custom code or deprecated functionality, the refactoring work will be scoped and quoted as a separate billable project, while the upgrade itself remains included.
  6. If critical or high-severity security patches are released for Statamic outside the scheduled monthly update cycle, they are applied as a priority, typically within one business day
  7. Initial response within 48 Business Hours for issues outside of scheduled updates, including Statamic, hosting, and third-party service issues
  8. Up to 2 hours per month of support (unused hours do not roll over)
  9. Proactive monitoring of the Laravel application framework via Laravel Nightwatch (see Section 15) to identify performance issues and potential problems
  10. Post-update summary report detailing updates applied and vulnerabilities addressed
4. Max Package (£7,188 per annum)
  1. 12 Statamic CMS, Composer, and NPM updates per year (monthly)
  2. Daily automated Ubuntu server security updates
  3. CMS support via email during Business Hours
  4. Post-update compatibility fixes for Statamic core and its dependencies. Issues arising from custom code will be scoped as a separate billable project
  5. Major version upgrades for Statamic, PHP, Laravel, and their dependencies (including Composer and NPM packages) are included where the upgrade can be applied without modification to custom code. Where the upgrade requires refactoring of custom code or deprecated functionality, the refactoring work will be scoped and quoted as a separate billable project, while the upgrade itself remains included.
  6. If critical or high-severity security patches are released for Statamic outside the scheduled monthly update cycle, they are applied as a priority, typically within one business day
  7. Priority response within 2 Business Hours for issues outside of scheduled updates, including Statamic, hosting, and third-party service issues
  8. Up to 4 hours per month of support (unused hours do not roll over)
  9. Proactive monitoring of the Laravel application framework via Laravel Nightwatch (see Section 15) to identify performance issues and potential problems
  10. Post-update summary report detailing updates applied and vulnerabilities addressed
  11. Management of your CDN including caching rules, security configuration, and regular monitoring
CONTRACT TERM AND PAYMENT
1. The Service Provider is not currently VAT-registered. All prices are stated as the total amount payable, with no VAT added.
2. Initial Term: All packages require a 12-month minimum commitment from the Service Commencement Date.
3. Payment Terms
  1. All packages are billed annually in advance. Invoices are issued prior to each billing period and payment is due within 30 days of the invoice date.
  2. Services will not commence until payment has been received and cleared.
  3. The first maintenance cycle will be carried out within 7 Business Days of the Service Commencement Date.
  4. Where renewal documentation has been agreed but cleared payment is not received by the end of the current Contract Year, Services will pause until payment is received and cleared. The new Contract Year will commence from the date of cleared payment.
4. Renewal
  1. The Service Provider will contact the Client at least 60 days before the end of the current Contract Year to discuss renewal.
  2. Renewal may be subject to updated Terms and Conditions, pricing, and service inclusions, which will be provided with the renewal notice.
  3. A new invoice will be issued upon agreement to renew.
  4. This agreement does not renew automatically. Continued provision of Services beyond the current Contract Year requires the Client's express agreement to the renewal terms and payment of the renewal invoice.
5. Service and Price Reviews
  1. The Service Provider reserves the right to review and adjust pricing, service inclusions, and package features at any time.
  2. Any changes will be communicated at least 60 days before renewal, and the Client may choose not to renew under the revised terms.
  3. Changes do not affect the current Contract Year.
6. Non-Refundable
  1. All payments are non-refundable except where credit is applied toward a package upgrade as described in clause 3.7.
  2. Services will remain available for the remainder of the Contract Year should the Client wish to continue receiving maintenance.
7. Package Changes
  1. The Client may upgrade to a higher package at any time during the Contract Year.
  2. Upgrades take effect on receipt of payment and begin a new 12-month Contract Year from that date.
  3. A pro-rata credit for the unused portion of the current Contract Year will be applied against the new annual fee.
  4. Package changes do not affect the minimum 12-month commitment described in clause 3.1.
  5. Any package change made during the Contract Year will be subject to the Terms and Conditions in effect at the time of the change.
SCOPE OF SERVICES
1. Included Services
  1. The Service Provider will provide the services specified in the Client's selected package as detailed in Section 2.
2. Support Scope
  1. Support covers issues arising outside of scheduled updates, including:
    1. CMS usage and content management queries
    2. Issue resolution and platform troubleshooting
    3. Hosting provider issues
    4. Third-party service issues (e.g CRMs, APIs, connected services)
  2. Where an issue involves an external vendor, the Service Provider will handle communication and coordination on the Client's behalf.
  3. Resolution times vary depending on the complexity of the issue, particularly where external vendors are involved.
3. Monthly Support Hours
  1. The Core, Plus, and Max packages each include a monthly allocation of support hours as specified in Section 2 (Core: 1 hour, Plus: 2 hours, Max: 4 hours).These hours cover the activities described in clause 4.2.
  2. Unused hours do not roll over to subsequent months.
  3. If a task requires time beyond the monthly allowance, the Client may purchase a Prepaid Hour Block to cover the additional time. Prepaid Hour Blocks are available in blocks of 10 or 20 hours at £125 per hour. Prepaid hours expire 12 months from the date of purchase if unused
  4. Prepaid hours are intended for small development tasks directly related to the maintenance of the Client's website. They are not a substitute for a development project; any sizable development work will be scoped and quoted separately.
  5. Where no hour block is in place, additional time will be invoiced at the standard ad hoc rate of £150 per hour during Business Hours. Out-of-hours work is subject to the rates and conditions set out in Section 8. The Client will be notified and asked to approve any chargeable work before it is carried out.
4. Service Boundaries
  1. The Services cover keeping your website secure, stable, and up to date - not new development work.
  2. Anything beyond the scope listed in Section 2 will be quoted as a separate project.
UPDATE DEPLOYMENT PROCESS
1. All Statamic CMS, Composer, and NPM updates follow a three-stage deployment process:
  1. Local: Updates are first applied and tested in a local development environment
  2. Staging: Updates are then deployed to a staging environment for further verification
  3. Production: Once verified, updates are deployed to the live production site and tested again
THIRD-PARTY AND CLIENT CHANGES
1. Any fixes required as a result of changes made by the Client or a third-party developer are outside the scope of this agreement and will be scoped and quoted separately.
Business Hours SUPPORT
1. All support is provided during Business Hours only.
2. Requests received outside Business Hours will be addressed on the next Business Day.
OUT-OF-HOURS SUPPORT
1. Out-of-hours support is not included in any package and is not guaranteed.
2. If the Service Provider chooses to assist with an urgent issue outside Business Hours, this is entirely at the Service Provider's sole discretion and does not create any obligation to do so in future.
3. Any out-of-hours work is chargeable at £200 per hour with a minimum charge of one hour, and will be invoiced separately.

RESPONSE TIMES
1. Response times apply to all packages as follows:
  1. Core: Initial response within 72 Business Hours
  2. Plus: Initial response within 48 Business Hours
  3. Max: Priority response within 2 Business Hours during Business Hours
2. Response times indicate when the Service Provider will acknowledge and begin investigating an issue. They do not guarantee resolution within the same timeframe, as resolution times vary depending on the complexity of the issue and any third-party dependencies involved.
SERVER PATCHING
1. Server security updates are managed through automated daily patching systems across all packages.
2. Updates are applied automatically when available from Ubuntu's official security repositories.
3. Manual intervention is included if automated updates fail or require specific configuration.
POST-UPDATE FIXES
1. Post-update fixes cover standard compatibility issues for Statamic core and its dependencies.
2. If custom code breaks as a result of an update, this will be assessed, scoped, and quoted as a separate billable project.
3. Issues arising from deprecated legacy code requiring any refactoring will be assessed and scoped separately.
CLIENT RESPONSIBILITIES
1. Access
  1. The Client must provide and maintain:
    1. Server access credentials (SSH, control panel)
    2. CMS administrator access
    3. Access to third-party services (CDN, APIs, hosting providers etc.) where applicable
    4. Any other access required to perform the Services
  2. Where the Client fails to provide or maintain the required access, the Service Provider's obligations under this agreement are suspended for the affected period. Services will resume once the necessary access has been restored.
2. Data Processing Disclosure
  1. The Client, as data controller, is responsible for ensuring their website's privacy policy accurately reflects all data processing activities carried out as part of the Services, including application performance monitoring and the collection of IP addresses and request metadata through server logging, as further described in Sections 15 and 16.
3. Cookie Compliance
  1. The Client is solely responsible for ensuring their Website complies with applicable cookie, tracking, and privacy legislation in any jurisdiction in which their Website operates, including but not limited to the UK Privacy and Electronic Communications Regulations (PECR), UK GDPR, and the California Consumer Privacy Act (CCPA).
  2. This includes the implementation, configuration, and ongoing maintenance of any cookie consent mechanism.
  3. The Service Provider accepts no liability for the Client's failure to comply with cookie or tracking regulations.
BACKUPS
1. The Service Provider does not host or maintain Client backups. Backup arrangements are the Client's responsibility, as set out below.
2. The Client is solely responsible for maintaining their own independent backups of their Website and all associated data.
3. The Service Provider accepts no liability for data loss arising from the provision of Services where the Client has failed to maintain independent backups as required by Section 13.2.
4. Backups are typically configured at the server level by the Client's hosting provider, usually as scheduled snapshots, and any associated cost is paid by the Client directly to the hosting provider.
5. The Service Provider may, at its discretion, take a manual snapshot before applying significant updates as a precautionary measure. This is not a guaranteed service and does not replace the Client's responsibility to maintain their own backups.
6. Where the Client wishes to enable scheduled hosting-level snapshots or other automated backup services, the Service Provider can assist with setup. Any costs charged by the hosting provider for backup services are payable by the Client.
HOSTING ENVIRONMENT
1. The Client is responsible for procuring and paying for their own hosting environment.
2. The Service Provider will advise on minimum hosting requirements and manage/maintain the hosting environment remotely, but does not provide or pay for hosting services.
3. The Client is responsible for ensuring their hosting environment is sufficiently resourced to run the website reliably (e.g. during traffic bursts or when under heavy load). The Service Provider accepts no liability for issues arising from an under-resourced hosting environment.
THIRD-PARTY SERVICES
1. The Client is responsible for procuring, paying for, and maintaining subscriptions to all third-party services (CDN, hosting, APIs, etc.).
2. Monitoring tools used by the Service Provider to deliver the Services are provided at no additional cost to the Client.
3. The Service Provider will manage and maintain third-party services as part of the selected package but is not responsible for their costs or availability.
4. The Client is responsible for compliance with the terms and conditions of all third-party services procured by the Client.
5. Application Monitoring
  1. The Service Provider uses Laravel Nightwatch (Laravel Holdings Inc.) to monitor application performance and stability as part of the Services.
  2. Application monitoring data is processed by Laravel Holdings Inc. within EU datacentres by default. The Client may request US datacentre routing in writing at any time, in which case data will be processed in accordance with Laravel Holdings Inc.'s Data Processing Agreement and applicable cross-border transfer mechanisms. The DPA is available on request.
  3. By accepting these Terms and Conditions, the Client acknowledges Laravel Holdings Inc. as a sub-processor of application data arising from the provision of the Services.
SERVER LOG ACCESS
1. As part of providing the Services, the Service Provider may access server logs, which may contain personal data such as IP addresses and request metadata.
2. Server log access is strictly limited to what is necessary to perform the Services. The Service Provider will not retain, copy, or use log data for any purpose beyond the delivery of the Services.
COMMUNICATION
1. The Client must ensure that the Service Provider can reach them, or a representative with authority to make decisions, within two Business Days of being contacted, particularly when action or approval is required.
2. Support requests should be submitted via email during Business Hours.
COMPLAINTS PROCEDURE
1. Any complaints regarding the Services should be submitted in writing via email.
2. The Service Provider will acknowledge receipt of a complaint within 2 Business Days and aim to provide a full response within 10 Business Days.
3. If the Client is not satisfied with the response, the matter may be escalated in accordance with the Dispute Resolution process set out in Section 31.
SITE COMPATIBILITY
1. The Client acknowledges that their Website must be running the current major version of Statamic to qualify for maintenance services.
2. Sites below the current major version are not eligible for maintenance until they have been upgraded.
3. The Client may arrange this upgrade independently or commission it as a separate project with the Service Provider prior to the commencement of Services.
4. Where, during the Contract Year, the Website ceases to run a supported version of Statamic and the Client does not commission the required upgrade, the Service Provider's obligations to provide updates and post-update fixes are suspended for the affected period. Other Services (such as server patching and support) will continue where technically possible. No partial refund will be issued.
TERMINATION
1. Early Termination by Client
  1. The Client may terminate this agreement at any time by providing written notice via email.
  2. As all payments are made annually in advance and are non-refundable, Services will continue until the end of the current Contract Year unless the Client instructs otherwise.
  3. No partial refund will be issued for the remaining term.
  4. Where the Client takes the Website offline or otherwise renders Services impossible to deliver, the Service Provider's obligation to provide further Services ends. No partial refund will be issued.
2. Termination by Service Provider
  1. The Service Provider may terminate this agreement with immediate effect if:
    1. The Client engages in abusive or threatening behaviour towards Service Provider staff
    2. The Client uses the Website for illegal purposes
  2. For all other material breaches, the Service Provider will provide written notice specifying the breach. If the breach remains unremedied after 14 days, the Service Provider may terminate the agreement with immediate effect.
  3. Termination for Convenience
    1. The Service Provider may terminate this agreement for any reason by giving the Client 60 days' written notice via email. Such reasons may include, but are not limited to:
      1. the Service Provider's inability to continue delivering the Services to the required standard;
      2. the Services becoming commercially or operationally unviable;
      3. material changes to the Service Provider's business, capacity, or service offering;
      4. changes in the technology stack or third-party platforms on which the Services rely;
      5. personal circumstances affecting the Service Provider's ability to deliver the Services.
    2. Where the Service Provider terminates under this clause, a pro-rata refund will be issued for the unused portion of the Contract Year, calculated from the end of the notice period.
    3. During the notice period, the Service Provider will continue to provide the Services as normal and will, where reasonable, assist the Client with handover to a replacement provider.
3. Effect of Termination
  1. Where Services end immediately under clauses 20.2.1 or 20.2.2, the Service Provider will provide reasonable assistance with transition if required. Where the Client holds a prepaid hour block, those hours will be used first. Any time beyond the available balance is chargeable at £150 per hour.
  2. The Client is responsible for revoking the Service Provider's access to the website, server, and any third-party services after a reasonable handover period.
  3. Any unused prepaid hours at the end of the Contract Year, or upon termination, are forfeited and not refundable in cash.
4. Change of Control
  1. The Client shall notify the Service Provider via email within 30 days of any change of control, acquisition, merger, sale of the Client's business, or sale of the Website to a separate legal entity.
  2. Following such notification, the Service Provider may, at its sole discretion:
    1. Continue providing the Services under the existing terms;
    2. Propose revised terms or pricing to take effect at the next renewal; or
    3. Terminate the agreement on 30 days' written notice.
  3. Where the Service Provider terminates under clause 20.4.2.3, a pro-rata refund will be issued for the unused portion of the Contract Year, calculated from the end of the notice period.
  4. Where the Client wishes to assign or transfer this agreement to a successor entity, the successor entity must agree in writing to be bound by these Terms and Conditions before Services continue. This requirement operates alongside the assignment provisions in Section 27.
LIMITATION OF LIABILITY
1. Service Level
  1. The Service Provider will perform all Services with reasonable skill and care expected of a professional web development agency.
2. Limitation
  1. The Service Provider's total liability under this agreement shall not exceed the total fees paid by the Client in the current Contract Year.
3. Excluded Liability
  1. The Service Provider shall not be liable for:
    1. Loss of profits, revenue, or business opportunity
    2. Loss of data, where the Client has failed to maintain independent backups as required by Section 13.
    3. Indirect or consequential losses
    4. Issues arising from third-party services or hosting providers outside the Service Provider's control
    5. Downtime caused by hosting provider failures
    6. Issues caused by the Client or third parties
    7. Force majeure events
    8. Costs of third-party services (hosting, CDN, APIs, etc.)
    9. Security breaches, hacking attacks, zero-day exploits, or supply chain attacks outside the scope of the scheduled maintenance Services.
    10. Performance issues caused by Client's content, traffic spikes, or hosting limitations
4. Website Availability
  1. Whilst the Service Provider will use reasonable endeavours to maintain Website stability and performance, no uptime guarantee or SLA is provided.
  2. All packages include a response time during Business Hours, with response times varying by package (see Section 9), but this does not guarantee zero downtime.
INTELLECTUAL PROPERTY
1. Existing IP
  1. All intellectual property rights in the Website and its content remain the property of the Client.
2. Tools and Methods
  1. The Service Provider retains all rights to reusable tools, methodologies, and code libraries developed during the provision of Services.
  2. Site-specific code written solely for the Client's website remains the property of the Client. The Client receives a non-exclusive licence to use any reusable tools or libraries incorporated into their website.
3. Third-Party Software
  1. Statamic CMS and other third-party software are subject to their respective licence agreements.
CONFIDENTIALITY
1. Both parties agree to keep confidential any proprietary or sensitive information disclosed during the provision of Services.
2. This obligation does not apply to information that:
  1. Is publicly available
  2. Was known before disclosure
  3. Is required to be disclosed by law
DATA PROTECTION
1. Both parties will comply with applicable data protection legislation, including the UK GDPR and Data Protection Act 2018, in respect of their own respective obligations under this agreement.
2. The Service Provider will process personal data only as necessary to provide the Services and in accordance with the Client's instructions.
3. The Service Provider maintains appropriate technical and organisational measures to protect data security.
4. The Service Provider's use of third-party application monitoring tools and access to server logs in the course of providing the Services is described in Sections 15 and 16 respectively. Both sections form part of the Service Provider's data protection obligations under this agreement.
5. The Client retains direct control over their own infrastructure (hosting, server, CMS, third-party services). The Service Provider accesses these systems under credentials provided by the Client, and the Client remains the data controller in respect of all data processed by or through their Website.
6. The Service Provider will notify the Client without undue delay, and in any event within 48 hours, on becoming aware of any personal data breach affecting data processed in the course of the Services.
FORCE MAJEURE
1. Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to natural disasters, war, terrorism, strikes, or failure of third-party infrastructure.
GENERAL PROVISIONS
1. Entire Agreement
  1. These Terms and Conditions, together with the Client's selected package details, constitute the entire agreement between the parties.
2. Amendments
  1. The Client receives a copy of these Terms and Conditions with their invoice.
  2. The Service Provider will honour those terms for the duration of the Contract Year, regardless of any subsequent changes to the current Terms and Conditions.
  3. If the terms have been updated at the time of renewal, the Client will be notified of any changes with their renewal notice.
ASSIGNMENT
1. The Client may not assign or transfer this agreement without the Service Provider's written consent.
WAIVER
1. Failure to enforce any provision of this agreement does not constitute a waiver of that provision.
SEVERABILITY
1. If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full effect.
NOTICES
1. All notices must be in writing and sent via email.
DISPUTE RESOLUTION
1. In the event of a dispute, both parties agree to attempt to resolve the matter informally in the first instance by written (email) notice to the other party.
2. If the dispute cannot be resolved informally within 14 days, both parties agree to attempt resolution through mediation before commencing any legal proceedings.
3. Nothing in this clause prevents either party from seeking urgent injunctive or interim relief from the courts where necessary.
GOVERNING LAW
1. This agreement is governed by the laws of England and Wales, and both parties submit to the exclusive jurisdiction of the English courts.
ACCEPTANCE
1. Before any work begins, I ask all clients to sign a copy of these Terms and Conditions. This confirms you've had the chance to read and agree to everything before we get started