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Service Level Agreement

Mercury Pro & Atlas/Venus Websites | Last Updated: May 6, 2024

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:

Definitions

One Firefly offers a tiered set of website services, each of which containing a combination of the following services:

  1. Mercury Pro Websites - a multi-page semi-customized website solution that enables technology professionals to present their brand message to the world through mobile-first web design that features the industry’s best luxury lifestyle video, imagery and messaging. Through the use of modular design, clients will have the ability to hand select the layout of their homepage, along with selecting from 60+ industry specific internal pages. This product is typically launched within 60 days.

  2. Atlas Landing Pages - a single landing page for the business desiring to launch a fully integrated marketing strategy while balancing limited financial resources or a primary focus on digital marketing strategies. Atlas landing pages are leased monthly and owned by One Frefly. This product is typically launched within 30 days.

  3. Venus Landing Pages - an affordable HTML webpage solution designed for the business desiring to immediately improve their online presence with an SEO-configured CMS platform that can be quickly deployed, and serve as an excellent foundation for an integrated marketing strategy. This product is typically launched within 7 days

  4. Media Library - Available to Mercury Pro customers, One Firefly media gallery is a repository of industry specific lifestyle videos and photography available for use on websites and digital marketing initiatives.

Mercury Pro Websites

Website Sale, Order & Onboarding

  1. Unless otherwise agreed upon point of sale, the Client will adhere to the following payment schedule at purchase of their new Mercury Pro Website. Failure to meet the following payment terms will result in suspension of production.
    1. 50% of total cost at point of sale
    2. 30% of total cost in 30 days after sale
    3. 20% remaining balance to be paid in 60 days
  2. Following point of sale, the Client will then be scheduled for a Web Order with their Account Executive. During this process One Firefly and the Client will review the Mercury Pro Design Model and select which modules and pages will comprise of his or her new website. Any additional pages selected during this time will then be billed as listed above. Failure to complete this stage of the website process will result in delay in moving the project into production. 
  3. Following the Web Order, the Onboarding Phase must be completed before physical production of a website begins. An onboarding call is scheduled following completion of Web Order and active participation from the Client in this phase is necessary to keep the project on track. Failure to provide the following necessary onboarding materials may result in delay in production.
    1. Logo
    2. Domain Registrar Logins
    3. Google Analytics Permissions (if necessary)
    4. Project / Team images (if specified during web order)



Website Production

  1. During the Production Phase, a web designer will use the information selected during web order and provided during Onboarding to create a first draft of the website. The Production Phase will last 10 business days unless otherwise specified. 
  2. At the completion of the Production Phase, the client will be provided a password protected development link. Once this link is provided, the project will be considered in the Review & Approval Phase and considered financially recognized.

SEO Configuration

In the meantime as your new website is being developed, our team behind-the-scenes will be working on the SEO configuration of your new website. One of our account managers will be developing a list of target keyphrases to optimize your website for based on the content of your new website, as well as how your previous website performed SEO-wise. After those keyphrases are developed and your new website copy is in place and approved based on our discussions, one of One Firefly’s SEO specialists will configure your new website with the previously developed SEO strategy. Please note, though, after that point if you choose to alter your website copy, your Google rankings and SEO performance could be negatively affected. One Firefly will not be responsible for any SEO performance beyond the original work our team performs.

Evaluation & Acceptance

    1. Revisions: The Review and Approval phase is capped at 60 days. If the Client is engaged with our team and providing feedback in a timely manner, it is very likely that this phase will be completed well ahead of 60 days. Nonetheless, 60 day cap on this phase has been placed to ensure the momentum of projects stays on a forward moving trajectory towards completion. The project comes standard with 45 minutes per page of no cost revision time that can be applied anywhere within the site. In this instance, a 8 page website would have 6 hours of Revision Time.
      1. Should you submit all revisions and edits within the 60 day timeframe, we commit to delivering an updated draft of site within 5 business days (unless such revisions require efforts that would exceed the timeframe, in which case we will inform you of the appropriate ETAs).
    2. Revision Classifications: Website revisions are classified in the following manner:
      1. Modification Time:  Modifications or corrections are changes or fixes within the defined scope of the project. Examples are listed below: 
        1. Changing the color of the menu bar
        2. Updating an image
        3. Correcting a broken link
        4. Adjustments to copy
      2. Customization Time: If the Client would like further customizations to the website project, this can also be accommodated. The project comes standard with 10 minutes per page of no cost customizations that can be applied anywhere within the site. In this instance, a 6 page website would have 1 hour of Customization Change Time. When this time allotment is exceeded, client will be billed in 30 minute increments at a rate of $199 USD/hr. Examples of customizations are listed below: 
        1. Changing the layout of a page
        2. Adding a new module
    3. Inactive Status: To ensure the success of a new website project, active feedback and collaboration is necessary to ensure timely project completion and overall client happiness. For this reason, One Firefly aims to complete the website Review and Approval process within 30 days of sending over a first draft. In some cases, a client may not provide any feedback on their website project for more than 90 days. In these scenarios One Firefly will make every attempt to contact the client on a weekly basis including but not limited to the following methods:
      1. Direct email
      2. Zoho email
      3. Phone Call
      4. Cell Phone Call
      5. Text message/WhatsApp
      6. Social media inbox message
      1. If One Firefly is unsuccessful in reaching the client and gathering actionable feedback for more than 90 days, the client will be placed in the INACTIVE status. This will incur the following consequences:
        1. Less frequent reminders about your open website project
        2. A $500 “shelving” fee to restart your project upon re-engagement
        3. Extended revision lead times once project has been restarted based on the current production pipeline
      2. A client may be removed from the INACTIVE status at any time by scheduling a follow up call with their salesperson or web designer.
  • Approval: The website will be approved and thus “Ready for Launch” upon documented approval of the work produced. One Firefly will then work with the Client to set the website “Live”. Due to the nature of the “Going Live” process, One Firefly will not take websites online on a Friday as propagation cannot be monitored over the weekend. 

Client Supplied Imagery

  1. In the event that the Client provide imagery for a website project, the Client assumes all liability that the imagery provided is of appropriate licensing and is safe for use on their website project. 

Project Cancellation

  1. Should a request to cancel the project before final approval occur, the Client will be susceptible to the following: 
    1. If the cancellation request has occurred after the Client has received a first draft of the website, the Client may not receive a refund
    2. If the cancellation request has occurred prior to receiving a first draft of the website, the Client may be provided a partial refund calculated at the number of planned hours in the project not yet completed.

Atlas Websites

Website Sale & Onboarding

  1. Unless otherwise agreed upon point of sale, the Client will adhere to a monthly payment schedule determined by the scope of services ordered. Failure to pay monthly cost will result in the temporary suspension of the page.
  2. Following point of sale, the Onboarding Phase must be completed before physical production of a website begins. An onboarding call is scheduled following completion of sale and active participation from the Client in this phase is necessary to keep the project on track. Failure to provide the following necessary onboarding materials may result in suspension of production.
    1. Logo
    2. Domain Registrar Logins
    3. Google Analytics Permissions (if necessary)
    4. Project / Team images (if specified during web order)



Website Production

  1. During the Production Phase, a web designer will use the information selected during web order and provided during Onboarding to create a first draft of the website. The Production Phase will last 10 business days unless otherwise specified. 
  2. At the completion of the Production Phase, the client will be provided a password protected development link. Once this link is provided, the project will be considered in the Review & Approval Phase and considered financially recognized. 

SEO Configuration

In the meantime as your new website is being developed, our team behind-the-scenes will be working on the SEO configuration of your new website. One of our account managers will be developing a list of target keyphrases to optimize your website for based on the content of your new website, as well as how your previous website performed SEO-wise. After those keyphrases are developed and your new website copy is in place and approved based on our discussions, one of One Firefly’s SEO specialists will configure your new website with the previously developed SEO strategy. Please note, though, after that point if you choose to alter your website copy, your Google rankings and SEO performance could be negatively affected. One Firefly will not be responsible for any SEO performance beyond the original work our team performs.

Evaluation & Acceptance

    1. Revisions: As Atlas serves as a subscription based, landing page solution, the scope of available revisions are limited. Please see a list below for available modifications you can make to your new page:
      1. Changes/ Modifications to website copy (Provided by client)
      2. Swapping Image(s) 
      3. Color theme/ Branding Adjustments
      4. Removing a field
      5. Addition of an Industry badge (Provided by client)
      6. Contact form adjustments (removing a field, updating lead notification email, etc.)
      7. Adding /Adjusting social media button(s)
  • Approval: The website will be approved and thus “Ready for Launch” upon documented approval of the work produced. One Firefly will then work with the Client to set the website “Live”. Due to the nature of the “Going Live” process, One Firefly will not take websites online on a Friday as propagation cannot be monitored over the weekend. 

Future Website Upgrades

  1. Should the Client decide to upgrade to a Mercury Pro website solution at some point in the future, the Client can apply two years with of website payments to One Firefly (not including hosting fees) towards their Mercury Pro website purchase. The price of the Mercury Pro website will be sold at the current market price at the time of the upgrade.
Mercury Pro Websites

Venus Websites

Website Sale & Onboarding

  1. Unless otherwise agreed upon point of sale, the Client will pay 100% of the cost of a Venus Landing page at the point of sale
  2. Following point of sale, the Onboarding Phase must be completed before physical production of a website begins. An onboarding call is scheduled following completion of sale and active participation from the Client in this phase is necessary to keep the project on track. Failure to provide the following necessary onboarding materials may result in suspension of production.
  1. Logo
  2. Domain Registrar Logins
  3. Google Analytics Permissions (if necessary)
  4. Project / Team images (if specified during web order)



Website Production

  1. During the Production Phase, a web designer will use the information selected during web order and provided during Onboarding to create a first draft of the website. The Production Phase will last 10 business days unless otherwise specified. 
  2. At the completion of the Production Phase, the client will be provided a password protected development link. Once this link is provided, the project will be considered in the Review & Approval Phase and considered financially recognized. 

SEO Configuration

In the meantime as your new website is being developed, our team behind-the-scenes will be working on the SEO configuration of your new website. One of our account managers will be developing a list of target keyphrases to optimize your website for based on the content of your new website, as well as how your previous website performed SEO-wise. After those keyphrases are developed and your new website copy is in place and approved based on our discussions, one of One Firefly’s SEO specialists will configure your new website with the previously developed SEO strategy. Please note, though, after that point if you choose to alter your website copy, your Google rankings and SEO performance could be negatively affected. One Firefly will not be responsible for any SEO performance beyond the original work our team performs.

Evaluation & Acceptance

    1. Revisions: Because the purpose of a Venus page is to serve as a temporary launchpad for additional marketing services, the scope of available revisions are limited. Please see a list below for available modifications you can make to your new page:
      1. Changes/ Modifications to website copy (Provided by client)
      2. Swapping Image(s) 
      3. Color theme/ Branding Adjustments
      4. Contact form adjustments (removing a field, updating lead notification email, etc.)
  • Approval: The website will be approved and thus “Ready for Launch” upon documented approval of the work produced. One Firefly will then work with the Client to set the website “Live”. Due to the nature of the “Going Live” process, One Firefly will not take websites online on a Friday as propagation cannot be monitored over the weekend. 

Media Library

Acceptance of Terms
1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that One Firefly may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

1.2 One Firefly LLC may change these Terms of Use from time to time. Your access and use of any media owned by One Firefly LLC will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of www.onefirefly.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

Intellectual Property
2.1 One Firefly LLC remains the sole owner of all right, title, and interest in any and all media associated the Media Gallery product and reserves all rights not expressly granted under these Terms of Use. One Firefly LLC may modify, replace, or discontinue the license or any part thereof at any time, for any reason, with or without notice, in One Firefly’s sole discretion.

2.2 All content on this site and all content associated with the Mercury Pro website product, including but not limited to Images, Footage, Music, and related metadata (collectively the "One Firefly Content"), as well as the selection and arrangement of the One Firefly Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any One Firefly Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and One Firefly, One Firefly does not grant any express or implied permission to use any One Firefly Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer any One Firefly Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with One Firefly Content.

Use of Content Owned by One Firefly
3.1 Use of any Content owned by One Firefly is never inherently permitted. One Firefly has outlined criteria below that identifies the conditions and parameters necessary for limited use-case of accessing, displaying and utilizing One Firefly Content. Only when the below criteria have been met will use be permitted.

3.2 Only Content that One Firefly has labeled “Mercury Pro Website Content” shall be eligible for use by Qualified Client (defined below). No other content, including but not limited to Images, Footage, Music and related metadata is permitted to be used at anytime.

3.3 Qualification for Use. Client will be considered “Qualified” or “eligible” to use content associated with the Mercury Pro product for their One Firefly-sponsored marketing campaigns, only if they have met all of the following criteria:

- Client has purchased and paid in full for a “Mercury Pro” Website.

- Client currently hosts their website with One Firefly (if also intending to use any Video content associated with Mercury Pro Websites.)

If, at anytime, any of the above criteria have not been met or status has changed, a client will not be considered Qualified and thus will not be eligible to use any Content owned by One Firefly.

3.4 Permitted Use of Content by Qualified Clients. Mercury Pro Content may be used for Qualified Client’s campaigns at the sole discretion of One Firefly’s marketing team only for Qualified Client’s marketing initiatives. Qualified Clients will not be permitted to use One Firefly Content for any other purpose, including marketing initiatives not directly related to or associated with One Firefly’s sponsored marketing campaigns, unless given expressed written consent by One Firefly.

Indemnification
4.1 You agree to defend, indemnify and hold harmless One Firefly, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use One Firefly Content, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of the One Firefly Content, or your violation of any rights of another.

Miscellaneous

5.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of Florida. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. One Firefly shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of One Firefly, such action is necessary or desirable.

5.2 These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Florida, without respect to its conflict of laws principles.

5.3 In the event of any conflict between these Terms of Use and any license agreement you enter with One Firefly, the terms of such license agreement shall control.

5.4 These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

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.