Terms of Service for Maintenance Packages

Web Maintenance Service Level Agreement (SLA)

This Service Level Agreement (SLA) applies to PixelMongers maintenance plans for WordPress-based websites, including Maintenance Essentials, Essentials Plus, and Business Premium.

By purchasing, paying for, or issuing a purchase order for a PixelMongers (PXM) maintenance plan, you (“Client”) acknowledge and accept the following terms and conditions:


Services Provided

PXM agrees to provide regular maintenance and support services for Client’s WordPress website(s) as detailed in the chosen maintenance plan (Maintenance Essentials, Essentials Plus, or Business Premium).

Services include:

  • Regular WordPress core, plugin, and theme updates.
  • Security monitoring and threat mitigation.
  • Backup and restoration services.
  • Troubleshooting and issue resolution within the defined service scope.
  • Assistance with third-party integrations, including Microsoft Email API, Google Email API, Constant Contact, Emma, Salesforce, HubSpot, and similar platforms.

Client Responsibilities

The Client agrees to:

  • Provide timely and accurate information required for performing maintenance.
  • Ensure administrative access is available to PXM for website management.
  • Provide server-level administrative access or ensure easy access to IT staff managing the hosting server for site backups, staging environments, and troubleshooting purposes.
  • Keep PXM informed of any changes that could impact website functionality or security.

Security Requirements

To comply with PXM’s cybersecurity policies and insurance requirements, all websites managed under a maintenance plan must:

  • Have an approved security plugin installed and maintained (e.g., Wordfence, Solid Security Pro, or equivalent).
  • Enforce two-factor authentication (2FA) for all administrator-level user accounts.

These measures are mandatory to protect the integrity and security of your website and data.


Compensation and Payment

Client agrees to compensate PXM under the terms of their selected maintenance plan. Pricing may vary based on project scope, renewal terms, or legacy status. All maintenance plans require a minimum 12-month commitment.

Clients may choose monthly or annual billing, with payment due either in advance or within 15 days of the start of each maintenance period, depending on the agreement. Accepted payment methods include credit card, check, bank transfer, or authorized purchase order.

Maintenance invoices will clearly specify coverage dates. PixelMongers reserves the right to adjust maintenance rates annually to reflect increased operational costs, cybersecurity requirements, and evolving state procurement expectations. Pricing adjustments, if applicable, will be noted on the client’s invoice for the upcoming billing period.


Support Response Times

PXM strives to respond to support tickets within 24 hours during the business week (Monday–Friday, 9:00 AM – 5:00 PM CST). Clients should submit support requests by emailing [email protected]. For urgent or complex issues, clients with direct contact details may escalate through Basecamp pings, Microsoft Teams chat, or via SMS if previously authorized.

In the event of critical security threats, service outages, or disaster recovery scenarios, PXM may extend availability beyond standard hours to ensure timely resolution and protection of client sites.

In situations requiring after-hours support that is not caused by PixelMongers-managed systems or covered under the standard maintenance plan, emergency assistance may be billed at a higher hourly rate. This rate is calculated at time-and-a-half, currently $165/hour. Clients will be informed of applicable fees prior to any work being performed, unless immediate intervention is necessary to prevent significant service disruption or data loss.


Exclusions and Additional Services

The following are not included in standard maintenance plans but may be available as additional services:

  • New page layouts, landing pages, or custom designs.
  • Full website redesigns or rebuilds.
  • WCAG 2.1 AA or ADA compliance remediation.
  • Custom development or advanced programming.

These are billed separately either hourly at $110/hour or under a separate proposal.


Refund Policy

Refunds are applicable only to prepaid maintenance plans and retainers under the following conditions:

  • A prorated refund may be issued if no services have been rendered in the billing cycle.
  • No refunds will be issued once updates, backups, or content changes have occurred.
  • Requests must be made in writing within 30 days of payment.
  • One-time or project-based services are non-refundable once begun.

Data Handling and Compliance

PixelMongers does not collect, store, or manage sensitive or regulated data as part of its maintenance services and is not responsible for compliance-related data handling. Websites that collect, process, or store such data—such as personal, financial, medical, or student information—must use third-party, client-managed storage solutions and maintain their own long-term archiving, backups, and compliance.

Most routine backups are handled by the hosting provider. When administrative access is granted, PXM may perform manual or offsite backups a few times per year—especially before major updates or during troubleshooting. For sites with sensitive data, PXM may store quarterly, stripped-down offsite copies (excluding sensitive content), retained for up to one year.


Hosting Compliance Requirements

Clients are responsible for selecting a hosting environment that meets appropriate compliance and security standards:

  • Payment processing requires PCI DSS-compliant hosting.
  • Sensitive or regulated data (e.g., health, education, government) must be hosted on platforms meeting standards like SOC 2 Type II or HIPAA compliance.
  • Hosting must include SSL, backups, secure access, and compatibility with WordPress.

PXM does not provide hosting directly but offers agency-managed hosting for qualifying clients and assists in third-party setup or migration.

Projects subject to FERPA, HIPAA, or CJIS must address compliance through a separate scope of work or agreement before services begin.


Limitation of Liability

PixelMongers is not liable for indirect, incidental, or consequential damages including data loss or downtime. Liability for any claim is limited to the total fees paid to PXM in the prior 12 months.

PXM is responsible for WordPress updates covered under maintenance but not for server-level or hosting-related vulnerabilities. In such cases, PXM will notify or assist the hosting provider as appropriate.

In the event of a breach, PXM will cooperate in good faith to assist with investigation, recovery, and restoration and may coordinate with relevant insurance procedures if applicable.


Force Majeure

PixelMongers shall not be held liable for any delay or failure to perform its obligations under this agreement due to events beyond its reasonable control. This includes, but is not limited to, acts of God, natural disasters, labor disputes, internet or power outages, pandemics, acts of government, or other unforeseen circumstances that prevent performance. In such cases, PixelMongers will resume services as soon as reasonably practicable.


Governing Law

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


Agreement Acceptance

By purchasing a PXM maintenance plan—whether through payment, invoice approval, or the issuance of a purchase order—the Client agrees to the terms outlined in this Service Level Agreement. For state agencies, a valid purchase order serves as authorization to begin services. For all other clients, payment of the first invoice constitutes acceptance of these terms. Signed agreements are not required unless otherwise specified.