A website maintenance contract is the document by which your service provider undertakes to provide you with services related to the maintenance of your website.
To be valid, it must define some important items, such as the maintenance actions that will be carried out, the timing according to which they will take place and the remuneration of the service provider.
Often the maintenance of the website is carried out by the same service provider who accompanied you during its creation. Maintenance of your website is not mandatory but is strongly recommended.
What is a website maintenance agreement?
When creating your website, you have certainly worked hard with the help of your service provider to ensure that the result is of high quality and faithfully represents your company’s image.
However, a website must be maintained to continue to function properly and minor malfunctions may appear depending on how it is used. Nobody wants to be left without a solution if the website crashes when you start sales. That is why the website maintenance contract is of paramount importance, although it is not mandatory.
There can be two types of contract: it is important to be able to choose between the two with confidence to find the formula that best suits your needs. The third party application maintenance or application maintenance agreement (TMA) simply includes updating the site and its components.
Bug fixes may be charged extra. The corrective maintenance contract provides for the updating of the website, as well as the correction of bugs and any operating anomalies. It is obviously more expensive but it can be essential depending on the use you will make of your website.
What should a website maintenance contract contain?
To be valid, the website maintenance contract must contain some mandatory information. In effect, it is a legal document that is a mutual commitment between you and your service provider for a set fee in advance. In the website maintenance contract you will therefore find:
- the legal notices of the service provider and those of your company
- the references of the software and / or website for which the service provider is appointed
- the obligation for you to allow the service provider access to the premises where the software is located, as well as to provide him with the material and human resources to ensure the smooth running of his intervention
- the remuneration of the service provider and the frequency,
- the actions for which he is entrusted.
To be valid, a website maintenance contract must accurately indicate the contact details of the parties who undertake to comply with it. In the context of a company, it is above all the legal notices that must be mentioned on the document.
In particular, the service provider must include in the contract:
- the company name of the maintenance company that employs it, its legal form, the amount of its share capital, the address of the registered office, the RCS registration number and the city in which RCS is registered;
- the mention “represented by” followed by the contact details of your service provider, the nature of his function and the date on which he was authorized by his company to sign the contract, as well as the name and function of the person who authorized it .
Under your customer designation, the contract must mention:
- the name of your company, its legal form, the amount of its share capital, the address of your registered office, your RCS registration number and the city where the register that holds the RCS where you are registered is located.
- the name, function and date on which the person representing your company was authorized to sign this website maintenance agreement.
The website on which the service provider operates.
It is in this part of the contract that the software or website on which you instruct the chosen service provider to intervene will be defined. The website or the software must be defined very precisely because the service provider cannot intervene on an IT tool other than the one designated in the contract. It is therefore necessary to include in the contract:
- the company name of the software manufacturer / website
- the seller’s business name
- the reference to the software and the URL address if it is a website
- the date of purchase of the software or the date of creation of the website
- the main features of your software or website.
The URL address of your site must be mentioned, otherwise the service provider will not be able to identify the tool on which he will have to intervene.
The missions entrusted to the service provider.
The actions for which the chosen service provider is entrusted must be mentioned precisely in order to guarantee the professional’s commitment to intervene in the cases mentioned. Often, the missions cited include:
- ensure the constant correct functioning of the aforementioned website, respecting the maintenance instructions given by the manufacturer or by the professional who assisted you in the creation of your website and of which you must provide a copy to the service provider.
- the intervention of the service provider on the operating anomalies detected on the site
- assistance in the event of an accident resulting from a malfunction of the website
- notification of any changes that may be made to its site at the time of maintenance and the delivery of documents relating to the intervention carried out.
These typical missions can be supplemented at your request by additional services. A response time can also be mentioned.
Services that you will not be able to request from the service provider.
Like any contract that binds two parties to each other, the document contains a part that provides details on the acts that the service provider will not be instructed to perform. It is often up to the service provider to protect itself from disputes in the face of its customer’s misuse of the website for which it operates and which could cause damage, such as deletion of a file.
It is also customary to remember that the service provider cannot intervene on an IT tool other than the one covered by the maintenance contract, for obvious reasons.
Compensation of the supplier.
The contract also establishes the remuneration requested by the service provider and the payment methods. Here the functioning of the website maintenance contract will also be mentioned: subscription, flat rate of a few hours a month, payment on intervention, etc.
Mutual obligations of both parties.
This part will mention the obligations to which the service provider and you, as a customer, are subject. It is often a reminder of the confidentiality rules that apply to the service provider when they take action on your website. There is also talk of liability not assumed if the information that he may need to carry out the tasks entrusted to him is not transmitted to the service provider.
As a customer, therefore, you must undertake to provide access to your site to the service provider, as well as to give them access to any information they may need. We remind you that your service provider is subject to a confidentiality obligation, which allows you to provide them with access to information regarding your company in total confidentiality.
You also need to make sure that you have qualified personnel available to your service provider to perform maintenance on your website.
The legal notice of the website maintenance contract.
The maintenance contract for your website is subject to French law. This must be mentioned at the end of the contract, which allows you to take the place of jurisdiction in the event of a dispute.
Finally, the contract must be signed by both parties and the date and city of signature must be indicated. These are the elements that will make the maintenance document valid.
Our advice for choosing the right website maintenance contract.
Choosing a trusted service provider to maintain your website is essential. It is largely the trust you place in it that will allow you to work in partnership in the most effective way possible to ensure the maintenance of your website and the quick resolution of any problems you may encounter.
To benefit from an always complete service and services carried out with the utmost care, it may be interesting to collaborate with a freelance professional specialized in website maintenance.
At the house of codeur.comwe collaborate with qualified freelancers and we assure you the success of the missions entrusted to them.