[BIZ & PRO] Website Monthly Care Plan Service Level Agreement (SLA)
Website Care Service Agreement
This SERVICE CONTRACT (this “Agreement” or this “Service Contract”), effective on the date you purchase a subscription, is made and entered into by you and [Softworks Interactive Inc.] (“the Company”).
The following terminology applies to this service agreement: “Client,” “You,” and “Your” refer to you, the customer. “The Company,” “Ourselves,” “We,” and “Our” refer to [Softworks Interactive Inc.]. “Party,” “Parties,” or “Us” refers to both the Client and the Company.
[Softworks Interactive Inc.] [Website Care] is a WordPress support and development service offered by [Softworks Interactive Inc.].
By purchasing [Softworks Interactive Inc.] [Website Care] services on our website [softworksinteractive.com], you acknowledge that you have read and accepted the terms of the following agreement between [Softworks Interactive Inc.] and you. [Softworks Interactive Inc.] [Website Care] service renews every month as does this agreement. As part of the subscription, [Softworks Interactive Inc.] will provide WordPress CMS design, development, and support services on existing and new websites, according to your purchased plan detailed on the company's website [softworksinteractive.com].
1.0 Coopération mutuelle
We commit to employing our utmost efforts to not only meet but surpass your expectations for consistent assistance with WordPress-related tasks. In order to achieve this goal, you agree to facilitate our efforts by providing necessary information regarding the website and cooperating with us to streamline our workflow effectively.
2.0 Conditions de paiement
[Softworks Interactive Inc.] [Website Care] service is offered as a monthly service with no long-term payment commitment. [Softworks Interactive Inc.] [Website Care] service is available in multiple fixed plans. You will be asked to pay on the company's website [softworksinteractive.com] for your selected monthly plan. Your purchased subscription will auto-renew each month from the date of the original purchase.
3.0 Annulation des plans
To cancel your subscription, you must contact our Support Team requesting a subscription cancellation by creating a support ticket from your customer portal account ([portal.softworksinteractive.com]) or by sending an email to the address: support@softworksinteractive.com. Your subscription will be canceled on the last date of your current paid month or current subscription period. You will not be billed for the new month, but you can continue to use the subscription until the end of the current subscription period.
4.0 Politique de remboursement
We offer a 14-day risk-free trial policy. To be eligible for a refund, you must reach out to our Support Team requesting a refund by creating a support ticket from your customer portal account or by sending an email to the address: support@softworksinteractive.com within the first 14 days of the date of signup. We reserve the right to release work performed during the first 14 days of the risk-free trial period. After the initial 14 days, no refunds are available for our services. Refer to the “Cancellation of Plans” section to cancel your plan at any time.
5.0 Responsabilité des versions
5.1 [Softworks Interactive Inc.] Responsibility
We will ensure that we obtain all necessary releases, licenses, permits, or other authorizations required to legally use testimonials, copyrighted materials, photographs, artwork, or any other property or rights belonging to third parties that we acquire for the purpose of providing services for you (if and or where applicable).
5.2 Client Responsibility
You affirm and warrant that all materials you furnish, including text, images, and artwork, are either owned by you outright or that you possess the requisite permissions and rights to utilize them as necessary for the intended purposes.
6.0 Propriété
You will reatin ownership of all visual elements that we produce for you. We will deliver both source and final files to you, and it is important that you securely store these files as we are not obligated to retain copies. Additionally, you possess ownership of all text, images, and data that you provide, except in cases where ownership belongs to third parties.
Upon the conclusion or termination of this agreement, [Softworks Interactive Inc.] commits to promptly transfer, assign, and provide access to you for all property and materials that are currently in its possession or under its control and rightfully belong to you. This includes but is not limited to any proprietary information, documents, digital assets, and other relevant materials pertinent to the services provided under this agreement.
7.0 Utilisation de extensions et de logiciels tiers
By purchasing our services, you agree to the terms of service and privacy policies of any third-party plugins and software deployed on your website as part of our service. We will use various third-party plugins and software outlined in each plan on [softworksinteractive.com] to enhance and maintain your website. It is your responsibility to familiarize yourself with the terms and conditions of these third parties.
8.0 Clause de non-responsabilité
THE WARRANTIES PROVIDED BY EACH PARTY IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED WITH RESPECT TO THIS AGREEMENT. THESE INCLUDE (BUT ARE NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER PARTY SHALL BE LIABLE FOR ANY COVER OR SETOFF, NOR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, EVEN IF SUCH PARTY WERE ADVISED OF THE POTENTIAL OR POSSIBILITY OF SUCH DAMAGES.
9.0 Confidentialité
[Softworks Interactive Inc.] acknowledges and agrees that it bears a continuous responsibility, extending beyond the term of its appointment, to diligently safeguard the confidentiality of any proprietary or confidential information or data that is either developed by [Softworks Interactive Inc.] on your behalf or disclosed to [Softworks Interactive Inc.] by you. This commitment entails employing all reasonable efforts to ensure the protection and non-disclosure of such information.
10.0 Période de validité de l'accord
This Agreement takes effect upon the date of purchase of [Softworks Interactive Inc.]'s monthly [Website Care] services and shall continue as long as you have an active paid subscription to [Softworks Interactive Inc.] for [Website Care] services.
11.0 Modification de l'accord
[Softworks Interactive Inc.] reserves the right to modify this agreement. [Softworks Interactive Inc.] will always notify you about any modifications prior to being posted on our website.
12.0 Résiliation pour motif valable
Either party to this Agreement retains the option to terminate the Agreement if the other party defaults in the performance of its material duties and obligations as set forth herein. This termination right arises if the defaulting party does not remedy the default within thirty (30) days of receiving notice thereof. Alternatively, termination may be warranted if the default cannot reasonably be rectified within the specified period, except where the defaulting party initiates corrective actions within this timeframe and diligently pursues a resolution to rectify the situation. This termination provision underscores the importance of prompt remedial actions and adherence to contractual responsibilities to maintain the integrity and effectiveness of the Agreement.
13.0 Dispositions générales
13.1 Governing Law
This Agreement shall be governed and construed under the laws of the province of [Quebec, Canada].
13.2 Representations and Warranties
Each party solemnly affirms and warrants that it possesses the full power and authority necessary to enter into this Agreement and to diligently fulfill all obligations set forth herein. Furthermore, each party asserts that the execution and performance of this Agreement do not violate or infringe upon the legal or equitable rights of any third party.
13.3 Entire Agreement
Except as otherwise specified or referenced herein, this Agreement constitutes the exclusive and comprehensive understanding between the parties concerning its subject matter. It supersedes and replaces all prior discussions, agreements, and understandings of any kind between them regarding such subject matter, thereby consolidating all terms and conditions into a unified framework governing their mutual obligations.
13.4 Severability
If any provision of this Agreement is determined to be illegal, invalid, or unenforceable under any present or future law, then that specific provision shall be deemed fully severable from the Agreement. In such an event, this Agreement will be construed and enforced as though the illegal, invalid, or unenforceable provision had never been included, while the validity and enforceability of the remaining provisions shall remain unaffected and continue to govern the parties' rights and obligations under this Agreement.
Acknowledgment
By proceeding with the payment for [Website Care] services, the Client confirms their understanding and acceptance of the terms and conditions outlined in this SLA. No physical signatures are required, and the acceptance of this agreement is validated by the act of completing the purchase process on the company's website [softworksinteractive.com].
End of Agreement