The “Client,” is enrolling in Hot Dog Marketing’s Small Business Website + Hosting & Maintenance Plan, the “Plan.” The purpose of this document is to establish an understanding between the Client and Hot Dog Marketing as to what the the Plan covers and what is considered to be out-of-scope.
This Service Level Agreement specifically describes the Hosting & Maintenance services provided by Hot Dog Marketing.
The below items are considered to be inclusive of the monthly plan.
Premiere, private hosting of Client’s website is provided on Hot Dog Marketing’s dedicated WP-Engine server. The Plan includes 30 Days of Back-Ups, 99% uptime, and 24/7 emergency service.
The Plan includes monthly pro-active updates to the backend of your WordPress site including: plugin updates, theme updates, and WordPress platform updates.
The Plan includes 1-hour of small website change requests per month. Examples include:
- Updates to written or visual content (must be provided by Client)
- Adding or removing an employee from the site
- Adding an Event, Blog, or News Article
- Updating Social Media links
- A technical issue related to the website’s current functionality
Unused hours are not rolled into the following month and the Plan’s hours may not be used toward other projects.
Out-of-Scope of the Hosting and Maintenance Plan
Examples of changes that are outside the scope of the Plan include:
- Work requiring a page redesign
- The creation of new written or visual content
- New website functionality
Out-of-scope items will be quoted as a separate project. Requests requiring more than the allotted monthly time will also be quoted as an additional cost.
Hot Dog Marketing Responsibilities
Tickets created using our ticket system and tickets created from email communication are addressed in the order they are received. Your tickets will receive a response from our team within two (2) business days. Your tickets will be resolved 5-10 business days on average. The amount of time to resolve a ticket depends on the number of requests in queue at any given time. Tickets will be assumed low/medium priority if not marked high priority.
Definition of a High Priority Tickets – Hot Dog Marketing considers website function failure, security threats and server issues high priority. Content updates and small changes should be submitted as low or medium priority with enough time to account for our resolution turnaround time.
Client responsibilities in support of this agreement include:
- Using the standard methods to submit ticket requests (see Section 4 below)
- Providing a detailed and comprehensive description of the issue or requested change to minimize back and forth efforts for clarification
- Reviewing draft updates to the site in a timely fashion
- Regularly reviewing their site for technical issues and communicating those in a timely fashion
- Submit tickets well in advance of deadlines
Support Ticket via Web Portal
Customers are able to submit a ticket request by logging into the back end of their WordPress site and completing the ticket form. Forms are routed directly to Hot Dog Marketing and are assigned to your Client Success Team for review. Hot Dog Marketing will reach out to the Client via email if there are any questions. Otherwise, the request will be submitted into the ticketing queue and will be addressed in the order in which it is received.
Support Ticket via Email
Customers are also able to submit a ticket request by emailing email@example.com. Hot Dog Marketing will respond to the Client if there are any questions. Otherwise, the request will be submitted into the ticketing queue and will be addressed in the order in which it is received.
Support Hours and Response Time
Hosting and Maintenance Tickets are addressed during regular open business hours: Monday – Friday | 9 AM – 5 PM. Hot Dog Marketing is Closed: New Years Day, Memorial Day, 4th of July, Labor Day, Thanksgiving, Friday after Thanksgiving, Christmas Eve, Christmas and New Years Eve.
High Priority Tickets During Non-Business Hours: Please submit a ticket through our ticketing system and mark the ticket high priority. Calling our office will not increase our response time to this issue. High priority tickets will be reviewed. If the issue is security-related (malware, hacking, website taken down), your ticket will be escalated to our hosting partner for resolution. All other high priority tickets will be resolved at the open of business the following business day.
Clients are billed monthly in arrears for the Plan and have several payment options available to them:
- Credit Card or ACH on file (preferred) – Clients who maintain a credit card or ACH on file will be automatically charged on the 10th day of each month.
- Online payments – Clients who wish to be invoiced will receive their bill on the 25th of each month. Payment can be made online and is due by the 10th day of the following month.
- Payment by Check – Clients who wish to pay by check will be invoiced on the 25th of each month. Checks must be received by the 10th day of the following month.
Reminders for late payments for hosting and maintenance will occur for 30 days when the invoice as become past due. After 30 days, the website will be removed from our server. If you need to relaunch, your website, you have 30 days from the removal day to relaunch your site for $150.00 fee. 60 days after your last payment due date, we will remove your website from storage.
The return of a check issued to Hot Dog Marketing will result in a $40.00 returned check fee being placed on the account of the Client, no matter the reason. Client has 30 days to redeem the returned check. After 30 days Consultant will forward the entire account to a collection agency. At this point, Client will be responsible for all applicable fees and costs allowable under the laws of the State of Texas.
In accordance with Texas State law and the Comptroller’s Office, Hot Dog Marketing charges sales tax on website design, website set-up, website content updates, printing, and graphic design services. If the Client is tax exempt, they will provide a Tax Exemption Certificate and upon receipt of same, Hot Dog Marketing will not charge sales tax to Client.
Contract Terms and Termination
Either party may terminate this agreement at any time for cause (being the failure of the other party to comply with the terms and conditions of this agreement). However, Hot Dog Marketing will have the right to reprocess Client’s materials to correct any errors for which Hot Dog Marketing may be responsible in full satisfaction of all Client’s claims, provided Client has notified Hot Dog Marketing in writing of any claimed error. This means that Hot Dog Marketing will make the correction at its own expense.
Hot Dog Marketing will not be responsible for any errors or omissions that Client approves after receiving a proof sample of the work performed and the Initial deposits are non-refundable once Hot Dog Marketing commences work on Client’s project.
Client may terminate this agreement for any reason, without cause, by giving Hot Dog Marketing at least 30 day advance notice. If the Client chooses to cancel a monthly contract before the final month, it will forfeit its deposits and Client will be billed for the final 30 days at the time the cancellation request is received. If the Hosting and Maintenance contract has not been fulfilled, the website is non-transferable. The website is only transferable after the payment of 12 months of hosting and maintenance.
Client Review of Work
Client Delay Before Design/Content Writing Phase will result in cancellation of your project at 30 days from the sign-up date if we have not received the required information to begin your project. All communication will be documented. The $500.00 fee will not be refunded and cannot be applied to future projects.
Once you schedule your kick-off meeting with us, your billing schedule is set regardless of client delays. 50% of your project is due immediately to keep the meeting on the calendar. The final 50% of your project minus the $500 deposit is due 30 days from your kick-off meeting. Your monthly hosting and maintenance fee starts 30 days from your final invoice. If for any reason there are significant delays as result of Hot Dog Marketing/Peasy, a different billing schedule will be negotiated. Otherwise, all projects without client delays, typically finish in 30-60 days. Payment will run on your payment method on file.
Proposed timelines are contingent of client feedback being received within 3-5 business days of notice to review work. Delays in review of work will delay project deadlines. Projects are received in queue and will be addressed in the order they are received.
All written information submitted by Client to Hot Dog Marketing in connection with this agreement, which is identified as proprietary information, will be safeguarded by Hot Dog Marketing to at least the same extent as Hot Dog Marketing safeguards like information relating to Hot Dog Marketing’s own business. The Client will take all appropriate measures to protect the proprietary information including pricing structure and negotiated rates and will only disclose the information to employees, agents, advisors, contractors, affiliates etc. who need to know the information, and who will also be advised and agree to the strict confidentiality of the information. If, however, the data is publicly available, is already in Hot Dog Marketing’s possession, or known to Hot Dog Marketing, or was rightfully obtained by Hot Dog Marketing from third parties, Hot Dog Marketing bears no responsibility for its disclosure, inadvertent or otherwise. Upon the termination of the agreement, each party will return the information including documents, prototypes, research, etc. to its proper owner in a format that is useable by such party.
Proprietary Rights of Industry Techniques – Generally
Upon final payment of the contract, Client is assigned all rights to the domain name, design, graphics, and text contained in the finished projects. For website projects, the Client owns all website materials after twenty-four months of required hosting, maintenance and support. Hot Dog Marketing, LLC owns all of the Copyrights to the assembled work product by Hot Dog Marketing, LLC until final payment is collected or until the Client pays the website transfer fee set forth above in the amount of the applicable monthly fee multiplied times the number of months remaining in the contract .
Proprietary Rights – Copyrights and Trademarks
The Client represents to Hot Dog Marketing, LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Hot Dog Marketing, LLC for inclusion in web pages, press releases, printed material are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Hot Dog Marketing, LLC from any claim or suit arising from the use of such elements furnished by the Client. In addition, the Client is responsible for ensuring approved original artwork that Consultant produces, that will be used by the Client, is free of copyright or trademark issues. Hot Dog Marketing is not responsible for intellectual property research for projects. If the Client has any concerns, Hot Dog Marketing recommends reviewing designs with an attorney prior to giving final approval.
Repudiation – Abandoned Projects
Client repudiates this contract if, without just excuse, he/she indicates by unconditional words or actions that he/she will not perform his/her contractual obligations. Client is said to have abandoned, renounced, and refused to perform the contract if after 90 days and adequate notice (i.e. communication by phone, text, e-mail and Certified Mail, Return Receipt Requested) Client has not responded to Hot Dog Marketing’s requests to provide additional information or payment necessary to continue or complete the project. All monies paid to the Hot Dog Marketing, by Client are forfeited and the repudiation is considered final and irrevocable and any outstanding balances will be turned over to a collection agency. Client will also be responsible for all applicable fees and costs allowable under the laws of the State of Texas. Unused retainer hours expire after six months after the retainer agreement ends.
There is a $450.00 fee to kick-off a project after the project was abandoned. Changes to the original scope of work after re-starting an abandoned project will be quoted at the current rate.
Protecting Your Data
Hot Dog Marketing is committed to protecting your data. We currently use third-parties to manage client information which meet or exceed PCI compliance standards and GDPR privacy standards. Customer data provided to Hot Dog Marketing by the Client for the use in marketing campaigns are requested securely and then added to compliant third-parties for the completion of the project. Client’s customer data is not saved locally on Hot Dog Marketing servers.
Recruiting Hot Dog Marketing Employees
The Client agrees to not engage with Hot Dog Marketing employees in attempts to recruit them to work directly for the Client. After an employee has no longer worked for Hot Dog Marketing for one year, the non-compete is lifted.
Terms to Be Exclusive
The entire agreement between the parties with respect to the subject matter under this agreement is contained in this agreement. All terms and conditions contained in extrinsic documents will not be of any force or effect in the interpretation of this agreement. Except as expressly provided to the contrary, the provisions of this agreement are for the benefit of the parties solely and not for the benefit of any other person, persons, or legal entities.
Representations and Warranties
Client acknowledges that it has not been induced to enter into this agreement by any representation or statements, oral or written, not expressly contained or expressly incorporated by reference.
Hot Dog Marketing does not make any representations, warranties, or guaranties, express or implied, including without limitation any warranties of merchantability or fitness for intended use, other than the express representations, warranties, and guaranties contained in this agreement.
Waiver or Modification Ineffective Unless in Writing
A waiver, alteration or modification of any of the provisions of this agreement will not be binding unless it is in writing and signed by an authorized representative of Hot Dog Marketing.
All communications regarding this agreement should be sent to Hot Dog Marketing at the address set forth below, unless notified to the contrary.
Any notices required by this Agreement shall be in writing and shall be given in hand or sent by first class mail or by courier service or by facsimile transmission which confirms receipt of such transmission to the applicable address.
Hot Dog Marketing
110 East Main Street
Round Rock, TX 78664
Ph: (512) 537-6575
Any written notice under this agreement will become effective as of the date of actual receipt or on the date of mailing be that registered or certified mail and will be deemed sufficiently given if sent to the addressee at the address stated in this agreement or any other address specified by notice in writing.
This agreement is governed by the laws of the State of Texas and the parties hereby consent to the jurisdiction of the courts sitting in the State of Texas to adjudicate all disputes arising hereunder. The parties have executed this agreement at Hot Dog Marketing 110 East Main Street, Round Rock, Texas 78664.