TERMS OF USE / SERVICE LEVEL AGREEMENT

The undersigned parties covenant and agree to the following:

1.    Agreement Overview

This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between Dot Kom Consulting (“Provider”) and  (“Customer”) to furnish internet marketing services required to support and sustain the Customer’s products(s) and/or service(s).

This Agreement remains valid until superseded by a revised agreement mutually endorsed by the parties, or upon termination as stated below.

This Agreement outlines the parameters of all Internet Marketing services covered as they are mutually understood by the parties to this Agreement. This Agreement does not supersede current processes and procedures unless explicitly stated herein.

2.    Goals & Objectives

The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent internet marketing service support and delivery to the Customer by the Provider.

The goal of this Agreement is to obtain a mutual agreement for internet marketing services to be furnished by the Provider to the Customer.

The objectives of this Agreement are to:

  • Provide clear reference to service ownership, accountability, roles and/or responsibilities.
  • Present a clear, concise and measurable description of the service provided to the customer.
  • Match perceptions of expected service provided with actual service support & delivery.

3.    The Parties

The Customer and the Provider are the essential Parties to this Agreement and may collectively be referred to as “the Parties” herein.

4.    Effective Date and Modification of Agreement

This Agreement is valid from the date of acceptance identified by clicking submit button until further notice or until the Agreement is terminated as stated below.

The contents of this document may be amended as required, provided a mutual agreement is obtained from the Parties in writing and communicated to all affected individuals or business entities. The Provider will incorporate all subsequent modifications of this contract into the Agreement.

5.    Service Agreement

The following detailed service parameters are the responsibility of the Provider under the terms and conditions of this Agreement.

5.1. Service Scope

The following SEO Services are covered by this Agreement;

  • Website development/creation
  • Website maintenance, ongoing updates and changes, unlimited
  • Reputation Monitoring
  • Social Media Creation and Management
  • Website Promotion (SEO, search engine optimization)
  • Directory/Profile Building and Management
  • Blog Creation & Management
  • Social Bookmarking
  • Search Engine Submissions
  • Creation & Management of YouTube Videos
  • Creation & Management of craigslist posts

The following Social Media (only) Services are covered by this Agreement;

  • Facebook Profile creation, management and curation of 2 posts per week
  • Twitter profile creation, management and curation of 1 tweet per week
  • Instagram profile creation, management and curation of 1 photo post per week

The following PPC Services are covered by this Agreement;

  • Pay per click account created and maintained, any platform ie. Google Adwords, Facebook Ads etc..

5.2. Customer Requirements

Customer responsibilities and/or requirements in support of this Agreement include:

  • Timely Payment for all support costs and monthly fees at the agreed time. Billing cycles are the 1st and 15th of the month, payment is due within 5 days of due date. A $20 per day late fee will be applied for payments received after the 5th
  • Reasonable availability to a representative of the Provider when resolving a service related incident or request.

5.3. Provider Requirements

Provider responsibilities and/or requirements in support of this Agreement include:

  • Meeting response times associated with service related incidents.
  • Appropriate notification to Customer for all scheduled maintenance.
  • Performance of the services outlined in 5.1 above.

5.4. Service Assumptions

Assumptions related to agreed upon services and/or components include:

  • The provision of or changes to services will be communicated and documented by the Parties to this Agreement.

6.    Service Management

Effective support for agreed upon services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring of in-scope services and related components.

6.1.  Service Availability

Coverage parameters specific to the service(s) covered in this Agreement are as follows:

  • Telephone support : 9:00 A.M. to 5:00 P.M. Monday – Friday
    • Calls received out of office hours will be forwarded to a mobile phone and best efforts will be made to answer/address the call, however no action can be guaranteed until the next working day
  • Email support: Monitored 9:00 A.M. to 5:00 P.M. Monday – Friday
    • Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day
  • Onsite assistance if needed, guaranteed within 72 hours during the business week for local clients

6.2. Service Requests

In support of services outlined in this Agreement, the Provider will respond to service related incidents and/or requests submitted by the Customer within the following time frames:

  • 0-8 hours (during business hours) for issues classified jointly as High priority by the Parties.
  • Within 48 hours for issues classified jointly as Medium priority by the Parties.
  • Within 5 working days for issues classified jointly as Low priority by the Parties.

Remote assistance will be provided in accordance with the above timeframes dependent on the priority of the support request.

7.    Terms of Payment

7.1. Monthly Obligation

For services rendered under this Agreement, Customer agrees to pay Provider the sum of $(outlined at the bottom with submit button) per month, payable upon submission of this form and the next billing cycle date each month, ie. If it is after the 1st, the cycle will be the 15th, after the 15th the cycle will be the 1st of each month until terminated pursuant to the provisions of this Agreement.  Upon a termination of the Agreement for any reason whatsoever, the Parties shall enter into a new Agreement to renew a business relationship.  The Provider shall not be bound by the terms of the previous Agreement and may receive as compensation such sums as the Parties agree to in writing.

7.2   Late Fees

Invoices for paper billing will be sent within 5 days of due date via email. Checks in the mail are due within 5 days of due date. Digital invoices for credit card billing are sent on due date and electronic payment is due within 5 days of receipt. A late fee may be assessed at $20 per day for each day payment is late.

8. Obligations of Customer

8.1 Cooperation of Customer

Customer agrees to comply with all reasonable requests of Provider and provide access to all information reasonably necessary to the performance of Provider’s duties under this Agreement.

8.2 Assignment by the Parties

Neither this Agreement nor any duties or obligations under this Agreement, may be assigned by the Customer or the Provider without the written consent of the other Party.

9. Termination of Agreement

9.1. Termination Upon Notice

Notwithstanding any other provision of this Agreement, either party may terminate this Agreement at any time by giving thirty days written notice to the other party. Customer agrees to notify Dot Kom via email at kristina@dotkomconsulting.com intent to terminate services. Service must be terminated before the next billing cycle begins. Services will continue through the end of the current billing cycle.

9.2. Termination on Occurrence of Stated Events

This Agreement shall terminate automatically on the occurrence of any of the following events:

  • Bankruptcy or insolvency of the Customer.
  • Sale of the business of the Customer.
  • Death or dissolution of the Customer.
  • Assignment of this Agreement by either Party without the written consent of the other Party to this Agreement.

9.3. Termination by Provider for Default of Customer

If Customer defaults in the performance of this Agreement or materially breaches any of its provisions, Provider, at Provider’s option, may terminate this Agreement by giving written notification to Customer.

9.4. Termination for Failure to Make Payments

If Customer fails to pay Provider all or any part of the compensation set forth in Article 7 of this Agreement on the date due, Provider, at Provider’s option, may terminate this Agreement if the failure is not remedied by Customer within fifteen days after notice from Provider that payment is overdue.

10. Obligations of Provider

10.1. Limited Liability.

Provider will not be liable to Customer, or to anyone who may claim any right due to a relationship with Customer, for any acts or omissions in the performance of services under this Agreement or on the part of the employees or agents of Provider unless the acts or omissions are due to willful misconduct.  Customer will indemnify and hold Provider free and harmless from any obligations, costs, claims, judgments, and attorneys’ fees, and attachments arising from, growing out of, or in any way connected with the services rendered to Customer under this Agreement, unless Provider is judged by a court of competent jurisdiction to be guilty of willful misconduct.

General Provisions

10.1. Any notices to be given under this Agreement by either party to the other may be effected either by personal delivery in writing or by registered or certified mail, with postage prepaid and return receipt requested. Mailed notices shall be addressed to the Parties at their last known addresses.  However, each party may change the address for receipt of notice by giving written notice in accordance with this paragraph.

10.2. Entire Agreement of the Parties.

This Agreement supersedes any and all agreements, both oral and written, between the parties with respect to the rendering of services by Provider for the Customer and contains all of the covenants and agreements between the parties with respect to the rendering of these services in any manner whatsoever.  Each party acknowledges that no representations, inducements, promises, or agreements, written or oral, have been made by either party, or by anyone acting on behalf of either party, that are not embodied in this Agreement.

10.3. Partial Invalidity

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

10.4.Attorneys’ Fees

If any action of law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled.  The attorneys’ fees may be set by the court in the same action or in a separate action brought for that purpose.

10.5. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the State of Florida.

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