Website Update & Maintenance Terms and Conditions
Last Updated: April 22, 2026
These Website Update & Maintenance Terms and Conditions (“Terms”) govern the provision of website maintenance, modification, and update services (“Services”) provided by Mixed Media Ventures (“Company”) to the person or entity requesting such services (“Client” or “Requestor”). By submitting a Website Update Request Form and checking the acceptance box, Client agrees to be bound by these Terms.
1. Scope of Services
The Services include specific website updates, deletions, additions, or changes as detailed by the Client in the submitted request form. The scope is strictly limited to the specific URLs and instructions provided in the narrative description of the request.
1.1 Hosting vs. Maintenance: These Terms apply to requested site changes and related maintenance work only. Website hosting, server availability, and infrastructure uptime are the responsibility of Client’s hosting provider (and/or Client if self-hosted). The Company does not guarantee hosting/server uptime, performance, or availability.
2. Professional Fees and Billing
2.1 Hourly Rate: All Services provided under these Terms are billed at the Company’s prevailing rate of $125.00 per man-hour.
2.2 Minimum Billing: Services are tracked and billed based on actual time spent by the Company’s technical and creative teams.
2.3 Emergency/Rush Requests (Best Effort; Surcharges): Requests designated as “Emergency” or “Rush” priority are handled on a best-effort basis, subject to team availability, and are not guaranteed to meet any specific deadline. “Emergency/Rush” prioritization does not waive the standard hourly rate and may be subject to an additional surcharge of fifty percent (50%) of the applicable labor charges (or, if specified by the Company in writing for a particular request, a flat rush fee).
2.4 Payment: Fees for Services rendered will be invoiced to the Requestor and are due upon receipt or according to existing billing agreements between Mixed Media Ventures and the Requestor.
3. Submission Requirements and Timelines
3.1 Submission Is a Request; Acceptance and Start of Lead Time: Submission of the Website Update Request Form constitutes a request for Services only and does not mean the request has been received, accepted, scheduled, or approved. The three (3) business day lead time begins only after Mixed Media Ventures confirms to Client (by email or other written communication) that (i) the request has been received and (ii) the request includes clear, actionable instructions sufficient to begin work.
3.2 Request Specificity; Clarifications; Reset of Lead Time: Client is responsible for providing complete, accurate, and specific instructions, including the exact pages/URLs, desired outcomes, source files, copy, credentials, and any other information reasonably needed to perform the request. If a request is vague, incomplete, contradictory, or otherwise requires clarification, the Company may pause work and/or request additional information. Any time spent awaiting Client clarification or materials will not be counted toward the lead time, and once the Company receives the needed clarification/materials, the lead time clock will reset and begin again under Section 3.1. The Company is not responsible for delays caused by missing, unclear, inaccurate, or untimely information from Client.
3.3 Form-Only Communication: Only requests submitted through the Company’s official Website Update Request Form are considered valid and will be scheduled and processed under these Terms. Requests submitted via email, text message, phone call, chat, social media, or other channels may be ignored or deferred until re-submitted through the official form.
3.4 Priority Levels: Client shall designate a priority level (Normal, Medium, High, or Emergency/Rush). The Company will make every effort to accommodate the selected priority level, but scheduling is subject to team availability. “Emergency/Rush” requests are best-effort only, may be declined, and may be subject to surcharges as described in Section 2.3.
3.5 Post-Update Review Window (Deemed Acceptance): Client must review completed work promptly and notify the Company in writing of any issues or alleged nonconformity within forty-eight (48) hours (two (2) business days) after the Company notifies Client that the request is complete. If Client does not report issues within this window, the work will be deemed accepted for purposes of these Terms.
4. Access and Security
4.1 Credentials: Client must provide valid login URLs, usernames, and passwords to the website’s administrative backend. The Company is not responsible for delays caused by incorrect or expired credentials.
4.2 Security Disclaimer: While the Company maintains internal security protocols, the Client acknowledges that transmitting login credentials via web forms carries inherent risks. The Company is not liable for unauthorized access to the website resulting from the Client’s transmission of credentials.
4.3 Security & Sensitive Data (No Passwords or PII via Form): Client must not submit passwords, payment card data, Social Security numbers, health information, or other sensitive personal data or personally identifiable information (“PII”) via the Website Update Request Form or any unencrypted channel. If Client transmits such information anyway, Client does so at its own risk, and the Company will have no liability arising from or related to such transmission (including any unauthorized access, disclosure, or misuse).
4.4 Backup Responsibility: It is the Client’s sole responsibility to ensure a full backup of the website is performed before any updates are made. The Company shall not be liable for any data loss, site downtime, or technical errors resulting from the requested changes.
5. Client Content and Media
5.1 Rights and Licenses; Ownership: By uploading or otherwise providing images, videos, documents, fonts, code, trademarks, logos, or other materials (“Client Assets”), the Client represents and warrants that they own or control all rights necessary to provide and authorize use of the Client Assets for the Services, and that use of the Client Assets as requested will not infringe, misappropriate, or violate any third-party rights.
5.2 Copy/Text Accuracy: Client is solely responsible for the accuracy, completeness, and legality of any copy, text, claims, offers, disclosures, pricing, and other content provided by Client (including any content pasted into the request form). The Company is not responsible for verifying factual accuracy, regulatory compliance, or claim substantiation of Client-provided copy/text.
5.3 Indemnification: Client agrees to indemnify and hold Mixed Media Ventures harmless against any third-party claims of intellectual property infringement, misappropriation, or other violations arising from content or materials provided by the Client.
6. Limitation of Liability
In no event shall Mixed Media Ventures be liable for any indirect, special, or consequential damages arising out of the performance of website updates. MMV’s total liability for any claim shall not exceed the total amount paid for the specific update request in question.
6.1 Third-Party Breakage: The Company is not responsible or liable for issues, errors, outages, incompatibilities, or breakage caused by or arising from third-party platforms, hosting providers, themes, plugins, extensions, APIs, advertising platforms, analytics tools, CMS/core updates, or other third-party changes or updates, even if such third-party components are used in connection with the Client’s website.
6.2 Browser & Device Compatibility: Unless otherwise agreed in writing, the Company will use commercially reasonable efforts to support and optimize work for the latest two (2) current major versions of commonly used modern web browsers (e.g., Chrome, Safari, Edge, Firefox) as of the date the work is performed. Support for legacy browsers, outdated devices/operating systems, or uncommon configurations is not included and, if requested, may require additional billable time and/or fees.
6.3 SEO Impact Disclaimer: Client acknowledges that website changes may affect search performance. The Company is not responsible for search engine ranking fluctuations, traffic changes, or indexing/visibility changes resulting from Client-requested updates, Client-provided content, third-party changes, or search engine algorithm updates.
6.4 Accessibility (ADA) Disclaimer: The Company is not an accessibility auditor or legal compliance advisor. Any accessibility-related work performed is limited to implementing Client-requested changes and does not constitute a certification or guarantee of compliance with ADA, WCAG, or other accessibility laws/standards. Client is solely responsible for determining and ensuring the accessibility and legal compliance of its website and any content or materials Client provides or requests to be implemented.
7. Termination of Request
The Company reserves the right to decline any service request for any reason, including but not limited to technical incompatibility, illegal content, or insufficient instructions.
7.1 Suspension of Service (Past-Due Balances): The Company may pause, defer, or suspend performance of any Services and/or decline to schedule new requests if Client has any past-due balance owed to the Company (whether related to Services under these Terms or any other agreement between the parties). Any timelines or lead times will be tolled during any such suspension.
7.2 Termination (Either Party; Payment for Work Performed): Either party may terminate the ongoing update/maintenance arrangement at any time by providing written notice to the other. Upon termination, Client remains responsible for payment of all fees and charges for Services performed and time incurred through the effective termination date (including any non-cancellable third-party costs incurred at Client’s request), and the Company will invoice such amounts in accordance with Section 2.
7A. Revisions and Rework
If the Company completes a request in accordance with the instructions provided and Client later requests changes, revisions, or rework that are outside the original, clear, actionable instructions (including changes due to updated preferences, new direction, or additional requirements), such revisions will be treated as a new request and billed at the then-current hourly rate (and may be subject to rush surcharges if applicable). For clarity, the Company will not perform additional revisions at no charge where the original request was executed as described in Client’s submitted instructions.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Monmouth County, New Jersey.
9. Acceptance
9.1 Digital Consent; Electronic Signature: By clicking the “I agree to the terms and conditions” checkbox and clicking “Submit” (or similar submission button) on the Website Update Request Form, the Requestor acknowledges they have read, understood, and agreed to be bound by these Terms and Conditions. The Requestor further agrees that such action constitutes a digital signature and evidences the Requestor’s intent to be legally bound by these Terms.
9.2 Technical Limitations; Confirmation of Receipt Required: Client acknowledges that technical issues may occur, including but not limited to web form failures, connectivity issues, spam filtering, and email notification delays. A request is deemed “received” only when an authorized Mixed Media Ventures representative confirms receipt in writing (email or other written communication). The Company is not responsible for delays or failures in receipt or processing caused by technical issues outside the Company’s reasonable control.