Service Level Agreement

This Service-Level Agreement is made by and between you ("Client” or “customer” or “you”) and One Firefly ("Supplier" or “One Firefly”). This SLA is governed by the Legal Terms & Conditions which may be viewed here. Collectively, the SLA and the Legal Terms & Conditions constitute the Agreement between the parties (the “Agreement”). By purchasing the services indicated herein, the Client hereby binds itself to the Agreement.

NOW, THEREFORE, in consideration of the foregoing, and of the terms and conditions and the Service Levels, the Parties hereby agree as follows:

Definition of Service:

One Firefly’s Web Maintenance 2.0 provides clients dependable and timely website upkeep through ongoing website maintenance activities designed to keep their website fresh, relevant and secure.

PRO HOSTING

1. Service Start Dates

One Firefly’s Web Maintenance 2.0 Pro Hosting is an ongoing service that commences after one of the following scenarios occurs:

A. Your new website is approved - the service will be considered live once the client’s website is “live” and DNS is pointed towards the One Firefly server. The Client will be notified within 24 hours of DNS propagation that the domain is resolving correctly and services have begun.

B. Your new website is in Review & Approval for greater than 30 days - If your Review & Approval period exceeds 30 days, One Firefly will begin charging for hosting as a storage fee to keep the website and its associated files on our Web Host Manager (WHM) in anticipation of the site being publicly accessible in the near future.

2. Billing

Billing for Web Maintenance 2.0 will be based on the status of the Client’s One Firefly Website Project.

• If the Client is purchasing a new One Firefly website and Web Maintenance 2.0 at the same time, One Firefly will collect for month 1 upon purchase and will bill for month 2, 30 days after the site has been “live” on the One Firefly server. If the Client wishes to purchase hosting at the point of going “live”, he/she must pay for month 1 prior to any DNS changes being made.

• If the Client has an existing One Firefly website hosted on another server, One Firefly will collect for month 1 upon purchase. One Firefly will then work with the Client’s existing hosting provider to get the website migrated and configured on our server within 30 days of purchase. The client will then be billed for month two 30 days after the site has been “live” on the One Firefly server.

3. Deliverables

The Client will receive the following as part of the Pro Hosting Plan: 

• Single domain SSL Certificate
• 20G of server storage
• Highly available (two synced parent servers) setup providing maximum hardware & network reliability
• Weekly local and off-server backups (One Firefly will keep original backup of the site for the lifetime of the account and retain 8 weeks of consecutive backups) 
• DDOS protection 
• Managed Joomla CMS version & plugin updates
• Website firewall software
• Pingdom uptime monitoring
• Protection guarantee covering hack/malware cleanups

4. Communication

The One Firefly Web Department may provide periodic email communication regarding the Client’s service. This includes but is not limited to uptime reporting, server upgrades or enhancements, and any system interruptions.

5. Plugin & Extension Updates

The Client’s website uses powerful extensions to extend its features and functionality. These extensions also become outdated over time, and can pose high security risk. The Client’s website will receive systematic updates to core extensions to help keep their website protected. These updates are done at the discretion of One Firefly to ensure the safety and reliability of the website. Extension updates are limited to those utilized in the website build and must be compatible with the Joomla Update System. If the Client wishes to install plugins or extensions that are not compatible with the Joomla Update System, One Firefly reserves the right to disable the plugin should it cause vulnerability for the other sites on our server. 

6. Nameservers

It is One Firefly’s belief that nameservers should always remain with the Client’s domain registrar to provide ultimate control and ease, should the Client decide to migrate their website elsewhere. For this reason, One Firefly strictly prohibits maintaining Client’s nameservers on our Pro Hosting server. If the Client’s nameservers are located somewhere other than their Domain Registrar and wishes to regain control, One Firefly can provide best effort support for up to 2 hours. This support will only be available if it prohibits the Client’s website from going “live” and any time outside of One Firefly’s best effort support must be billed hourly starting at $165/hour against a retainer that must be placed on account.

7. Cancellation/Migration

One Firefly’s Pro Hosting Plan is a monthly service that may be cancelled at any time with a minimum of a 30 day written notice. Upon notice of cancellation, the Client agrees to migrate their website off of One Firefly’s server within 60 days. During this time period, One Firefly agrees to provide the following information:  

• Backend administrative access
• Database credentials
• FTP/Cpanel credentials 
• 1 packaged Akeeba Backup File (if requested)

If payment is missed or website is not migrated from our server, One Firefly reserves the right to temporarily suspend the client’s website and/or send to a collection agency. 

This agreement is subject to change without notification. 

MEDIA+

1. Service Start Dates

One Firefly’s Web Maintenance 2.0 services are delivered over 12 months, with 4 quarterly deployments of content updates, completed on a calendar quarter (January, April, July, October). The Client will spend a period of time in onboarding prior to the start of their 12 month campaign. One Firefly will provide the Client an outline of campaign timelines at the point of purchase.

2. Billing

Billing for Web Maintenance 2.0 will be based on the status of the Client’s One Firefly Website Project.

• If the Client is purchasing a new One Firefly website and Web Maintenance 2.0 at the same time, One Firefly will collect for month one in service quarter one upon purchase. When the website launches, the client will be billed standard Pro Hosting rates until month two in service quarter one.
  
  
• If the Client has an existing One Firefly website, One Firefly will collect for month one in service quarter one upon purchase. The Client will then be billed standard Pro Hosting rates until month two in service quarter one.

Due to services often being rendered in advance of payment, Media+ Plan requires a 12 month commitment. See section 8 for Cancellation Policy.

3. Deliverables

The Client will receive the following as part of the Media+ Plan: 

• Professional Hosting services as defined in One Firefly’s Pro Hosting plan outlined in this document
• 12 image and/or video replacements per calendar quarter
• Documentation of all completed quarterly work
• 2 hours of courtesy revision time per calendar quarter as outlined in Section 6 of this document

4. Communication

As part of the Client’s yearly campaign, he/she will have the opportunity to participate in the following optional meetings as invited by the Web Service Team:

• 1 Annual Media Selection Meeting
• Quarterly Media Input Meetings
• Quarterly Media Revision Meetings

One Firefly will send all meeting requests to the Client’s email and will subsequently follow up with a phone call, also documented in email, within five business days. If the client does not respond to the meeting request within five business days, One Firefly will proceed in execution of Media+ campaign. This will be done in the interest of maintaining consistency and timeliness of the Client’s marketing efforts. 

5. Evaluation and Acceptance of Work

Once quarterly media swaps have been completed, the Client will have the opportunity to provide input on the work. The client may only provide feedback on work completed in that calendar quarter within 10 business days of receipt of completion email. Any other edits, or edits outside of the 10 day period will be applied to the client’s 2 hours of quarterly courtesy revision time. 

Media swap revisions are limited to 2 additional swaps per instance. Any additional revisions will be applied to the client’s 2 hours of courtesy edit time.

6. Courtesy Revisions

As part of the Media+ Plan, the Client will receive 2 hours of courtesy edits per calendar quarter. This time cannot be used retroactively or applied towards future quarters. If revision requests are estimated to take less than 2 hours to complete, One Firefly will make every attempt to complete any requested revisions within 10 business days of request. Any work outside of the standard 2 hours will be billed hourly starting at $165/hour against a retainer that must be placed on account. Production staff will communicate scheduling of retainer work.

7. Expedited Service

In some cases, the Client may wish to begin services earlier than the standard timelines. On this occasion, additional fees will apply. Expedited service will be offered in the following scenarios: 

Scenario 1: 

• Purchase date is within 30 days of the current quarter
• Client provides One Firefly media/onboarding materials prior to last 30 days of the current quarter

Scenario 2:

• Purchase date is within the last 30 days of the current quarter
• Service will commence once onboarding is completed

8. Cancellation

One Firefly’s Media+ Plan is a 12 month commitment and downgrades or cancellations are only available at the time of renewal. If payment is missed, One Firefly reserves the right to temporarily suspend the client’s website and/or send to a collection agency. 

This agreement is subject to change without notification. 

CONTENT+

1. Service Start Dates

One Firefly’s Web Maintenance 2.0 services are delivered over 12 months, with 4 quarterly deployments of content updates, completed on a calendar quarter (January, April, July, October). The Client will spend a period of time in onboarding prior to the start of their 12 month campaign. One Firefly will provide the Client an outline of campaign timelines at the point of purchase.

2. Billing

Billing for Web Maintenance 2.0 will be based on the status of the Client’s One Firefly Website Project.

• If the Client is purchasing a new One Firefly website and Web Maintenance 2.0 at the same time, One Firefly will collect for month one in service quarter one upon purchase. When the website launches, the client will be billed standard Pro Hosting rates until month two in service quarter one.
  
  
• If the Client has an existing One Firefly website, One Firefly will collect for month one in service quarter one upon purchase. The Client will then be billed standard Pro Hosting rates until month two in service quarter one.

Due to services often being rendered in advance of payment, Content+ and Content++ Plans requires a 12 month commitment. See section 8 for Cancellation Policy.

3. Deliverables

The Client will receive the following as part of the Content+ and Content++ Plans: 

• Professional Hosting services as defined in One Firefly’s Pro Hosting plan outlined in this document
• 12 image and/or video replacements per calendar quarter
• 1 new (Content+) or 2 new (Content++) website pages taken live per quarter
• Documentation of all completed quarterly work
• 2 hours of courtesy revision time per calendar quarter as outlined in Section 6 of this document

Completion of page production and deployment will be based on scheduling defined at point of sale. If the Client wishes to modify the existing schedule he/she must do so 60 days prior to the start of scheduled quarter and must have all onboarding materials submitted to the team at that time. 

4. Communication

As part of the Client’s yearly campaign, he/she will have the opportunity to participate in the following optional meetings as invited by the Web Service Team:

• 1 Annual Media Selection Meeting
• Quarterly Media/Page Input Meetings
• Quarterly Media Revision Meetings

One Firefly will send all meeting requests to the Client’s email and will subsequently follow up with a phone call, also documented in email, within five business days. If the client does not respond to the meeting request within five business days, One Firefly will proceed in execution of the Client’s Content+ or Content++ campaign. This will be done in the interest of maintaining consistency and timeliness of the Client’s marketing efforts. 

5. Evaluation and Acceptance of Work

Once quarterly media swaps have been completed, the Client will have the opportunity to provide input on the work. The Client may only provide feedback on work completed in that calendar quarter within 10 business days of receipt of completion email. Any other edits, or edits requested outside of the 10 day period will be applied to the Client’s 2 hours of quarterly courtesy revision time. 

Media swap revisions are limited to 2 additional swaps per instance. Any additional revisions will be applied to the client’s 2 hours of courtesy edit time.

Once page development has been completed, the Client will have the opportunity to provide input on the work. The Client may only provide feedback on page(s) completed in that calendar quarter within 10 business days of receipt of completion email. If the Client has not provided any feedback during that time, the new page will be taken “live” and published on the Client’s website. If the Client has any revisions outside of the 10 day approval period, they will be applied to the Client’s 2 hours of quarterly courtesy revision time. 

6. Courtesy Revisions

As part of the Content+ and Content++ Plans, the Client will receive 2 hours of courtesy edits per calendar quarter. This time cannot be used retroactively or applied towards future quarters. If revision requests are estimated to take less than 2 hours to complete, One Firefly will make every attempt to complete any requested revisions within 10 business days of request. Any work outside of the standard 2 hours will be billed hourly starting at $165/hour against a retainer that must be placed on account. Production staff will communicate scheduling of retainer work.

7. Expedited Service

In some cases, the Client may wish to begin services earlier than the standard timelines. On this occasion, additional fees will apply. Expedited service will be offered in the following scenarios: 

Scenario 1: 

• Purchase date is within 30 days of the current quarter
• Client provides One Firefly media/onboarding materials prior to last 30 days of the current quarter

Scenario 2:

• Purchase date is within the last 30 days of the current quarter
• Service will commence once onboarding is completed

8. Cancellation

One Firefly’s Content+/Content++ Plan is a 12 month commitment and downgrades or cancellations are only available at the time of renewal. If payment is missed, One Firefly reserves the right to temporarily suspend the client’s website and/or send to a collection agency. 

This agreement is subject to change without notification.

Data Privacy & Data Collection

Both One Firefly and the Client have unique obligations under data privacy laws and regulations such as the General Data Protection Regulation (“GDPR”) and California Consumer Privacy Act (“CCPA”). It is important to define the roles of both parties to protect One Firefly, the Client, and the consumers whose data is being collected.

1. Data Privacy. Where One Firefly’s scope of work includes the use of Client data or information, or consumer information assembled or processed by Client (collectively, “Data”), Client acknowledges and understands that One Firefly’s scope of work does not include ensuring compliance with U.S. federal or international data privacy regulations. The Client will be responsible for providing any and all specifications concerning use of any Data provided to One Firefly, including consistently updating and utilizing any Data Privacy Form provided by One Firefly to Client or a similar document mutually agreed upon by both parties. The Client must also indemnify and hold One Firefly harmless from the Client’s negligence or other failure to comply with applicable privacy or data security laws and regulations, rules, or industry codes and guidelines, including the CCPA or GDPR.

b. Website Data Collection. Where One Firefly’s scope of work includes the design and development and/or maintenance of Client’s website or app, Client acknowledges that Client is solely responsible for compliance with data privacy regulations and laws regarding any Data collected or stored by the website and/or app including, without limitation, the provision of website contracts such as privacy policies and cookie disclaimer, obtaining legal counsel to conduct a legal review of the website or app, and/or adapting additional security and access measures regarding such Data. The Client agrees that One Firefly will not have any responsibility or liability with respect to the Data collected by the website or app, including, without limitation, the management, transfer, protection, or maintenance of the Data.

 Artificial Intelligence

Artificial Intelligence is a new frontier, and One Firefly wants to work with Client to utilize new and innovative technologies. It is important to define the roles and responsibilities of the parties regarding the use of such technology.

1. Ownership. Client understands and agrees that, if Artificial Intelligence technologies (collectively, “AI”) are utilized in the creation of Deliverables, neither One Firefly nor Client will have any ownership rights in the portion of Deliverables that has been generated by AI. Such portions will be treated by One Firefly as though they are public domain works as defined by U.S. Copyright Law.
2. Obligations.

• Client agrees that they can expect AI to likely be utilized in some way for any campaign or deliverable executed by One Firefly. Should Client prefer their campaign to be free of any AI input, they should request this in writing. One Firefly would then have the sole discretion to agree to this request or not.
• Client agrees that if it has utilized AI in the production of any Client materials, it will inform One Firefly in writing which portions or elements of the Client materials have been generated by AI, and it assumes all liability for such materials. Input examples can include logos, copy or other graphic files provided to One Firefly by Client.
• Client warrants that any materials provided by Client to One Firefly whereby One Firefly might utilize AI with such materials, shall be exclusively owned by Client or licensed for such explicit purposes, and input of such materials into the AI shall not infringe upon the rights of any third party, including those of privacy, intellectual property, or confidentiality.

1. Release. Client releases One Firefly from all liability whatsoever with regards to the use of AI in performance of the services, including, without limitation, the materials inputted into the AI and materials outputted from the AI, whether or not such materials are incorporated into the Deliverables.
2. Indemnification. Client indemnifies and holds harmless the One Firefly from any and all third-party claims arising out of (i) a breach of any warranties or obligations made herein and (ii) the use of AI in performance of this Agreement including, without limitation, claims arising from the materials inputted into the AI and materials outputted by the AI. One Firefly’s indemnification obligations concerning Deliverables shall not extend to any portions of materials generated by AI.

 Disclaimer of Responsibility

Please note that while implementing DMARC, SPF, and DKIM significantly reduces the risk of your domain being used for spam or phishing, we cannot assume responsibility for instances where your domain may still be considered spam by some recipients or services. Email deliverability can be influenced by a wide range of factors beyond DMARC implementation, including sender reputation and recipient server policies. It is the domain owner's responsibility to maintain and monitor their email authentication practices to ensure the highest level of email integrity and deliverability.