WordPress Website Maintenance Plans

Our website maintenance plans are an ongoing premium service to keep your website up-to-date and secure. These updates typically include your website’s WordPress core as well as 3rd party plugins. Maintenance plans can also include additional services, such as backups, security monitoring, and premium or custom theme updates.

At Daveworks, we offer these all-inclusive or custom maintenance plans to help make owning and operating your website as easy as possible. We understand that you have enough on your plate, so we offer these plans as a way of freeing up your time to run *your core business.

SOFTWARE MAINTENANCE & COMPLIANCE TERMS

1. THIRD-PARTY SOFTWARE, UPDATES & USER SECURITY

Customer acknowledges that Daveworks Inc. installs and maintains third-party Content Management Systems (CMS, e.g., WordPress), themes, plugins, and tracking technologies (including but not limited to Google Analytics, Meta Pixels, and video embeds).

• Independent Authorship: These applications are authored by third parties with no proprietary interest in Daveworks Inc.
• Non-Liability for Failures: Daveworks Inc. is not liable for service interruptions, data breaches, or operational failures caused by these third-party tools or core software updates.
• Core & Plugin Updates: Standard maintenance includes applying WordPress core, theme, and plugin updates. Custom code that bypasses standard update frameworks, or child themes that break due to third-party updates, may require out-of-scope technical remediation.
• User-Side Security Boundaries: Routine maintenance includes automated server-level monitoring and routine malware scans. However, enterprise remediation for breaches caused by compromised client/user credentials (e.g., weak passwords, lost devices, or unsecure public Wi-Fi access) falls outside standard maintenance and is billed as separate technical support.
• No Control Over Data Processing: Customer understands that third-party scripts may change their data collection methods without notice. Daveworks Inc. is not responsible for auditing the internal code of third-party applications.

2. DATA PRIVACY, REGULATORY & STATUTORY COMPLIANCE

Daveworks Inc. provides technical implementation services based strictly on the Customer’s instructions and business requirements. Daveworks Inc. operates purely as an independent web development service and is not a legal, compliance, or regulatory firm. The Customer remains the sole “Business Owner” and “Data Controller” under the law.

• Legal & Regulatory Responsibility: Customer is solely responsible for ensuring the website complies with all applicable state, federal, and industry privacy or accessibility laws, including but not limited to CIPA, VPPA, CCPA/CPRA, HIPAA, GENA, and ADA/WCAG accessibility guidelines.
• Legal Counsel & Content: It is the Customer’s responsibility to consult qualified legal counsel, provide legally compliant Privacy Policies, and approve the configuration of any Consent Management Platform (Cookie Banner). Daveworks Inc. does not provide legal advice, and the technical installation of any script, tool, or policy text does not constitute a legal guarantee.
• Indemnification: Customer agrees to indemnify, defend, and hold Daveworks Inc. harmless from any legal claims, statutory damages (including CIPA’s $5,000 per-violation penalties), regulatory fines, or third-party lawsuits arising from site operations, tracking technologies, or data collection.

3. LIMITATION OF LIABILITY & “FAIL-SAFE” CAP

• Total Waiver: To the maximum extent permitted by law, Daveworks Inc. and its subcontractors shall have no liability whatsoever for any inconvenience, damages, or legal liability resulting from the action, inaction, or “wiretapping” claims related to third-party applications, tracking scripts, or site security incidents.
• Consideration of Rates & Discounts: Customer acknowledges that the monthly rates and courtesy pricing discounts provided by Daveworks Inc. are offered in direct exchange for the Customer’s acceptance of these strict liability limits.
• The Fail-Safe Cap: If a court finds the “Total Waiver” above to be unenforceable, the parties agree that Daveworks Inc.’s total maximum liability is strictly limited to the fees paid specifically for the “Software Maintenance” line item (excluding SEO, hosting, or other services) during the six (6) months immediately preceding the claim.
• No Consequential Damages: In no event shall Daveworks Inc. be liable for lost profits, loss of reputation, or legal settlements paid by the Customer to third parties.