VPS Management & Site Maintenance Terms

These VPS Management & Site Maintenance Terms ("Maintenance Terms") apply to ongoing infrastructure management and website maintenance services provided by Andrej Presern, trading as Truth & Co ("Provider", "I", "me") to the client ("Client").

These Maintenance Terms apply in addition to, and separate 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.

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.

3. Backups & Data Protection

3.1 The Provider performs:

incremental backups on a weekly basis; and
full backups on a monthly 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.

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.

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 one to two business days, 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 & Cancellation

9.1 Services continue on a rolling basis for the selected billing period.

9.2 Cancellation takes effect at the end of the current billing period.

9.3 Clients may cancel within 14 days of the first payment for a full refund.

10. Non-Payment & Suspension

10.1 The Provider may suspend or terminate services for non-payment after reasonable notice.

10.2 In the event of termination, the Provider will provide the Client with a reasonable opportunity to retrieve site data before service removal.

11. Liability

11.1 Nothing in these Maintenance Terms limits liability for death or personal injury caused by negligence or any liability that cannot be excluded by law.

11.2 Subject to clause 11.1, the Provider’s total liability arising from maintenance services shall not exceed the fees paid in the preceding twelve (12) months.

11.3 The Provider is not liable for losses arising from:

third-party infrastructure failure
software vulnerabilities
client-supplied code or content
force majeure events

12. Governing Law

12.1 These Maintenance Terms are governed by the laws of England and Wales.

12.2 The courts of England and Wales have exclusive jurisdiction.

Last updated: 19 December 2025