Please read these terms carefully, and complete the form at the bottom of this page to indicate your acceptance.
Support services will be provided to your organization (“Client”) by 4Site Interactive Studios, Inc (“Contractor”) to support and sustain your website under the Terms and Conditions (“Terms”) outlined below. These Terms remain valid until superseded by revised Terms mutually endorsed by 4Site and Client.
Goals & Objectives
The purpose of these Terms is to ensure that the proper elements and commitments are in place to enable 4Site to provide consistent support to Client by:
- Providing clear reference to service ownership, accountability, roles and/or responsibilities,
- Presenting a clear, concise and measurable description of service provision to Client, and
- Matching perceptions of expected service provision with actual service delivery.
Support services are defined as tasks or groups of tasks on a single system that are estimated to take less than 10 hours to fulfill. Services include most technical tasks required to maintain a website on the Internet, including design, development, content management system configuration, and other related services.
To initiate service, Client will submit a support "Ticket" to 4Site. 4Site maintains a website and email account with the third-party provider Zendesk at http://4site.zendesk.com to manage all support Tickets.
Ticket Status: Regular
- All work and related communication and administrative time is billed at $150/hour
- Tickets will be acknowledged within 24 hours.
- Time spent investigating and estimating the issue is billed at $150/hour
- We guarantee that all work will be estimated within 7 days.
Ticket Status: Urgent
- All work and related communication and administrative time is billed at $200/hour.
- Tickets will be assigned to an agent within one business hour.
- Work will be estimated and started immediately after being assigned.
- Service agents will work consecutive business hours to completion.
Responsibilities of Clients
- To submit all support requests via the ticketing system so that all information and subsequent conversation may be captured in a single location.
- To respond promptly to requests for information related to the service ticket so that work can continue uninterrupted.
- To indicate via the ticketing system if work should stop or be rescoped in light of new information or the estimate.
Responsibilities of 4Site Support Agents
- To update tickets and communicate progress with clients as per the guidelines for each level of service.
- To start the work within the parameters set in the service guidelines, and to work as efficiently as possible.
4Site will respond to support Tickets submitted by the Client during the following times: 9am - 5pm EST/EDT, Monday through Friday. Support will not be available during federal holidays.
Requests for services that are estimated at more than 10 hours will be treated as a project and will require a separate contract. Also excluded under these Terms are support for website hosting or email. Support for these services must be contracted separately between the Client and 4Site.
In consideration of the services performed, Client agrees to pay 4Site a fixed price of $150/hour for all standard support, and $200/hour for all urgent support. Support services time is billed in 15-minute increments from the point the ticket is first received and reviewed by the support administrator. Client will be invoiced on or about the first of each month for all support provided during the previous month. Payment for services is due upon receipt of the invoice. Invoices for service will include the Ticket# to allow client to review the support provided.
- Late Payments: The Contractor reserves the right to bill a late fee of five percent (5%) of the total amount owed if payment is not received in full, following the initial thirty (30) day period, and for each successive thirty (30) day period, or portion thereof, for any amount past due and owed by the Client to the Contractor. In case litigation to collect any such amounts proves necessary, the Client agrees to pay all reasonable legal fees and expenses incurred by the Contractor in the litigation if the Contractor prevails.
- Suspension of Services: If an amount due remains unpaid after a ninety (90) days following the receipt of an invoice for payment, the Contractor reserves the right to suspend work until the outstanding amount due is paid in full.
The Client owns: all the content that it supplies to the Contractor, including all intellectual properties (collectively “Content”); and all HTML files, Java files, Flash files, graphics files, animation files, data files, technology, applications, scripts and programs, all documentation, and other completed and incomplete written reports, lists and other documents or deliverables that the Contractor creates for the Client during the Term (collectively “Work Product”). The Contractor will immediately assign, transfer and convey to the Client all right, title and interest, including all intellectual property rights, in and to all Work Product and will execute all documents that the Client may request to confirm the Contractor’s assignment. The Contractor must get the Client’s prior written approval to use or authorize a third party to use the Work Product or anything substantially similar to the Work Product.
The Contractor owns all documentation, text, research, templates, notes, graphics, ideas, concepts, client tools, project management tools and related intellectual property that Contractor: created or used before performing under this Agreement; creates while performing this Agreement that have general applicability apart from the services provide to the Client; or licenses from a third party in order to perform under this Agreement. Although the Contractor will retain all rights to Contractor-created intellectual property described in clause of the preceding sentence, the Contractor grants a non-exclusive license to the Client to use such property. Under such license, the Client maintains all rights for required use and or modification of the property for all time, regardless of whether the Client maintains a development relationship with the Contractor.
Copyrights and Trademarks
The Client represents to the Contractor and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Contractor for inclusion in web pages 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 the Contractor and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. The Contractor represents as follows: that the Contractor will create the original artwork and Website except for artwork supplied by the Client; that the Contractor has the full and unrestricted right to make this Agreement; that the artwork and any software, documents and other materials utilized in the Contractor’s performance of the services under this Agreement shall not infringe upon any statutory copyright or violate the rights of third parties and shall not contain any matter contrary to the law; and that the Contractor shall indemnify the Client and hold the Client harmless from any and all claims and suits arising there from, including legal fees.
This Agreement creates a confidential relationship between the Client and the Contractor. Information concerning the Contractor’s and the Client’s business affairs, vendors, finances, properties, methods of operation, computer programs, employees, documentation, and other such information whether written, oral, or otherwise, is confidential in nature. The Contractor acknowledges that all information that the Client provides to the Contractor is proprietary and confidential; has a significant business purposes; and is not known or generally available from sources outside the Client, or not typical of industry practices, and that the disclosure of the confidential information would have a material adverse effect on the Client and its conduct of business. The Contractor agrees, during and after the work is performed, to keep all confidential information in a secure place; not directly or indirectly disclose any such Confidential information in any way other than in connection with the direct rendering of services to the Client, except as may be required to be disclosed by law or court order and after giving prior notice to the Client of such required disclosure; and return to the Client all confidential information including all copies, when the Client requests and on termination of this Agreement. Confidential information does not include information that the Contractor can show that it knew before that information was disclosed to the Client; that was in the public domain through no breach of this Agreement or other wrongful act; that was rightfully received from a third party without breach of this Agreement; or that the Client approved for release.