Website Care Plan Service Agreement

Last updated: October 13, 2025

This Website Care Plan Service Agreement (“Agreement”) outlines the terms and conditions under which 10960039 Canada Inc., operating as BAOB.ca (the “Service Provider”), provides managed WordPress website maintenance and hosting services to the Client (the “Service Receiver”).

1. Term, Acceptance, and Renewal

1.1. Acceptance: This Agreement becomes legally effective upon the Service Receiver executing the Pre-Launch Sign Off Agreement and making payment for the initial annual invoice. This Agreement supersedes any prior understanding or communication relating to the subject matter herein.

1.2. Term: The service is provided on an annual subscription term, billed annually in advance.

1.3. Automatic Renewal: The subscription will automatically renew for subsequent one-year terms on the anniversary date unless the Service Receiver provides written notice of non-renewal at least thirty (30) days prior to the next renewal date. Failure to provide timely notice will result in the automatic renewal and full payment obligation for the subsequent annual term.

2. Financial Terms, Cancellation, and Refunds

2.1. Pricing: The Service Receiver agrees to pay the annual fee corresponding to the selected plan (Core CARE: CA$1,500 or VIP CARE: CA$3,750) as specified on the current invoice.

2.2. No Refunds: All annual subscription fees are non-refundable upon payment or the commencement of the service term, regardless of the Service Receiver’s choice to terminate or transition the service mid-term. The fee covers annual licensing costs, prepaid hosting, and resource allocation.

2.3. Cancellation: A request for cancellation will not result in a refund for the current prepaid term. Services will continue until the end of the paid annual term, at which point the subscription will not be renewed.

2.4. Taxes (Canadian Clients Only): All listed prices exclude applicable Canadian taxes (GST/HST). Services supplied to non-resident clients are generally exempt from Canadian sales tax. Services billed to Canadian-based businesses are subject to the applicable GST or HST based on the province of operation.

3. Scope of Service and Inclusions

3.1. Service Delivery: The Service Provider agrees to deliver the services corresponding to the selected plan (Core CARE or VIP CARE) as described in the Pre-Launch Sign Off Agreement.

3.2. Premium Tools: The Service Provider bundles and maintains the necessary annual licensing for premium tools, including, but not limited to, Kinsta Hosting, Termageddon, Rank Math Pro, Fathom Analytics, and GeneratePress Premium.

3.3. Exclusions from Scope: The following are not included in the Core or VIP CARE scope: major redesigns, significant custom feature development, migration to a non-Kinsta host (see Section 5), and content creation (outside of the 12 Web Dev Hours for VIP CARE).

3.4. VIP CARE Specifics: * Web Dev Hours: The VIP CARE plan includes a guaranteed pool of 12 Web Dev Hours annually for content updates, feature tweaks, and simple SEO. Unused hours do not roll over. * Exclusivity: The non-compete clause as outlined in the Pre-Launch Sign Off Agreement is specifically tied to the active VIP CARE subscription.

4. Technical Liability and Warranty

4.1. Lifetime Website Warranty: The Service Provider provides a Lifetime Website Warranty covering bugs, errors, or malfunctions caused by the initial development or subsequent maintenance work performed by the Service Provider.

4.2. Administrator Exclusivity (Sole Condition for Warranty): * The Lifetime Website Warranty is immediately and permanently forfeited if a new user is added to the WordPress site with Administrator privileges, regardless of who created the account. * The Service Provider (Jef van de Graaf) must remain the sole user with Administrator access to the WordPress site. * Requests to add users for non-technical tasks (e.g., Editor, Author) must be submitted to and fulfilled by the Service Provider.

4.3. Warranty Limitations: The warranty only applies to devices and web browser versions available at the time of the website launch. Issues arising from future web browser or device requirements, or third-party code not installed by the Service Provider, are not covered.

5. Migration and Service Transition

5.1. Transfer-Out: If the Service Receiver wishes to terminate the agreement and transition to self-management, the site can be transferred to the Service Receiver’s own Kinsta account for a fee of $0.

5.2. Migration to Non-Kinsta Host: If the Service Receiver requires assistance from the Service Provider to transfer the site to a non-Kinsta hosting provider, a Migration Fee (starting at CA$375) will apply.

6. Legal Compliance and Indemnification

6.1. Legal Policies Responsibility: The Service Provider is not an attorney. While the Termageddon license and technical installation are included in the Care Plans, the Service Receiver is solely responsible for customizing the policies within Termageddon and ensuring their content meets all applicable legal standards and requirements (e.g., GDPR, CCPA).

6.2. Indemnification: The Service Receiver agrees to indemnify and hold harmless the Service Provider from any liability, damages, or costs (including attorney’s fees) arising from the Service Receiver’s failure to maintain legally compliant website policies, or from any breach of this Agreement, including the forfeiture of the Lifetime Website Warranty.