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Copyright 2022 AKWMS Inc.
Welcome to our Service Level Agreement (SLA), which sets forth the terms and conditions under which we provide our comprehensive suite of services, including digital marketing, web design and development, coaching, analytics, and software development. This agreement is designed to ensure a clear understanding of our service commitments, fostering a strong and transparent partnership. By accessing and using our services, clients agree to adhere to the terms outlined in this SLA, including any provisions related to confidentiality as governed by our Non-Disclosure Agreement (NDA) and the limitations of liability specified within. Our goal is to provide consistent, high-quality support and service delivery, achieving mutual success and satisfaction.
For the purposes of this Service Level Agreement (SLA), the following terms shall have the meanings specified below:
AKWMS commits to providing a comprehensive suite of services tailored to meet the diverse needs of our clients in the realms of digital marketing, web design and development, coaching, analytics, and software development. Our goal is to empower our clients’ businesses with cutting-edge solutions, strategic insights, and robust support to ensure their success in the digital landscape. Below is a detailed overview of the services offered by AKWMS:
AKWMS offers a comprehensive suite of digital marketing services aimed at enhancing visibility, engagement, and conversions across various digital platforms. These services are meticulously designed to cater to the unique business goals of our clients, ensuring a personalized and strategic approach to digital growth.
Search Engine Optimization (SEO): Implementing best practices to improve organic search rankings and increase website visibility.
Pay-Per-Click (PPC) Advertising: Managing ad campaigns on platforms like Google Ads and Bing Ads to drive targeted traffic.
Social Media Management: Curating and executing strategies across social platforms to engage audiences and build brand presence.
Content Marketing: Creating and distributing valuable content to attract and retain a clearly defined audience.
Email Marketing: Crafting targeted email campaigns to engage and nurture leads.
Digital Strategy Consultation: Providing expert advice to align digital marketing efforts with business objectives.
This SLA does not cover offline marketing activities, printing services, or non-digital advertising channels unless explicitly agreed upon in a separate agreement.
Our digital marketing strategies adhere to industry best practices and are grounded in data-driven analysis. We utilize the latest tools and technologies to ensure efficient and effective campaign management.
We understand that each business is unique. Our team is prepared to tailor digital marketing strategies to fit the specific needs and goals of our clients. Custom services or campaign adjustments can be discussed and implemented as part of our ongoing partnership.
We commit to delivering measurable results through specified service level metrics, including but not limited to website traffic growth, conversion rates, and ROI on ad spend. Detailed performance metrics and benchmarks will be outlined in the “Performance Metrics” section of this SLA.
AKWMS is committed to delivering state-of-the-art web design and development services that encompass the creation of responsive, user-friendly, and visually appealing websites tailored to reflect our clients’ brand identity and achieve their business objectives. Our expertise spans across custom website designs, e-commerce solutions, and ongoing website maintenance, ensuring a robust online presence across all devices.
Custom Website Design: Crafting unique website designs that align with your brand and customer engagement goals.
E-commerce Solutions: Developing comprehensive online stores with user-friendly navigation and secure payment gateways.
Website Maintenance: Providing ongoing support to ensure your website remains up-to-date with the latest content and technology standards.
This agreement does not cover hosting services, domain registration, or third-party services not explicitly mentioned unless such services are included in a customized service package agreed upon in writing.
Our web design and development processes adhere to the latest industry standards, including accessibility guidelines and search engine optimization (SEO) best practices. We leverage cutting-edge technologies and responsive design principles to ensure high performance and compatibility across devices and browsers.
Understanding that every business has unique needs, we offer flexible web design and development solutions that can be customized to meet specific client requirements. Whether you need a simple website refresh or a complex e-commerce platform, our team is ready to tailor our services to fit your vision.
We are dedicated to delivering exceptional quality and performance in all our web design and development projects. Key performance indicators, such as page load speed, mobile responsiveness, and user engagement rates, will be monitored and reported as part of our commitment to your success. Detailed metrics and performance targets will be outlined in the “Performance Metrics” section of this SLA.
As part of our web design and development service, AKWMS reserves the right to include a ‘Designed by AKWMS’ attribution in the footer of the client’s website, accompanied by a do-follow link to the AKWMS website. This attribution serves as a testament to the quality of work and partnership between AKWMS and its clients. It will be implemented in a manner that is both aesthetically pleasing and minimally intrusive to the overall design and functionality of the website. Clients may discuss any concerns or requests for modification or removal of this attribution with AKWMS, which will be considered on a case-by-case basis.
The term “Completion” regarding web design and development projects undertaken by AKWMS is defined by the following criteria:
Public Access: A project is considered completed when the client requests that the developed site be made accessible to its customers. This includes instances where the site is partially published and the remaining portions are subsequently made public to its customers.
Written Confirmation: Completion is also achieved when the client has indicated in writing, via email, that they are satisfied with the design and functionality of the site and have no further revisions to request.
AKWMS prides itself on delivering high-quality web design and development services, including offering the flexibility of revisions to ensure client satisfaction. However, to maintain fairness and efficiency in our operations, we outline the following policies:
Completion and Acceptance: Upon the completion of a project, clients are given a specified period to review the work and request any final adjustments. This period is typically 30 days after project delivery. Once this period has elapsed, or the client has provided written acceptance of the work, the project is considered finalized.
Post-Completion Requests: Requests for fixes, changes, or additional features made months or years after a project’s completion fall outside the scope of the original project agreement. While we are happy to assist with ongoing development and maintenance, such requests will be considered new projects and subject to current pricing and scheduling availability.
Unlimited Revisions Policy: While AKWMS offers “unlimited revisions” within the development phase to ensure client satisfaction, this offering is subject to a reasonable use policy. Revisions are defined as minor adjustments or changes that do not deviate significantly from the original project scope or agreed-upon design and functionality.
Reasonable Use: We define reasonable revisions as adjustments that contribute to the completion of the project as initially scoped, without fundamentally altering the design, content, or functionality after approval has been given.
Limitations on Revisions: In cases where revision requests are deemed excessive or beyond the scope of reasonable use, potentially delaying project completion or impacting project cost, AKWMS reserves the right to limit revisions or propose an adjusted project scope and associated costs. This measure is to prevent project stagnation and ensure that we can continue to provide timely and fair service to all clients.
Clients are encouraged to discuss their needs and expectations openly with us throughout the development process. This collaborative approach helps ensure that the project aligns with the client’s vision while adhering to agreed timelines and scopes.
AKWMS provides targeted coaching services designed to enhance our clients’ capabilities and understanding in the realms of digital marketing and web development. Our aim is to equip clients with the knowledge, strategies, and tools necessary for effectively managing and growing their online presence.
Digital Marketing Strategies: Guidance on creating and executing effective digital marketing campaigns across various platforms.
Website Optimization: Best practices for improving website performance, user experience, and search engine rankings.
Content Creation: Techniques for developing engaging and valuable content tailored to your audience and objectives.
Analytics Interpretation: Training on how to use analytics tools to track performance, understand visitor behavior, and make data-driven decisions.
Our coaching services focus on digital marketing and web development skills. They do not include technical IT support, software development training, or in-depth financial advisory services unless specifically requested and agreed upon.
We employ a structured yet flexible coaching approach, utilizing the latest educational tools and resources. Our methodologies are based on proven strategies and are continuously updated to reflect the latest trends and best practices in the industry.
Recognizing the diverse needs of our clients, we offer customized coaching sessions that can be tailored to the specific goals and skill levels of each client. Whether you are looking to build foundational knowledge or refine advanced skills, our coaching services can be adapted to meet your needs.
Success in our coaching services is measured by the tangible improvements in our clients’ digital marketing efforts and web development projects. Client feedback and the application of learned strategies to real-world scenarios serve as key indicators of the effectiveness of our coaching.
Understanding the critical role of data-driven decision-making in today’s digital landscape, AKWMS offers comprehensive analytics services. Our aim is to empower clients with the insights needed to optimize their digital marketing strategies and enhance website performance. Through detailed data analysis, we provide actionable recommendations to drive business growth and improve ROI.
Analytics Setup: Configuration of analytics tools such as Google Analytics, Google Tag Manager, and social media insights for comprehensive tracking of user engagement and behavior.
Custom Reporting: Development of tailored reports that align with clients’ specific business goals, offering insights into traffic patterns, conversion rates, and other key performance indicators.
Data Analysis and Recommendations: In-depth analysis of collected data to identify trends, opportunities for improvement, and strategies for increased efficiency and effectiveness.
This SLA does not cover data analysis for platforms or tools not set up by AKWMS or third-party data analysis services unless explicitly agreed upon in a separate agreement.
Our analytics services are grounded in best practices for data collection, privacy compliance, and ethical data use. We ensure accuracy and relevancy in the data provided, employing the latest tools and technologies for data analysis.
We recognize the unique needs of each client and offer customized analytics solutions designed to meet those needs. Whether you require basic traffic analysis or in-depth conversion tracking, our team is equipped to provide the insights you need to make informed decisions.
The effectiveness of our analytics services is measured by the clarity, accuracy, and actionable nature of the insights provided. We commit to delivering reports that are not only comprehensive but also understandable and directly applicable to your business objectives.
AKWMS provides custom analytics tracking and integration services tailored to client needs. However, AKWMS does not warrant the ongoing compatibility of these configurations or integrations beyond 30 days post-implementation. Given the dynamic nature of digital platforms, updates or restrictions by third-party platforms may render previous configurations incompatible. In such cases, AKWMS is not responsible for fixing or updating these custom analytics configurations. Clients are encouraged to contact AKWMS for assistance or updates, which may be subject to additional charges.
AKWMS specializes in custom software development, offering bespoke solutions designed to meet the unique requirements of our clients. Our services encompass a wide range of software engineering disciplines, from custom application development to comprehensive software consulting and integration. By focusing on scalability, security, and efficiency, we ensure that our software solutions not only support our clients’ business processes but also enhance their operational effectiveness.
Custom Application Development: Crafting tailor-made software applications that address the specific challenges and objectives of your business.
Software Consulting: Providing expert advice to optimize your software infrastructure, improve workflows, and implement best practices in software development.
Integration Services: Seamlessly integrating new software solutions with existing systems to enhance functionality and user experience.
This agreement does not cover hardware procurement, third-party software licenses not directly related to development work undertaken by AKWMS, or training on software development practices unless specifically agreed upon.
Our development process adheres to industry-leading standards and methodologies, such as Agile and DevOps, to ensure timely delivery, high quality, and adaptability to changing requirements. We employ rigorous testing and quality assurance practices to deliver reliable and robust software solutions.
Recognizing the diverse needs of our clientele, AKWMS offers highly customizable software development services. We work closely with our clients to understand their specific requirements and tailor our solutions accordingly, ensuring that the final product aligns with their vision and business goals.
The success of our software development services is measured against clearly defined performance metrics, including project delivery timelines, software quality indicators (such as bug rates and uptime), and client satisfaction levels. These metrics are agreed upon at the outset of the project and monitored throughout the development lifecycle to ensure accountability and excellence in service delivery.
AKWMS provides warranties specific to each software development project, detailed within the project scope documentation. Unless explicitly stated in the project scope, AKWMS shall not be held liable for issues related to the software once 48 hours have passed following client acceptance of the project. Acceptance is defined as one or more of the following: approving the final testing without requesting revisions for more than 7 days, paying the final invoice, or migrating the software from its development environment. Furthermore, if a client removes AKWMS’s access to the software’s backend or server environment, it will be considered as acceptance of the software, with the final invoice due immediately.
Software developed and deployed by AKWMS must be utilized in a manner that is fully compliant with our Accepted Use Policy. This includes ensuring that the software’s operation does not infringe upon any laws or regulations and adheres to standards of ethical use. AKWMS reserves the right to discontinue support or require modifications to software that is found to be in violation of this policy.
AKWMS offers a comprehensive range of hosting services designed to meet the diverse needs of our clients, ensuring high-performance, security, and reliability for their online presence. Our hosting solutions include Managed WordPress Hosting, Shared Web Hosting, Dedicated Web Hosting, and Virtual Private Servers (VPS), each tailored to support the specific requirements and scalability needs of our clients’ websites and applications.
Managed WordPress Hosting: Optimized for WordPress websites, offering enhanced performance, security updates, and regular backups.
Shared Web Hosting: Cost-effective hosting solutions on a server shared with other clients, suitable for small to medium-sized websites.
Dedicated Web Hosting: Dedicated server resources for your website, offering maximum control, performance, and security.
Virtual Private Servers (VPS): A scalable and customizable hosting option that provides a virtualized server for greater flexibility.
In certain marketing arrangements, hosting may be offered at no additional cost or may not be listed as a specific billed service. These special arrangements are designed to provide added value to our comprehensive marketing services, ensuring clients receive optimal support for their online operations.
Hosting Services Security and Liability Provisions:
AKWMS strives to maintain the highest standards of security on all our hosting servers to protect our clients’ websites. However, clients play a critical role in maintaining the security of their own sites. The following provisions outline our policies regarding compromised sites hosted on our servers and our rights to manage access for security purposes.
Client Responsibility: Clients are responsible for ensuring that their websites are secure and do not engage in practices that could compromise their site’s security. This includes, but is not limited to, the secure configuration of their website, the use of strong passwords, keeping software and plugins up to date, and avoiding the installation of untrusted third-party applications.
Liability for Compromised Sites: If a client’s site hosted on AKWMS servers is compromised due to the client’s actions or negligence, AKWMS will not be held liable for the compromise or any resulting damage. While AKWMS will provide assistance in addressing the issue, any costs associated with the remediation of the site, including but not limited to, cleaning malware, restoring data, and strengthening site security, will be the client’s responsibility.
Server Security Measures: AKWMS reserves the right to implement necessary security measures to protect our hosting environment and other clients’ websites. This may include restricting access to certain ports, blocking IP addresses or IP ranges, or denying access from specific countries to ensure the integrity and security of our servers. These measures are taken solely for the purpose of maintaining server security and protecting clients’ websites from unauthorized access or attacks.
Forced Migration for Security: In cases where a client’s site is repeatedly compromised or poses a significant security risk to our hosting environment, AKWMS reserves the right to migrate the site to a different hosting environment or terminate hosting services. The client will be notified of such actions and given options for migration if applicable.
Hosting Standards and Requirements
Compliance with Hosting Standards
The Client agrees to comply with all hosting standards and requirements set forth by the Service Provider when hosting web applications, websites, or scripts. This includes, but is not limited to, the requirement for all DNS records for applications/websites on our servers to be proxied through Cloudflare.
Notification of Non-Compliance
If the Service Provider identifies that the Client is not in compliance with the hosting standards, including but not limited to the use of Cloudflare for proxied DNS records, the Service Provider will notify the Client of this non-compliance via email.
Timeframe for Correcting General Compliance Issues
The Client will have 31 days from the date of the email notification to correct general compliance issues. The Service Provider agrees to provide reasonable assistance to help the Client achieve compliance.
Timeframe for Urgent Compliance Issues
In cases where non-compliance poses an immediate threat to the security or stability of the Service Provider’s hosting environment, the Client will have 7 days from the date of the email notification to correct the issue.
Consequences of Non-Compliance
If the Client fails to achieve compliance within the specified timeframes, the Service Provider reserves the right to migrate the Client’s application/website to a dedicated environment. The Client acknowledges that this migration may result in increased costs, decreased performance, or both, and agrees to bear any additional expenses.
Inability to Complete Migration
In situations where the Service Provider is unable to complete a migration of the Client’s application/website due to access restrictions, lack of necessary permissions, or non-communication from the Client, the following process will be implemented:
Initial Notification
The Service Provider will notify the Client via email detailing the issue and requesting immediate action to facilitate the migration process.
Reminder Notification
If no response is received, a reminder notification will be sent 7 days after the initial notification.
Final Warning
If the issue remains unresolved, a final warning will be sent 14 days after the initial notification, informing the Client of the impending interruption to their service.
Service Suspension
Should there be no resolution 14 business days after the initial notification, the Client’s services will be suspended. During this suspension period, the Client will have an additional 14 days to resolve the issue and communicate with the Service Provider to prevent service termin
If the Client fails to respond or resolve the access issues within the 14-day suspension period, their services will be terminated.
13. Reactivation of Services
Reactivation of services after suspension or termination may incur additional fees, and is subject to the Service Provider’s standard rates and terms of service at the time of reactivation.
a. Lawful Use of Services
The Client is responsible for ensuring that their application, software, or service provided by AKWMS is used in a lawful manner. The Client agrees not to use the services for any activities that are illegal or that pose a threat to national security.
b. Termination for Illegal Activities or Security Threats
AKWMS reserves the right to immediately terminate hosting or servicing of any application, software, or service if it is used for illegal activities or poses a threat to national security. This termination can occur without prior notice to the Client in cases where AKWMS deems the risk to be significant.
c. Client’s Liability
In the event that the Client’s use of the application, software, or service leads to illegal activities or security threats, the Client agrees that they cannot hold AKWMS liable for any consequences of such activities. The Client is solely responsible for the legal and ethical use of the services provided.
d. Notification of Termination
AKWMS will notify the Client of the termination of services as soon as practicable, considering the nature of the perceived threat or illegal activity.
e. Exemption for Service Maintenance Agreements
Clients who are under a comprehensive “Service Maintenance Agreement” with AKWMS are exempt from immediate termination under this section. For these clients, AKWMS will work closely with the client to address and rectify any legal or security issues, in compliance with the terms of the specific Service Maintenance Agreement. However, in cases of severe violations or threats, immediate termination may still be enforced at the discretion of AKWMS.
a. Immediate Threats to Persons and Child Endangerment
AKWMS maintains a zero-tolerance policy regarding activities that pose immediate threats to persons or involve child endangerment, including the creation or sharing of explicit images of children. In such cases, AKWMS will proactively report to and cooperate with law enforcement authorities, including providing relevant data without the need for a formal court order or subpoena.
b. Assessment of Law Enforcement Requests
For requests from law enforcement related to other situations, AKWMS will assess the request’s urgency and legitimacy. This assessment will consider the nature of the request, the potential impact on client confidentiality, and legal requirements.
Urgent Situations
In cases where a law enforcement request is deemed urgent and demonstrates a clear and immediate risk, AKWMS may provide necessary data following an internal review process.
Standard Situations
For standard law enforcement requests that do not indicate an immediate risk, AKWMS will require a formal court order or subpoena before disclosing any client data.
c. Client Notification
AKWMS will notify the client of any law enforcement request involving their data, unless such notification is prohibited by law or could compromise an ongoing investigation.
d. Legal Compliance and Confidentiality
In all interactions with law enforcement, AKWMS will comply with applicable laws and regulations, ensuring that client confidentiality is upheld to the extent permissible by law.
e. Record-Keeping of Law Enforcement Interactions
AKWMS will maintain records of all law enforcement interactions, including requests for client data and the company’s responses, to ensure transparency and accountability.
f. Data Handling and Security
In any law enforcement cooperation, data security and confidentiality will be maintained, with data provided only as necessary and legally permitted for the specific law enforcement purpose.
g. Emergency Situations
In emergency situations where there is an immediate risk of harm, AKWMS may act swiftly to provide assistance to law enforcement, within the bounds of legal requirements.
e. Non-Emergency Requests Requiring a Court Order
For non-emergency requests that do not present an immediate risk, AKWMS will adhere strictly to the policy of requiring a court order or subpoena, ensuring the client’s legal rights and privacy are upheld.
a. Right to Request Information
AKWMS acknowledges the importance of transparency in its interactions with law enforcement agencies. Therefore, individuals or entities, subject to legal and contractual limitations, may request information regarding AKWMS’s law enforcement interactions that pertain to their data or services.
b. Procedure for Requesting Information
Submission of Requests
All requests for information regarding AKWMS’s law enforcement interactions must be submitted in writing to the designated email address: [email protected].
Content of the Request
The request should clearly specify the details and information sought, along with the relevant time period for which the information is requested.
Proof of Authorization
To process the request, the individual or entity must include proof of their authorization to obtain such information on behalf of their company. This could include a letter of authorization or other relevant documentation verifying their capacity to request and receive the information.
Response Timeframe
AKWMS will review and respond to each request within a reasonable timeframe, considering the constraints of confidentiality, ongoing legal processes, and client privacy obligations. The complexity and scope of the requested information may affect the response time.
c. Limitations on Information Disclosure
Disclosure of information will be subject to applicable laws, including privacy and confidentiality regulations. AKWMS reserves the right to withhold certain information if:
The disclosure would violate legal obligations or court orders.
The information pertains to ongoing investigations or legal proceedings.
The disclosure would compromise privacy rights or corporate confidentiality policies.
d. Review and Compliance
AKWMS will review each request for information diligently and will comply with applicable legal standards in responding to such requests.
e. Transparency Report
AKWMS may, at its discretion, periodically publish a transparency report summarizing the nature and volume of law enforcement requests received and responded to, in a manner that does not compromise individual privacy or ongoing legal proceedings.
AKWMS is committed to ensuring the security and integrity of data for our VPS and Dedicated hosting clients. Backups are conducted monthly, specifically on the 28th day, to provide a safety net against data loss. We maintain two months’ worth of backups to offer a reasonable restoration window. Clients in need of a restoration can request this service by emailing [email protected]. AKWMS guarantees the completion of the restoration process within 72 hours of the request, ensuring minimal disruption to client operations.
Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. AKWMS is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.
All clients utilizing our Hosting Services are required to adhere to the AKWMS Accepted Use Policy. This policy outlines permissible use cases, restricted activities, and general conduct to ensure the security and reliability of our hosting environment. Violations of this policy may result in corrective action from AKWMS, up to and including suspension or termination of hosting services. Clients are encouraged to review the Accepted Use Policy in detail to ensure full compliance.
AKWMS offers an extensive Website Management service designed to provide our clients with peace of mind and the assurance that their websites are in expert hands. Our dedicated team of developers is committed to maintaining the optimal performance, security, and functionality of our clients’ websites, fulfilling requests and implementing changes as needed.
Dedicated Developer Team: Access to a team of experienced developers who manage and maintain your website.
Request Fulfillment: Efficient handling of changes and requests from the client within the scope of the chosen maintenance plan.
For detailed information on our website maintenance plans, please visit AKWMS Website Manager at https://akwms.com/website-manager/.
If a client’s request exceeds the allotted hourly time within their maintenance plan, AKWMS will provide notification of the additional hours required. Work on the request will not proceed until the client approves the additional hours in writing. While AKWMS may occasionally choose not to bill for additional hours, this discretion does not guarantee similar considerations for future requests.
Clients have the option to continue with their hosting services upon the termination of a marketing arrangement. Current pricing and details for continuing hosting services can be found at AKWMS Hosting Services: (https://akwms.com/hosting). We are committed to transparency in our pricing and will provide all necessary information for clients to make informed decisions regarding their hosting needs.
DNS Accessibility: DNS must be accessible to AKWMS at all times. Removal of DNS access by the client grants AKWMS the right to immediately halt service until access is restored.
DNS Management: DNS must be proxied via Cloudflare (either a free or paid account) controlled by the client with access provided to [email protected], or managed within AKWMS’s company account with client access. AKWMS commits to ensuring reasonable client access to their DNS without interruption.
Proxied Records: All DNS records pointing to a server managed by AKWMS must be proxied. Changes to proxy settings by the client may lead to immediate service cessation. Traffic surges due to such changes may result in overage fees billed to the client.
Security: AKWMS reserves the right to implement security measures, including the use of premium plugins, to ensure website security. These measures may include traffic restrictions, administrative URL changes, interactive challenges for site visitors, traffic blocking from certain countries (approved by the client), and restricted access to specific files or settings.
If services are canceled, any premium plugins provided by AKWMS will be disconnected from our license. Clients may continue using these plugins at a fee.
This Website Management service is designed to offer comprehensive support and maintenance for your website, ensuring it remains secure, functional, and aligned with your business objectives.
In extreme circumstances where additional hours are required to maintain the website or fix critical errors that are a direct result of actions taken by the client, previous developers, theme developers, plugin developers, or due to initial poor development of those assets, there may be additional costs. AKWMS is committed to transparency and will notify the client of any anticipated overages before commencing the work. Work will not continue until the client has approved the additional costs in writing. This ensures that clients are always in control of their website management expenses and are informed of any potential additional charges.
Client Disclosure Requirement:
Before initiating Website Management Services, clients are required to disclose to AKWMS if their site is currently compromised or has ever been hacked. Failure to disclose this information grants AKWMS the right to stop services at any time without prior notice.
If AKWMS discovers that a client’s site has been compromised, and the client was unaware of the compromise, AKWMS will inform the client of the discovery within 72 hours. Initially, we will notify the client of what we have found regarding the compromise. Should the client request more information or a deeper investigation into the matter, AKWMS and its security partners will provide a project quote for the continued exploration and remediation efforts.
In the event of a compromise involving sensitive customer data, AKWMS will notify the client of the specific data compromised. It is then the client’s responsibility to inform affected customers in accordance with Federal and State laws. While AKWMS and its partners are not responsible for disclosing the breach to customers, we can assist the client in the disclosure process.
If a client chooses not to disclose a breach of sensitive customer data to their customers, AKWMS and its partners will not be held responsible. Furthermore, AKWMS and its partners retain the right to refuse to remedy a hacked site if the client refuses to disclose the event to its customers or refuses to allow AKWMS and its partners to address the hack in a lawful and proper manner.
AKWMS is dedicated to maintaining the highest standards of website security for all our clients. However, if a client refuses to allow the implementation of necessary security measures as outlined by AKWMS, we retain the right to stop service immediately to protect the integrity of our services and other clients’ security.
In the event that a client’s site managed by AKWMS is compromised due to actions taken by the client or through the use of third-party plugins, extensions, code, or any other software/integrations, the client agrees to a base remediation fee of $999. This fee covers initial efforts to address and remediate the compromise. Should additional work be required to fully remediate the compromise, the client will be responsible for these costs, not to exceed a total of $5,000 unless otherwise agreed upon in writing. Actions by the client that could lead to such a compromise include, but are not limited to, installing unauthorized plugins, adding or altering files, use of insecure passwords, or sharing of passwords.
It should be noted that unless explicitly stated within a specific project scope, AKWMS and its partners do not guarantee the recovery, reliability, or integrity of all data impacted by a breach.
In the event that AKWMS decides to cease services due to security concerns or refusal by the client to comply with recommended security measures, we will initiate a “Forced Migration” process. This process is outlined as follows:
Notification: AKWMS will notify the client of the decision to stop services and begin the migration process within 72 hours.
Client Decision Period for Hosting: The client will have 12 hours to select a new hosting company for their site migration. If a selection is not made within this timeframe, AKWMS will choose a hosting company on behalf of the client. AKWMS will cover the cost of the first month of hosting, provide the client with the credentials for the new hosting account, and include the cost of this first month of hosting in the client’s final invoice.
Migration Assistance: AKWMS will assist in migrating the client’s site to the chosen hosting platform. This assistance is designed to ensure a smooth transition and minimize downtime.
Additional Costs: Transitioning large or complex sites may incur additional costs. These will be communicated upfront to the client.
Review Period: After the migration, the client will have 48 hours to review the newly migrated site and request any necessary assistance from AKWMS regarding migration-related issues.
Post-Migration Responsibilities: Following the 48-hour review period, AKWMS and its partners will no longer be responsible for the functionality of the website or its performance in the new hosting environment. Additionally, AKWMS and its partners are not responsible for fixing issues that are a direct result of the site being compromised prior to the forced migration.
AKWMS is committed to supporting our clients through all phases of their online presence, including the transition to another hosting environment should the need arise. If a client wishes to move their website or application to a different hosting service, AKWMS will assist their new host in the migration process to ensure a smooth and efficient transition.
Please note that while we strive to make this process as seamless as possible, certain applications or software may incur a fee depending on the size and complexity of the assets being migrated. This fee compensates for the resources required to ensure a successful transfer and will be communicated transparently before any migration begins.
Our goal is to provide flexibility and support to our clients, even beyond our hosting service, to ensure their continued success online.
By offering a variety of hosting solutions, AKWMS ensures that clients can select the service that best fits their requirements, benefiting from our expertise and support to maintain a strong and secure online presence.
Recognizing the critical nature of data integrity, AKWMS implements a rigorous backup schedule tailored to the needs of our clients. E-commerce clients benefit from daily backups, safeguarding transactional data, while other websites receive weekly backups, striking a balance between protection and resource optimization. We retain up to four previous backups, providing a robust restoration capability. Clients needing to restore their site to a previous state can initiate this process by contacting [email protected], with a commitment from AKWMS to complete restorations within 24 hours.
Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. AKWMS is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.
For websites under our management, AKWMS may include a ‘Powered by AKWMS’ attribution in the website’s footer, linked to our homepage via a do-follow link. This serves to highlight the ongoing support and expertise provided by AKWMS in maintaining the website’s performance and security. This attribution will be placed in a manner that respects the website’s design and the client’s branding. Should the client wish to discuss the specifics or opt out of this attribution, we welcome open communication to find a suitable solution.
This section outlines the comprehensive financial arrangements between AKWMS and the Client, including compensation for services, payment schedules, and policies regarding expenses and reimbursements. It is designed to ensure transparency, fairness, and alignment with the Client’s business objectives and the value delivered by AKWMS.
Monthly Billing: AKWMS bills all digital marketing services on a month-to-month basis, offering flexibility for clients to adjust their marketing strategies and investments as needed.
Cancellation Policy: Clients can cancel their marketing programs at any time. Upon cancellation, all outstanding payments for services rendered up to the point of cancellation become due immediately, ensuring fair compensation for AKWMS.
Initial Setup Charges: Some marketing programs may require an initial setup charge, which will be communicated and agreed upon before the commencement of services.
Payment Schedule: Payments are typically structured as a 50% deposit at the start of the project, with the balance due upon completion. This structure commits both parties to the project’s success.
Amortized Payments: AKWMS may offer the option to amortize the final payment over a specified period for larger projects, providing flexibility to meet the Client’s budgeting needs while ensuring fair compensation for AKWMS.
Custom Payment Terms: Payment terms for software development projects are defined based on the project’s scope, complexity, and duration, ensuring clarity and mutual understanding of payment expectations.
Monthly Billing Cycle: AKWMS bills for hosting services on the first of each month, providing a consistent schedule for clients to manage their hosting expenses.
Payment Terms: Clients are given 10 days from the 1st of each month to settle their hosting service invoice. This ensures a brief yet sufficient window for payments to be made without incurring late fees.
Overage Charges: Should there be overages due to excess bandwidth or storage usage, clients will be informed and billed accordingly for the additional resources consumed.
Security Remediation Fee: In the event of a site compromise attributable to client actions or negligence, a base remediation fee of $999 applies, with potential additional costs up to $5,000 for comprehensive remediation efforts. These costs will be itemized and invoiced to the client for payment.
Monthly Billing: Similar to digital marketing services, website management services are billed on a month-to-month basis, allowing for flexibility in service adjustments.
Revision Policy and Associated Costs: While AKWMS offers “unlimited revisions” within reason, extensive revisions deemed beyond the scope of the original agreement may incur additional charges. Such charges will be communicated to the client for approval before proceeding.
Invoicing: AKWMS invoices the Client monthly for ongoing services or as agreed for project-based work, detailing the services provided, any pre-approved expenses, and the total amount due.
Payment Due Date: Payments are due within 15 days of the invoice date. A late fee of 18% applies to invoices not paid by the due date, promoting timely payments.
Accepted Payment Methods: Clients can make payments via credit card, bank transfer, check, ACH, or other pre-approved methods, offering convenience and flexibility.
In scenarios where payments are amortized, AKWMS includes protection clauses to address situations like corporate acquisitions or significant business changes on the Client’s side, ensuring AKWMS is fairly compensated.
Pre-Approved Expenses: Expenses incurred beyond standard service fees require prior written approval from the Client and will be itemized in invoices for reimbursement.
Unexpected Expenses: AKWMS will seek approval for any unforeseen expenses necessary for project completion, maintaining transparency and budget adherence.
This “Financial Terms and Conditions” section ensures a clear understanding of all financial obligations, rights, and procedures between AKWMS and the Client, covering service compensation, payment terms, and expense handling in a comprehensive and transparent manner.
If you discover an error on your invoice please notify us as soon as possible by either calling or submitting a ticket to our Billing Department at billing(at)akwms.com (replace at with @). We will honor invoice errors as long as we are notified of them within ninety (90) days. If more than ninety (90) days have elapsed we may decline the refund request. If a refund is in order it will go onto your account as a service credit to be used on a future invoice. Service credits have no cash value
If at any time you have questions or concerns regarding a charge from AKWMS, please contact us or submit a ticket at clients.akwms.com. Any received chargebacks will incur a fifty dollar ($50) investigation fee on the associated billing account and all services will be immediately suspended pending investigation. AKWMS may reject the future use of payment methods from an account for which a chargeback has been previously issued. Upon receipt of a chargeback or payment reversal, the account related to the payment may be suspended or terminated.
Vat Tax Canary Island (Las Palmas), Spain residents are considered “tax exempt” and are not charged a VAT Tax.
This section outlines the obligations of both AKWMS and the Client regarding the use and protection of confidential information exchanged during the provision of services under this agreement. The purpose is to protect the proprietary information, trade secrets, and other sensitive data of both parties.
Confidential Information includes, but is not limited to, business strategies, client lists, technology, specifications, documentation, business practices, and any other information disclosed by either party that is either marked as “confidential” or reasonably should be considered confidential given the nature of the information and the circumstances of disclosure.
Non-Disclosure: Both parties agree not to disclose any Confidential Information to third parties without the prior written consent of the disclosing party, except as required by law or court order.
Protection of Confidential Information: Each party agrees to take all reasonable steps to protect the other’s Confidential Information from unauthorized use, dissemination, or publication. Such steps shall be no less rigorous than those used to protect their own confidential information of a similar nature.
Use of Confidential Information: Confidential Information shall be used solely for the purpose of fulfilling the obligations under this agreement and not for any other purpose without the express written consent of the disclosing party.
The obligations of confidentiality shall not apply to information that:
Is or becomes publicly known through no breach of this SLA by the receiving party;
Is received from a third party without breach of any obligation of confidentiality;
Is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
Upon termination of this agreement, or upon the disclosing party’s request at any time, the receiving party shall promptly return all copies of Confidential Information received from the disclosing party or certify in writing that all such material has been destroyed.
AKWMS is dedicated to providing timely and responsive support to our clients. We commit to a response time of within 24 business hours for all client inquiries and requests. For web management and software development clients experiencing emergencies, we offer an immediate response protocol to ensure that critical issues are addressed promptly and effectively.
Effective and efficient communication is paramount to the success of the services provided by AKWMS to the Client. To ensure clarity, responsiveness, and a high level of service, the following communication channels and protocols are established:
Response Time: AKWMS commits to responding to all client inquiries and requests within 24 business hours. This commitment applies to communications received via our designated email addresses, phone calls, or any officially recognized communication channels.
Primary Communication Channel: Email is our primary channel for formal communications, project updates, and service requests. This ensures that there is a clear, documented trail of all interactions, which is essential for accountability and reference. Clients are encouraged to use [email protected], or [email protected] for all such communications.
Secondary Communication Channels: While email is preferred for its clarity and traceability, we understand the need for more immediate or informal interactions. As such, AKWMS also supports communication via phone calls and, in some cases, text messaging or instant messaging platforms for quick queries or updates. However, any critical decisions or requests should be followed up with an email confirmation for record-keeping purposes.
Immediate Attention: For emergencies, especially those related to web management and software development, AKWMS provides an immediate response protocol. Clients facing critical issues should first send an email to [email protected] with a clear subject indicating the emergency nature of the issue. Following the email, clients are encouraged to call their dedicated account representative to ensure the matter is escalated promptly.
Response Time: AKWMS commits to initiating a response to emergency communications within 30 minutes during business hours, ensuring that critical issues are addressed with the urgency they require.
Scheduled Updates: For ongoing projects or services, AKWMS will provide regular updates via email or scheduled calls, as agreed upon in the project scope or service agreement. This ensures clients are kept informed of progress and any issues that may arise.
Strategic Meetings: Periodic meetings can be scheduled to discuss project progress, review analytics, strategize on future initiatives, or address any concerns. These meetings can be conducted over the phone, via video conferencing, or in person, as per the client’s preference and convenience.
Clarity and Conciseness: To ensure effective communication, both parties commit to being clear and concise in their messages, whether via email, SMS, or phone.
Respect for Time: Recognizing the value of time, both AKWMS and the Client agree to respect each other’s time by being punctual for scheduled calls/meetings and responsive to communications within the agreed timeframes.
AKWMS recognizes the critical nature of certain situations that may arise during the course of providing digital marketing, web design and development, coaching, analytics, and software development services. To address such emergencies promptly and efficiently, the following protocol has been established:
An emergency is defined as any issue that critically impacts the Client’s operations, security, or accessibility to essential services, including but not limited to:
Website downtime or significant performance issues
Security breaches or suspected unauthorized access
Critical software failures that impact business operations
Issues that directly impact revenue
Email Notification: In the event of an emergency, the Client is to immediately notify AKWMS by sending an email to [email protected]. The subject line should begin with “Urgent: “ or “Emergency”
Content of the Email: The email should provide a concise yet comprehensive description of the issue, including any relevant details that could aid in the diagnosis and resolution of the emergency. If possible, include screenshots, error messages, or other documentation.
Follow-Up Communication
Phone Call: After sending the email, the Client should follow up with a phone call to their dedicated account representative or the AKWMS emergency contact number provided in the service agreement. This ensures the issue is immediately escalated within AKWMS.
Information to Provide: During the call, be prepared to provide any additional information that may not have been included in the email, discuss the impact of the issue, and communicate any critical timelines for resolution.
Acknowledgment of Receipt: AKWMS commits to acknowledging receipt of the emergency communication within 30 minutes during business hours. This acknowledgment will confirm that the issue is being addressed and provide an estimated timeframe for resolution, if possible.
Ongoing Updates: AKWMS will provide regular updates to the Client on the status of the resolution process. The frequency of these updates will be determined by the severity and complexity of the issue but is typically on an hourly basis for critical emergencies.
Resolution and Review: Once the emergency has been resolved, AKWMS will provide a detailed report to the Client outlining the cause of the issue, the steps taken to resolve it, and any measures implemented to prevent future occurrences. A review meeting may also be scheduled to discuss the incident and any further actions required.
24/7 Support: For clients with 24/7 support agreements, AKWMS provides an after-hours contact procedure, which will be detailed in the individual service agreement. This ensures that emergencies are addressed promptly, regardless of the time of day.
This “Emergency Communication Protocol” is designed to ensure that any critical issues are addressed with the urgency and attention they require, minimizing impact on the Client’s operations and maintaining the integrity of their digital assets.
This section of the Service Level Agreement (SLA) outlines the ownership and rights associated with intellectual property (IP) and digital assets created or managed as part of the services provided by AKWMS to the Client. Digital assets include, but are not limited to, software, websites, graphics, videos, and other marketing materials.
Software and Websites: AKWMS retains ownership of software and websites developed for the Client until the final payment for these digital assets is received. Upon completion of the payment schedule, full ownership of these digital assets, along with the associated intellectual property rights, will be transferred to the Client.
Managed or Hosted Solutions: If the Client opts for their digital assets to be managed or hosted by AKWMS, the Client will not obtain ownership of the underlying hosting environment. Clients may choose to continue hosting with AKWMS at published rates or request assistance in migrating their digital assets to a new environment upon termination.
Marketing Materials: The Client will gain full ownership of marketing materials such as graphics and videos produced by AKWMS, provided that all final payments for those projects have been completed. For materials produced as part of monthly services, ownership is maintained by the Client, contingent upon the completion of payment for the respective month. AKWMS retains the right to marketing materials produced in any month for which payment was not completed.
Protection and Use: Both parties commit to protecting the integrity and confidentiality of the digital assets and intellectual property created or exchanged during the provision of services. Unauthorized use, reproduction, or distribution of these assets without explicit consent is prohibited.
Dispute Resolution: The Client agrees to promptly notify AKWMS of any intellectual property disputes or claims that may arise, allowing for immediate action to resolve any such issues.
This section outlines the agreement between AKWMS and the Client regarding the limitation of liability for the services provided under this SLA. It is designed to establish a mutual understanding of each party’s responsibilities and to protect both parties from unreasonable legal claims.
Scope of Liability: AKWMS shall not be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from the provision of services under this agreement.
Direct Damages: Liability for direct damages shall be limited to the total amount paid by the Client to AKWMS for the services provided under this agreement during the twelve (12) months preceding the claim.
Agreement to Release: The Client hereby releases AKWMS, its officers, employees, agents, and successors from all claims, liabilities, damages, and expenses, known and unknown, arising out of or in any way connected with the services provided by AKWMS.
Acknowledgment of Risk: The Client acknowledges that they are aware of the risks associated with the services provided and agree to accept such risks, to the extent permitted by law.
Client’s Indemnification: The Client agrees to indemnify and hold harmless AKWMS, its officers, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees, arising out of or in any way connected with the Client’s breach of this agreement, misuse of the services, or violation of any law or the rights of a third party.
Understanding of Terms: Both parties acknowledge that they have read and understood the terms of this liability release and agree to them as part of the broader agreement outlined in this SLA.
Applicable Law: This liability release shall be governed by and construed in accordance with the laws of the jurisdiction in which AKWMS operates, without giving effect to any principles of conflicts of law.
This section outlines the policies and responsibilities related to the use and licensing of third-party assets, including premium fonts, plugins, and any other licensed digital assets required for projects undertaken by AKWMS for the Client.
Licensing and Notification
AKWMS will inform the Client when premium fonts are necessary for a project and guide them on obtaining the appropriate licenses.
The Client is responsible for maintaining an active license for the continued use of these fonts.
Responsibilities and Liabilities
AKWMS covers the initial licensing cost during development, if applicable, but the Client must ensure ongoing licensing.
AKWMS is not liable for retroactive licensing fees, provided the Client was initially notified about the licensing requirement.
Use in Projects
Similar to fonts, AKWMS will notify the Client about the need for premium plugins and the requirement for an active license.
Clients are responsible for maintaining these licenses, ensuring the continued functionality and legality of their digital assets.
Website Management and Licensing Benefits
Clients under website management services may receive benefits regarding plugin licensing, subject to AKWMS’s agreements with plugin developers.
Upon termination, Clients must secure their licenses for continued plugin use. AKWMS will assist in this transition.
Compliance and Transition
Clients agree to comply with all licensing requirements for third-party assets used in their projects.
AKWMS will provide assistance and information to help Clients understand and fulfill these licensing obligations.
Assumption of Compliance
By requesting or approving the use of specific third-party assets, Clients confirm their compliance with necessary licensing agreements.
AKWMS assumes that all third-party assets specified by the Client, including those in brand guidelines, are properly licensed by the Client.
Premium Fonts in Print
For print materials utilizing premium fonts, AKWMS assumes these fonts are licensed by the Client. AKWMS is not responsible for fees related to the use of unlicensed fonts.
AKWMS utilizes a variety of external software and services to enhance the development, management, and performance monitoring of our clients’ digital assets. This section outlines the policies and client responsibilities related to these services, both during the active period of our service provision and in the event of service termination.
Provision and Use: For the purpose of email delivery, AKWMS configures SMTP services (e.g., Postmark, AWS SES, SendGrid) using our company accounts, at no additional cost to the client.
Post-Termination: Should our service be terminated, clients will be required to set up their own accounts with these SMTP service providers and will be responsible for any associated costs.
Management Service: Clients utilizing our web maintenance service benefit from DNS management through our company Cloudflare account.
Client Responsibility Upon Termination: In the event of service termination, clients will need to establish their own Cloudflare accounts to continue DNS management services.
Real-Time Monitoring: Certain web management clients receive real-time performance monitoring services through programs like Sentry, enhancing issue detection and resolution.
Continuation Post-Termination: To maintain access to this level of performance monitoring after service termination, clients will need to configure their own accounts with the respective monitoring service providers.
Dashboard Access: Marketing clients are provided with a real-time dashboard that aggregates metrics from multiple channels, offering comprehensive insights into marketing performance.
Access Post-Termination: Upon termination, access to this marketing dashboard will cease. Clients should ensure they have alternative means to aggregate and review their marketing metrics.
Configuration Services: AKWMS configures analytics and tracking services (e.g., Google Analytics, Google Tag Manager, Facebook Pixel) to monitor marketing performance and user engagement.
Future Issues and Responsibilities: After service termination, AKWMS is not obligated to address issues with these services. Clients will have full administrative access and are responsible for resolving any future tracking or performance issues.
Server-Side Tracking: For custom server-side tracking configurations, clients will assume financial responsibility for the servers required to maintain these configurations post-termination.
Transition Support: AKWMS is committed to facilitating a smooth transition for clients who need to migrate to their own accounts for any of the aforementioned services. While we will provide necessary information and guidance, the ultimate setup and financial responsibility will transfer to the client.
Client Preparedness: Clients are encouraged to prepare for potential service termination by familiarizing themselves with the requirements and costs associated with independently managing these external software and services.
This section of the Service Level Agreement (SLA) between AKWMS and the Client specifies the duration of the agreement and the conditions under which it may be terminated. This ensures a mutual understanding of the working relationship’s lifecycle and provides a clear process for concluding the services agreement if necessary.
The term of this Service Level Agreement (SLA) commences on the date AKWMS begins providing services to the Client, as documented by the start of service delivery or a written agreement specifying the commencement date.
The agreement will remain in effect on an ongoing basis, ensuring continuous service provision and support, until such time as it is terminated by either party in accordance with the termination terms outlined in this agreement.
Liability Release: This SLA includes a liability release clause that delineates the extent of AKWMS’s liability in connection with the services provided. The Client acknowledges and agrees to the limitations of liability as specified in the “Liability Release” section of this agreement.
Non-Disclosure Agreement (NDA): The confidentiality and protection of proprietary information are governed by a Non-Disclosure Agreement, either as a separate document or integrated within this SLA. The Client agrees to adhere to the confidentiality obligations and protections outlined in the “Confidentiality” or “Non-Disclosure Agreement” section, ensuring the safeguarding of sensitive information shared during
the course of this agreement.
By proceeding with the services outlined in this SLA, both AKWMS and the Client acknowledge and agree to the terms set forth, including the commencement and ongoing nature of the agreement, the liability release provisions, and the confidentiality obligations under the NDA.
By the Client: The Client may terminate this agreement at any time for any reason with 30 days written notice to AKWMS. This flexibility ensures that the Client retains control over their service engagement and can adapt to changing business needs.
By AKWMS: AKWMS may also terminate the agreement with 30 days written notice to the Client, allowing for operational adjustments or discontinuation of services as necessary.
Material Breach: Immediate termination is permissible by either party upon written notice if the other party commits a material breach of the agreement’s terms and fails to remedy such breach within 3 days after receiving written notice.
Insolvency: Termination is also immediate if either party becomes insolvent, files for bankruptcy, or ceases business operations.
Financial Obligations: Upon termination, all outstanding payments for services rendered up to the termination date will become due immediately, ensuring AKWMS is compensated for completed work.
Return of Property: The Client is required to return any AKWMS property, materials, or confidential information promptly upon termination.
Survival of Terms: Provisions of this agreement that, by their nature, should survive termination (such as confidentiality, indemnification, and limitations of liability) will remain in effect post-termination.
Requirement for Written Notice: Notices of termination must be provided in writing and will be deemed effective upon receipt by the other party, whether delivered by hand, certified mail, or email with confirmation of receipt.
AKWMS provides services under the assumption that all client activities comply with applicable federal, state, and local laws. AKWMS is dedicated to conducting business legally and ethically and expects the same from its clients. As such, AKWMS shall not be held responsible for any legal violations or infringements that may occur as a result of a client’s business activities, including but not limited to the sale of products or services, content publication, or any other actions taken by the client that do not comply with these laws.
It is the client’s sole responsibility to ensure that their use of AKWMS’s services, including web design and development, digital marketing, hosting, website management, and any other services provided, adheres to all relevant legal and regulatory requirements. Clients must confirm that their products, services, and content are lawful and do not infringe upon any third-party rights.
In the event that AKWMS becomes aware of a client’s activities that potentially violate legal or regulatory standards, AKWMS reserves the right to terminate the provided services immediately without liability. Further, the client agrees to indemnify and hold harmless AKWMS, its partners, affiliates, and employees from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from such unlawful activities or violations.
This clause ensures comprehensive protection for AKWMS across all provided services and delineates the responsibility of clients to maintain legal compliance in their business operations, thereby safeguarding AKWMS from potential legal entanglements or liabilities associated with client misconduct.
The parties agree to follow the procedures outlined below for resolving any disputes or disagreements that may arise under the terms of this Service Level Agreement (SLA):
1. **Notice of Dispute**: Either party must notify the other in writing of any dispute within 30 days of the occurrence of the event giving rise to such dispute. The notice should include a detailed description of the dispute, the proposed resolution, and any relevant supporting documents.
2. **Negotiation**: Upon receipt of the dispute notice, the parties agree to attempt to resolve the dispute through good faith negotiations within 15 days. This will involve discussions between individuals who have the authority to settle the dispute and, if necessary, escalation to higher-level management.
3. **Mediation**: If the dispute cannot be resolved through direct negotiations, the parties agree to engage in mediation before a neutral mediator. Mediation will be conducted at a mutually agreed location, and the specific mediation institution will be selected and agreed upon by both parties at the time of dispute. Each party will bear its own costs in mediation, and the parties will share equally the fees of the mediator.
4. **Arbitration**: Should mediation fail to resolve the dispute, the parties agree to submit the dispute to binding arbitration. The arbitration will be conducted in accordance with the arbitration rules of the Texas Arbitration Act, and the decision of the arbitrator(s) shall be final and binding on both parties. The arbitration will take place at a mutually agreed location, and the prevailing party shall be entitled to recover its arbitration costs and reasonable attorney fees.
5. **Litigation**: Arbitration shall be a condition precedent to the initiation of any lawsuit. However, nothing in this SLA shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent or limit the breach of this SLA’s confidentiality, intellectual property rights, or non-compete provisions.
This Dispute Resolution section does not preclude either party from seeking remedies that are available to them under applicable laws. The parties agree that any arbitration or court proceedings will be conducted on an individual basis, and not as a class action or other representative action.
By agreeing to this SLA, the parties affirm their commitment to resolve disputes through these mechanisms as a way to preserve the business relationship and ensure a swift and practical resolution.
Neither party shall be held liable for any failure to perform its obligations under this Service Level Agreement (SLA) if such failure is caused by the occurrence of any unforeseen event beyond the reasonable control of that party, including but not limited to natural disasters (e.g., earthquakes, hurricanes, floods), wars, insurrections, terrorist activities, riots, government actions or restrictions, strikes and other labor disputes, fires, or disruptions in telecommunications, Internet services, or power.
1. **Notification**: The affected party must notify the other party in writing as soon as reasonably possible, detailing the nature of the force majeure event, its anticipated duration, and any actions being taken to mitigate its effects.
2. **Suspension of Services**: Upon such notification, the obligations of the affected party under this SLA will be suspended for the duration of the force majeure event. The suspension of obligations will not be considered a breach of the SLA.
3. **Mitigation and Continuation**: Both parties agree to use reasonable efforts to mitigate the impact of the force majeure event on the performance of their respective obligations under this SLA. Where feasible, the affected party shall continue to perform its obligations to the extent possible, and both parties shall cooperate to find alternative means of fulfillment.
4. **Termination**: If the duration of the force majeure event extends beyond 45 days, either party may terminate this SLA upon written notice to the other party. In such a case, neither party shall have any liability to the other, except for those obligations that accrued prior to the occurrence of the force majeure event.
For the purpose of improving our services and ensuring the highest quality of client interactions, AKWMS reserves the right to record all forms of communications with clients, including but not limited to phone calls, video meetings (such as Zoom and Google Meets), and, in some instances, in-person meetings. These recordings will be used strictly for training and quality assurance purposes and may be utilized as evidence in legal proceedings if necessary. By engaging with AKWMS, clients consent to the recording of communications as outlined above. This consent acknowledges the varying legal requirements across jurisdictions, and AKWMS commits to adhering to applicable laws in the practice of recording communications.
This Agreement may be updated or modified by AKWMS at any time to reflect changes in our services, legal and regulatory requirements, or operational needs. AKWMS will provide 30 days notice of any significant changes, giving the Client an opportunity to review the modifications. Continued use of AKWMS services after changes have been notified will constitute acceptance of the modified terms. Both parties agree to negotiate in good faith any adjustments needed to accommodate new requirements or concerns arising from these updates.
Thank you for your business. This is AKWMS, Inc.’s (“AKWMS”, “we”, or “our”) Acceptable Use Policy. This Acceptable Use Policy (“AUP”) discusses expectations we have for you and your obligations when using our Services (as defined in the Terms of Service.) AKWMS, Inc. is in the business of facilitating communication between computer networks. Our goal is to allow our users complete access to everything the Internet has to offer, and to help them build their businesses. This AUP facilitates this goal by governing your use of the Services. Because of the evolving nature of the Internet, our business, and the various ways in which our, equipment, technology or network may be abused, abusive activities not set out in this AUP may still be prohibited. For the same reason, we reserve the right to update this AUP from time-to-time. The most recent version will always be posted here. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://www.AKWMS.com/about/policies#Terms-Of-Service.
This AUP and our other Policies are part of your contract with us, and governs your use of our network and resources and our provision of the Services (as defined in the Terms of Service.) If you are a customer, you’ve agreed to abide by our Policies when you checked “I agree” to our Terms of Service. If you are not our direct customer, you agree to abide by this AUP by using the Services provided by or through us.
You are bound by policies from third parties that provide services to you through AKWMS. You are strongly encouraged to review such policies prior to agreeing to be bound by this AUP. We will provide you with additional information about those policies on request.
Appropriate Use of AKWMS Services
Intellectual property rights are respected. Please see the terms of our Digital Millennium Copyright Act (DMCA) Policy, located at https://www.AKWMS.com/about/policies/dmca, for the process to notify us regarding potential intellectual property rights infringement. You are required to comply with U.S. laws governing copyrights, trademarks, patents, and other laws governing your use of the Services and intellectual property.
Unsolicited commercial email, or SPAM, is prohibited. Our network is not designed to be used for mailing lists with over five hundred (500) recipients and you may not send an email to more than five hundred (500) recipients. If you need to send an email to over five hundred (500) recipients, please contact our Support Team for a list of other service providers that can assist with this task. Even if you send email to fewer than five hundred (500) recipients, we will consider your mail to be unsolicited, or SPAM, if it results in a number of complaints to us, disrupts our network, or subjects us to unfavorable action by other Internet providers. Please review the “CAN-SPAM Act” and ensure that any commercial email you send complies with this Act. Email that is “CAN-SPAM compliant” may still otherwise be prohibited by our AUP. If you believe one of our customers is engaged in spamming, please send an email containing all headers, and your contact information, to: abuse(at)AKWMS.com(replace “(at)” with “@”).
Certain content is prohibited. You are responsible for any content transmitted, or accessed, using our network. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. You may not use our network to directly facilitate the violation of any particular law or regulation or this AUP. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited by this AUP. Use of our network to host content related to or to engage in the following activities is strictly prohibited.
Topsites;
IRC scripts/bots, IRCD (irc servers), AutoSurf/PTC/PTS/PPC sites;
IP scanners, Bruteforce Programs/Scripts/Applications;
Mail Bombers/Spam Scripts;
File Dump/Mirror Scripts (similar to rapidshare);
Anonymous or Bulk SMS Gateways;
Websites or links to websites advocating human violence and hate crimes;
Websites promoting illegal activities. or linking to other websites that promote illegal activities;
selling, or otherwise disseminating, pornography or other erotic material, regardless of its literary merit;
hosting adult thumbnail galleries/banner exchanges;
lottery/gambling or chain letters, regardless of content, and regardless of your citizenship;
advertising, advocating or operating High-Yield Interest Programs (HYIP) , Ponzi or Pyramid schemes, prime banks programs, Bank Debentures/Bank Debenture Trading Programs, or Related Sites;
fraudulent sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
broadcasting or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.) or television;
cryptocurrency/bitcoin miners;
impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service;
dox or posting personally identifiable information such as addresses and phone numbers of individuals with the hope of causing damage or harm to said person. This does not cover Government officials when providing contact email addresses or the representatives work phone;
content that promotes or advocates human trafficking in any way shape or form as determined by AKWMS’s sole discretion, sites that promote prostitution, or escort services;
network unfriendly activity (ex: attempts to interfere with our network or network connections or which adversely affect the ability of other people or systems to use our network or the Internet);
creating, posting or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms or Trojan horses, engaging in denial of service attacks, or hosting content that is intended to assist others in defeating technical copyright protections;
posting links to prohibited items, facilitating a violation of our Policies, or instructing others in illegal or prohibited activities; and
setting up or using (via the Service) proxies, proxy scripts/anonymizers of any kind.
If you believe that another customer is using our network in violation of these Policies, please contact us.
Defamation. Websites hosted on AKWMS servers are regulated by U.S. law. Pursuant to Section 230(c) of the Communications Decency Act of 1996, AKWMS’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a Federal or state court of the United States, as evidenced by a court order. As a hosting service provider, AKWMS is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system to provide guidance and to determine whether or not material is indeed defamatory. If a Federal or state court of the United States deems material to be defamatory, libelous, or slanderous in nature, we will fully comply and disable access to the material in question in accordance with a court order. Similarly, if a Federal or state court of the United States places an injunction on specified content or material being made available, we will comply and remove or disable access to the material in question, per a court order.
Network Stability. Our network is designed to meet the anticipated needs of our customers, users, and our needs. If we determine that your use of the Services is in breach of our Policies or impairs the stability of our equipment, technology or network, we may suspend your use of the network, throttle back the bandwidth available for your use, or terminate our agreement with you, at our sole discretion.
Monitoring of Communications. We have the duty and obligation to comply with U.S. law. In certain cases that means that your use of the Services will be monitored. You agree that we are not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that you have no expectation of privacy. From time-to-time we may monitor your use of the network for statistical purposes and to improve the use of our network. Any such monitoring will be done in accordance with our Privacy Policy, located at https://www.AKWMS.com/about/policies#Privacy-Policy, and our Terms of Service, located at https://www.AKWMS.com/about/policies#Terms-Of-Service.
Child Pornography. AKWMS takes a strong zero tolerance stance on child pornography, content perceived to be child pornography or child exploitative content. Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.
IP Addresses. The IP addresses we assign to you are the only ones you may use in connection with the Services. Your use of the Services may be suspended if we determine that you are using other IP addresses. IP addresses are part of your use of the Services, and are owned by us and simply assigned to you while you are a customer. We may change these addresses if necessary. IP addresses may not be assigned or transferred, and will be recycled by us if you terminate your use of the Services.
Software. We may provide software for you to use while you are a customer. Generally speaking, this software is sublicensed to you, and may not be further sublicensed or used for purposes other than those expressly permitted in our Terms of Service or our other Policies, and in the documentation provided with the software. You will be given, or given access to, a software license. This license may further restrict your use of the software. We do not provide support for software whether you license it through us, or have licensed it independently.
In the event of a violation of any of our Policies, our Compliance Team will take commercially reasonable steps to notify you via email with relevant details about the alleged violation. Compliance with applicable Federal, State, and Local laws, and court orders will also be taken into account when we respond to alleged violations.
We encourage you to contact us if you believe that someone has violated this AUP. To facilitate this contact, and ensure that important matters are responded to and addressed, we have designated specific channels for communicating with us. Individuals who contact us about this AUP, the behavior of our customers, or for other purposes, are required to provide us with accurate information to enable us to contact them and respond to their requests. We do not respond to anonymous correspondence, and will refer individuals who deliberately attempt to mislead us regarding their identity, or the basis for their complaints, to appropriate law enforcement officials. Nothing you send or communicate to us is confidential regardless of whether you claim that it is.
Please send all email correspondence to: abuse(at)AKWMS.com (replace “(at)” with “@”)
Mailing Address:
AKWMS, Inc.
9110 N Loop 1064 W Suite 104
San Antonio, TX 78249
Copyright 2022 AKWMS Inc.