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 & SERVICES

Customer acknowledges that Daveworks Inc. installs and maintains third-party Content Management Systems (CMS), 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.

• 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 3rd party applications.

2. DATA PRIVACY & STATUTORY COMPLIANCE

Daveworks Inc. provides technical implementation services based on the Customer’s marketing and business requirements. The Customer remains the sole “Business Owner” and “Data Controller” under the law.

• Legal Responsibility: Customer is solely responsible for ensuring the website complies with all state and federal privacy laws, including the California Invasion of Privacy Act (CIPA), the Video Privacy Protection Act (VPPA), and the California Consumer Privacy Act (CCPA/CPRA).

• Consent Mechanisms: It is the Customer’s responsibility to provide a legally compliant Privacy Policy and to approve the configuration of any Consent Management Platform (Cookie Banner). Daveworks Inc. does not provide legal advice, and the installation of a tracking script does not constitute a guarantee of its legality.

• 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), or regulatory fines arising from the Customer’s use of tracking technologies or the collection of user data.

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 3rd party applications or tracking scripts.

• Consideration of Discounts: Customer acknowledges that the significant monthly discounts and competitive rates provided by Daveworks Inc. are offered in exchange for the Customer’s acceptance of these liability limits.

• The Fail-Safe Cap: If a court find 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, 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.