TERMS & CONDITIONS - The provision of products and/or services by eWebResults Marketing Agency (EWR Digital, EWR, CoHosta, or Seller) and EWebstylecom LLC (Parent Company) is governed by this Master Service Agreement and any Service Level Agreements (SLA).
These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either "Terms and Conditions" or "this Agreement". The Client has accepted these terms and conditions by making a purchase from or placing an order with the Seller or otherwise requesting products (the "Products") or engaging Seller to perform or procure any Services (as this and all capitalized terms are defined herein). These Terms and Conditions are subject to change without prior notice. This Agreement contains the entire understanding of the parties with respect to the matters contained herein and the document supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understanding, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof.
Each, a "Statement of Work" or "Service Level Agreement" is additional outlined "Terms and Conditions" that apply on top of the Master Service Agreement in place. See the most update date MSA at https://www.ewrdigital.com/master-service-agree
- Prohibited Content
- All services provided by EWR may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statute. The subscriber agrees to indemnify and hold harmless EWR from any claims resulting from the use of service which damages the subscriber or any other party. Prohibited are sites that promote any illegal activity or present content that may be damaging to EWR's servers, or any other server on the Internet. Links to such materials are also prohibited. You agree that if EWR believes, in its sole discretion, that you are conducting illegal activity, EWR may share any and all information concerning you and your data that we deem relevant with any and all law enforcement agencies.
- Service Usage
- EWR reserves the right to determine which usage is/is not considered excessive as per this policy.
- Server Abuse
- Any attempt to undermine or cause harm to a server or customer of EWR is strictly prohibited. As our customer you are responsible for all of your accounts. Should you violate the Terms of Services outlined within, EWR reserves the right to cancel or terminate service.
- Unintentional Server Misuse
- We understand that in a modern web hosting environment, any number of factors may result in your hosting account unintentionally causing a degradation of service for other customers. In the event that we observe that this is occurring, we reserve the right to take any steps necessary, including, but not limited to, further restricting the resource usage limitations of your hosting account, disabling portions or features within your account, or modifying code and/or database contents within your hosting account. In the event that it is necessary to make modifications to your hosting account, we will attempt to notify you in a timely manner.
- Refusal of Service
- We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of EWR must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
- By the Account Activation Date of each month, EWR shall either: (1) debit the client's credit card (when such information has been provided by the client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to EWR by no later than the specified payment due date. EWR shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 1 business week, the account, and all accounts under that account plan, will be suspended.
- Service Fees
- Certain services carry a setup fee charged by EWR to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to EWR and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
- Account Deactivations
- Any account deactivated due to non-payment will require a reactivation fee of $25.00 prior to reactivation.
- Cancellation Refunds
- We DO NOT refund partial monthly fees to accounts. Depending on your plan we either bill quarterly or monthly, however both require 30 days notice for all cancellation. Cancellation requests may be submitted through our ticketing system.
- Limitation of Liability
- EWR shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from EWR servers going off-line or being unavailable for any reason whatsoever. Furthermore,EWR shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of EWR servers. All damages shall be limited to the immediate termination of service.
- Violations of these Acceptable Use Policies should be referred to abuse [at] EWR. All complaints will be investigated promptly.
- EWR cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by EWR are resold. Thus, certain equipment, routing, software and programming used by EWR are not directly owned or written by EWR. Moreover, EWR holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as EWR sees fit.
Technical Service Plan Terms
EWR will provide website maintenance and technical support for the client domain and agrees to provide such services to the Client on a quarterly basis. Services not considered "standard website maintenance or technical support" are subject to be charged at a separate rate and will not be considered part of this agreement.
A. What Is Included In This Agreement
EWR agrees to provide Client with Web Maintenance Services as described in this Agreement. Maintenance Services include up to 1 hour of standard website maintenance and technical support for client website every month, which includes:
- Regular monitoring and updating to ensure performance across all the latest versions of Chrome, Internet Explorer, Safari and other web browsers.
- Security protection against hackers from gaining access to your site.
- Regular and thorough backups of your website so that it may be fully restored in case of loss.
- Monitoring your website functionality to ensure that everything is working as it should and provide updates when necessary. Software updates may be necessary to address security or stability issues in the software or to add new features, and may include:
- Server-level updates (Linux, PHP, Apache, and various submodules)
- Application-level updates to WordPress, and themes
- Plugin-level updates for specific functionality within the context of the CMS
- Guaranteed response for bug fixes and maintenance issues
- Assisting with downtime or performance issues by liaising with the web host provider.
- Removal of malware, spam, and malicious code from Client"s website* (An additional charge per incident for clients who are on a maintenance plan at the time of infection could be incurred if recovery goes over allotted time.)
These tasks do not cover advanced or complex tasks such as a setting up a complete online shopping cart system, installing a booking system, calendar or membership section, custom PHP programming, developing a full site, creating a landing page for advertising, creating a new page on your site that is different from your existing site pages (i.e. anything that involves design and development work), creating a complex form that will take more than an hour to do, etc.
Tasks and trouble shooting that go over the amount of time allotted per month will be billed at our regular standard rate of $175/hr. You will be notified before completing them, if that is the case).
If any regular maintenance or software update procedure requires additional time to complete beyond the scope of this agreement EWR will notify the Client in advance and any additional time will be billed separately. Support hours expire at the end of the quarter and do not roll over to the next maintenance quarter.
Web Revisions: Up to 1 hour of “Web Edits” are included in this package monthly. These are small quick changes to a website text or image uploads that do not change the overall structure.
They must be submitted through our ticketing system here: https://support.ewrdigital.com/support/
Web Revision at the end of every quarter and any additional edit requests or the allotted amount will be billed at the standard rate.
B. What Is Not Included In This Agreement
As part of TSP, we will NOT proactively fix issues/breakages caused by changes that you make to your website, unless you request that we proactively fix those issues. Whether fixing these issues proactively by your request, or fixing these issues as a one-off request from you, we will address these issues during business hours, and at a rate of $149/hr for the work required to repair whatever damages may have been caused by your breakage.
1. Maintenance, support, or hosting services for websites other than Client websites. 2. Domain name registration, DNS service, or email services. 3. 3rd Party Integrations
Although these are not covered in the plan. We're willing to assist them though at our regular rate of $175/hour
Monthly Cost: $249 / Month + tax
Website Edits by the Client
Cohosta does not recommend clients update their own website unless they have an internal web master who can make those changes.
If an issue with the website is determined to have been caused by the client, Cohosta will assist with fixing the issue but all time for this will be billable.
Cohosta tracks all activity on the backend of the website to create accountability of who and what may have caused an issue. In order to be on the TSP, the client agrees to this backend monitoring.
All websites hosted on Cohosta are owned by the client and Cohosta will provide backend access to the website if requested.
By default, EWR Digital will provide clients an "Editor" role account upon the completion of a website build. If the client needs an account with full admin access, EWR Digital will create that account for the client.
If admin access is requested, Cohosta will provide a best practices document to the client, and the client agrees to the Cohosta policy on "Website Edits by the Client'.