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:
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:
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.
Client Support Requests
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 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:
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.
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 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:
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.
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 [email protected] 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
Thank you; we really appreciate your business.
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.
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