Service Level Agreement
1.DEFINITIONS
1.1 Hosting Provider Company refers to the specialist companies, such as Bigrock, Dreamhost, Godaddy from whom Seven Boats Info-System Pvt. Ltd. contract their Dedicated/Virtual Web Servers.
1.2 A Project can be a website, database system, search engine optimisation work, or any other service provided by SEVEN BOATS INFO-SYSTEM PVT. LTD. to the Customer.
1.3 “Frustrates” is a term used to describe were one party to a contract acts in a way so as to make it unrealistic for the other party to carry out their part of the contract. .
1.4 The word “contract” as it appears in these terms and conditions shall mean the contract between Seven Boats Info-System Pvt. Ltd. and the Customer, which will be based on the terms and conditions contained within this Service Level Agreement.
2. ABBREVIATIONS
2.1 SEVEN BOATS INFO-SYSTEM PVT. LTD. stands for Seven Boats Info-System Pvt. Ltd.
2.2 SLA stands for Service Level Contract.
2.3 ISP stands for Internet Service Provider.
2.4 HPC stands for Hosting Provider Company.
3. CONTRACT
3.1 The terms and conditions contained in this SLA apply to all SEVEN BOATS INFO-SYSTEM PVT. LTD. Customers unless agreed in writing to the contrary. No other contract terms and conditions shall apply unless specifically agreed in writing between Seven Boats Info-System Pvt. Ltd. and the Customer. In the event of any ambiguity between these terms and conditions and any terms agreed in writing between Seven Boats Info-System Pvt. Ltd. and the Customer then these terms and conditions will apply.
4. ESTIMATES
4.1 SEVEN BOATS INFO-SYSTEM PVT. LTD. will provide customers with initial estimates for projects on request. The final project sum may vary from the initial estimate. An estimate as opposed to fixed price quotation is useful when the actual project sum cannot be reasonably or accurately ascertained at the onset.
4.2 Work carried out against estimates will be charged in accordance with clause 8.
4.3 SEVEN BOATS INFO-SYSTEM PVT. LTD. will provide estimates in writing by email to customers, which will include a hyperlink to this SLA. Acceptance by a customer of an SEVEN BOATS INFO-SYSTEM PVT. LTD. estimate is subject to acceptance of the terms and conditions in this SLA, unless specifically agreed in writing between the Customer and SEVEN BOATS INFO-SYSTEM PVT. LTD. to the contrary.
5. FIXED PRICE QUOTATIONS
5.1 Whenever possible SEVEN BOATS INFO-SYSTEM PVT. LTD. will provide customers with a fixed price quotation and detailed specification for a project.
5.2 Items omitted or added to the specification that accompanies a fixed price quotation will be treated as variations in accordance with clause 6.
5.3 SEVEN BOATS INFO-SYSTEM PVT. LTD. will provide quotations in writing by email to customers, which will include a hyperlink to this SLA. Acceptance by a customer of an SEVEN BOATS INFO-SYSTEM PVT. LTD. quotation is subject to acceptance of the terms and conditions in this SLA, unless specifically agreed in writing between the Customer and SEVEN BOATS INFO-SYSTEM PVT. LTD. to the contrary.
6. VARIATIONS
6.1 The value of work included in a fixed price quotation specification that is omitted will be valued and deducted from the final project sum.
6.2 Work that is in addition to that detailed in a fixed price quotation specification will be valued and added to the final project sum.
7. COPYRIGHT
7.1 The source code of all website web pages remains the intellectual property of SEVEN BOATS INFO-SYSTEM PVT. LTD. and may not be copied and used by any other party without the consent of SEVEN BOATS INFO-SYSTEM PVT. LTD..
7.2 All scripts, css and include files used within customer websites remains the intellectual property of SEVEN BOATS INFO-SYSTEM PVT. LTD. and may not be copied and used by any other party without the consent of SEVEN BOATS INFO-SYSTEM PVT. LTD..
7.3 The stored procedures, functions and triggers programmed in to SQL Databases remain the intellectual property of SEVEN BOATS INFO-SYSTEM PVT. LTD. and and may not be copied and used by any other party without the consent of SEVEN BOATS INFO-SYSTEM PVT. LTD..
7.4 All customer logo images, images unique to the customer, i.e. of their premises, work force and their business, plus all written copy, belong to the customer and are covered under their copyright. SEVEN BOATS INFO-SYSTEM PVT. LTD. except in discrete cases of using them for their marketing/promotional purpose, will not re-use customer written content or images without the express permission of the customer .
8. HOURLY RATE CHARGES
8.1 SEVEN BOATS INFO-SYSTEM PVT. LTD. will charge for services provided that are not included in any quotation or under the terms of clause (9), Hosting. The amount charged will be based on SEVEN BOATS INFO-SYSTEM PVT. LTD.’s standard hourly rate or Flat/Mutually Discussed Rate, unless a different hourly rate has otherwise been agreed in writing.
8.2 SEVEN BOATS INFO-SYSTEM PVT. LTD. will review and may increase their standard hourly rate on an annual basis.
8.2 There will be a minimum charge of 15 minutes.
9. HOSTING
9.1 SEVEN BOATS INFO-SYSTEM PVT. LTD. use high performance web servers hosted by first class HPC’s.
9.2 Our server has up to unlimited bandwidth and an uptime performance of over 99.9%.
9.3 SEVEN BOATS INFO-SYSTEM PVT. LTD. will quote a separate annual price for the hosting and associated technical support for customer websites.
9.4 SEVEN BOATS INFO-SYSTEM PVT. LTD. will use their best endeavours, in conjunction with the HPC, to rectify the cause of any disruption in the hosting service of a customer’s website(s) and to minimise the duration of any such instances.
9.5 SEVEN BOATS INFO-SYSTEM PVT. LTD. will not be liable to the Customer for any compensation in respect of any down-time that may occur with the hosting of their website(s).
9.6 SEVEN BOATS INFO-SYSTEM PVT. LTD. with additional charges will keep a separate local backup of all customer website files & databases and in the unlikely event of a hard drive failure or other technical failure with the dedicated web server will re-setup the website as quick as possible on a new or repaired web server. The charges will be decided on the basis of website file size/backup size.
9.7 All SQL Server databases used for customer websites are regularly backed up by server and in the unlikely event of hard drive or other technical failure with the dedicated web server will be restored and re-connected to customer website(s).
9.8 With regard to any images or download files uploaded to a customer’s website by a customer it is the responsibility of the customer to retain a copy of these on their local PC/LAN. In the unlikely event of hard drive failure or other technical failure with the dedicated web server it will be the responsibility of the Customer to re-upload these files.
9.9 SEVEN BOATS INFO-SYSTEM PVT. LTD. utilise various backup processes on their dedicated servers for all website folders and files and may, therefore, be able to avoid customers having to re-upload files in accordance with clause 9.8. This is not guaranteed by SEVEN BOATS INFO-SYSTEM PVT. LTD. so customers should observe and be prepared, in the unlikely event, to comply with clause 9.8.
9.10 In the event that a customer wishes to move their website and/or SQL Server Database to another web server supported by another party, then Seven Boats Info-System Pvt. Ltd. will cooperate fully, subject to all outstanding amounts being paid up in full, in advance, along with a negotiated fee to purchase the intellectual copyright of the source code etc detailed in clause 7.
9.11 The option described under clause 9.10 is not available to customer websites that are linked to a shared SQL Server database. In this situation customers can pay for their website data to be exported to a standalone SQL Server database, which can then be relocated.
9.12 In the event that the Customer requires assistance with remedying a situation with their website that is not a technical fault caused by SEVEN BOATS INFO-SYSTEM PVT. LTD. or the HPC the time expended by SEVEN BOATS INFO-SYSTEM PVT. LTD. will be charged to the Customer in accordance with clause 8.
9.13 SEVEN BOATS INFO-SYSTEM PVT. LTD. will invoice for Hosting on an annual basis, yearly in advance. Invoices will be raised approximately 15 days prior to the commencement date. Intimation can be via email, call, whatsapp.
9.14. SEVEN BOATS INFO-SYSTEM PVT. LTD. will not be liable for any data loss for suspension or termination of account due to non payment from client’s end. Clients should take note of domain & hosting renewal dates at their end too.
9.15. SEVEN BOATS INFO-SYSTEM PVT. LTD. in case of a non-payment of hosting server, will keep a backup for 90 days on it’s server. After 90 days, SEVEN BOATS INFO-SYSTEM PVT. LTD. will not be liable for any data loss or erasing of the hosting data. For domain renewal, after 30 days of expiry, SEVEN BOATS INFO-SYSTEM PVT. LTD. will not be liable for renewing it.
10. EMAIL
10.1 SEVEN BOATS INFO-SYSTEM PVT. LTD. will setup customer’s email with email service providers and charge a fixed amount for doing this.
10.2 SEVEN BOATS INFO-SYSTEM PVT. LTD. will pay the mail service provider annual subscription costs for each mailbox and invoice the customer a fixed amount for each mailbox annually.
10.3 SEVEN BOATS INFO-SYSTEM PVT. LTD. is excluded from any liability to the Customer for any interruption or termination in the email service.
10.4 SEVEN BOATS INFO-SYSTEM PVT. LTD. will troubleshoot any problems reported by the Customer with their email. If the problem is due to an omission by SEVEN BOATS INFO-SYSTEM PVT. LTD. then no charge will be made to the Customer. If the problem is not due to an omission by SEVEN BOATS INFO-SYSTEM PVT. LTD. then the Customer will be charged in accordance clause (8), SEVEN BOATS INFO-SYSTEM PVT. LTD. Hourly Rate Charges.
11. WEBSITE SERVICES
11.1 SEVEN BOATS INFO-SYSTEM PVT. LTD. will offer to customers third party services such as those offered by Google to enhance the performance of their websites. SEVEN BOATS INFO-SYSTEM PVT. LTD. may include in quotations the setup and maintenance of such third party services. SEVEN BOATS INFO-SYSTEM PVT. LTD. will not be liable to the customer for any interruption, non-performance, or cancellation of the provision by third parties of any such services.
12. SEARCH ENGINES RANKINGS / NO. OF LEADS / OTHER KPIs
12.1 SEVEN BOATS INFO-SYSTEM PVT. LTD. is expert at full stack digital marketing and designing websites to perform well with the search engines and will liaise with customers with their full capability in trying to achieve high rankings for the appropriate keyword phrases as well as better branding of the business and acquiring more leads and meeting other KPIs.
12.2 SEVEN BOATS INFO-SYSTEM PVT. LTD. accepts no or limited responsibility or offers no guarantee or accepts no/limited liability to the customer for “the actual rankings achieved or how such rankings may vary over time” or “actual exact no. of leads generated or meeting other KPIs” since the process depends on various parameters which are not directly in control and it differs from business to business and also depends on project tenure.
13. INVOICING & PAYMENT
13.1 SEVEN BOATS INFO-SYSTEM PVT. LTD. standard payment terms are 14 days from the date of invoice.
13.2 SEVEN BOATS INFO-SYSTEM PVT. LTD. will specify within estimates or quotes how a project will be invoiced. Large projects may be split in to a number of monthly interim invoices plus a final invoice on completion.
13.3 Retainership monthly digital marketing fees, yearly domain & hosting fees will be charged in advance.
14. PERFORMANCE
14.1 SEVEN BOATS INFO-SYSTEM PVT. LTD. will ensure that the specification quoted for to the customer works as intended. In the event that the customer reports that some part of the specification is not functioning correctly then SEVEN BOATS INFO-SYSTEM PVT. LTD. will investigate this and take corrective action, which will be at no expense to the customer.
14.2 In the event that the customer reports an issue which is related to a matter that falls outside of the project specification then SEVEN BOATS INFO-SYSTEM PVT. LTD. will investigate this and email the customer a report and ,if appropriate, a price to carry out the extra work involved to resolve the issue.
15. DAMAGES
15.1 Unless expressly agreed in writing to the contrary SEVEN BOATS INFO-SYSTEM PVT. LTD. does not have any liability to the customer for any delays in completing a project.
15.2 SEVEN BOATS INFO-SYSTEM PVT. LTD. does not have any liability to the customer for the performance of a website, database or any other entity/service developed/setup for the client.
16. TERMINATION
16.1 In the event that the customer does not pay an invoice within 30 days of the due date, i.e. within 44 days of the date of the invoice, then SEVEN BOATS INFO-SYSTEM PVT. LTD. has the right to suspend all further works for that customer until such time as payment is made in full.
16.2 In the event that the Customer does not pay an email subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then SEVEN BOATS INFO-SYSTEM PVT. LTD. reserve the right to turn off any email services until such time as the invoice is paid in full.
16.3 In the event that the Customer does not pay a hosting subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then SEVEN BOATS INFO-SYSTEM PVT. LTD. reserve the right to turn off any website hosting until such time as the invoice is paid in full.
16.4 In the event that the customer becomes insolvent or goes in to liquidation SEVEN BOATS INFO-SYSTEM PVT. LTD. has the right to immediately terminate their contract with the Customer and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.
16.5 In the event that a customer “frustrates” the progress of a project contract with SEVEN BOATS INFO-SYSTEM PVT. LTD. then SEVEN BOATS INFO-SYSTEM PVT. LTD. will be entitled to give 14 days written notice to the customer of the contract being terminated. If the customer does not satisfactorily remedy the cause(s) of the frustration, within the 14 day notice period, then SEVEN BOATS INFO-SYSTEM PVT. LTD. will have the right to terminate the contract. SEVEN BOATS INFO-SYSTEM PVT. LTD. will invoice the Customer for the full value of works carried out to-date.
17. For the purposes of receiving professional SEO, SMM services or other services, Client agrees to provide the following:
• Administrative/backend access to the website for analysis of content and structure.
• Permission to make changes for the purpose of optimization, and to communicate directly with any third parties, e.g., our web designer, if necessary.
• Unlimited access to existing website traffic statistics for analysis and tracking purposes.
• An email address for the purposes of requesting
• Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by (Seven Boats Info-System Pvt. Ltd) for search engine optimization purposes.
• If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. (Seven Boats Info-System Pvt. Ltd) can create site content at additional cost to the Client if it’s beyond scope
Seven Boats Info-System cannot be on the clients’ premises daily, or know information that is going on within the company that is new, interesting or relevant to post within the client’s social graph. Therefore the client agrees to:
1) Email Seven Boats Info-System with this information as soon as possible.
2) Email photos of specific client events, etc.
3) Email videos of specific client events, etc.
18. Client must acknowledge the following with respect to SEO /SMM services:
• All fees are non-refundable except described in our refund policy.
• All fees, services, documents, recommendations, and reports are confidential.
• (Seven Boats Info-System Pvt. Ltd) has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
• Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, (Seven Boats Info-System Pvt. Ltd) does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term but guarantees gradual improvement in ranking and traffic for the whole site. However, if (Seven Boats Info-System Pvt. Ltd) fails to increase ranking of the site in the specified time line mentioned in proposal, (Seven Boats Info-System Pvt. Ltd) will continue SEO services at no added cost to the Client until the progress is seen. For any other services apart from SEO/Keyword ranking, such as link submission or design/development work or content writing, the price is charged on effort and time basis and after successful completion Seven Boats is no way responsible for further analysis without charging price. Additional requirement would be taken care of at additional price depending on the complexity.
• Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than “15-30 days or sometimes 2/3 months in severe cases” amount of time. This is referred to as the “Google Sandbox.” (Seven Boats Info-System Pvt. Ltd) assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
• Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, (Seven Boats Info-System Pvt. Ltd) will re-optimize the website/page based on the current policies of the search engine in question.
• Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees. (Seven Boats Info-System Pvt. Ltd) can offer a list of expedited listing services upon request.
• Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. (Seven Boats Info-System Pvt. Ltd) does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
. (Seven Boats Info-System Pvt. Ltd) is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
. Additional Services not listed herein, will be provided for an extra fee which can be discussed and further decided between both parties.
. The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to (Seven Boats Info-System Pvt. Ltd) for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend (Seven Boats Info-System Pvt. Ltd) and its subcontractors from any liability or suit arising from the use of such elements.
. (Seven Boats Info-System Pvt. Ltd) is not responsible for the Client overwriting SEO work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content. Notwithstanding any other provision of this Agreement, (Seven Boats Info-System Pvt. Ltd’s) obligation to provide free SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the client’s webmaster uploads content without consulting (Seven Boats Info-System Pvt. Ltd), then (Seven Boats Info-System Pvt. Ltd’s) obligation to provide SEO services for free shall terminate.
19. Venue and Dispute Resolution: In case of any dispute or problem, we first and foremost give priority to the mutual discussions and agreed solution for the same. We work on client relationship and in a win-win manner for both the parties. In case of legal matter, This Agreement is made under and shall be construed according to the laws of India and in the event that this agreement is breached, any and all disputes must be settled in a court of competent jurisdiction in Kolkata, in the State of India.
20. By accepting this SLA policy, you are also agreeing to our Terms of Service
