VPS Management & Site Maintenance Terms
Last updated: 16 January 2026
These VPS Management & Site Maintenance Terms ("Maintenance Terms") set out the baseline services, responsibilities, and expectations for the ongoing management of your VPS and website.
They govern the infrastructure-management and site maintenance services that Andrej Presern, trading as Truth & Co ("Provider", "I", "me") provides to you, the client ("Client").
These Maintenance Terms operate in addition to, and separately from, any project-based services governed by a Statement of Work and the Professional Services Terms & Conditions.
1. Scope of Services
1.1 The service provides managed VPS and website maintenance, which may include:
- VPS server administration and operating system updates
- Web server and hosting environment maintenance
- CMS core updates
- Plugin/module updates
- Routine security and uptime monitoring
- Scheduled backups
1.2 Services are performed on a best-efforts basis and are preventative and maintenance-focused, not a guarantee of uninterrupted service.
1.3 For any major operating‑system, CMS core, or platform upgrade that could affect site functionality, the Provider will give the Client at least 48 hours written notice (email is sufficient). The Client may request a postponement of the upgrade, provided the request is made before the scheduled date.
2. Hosting & Infrastructure Responsibility
2.1 Unless otherwise agreed, VPS servers are provisioned and managed under the Provider’s hosting account with a third-party infrastructure provider.
2.2 The Client is granted CMS-level access but does not receive direct server or VPS access unless explicitly agreed in writing.
2.3 In some cases, the Client may own or control the VPS and grant the Provider access. These Terms apply equally in that scenario.
2.4 The Provider is not the infrastructure owner and does not act as an internet service provider or datacentre operator.
2.5 The Client agrees to:
- Keep all administrative credentials current and provide them to the Provider promptly upon request.
- Maintain any required licences for third‑party plugins, themes, or software that run on the site.
- Inform the Provider of any planned content or structural changes that could impact maintenance tasks.
Failure to meet these responsibilities may result in delayed service.
3. Backups & Data Protection
3.1 The Provider performs:
- incremental backups on a daily basis; and
- full backups on a weekly basis, with a limited number of backup copies retained.
3.2 Backups are stored on the VPS and on separate remote storage.
3.3 Backups are intended for disaster recovery only and are not a substitute for the Client’s own data retention obligations.
3.4 While reasonable care is taken, the Provider does not guarantee backup completeness, availability, or restoration success. Clients should retain their own independent backups for critical data.
4. Monitoring & Security
4.1 The Provider may configure basic uptime and security monitoring using third-party services.
4.2 Monitoring is provided for informational purposes only and does not constitute a security guarantee or intrusion prevention service.
4.3 If the Provider discovers a security breach, malware infection, or any unauthorized access that affects the Client’s site, the Provider will notify the Client in writing within 24 hours of discovery and will cooperate with the Client to mitigate the issue. This reporting obligation does not constitute a guarantee of prevention.
5. Excluded Services
5.1 The following are not included unless separately agreed:
- content updates or editorial changes
- new features or functionality
- design changes
- performance optimisation beyond routine maintenance
- third-party plugin, theme, or service re-engineering.
5.2 Bug fixes caused by third-party updates or services are not included, except for minor fixes that can reasonably be completed within routine maintenance time.
6. Support & Response Times
6.1 Support is provided via email at support@truthand.co.
6.2 The Provider aims to respond within 24 hours, but response times are not guaranteed.
6.3 Emergency support relating to server availability will be handled on a best-efforts basis.
7. No Service Guarantees
7.1 The Provider does not guarantee:
- uptime or availability
- zero data loss
- security incident prevention
- compatibility with all third-party updates or services
7.2 The Client acknowledges that managed services reduce risk but cannot eliminate it.
8. Fees & Billing
8.1 Services are provided on a prepaid monthly or annual basis, as selected by the Client.
8.2 Annual billing may be discounted.
8.3 Fees are payable in advance and are non-refundable except as required by law.
9. Term & Termination
9.1 These Maintenance Terms commence on the service start date and continue on a rolling basis for the selected billing period.
9.2 Either party may terminate the maintenance services for convenience by providing not less than thirty (30) days' written notice to the other party, including by email.
9.3 Either party may terminate these Maintenance Terms immediately if the other party commits a material breach and fails to remedy that breach within fourteen (14) days of written notice.
9.4 The Provider may suspend or terminate services for non-payment after reasonable notice.
9.5 Upon termination:
- services will cease at the end of any applicable notice period;
- fees already paid are non-refundable, except as required by law; and
- the Client will be provided a reasonable opportunity to retrieve site data prior to service removal.
10. Liability
10.1 Nothing in these Maintenance Terms limits liability for death or personal injury caused by negligence or any liability that cannot be excluded by law.
10.2 Subject to clause 10.1, the Provider’s total liability arising from maintenance services shall not exceed the fees paid in the preceding twelve (12) months.
10.3 The Provider is not liable for losses arising from:
- third-party infrastructure failure
- software vulnerabilities
- client-supplied code or content
- force majeure events
11. Confidentiality
11.1 Each party agrees to keep confidential any non-public, proprietary, or sensitive information received from the other party in connection with the maintenance services.
11.2 Confidential information may be disclosed where required by law or to the extent already lawfully in the public domain.
11.3 These confidentiality obligations survive termination of the maintenance services.
12. Client Indemnity
12.1 The Client warrants that all content, code, data, and materials provided to the Provider do not infringe the intellectual property or other rights of any third party.
12.2 The Client agrees to indemnify and hold harmless the Provider from any claims, losses, or damages arising out of:
- Client-supplied content or code, or
- the Client’s breach of clause 12.1.
13. Force Majeure
13.1 Neither party shall be liable for failure or delay in performance caused by events beyond their reasonable control, including but not limited to third-party infrastructure outages, acts of government, or natural disasters.
13.2 The affected party shall use reasonable efforts to resume performance as soon as practicable.
14. Governing Law
14.1 These Maintenance Terms are governed by the laws of England and Wales.
14.2 The courts of England and Wales have exclusive jurisdiction.
14.3 These Maintenance Terms, together with any Statement of Work or Professional Services Terms referenced herein, constitute the entire agreement between the parties concerning the subject matter. No amendment, modification, or waiver will be effective unless it is in writing and signed (or emailed with explicit acceptance) by both parties.