From
ScaleWP, LLC 6320 Brookside Plaza, STE #168
Kansas City, MO 64113
US
To
Post University
800 Country Club Road P.O. Box 2540
Waterbury, CT 06723
US
Date
February 5, 2020
Estimate Number
333
Expiration Date
October 6, 2020
Estimate Total
$2,140.00
  1. Task
    Rate
    Qty
    Amount

    ScaleWP Enterprise Hosting, Security & Support

    Estimated Cost – $2140/month

    This Hosting & Application Service Level Agreement (“Agreement”) is a contract between Post University (“Client”) and ScaleWP LLC  (“Company”) and applies to the Client’s use of the Company’s Services for the purpose of hosting, maintaining and support the Client’s WordPress application (“Application”). The Application collects data from web or mobile users (“Customers”) for the Client. The Company may amend this Agreement at any time by mutual agreement.

    Monthly Hosting & Security: $240/month

    The Company will provide the following services:

    • Fully redundant managed hosting on Digital Ocean backbone
    • Hosting optimized for WordPress performance and security
    • Backed up every 3 hours backups
    • Recovery services included
    • Includes staging environment for testing and development
    • Client Dashboard provides insights for uptime, reporting, backups, billing and support chat

    WordPress and Plugin Maintenance & Development: $700/month (7 hours @100/hour)

    Based on the post-launch activity, we’re recommending 7 monthly support hours to cover maintenance and general development requests. Reserved support hours are discounted 20% to $100/hour. Additional hours may be needed from time-to-time and these hours will be billed at the $100/hour and will be approved in advance. 

    This fee covers development requests as well as consulting, 1 planning call monthly, monthly WordPress (core/plugin/theme) maintenance updates, testing and revisions.

    The update process will be as follows:

    • The Company team will refresh the staging version of site from live to staging before any updates. 
    • The Company will perform all updates for WordPress core, plugins and custom code on the site. No edits or updates will be performed on the live site. 
    • The Client will provide a separate staging Zapier webhook for testing on the staging environment. 
    • Notifications: Company will email the Post team when updates and edits are ready for testing by Post on the staging environment.
    • Testing: Company will perform front-end testing of form changes, verification that PDFs are being written to the appropriate directory, and that all dynamic fields are functioning correctly. The Post Team will be responsible for testing the form dependencies to ensure that Zapier feeds are working, emails are being received with the two PDFs attached, and the CRM integration is working as expected.

    24/7 Uptime Monitoring and Critical Server or Server Health Issue Resolution: $1200/month 

    The Company will provide 24/7 critical uptime monitoring, notification, support and issue resolution. 

    Monitoring

    • Server Uptime Monitoring: The Company will ping the server on which the Application runs every 60 seconds. If a response is not received an alert will be generated and sent via the notification guidelines below. 
    • Other Notifications: The Company will send email alerts for other server health issues that may include, but not limited to, webstack health, disk health or bandwidth health. These signals for less critical server health markers include issues such as CPU usage, application memory issues, and RAM usage.
    • Notification Guidelines: The Client will be notified of any server uptime issue within 30 minutes of detection. Other server health notifications will be sent within 24 hours of detection via email. The Company will send summary and resolution updates via email. Notification methods and channels may change over time. The Client emails used for notification are as follows and can be modified from time to time (xxxx@post.edu). 

    Client Support Requests

    • If issues are detected by the Client’s staff, admins or users, then the designated Client application admin will login to the ScaleWP support console at https://app.ScaleWP.co for 24/7 chat support. Not all issues will be resolvable by chat support and some may be forwarded to the development team for resolution.

    Resolution

    • Critical Server Issue Resolution: For server uptime issues, the Company will begin work to resolve issues within 30 minutes of detection. In most cases, we should be able to resolve server issues within 1 hour of notification, but actual time to resolution may vary depending on the issue.
    • Server Health Issue Resolution: The Company will begin work to resolve server health  issues within 24 hours. 
    • Application Issue Resolution: The application has several custom features that may require advanced development support if errors arise. In the event that one of these features has errors, Concera will assign dedicated developers to start working on the issue within 24 hours. In most cases issues should be resolved within 48 hours but resolution times may vary depending on the complexity of the support issue. These features include, but are not limited to:
        • PDF Generation 
        • CSV posting for dynamic fields
        • Repository email delivery

    Third Party Dependencies.

    Third-party dependencies such as CRM and Zapier may experience issues beyond the Concera team’s ability to resolve. We will work with the Company team as needed to resolve these issues.

    Network Availability.

    Network availability is defined as the Company’s network’s ability to pass incoming and outgoing TCP/IP traffic. A server’s unavailability caused by network unavailability is not included in server uptime. Interruptions of service due to problems on the backbone or on the Client’s portion of the network are beyond the Company’s control and are not included in uptime calculations. Interruptions of service caused by denial of service or similar attacks are beyond the Company’s control and are not included in uptime calculations.

    The ScaleWP server backbone is provided by Digital Ocean. The service is also covered by Digital Ocean’s SLA available for download here: 

    https://www.digitalocean.com/docs/platform/droplet-policies/

    Scheduled Maintenance.

    To guarantee optimal performance of the servers, the Company will perform maintenance on the servers on a routine basis. Such maintenance often requires taking Company servers off-line. Company reserves one hour of server unavailability per month for maintenance purposes. This server unavailability is not included in server uptime calculations. The maintenance typically is performed during off-peak hours. Company will provide Client with advance notice of maintenance whenever possible.

    Ownership of Data.

    All data (a) created by Customers on the Client Application and/or (b) stored by Client within Company’s Applications and on the Company’s servers are Client’s property and is for Client’s exclusive use unless access to such data is permitted by Client. The Company shall allow access to such data by authorized Company personnel and shall provide access in compliance with the Company’s Privacy Policy.  The Company makes no claim of ownership of any web server content, e-mail content, or any other type of data contained within the Client’s server space and applications on the Company’s servers.

    Data Integrity.

    In the event of data corruption, hardware failure or other data loss, the Company will make efforts to restore lost or corrupted data from server backups. The Company shall not be responsible for lost data or site content. The Company recommends that Client maintain a local copy of all data uploaded or stored on the Company servers.

    Data Retention.

    Data collected by the Application shall be stored on Company’s servers in the database, as PDF files and as CSV files. Data will be removed from the server on the following schedules and methods:

    1. Records in the database shall be deleted 365 days after creation by a chron process created by Company.
    2. PDF and CSV files shall be deleted from Company servers by a process created by Client. Deletion of files will occur within 60 seconds or less of successful transfer of the files to Client’s CRM.

    Backups of the application will be stored for 30 days, after which they will be deleted. Backups may contain data extending beyond the 30 days stored in the live site’s database but are not guaranteed to be accurate. 

    THE COMPANY SHALL NOT RETAIN ANY OF CUSTOMER’S DATA AFTER ACCOUNT TERMINATION. ALL DATA IS DELETED (A) FROM THE SERVERS AT THE TIME THE ACCOUNT IS TERMINATED AND (B) FROM BACK-UPS DURING SCHEDULED BACK-UP ROTATION. THE COMPANY SHALL NOT RESTORE, “BURN” TO CD, OR SEND OUT ANY DATA PERTAINING TO TERMINATED ACCOUNTS.

    Limitation of Liability.

    YOU AGREE THAT THE SOFTWARE AND SERVICES ARE PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, AND TITLE. YOU AGREE THAT COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE SERVICES OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SOFTWARE OR SERVICES IS AT YOUR SOLE RISK AND THAT COMPANY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SOFTWARE OR SERVICES OR $1,000, WHICHEVER IS LESS.

    Miscellaneous.

    This Agreement shall not establish a joint venture or partnership, and neither party may bind the other without the advance written consent of the other party. 

    Publicity. The parties will cooperate to create public announcements relating to the relationships set forth in this Agreement. Neither party shall make any public announcement regarding the existence of this Agreement without the other partyʼs prior written approval.

    Mutual Indemnification. Client will indemnify CM for all claims against CM arising out of activities of Clientsʼ employees and contractors. CM will indemnify Client for all claims against Client and arising out of activities of the employees and contractors of CM. The indemnifying party shall have the right to control the defense, and then indemnified party shall provide reasonable cooperation for such defense. 

    “Indemnify” means to pay or reimburse for all damage, loss, cost and expense (including reasonable attorney fees).

    Assignment. Neither party may assign this Agreement or delegate their duties without the advance written consent of the other party. No change or modification to this Agreement shall be effective unless signed by the parties. This Agreement constitutes the entire agreement between the parties.

    Force Majeure. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this agreement where such delay or failure of its performance under this agreement arises by reason of any Act of God, or any government or any governmental body, acts of war, the elements, strikes or labor disputes, or other cause beyond the reasonable control of CM.

    Governing Law. This agreement shall be governed by the laws of the State of Missouri as to all matters including, without limitation, matters of validity, construction, effect and performance.

    Confidentiality. Neither party shall disclose to any third party the Confidential Information of the other party and shall not use any such Confidential Information for any purpose other than the purpose for which it was originally disclosed to the receiving party. Confidential Information means any information of a party disclosed to the other party, which is identified as, or should be reasonably understood to be, confidential to the disclosing party.

    Consent. Any consent to be given under this Agreement will not be unreasonably withheld or delayed.

    Notices. For purposes of this agreement, notices or correspondence sent via email to scott@conceramedia.com shall meet the written notice requirements. Notices, correspondence or payments may be mailed to: 

    ScaleWP LLC, 6320 Brookside Plaza STE#168, Kansas City, MO 64113

    $2,140
    1
    $2,140
Subtotal $2,140.00
Total $2,140.00

Notes

Thank you; we really appreciate your business.

Terms

We do expect payment within 21 days, so please process this invoice within that time. There will be a 1.5% interest charge per month on late invoices.

Status Update
February 5, 2020 @ 3:35 pm

Status changed: Draft to Pending.

Updated
February 5, 2020 @ 3:35 pm

Estimate updated by Hello.

Updated
May 27, 2020 @ 2:11 pm

Estimate updated by Hello.

Updated
June 4, 2020 @ 1:18 pm

Estimate updated by Hello.

Updated
June 4, 2020 @ 1:19 pm

Estimate updated by Hello.