SERVICE LEVEL AGREEMENT

Maintain Standard/Plus Plan & Add-Ons

Summary

We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if something goes wrong.

This Service Level Agreement (SLA) does not contain complicated legal terms or large passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

What do both parties agree to do?

As our customer, you have the power and ability to enter into this agreement on behalf of your company or organisation.

You agree that there will be ONE point of contact in your organisation who is responsible for collating information and feedback before it is communicated to us.

You agree to be bound by these terms, which govern our relationship with you in relation to the provision of monthly maintenance services and website support.

If you disagree with any part of these terms you must inform us in writing prior to making payment and prior to the commencement of services.

You agree to abide by the monthly payment schedule as set out by ShopMonster Ltd. according to the monthly package you have been assigned.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. It goes without saying that we will also maintain the confidentiality of any information that you give us.

Definition of Terms

ShopMonster Ltd. trading as ShopMonster, having its registered office at Suite 147, 3 Edgar Buildings, George Street, Bath, BA1 2FJ, aforesaid.

The Client - the entity which enters into an agreement with ShopMonster.

Website - a collection of web pages, associated code and database(s) which forms an integrated presence.

Host server - the company on whose system the website physically resides.

Staging server - a copy of the live (‘production’) server on to which a working copy of the live site can be installed for testing purposes.

Production server - the public-facing server which contains the ‘live’ website.

Uptime - time during which the website is in operation and available for use.

WordPress core, themes and plugins

WordPress Core: refers to the directories and files that comprise WordPress, available from WordPress.org. The Client agrees that they will not edit any WordPress core files. The resolution of issues that may arise from the editing of WordPress core files falls outside the scope of ShopMonster’s services.

WordPress Themes: software that defines the visual design and layout of a WordPress site. ‘Themes’ refers to the directories and files that comprise a WordPress theme, whether it is a bespoke theme built by ShopMonster or a theme purchased from a software marketplace. The Client agrees that they will not edit any WordPress theme files. The resolution of issues that may arise from the editing of WordPress theme files falls outside the scope of ShopMonster’s services.

WordPress Plugins: software modules that expand the core functionality of WordPress. ‘Plugins’ refers to the directories and files that comprise a WordPress plugin, whether it is a free plugin from the WordPress repository, a bespoke plugin built by ShopMonster or a plugin purchased from a software marketplace. The Client agrees that they will not edit any WordPress plugin files. The resolution of issues that may arise from the editing of WordPress plugin files falls outside the scope of ShopMonster’s services.

WooCommerce: a WordPress plugin that adds eCommerce / shopping cart functionality to WordPress. ‘WooCommerce’ refers to the directories and files that comprise the WooCommerce plugin. The Client agrees that they will not edit any WooCommerce files. The resolution of issues that may arise from the editing of WooCommerce files falls outside the scope of ShopMonster’s services.

WooCommerce Extensions: software modules that expand the core functionality of the WooCommerce plugin. ‘WooCommerce extensions’ refers to the directories and files that comprise a WooCommerce extension. The Client agrees that they will not edit any WooCommerce extension files. The resolution of issues that may arise from the editing of WooCommerce extension files falls outside the scope of ShopMonster’s services.

Requirements for Service

WordPress admin user account

ShopMonster will require a user account with the Administrator role on the Client’s site. ShopMonster will not disclose the login credentials of this account to third parties under any circumstances. The Client will be responsible for all user accounts.

FTP access

ShopMonster will require a FTP account to upload and download files. ShopMonster will not disclose the login credentials of this account to third parties under any circumstances. The Client will be responsible for all FTP accounts.

Hosting account access

ShopMonster will require access details for the administration area of the Client’s website host for certain services (eg. installing an SSL certificate). ShopMonster will not disclose the login credentials of this account to third parties under any circumstances. The Client will be responsible for all hosting accounts.

Google Analytics account access

ShopMonster will require an invite to access any existing Google Analytics install on the Client’s website. If no Google Analytics install exists on the website ShopMonster will set one up. ShopMonster will not disclose the login credentials of this account to third parties under any circumstances. The Client will be responsible for all Google Analytics installations.

Third party account access

ShopMonster may require access to third party accounts belonging to the Client. These may include, but are not limited to, social media accounts, payment gateway / merchant accounts, domain name registrars and third party integrations. ShopMonster will request user account information as and when it is required. We will not disclose the login credentials of these accounts to third parties under any circumstances. The Client will be responsible for all third party accounts.

The Maintain Standard (Non-eCommerce) & Maintain Plus Plans

The following points constitute the Service Level Agreement provided to Clients on the 'Maintain Standard' and ‘Maintain Plus’ plans. They outline ShopMonster’s obligations to the Client and the steps the Client must take to ensure ShopMonster can continue to perform the service to the agreed level.

Description of Service

ShopMonster offers a maintenance and support service to operators of websites running on single-site installations of WordPress or WordPress with WooCommerce. The service is designed to relieve the website owner of the burden of website maintenance and updates whilst maintaining levels of performance, availability and security.

The service is billed in advance on a monthly basis via an online subscription with ShopMonster’s authorised merchant. There are no contracts to sign and no setup or cancellation fees.

The Maintain Standard and Plus plans do not support multi-site WordPress installations.

WordPress updates

Software updates for WordPress Core, plugins and themes and are released on an ongoing and frequent basis to fix bugs and offer new or improved functionality. The timely deployment of WordPress core updates are vitally important for the ongoing safety and security of the website.

NOTE: In the event that updates to WordPress core, WordPress theme(s) or WordPress plugins (including WooCommerce and WooCommerce extensions) are prevented for any reason (including by the use of an out-of-date or unsupported 3rd party theme, plugin or extension), ShopMonster will inform the client and advise the best course of action to resolve. ShopMonster shall not be liable for any failure to perform its obligations should the client fail to acknowledge and/or agree to implement the resolution(s) as advised.

WordPress Core Updates

Minor updates, so-called ‘point releases’ will be performed automatically by your site if automatic updating has not been disabled. If an automatic update has not been triggered within 48 hours of its release, ShopMonster will update your site manually.

Major updates will not be performed automatically by default. ShopMonster will test the update on a staging server version of your site prior to deploying to your live ‘production’ website within 48 hours of the update release. A backup of your database and site files will be taken prior to all major updates.

WordPress Plugin Updates

ShopMonster will test plugin updates on a staging server version of your site prior to deploying to your live ‘production’ website. A backup of your database and site files will be taken prior to all plugin updates.

WordPress Theme Updates

ShopMonster will test theme updates on a staging server version of your site prior to deploying to your live ‘production’ website. A backup of your database and site files will be taken prior to all theme updates.

WooCommerce / WooCommerce Extension Updates (Maintain Plus Only)

ShopMonster will test WooCommerce and WooCommerce extension updates on a staging server version of your site prior to deploying to your live ‘production’ website. A backup of your database and site files will be taken prior to all WooCommerce and WooCommerce extension updates.

WordPress security

ShopMonster will run a security check once per month on your site that will scan your WordPress folders for suspicious files and compare plugin and theme files against originals in the WordPress repository. Plugins and themes purchased from a marketplace will not be compared. ShopMonster will act as necessary on the reports from the security plugin.

WordPress backups

ShopMonster will maintain daily database and file system backups of your website as a contingency measure.

Uptime monitoring

Online status and availability of the website will be constantly monitored. Interruptions to availability will be acknowledged and acted upon within the response and resolution times (see below).

Unlimited Support Tickets

Support tickets can be submitted via email only to the ShopMonster help-desk system. Use of support ticketing is subject to ShopMonster support ticket policy (see section ‘Support Requests & Monthly Support Time’ below).

Reports

At the end of each month ShopMonster will provide a monthly report of the services / tasks that were performed during that month. The report will be delivered by email to the email address on record for the Client.

Full Website Audit - Month #1

All of the services outlined in the Maintain Standard/Plus plan will be actioned each month with the exception of the first month following client sign-up. The first month of service is comprised of the ShopMonster Full Website Audit.

The ShopMonster Full Website Audit will determine a plan that outlines a set of actions to improve the Client’s website in terms of improving conversion rates and growing traffic.

The actions are determined based on analysis of statistics, the state of the Client’s website, analysis of the Client’s industry and based on ShopMonster’s eCommerce and online marketing experience.

These actions will be comprised of services selected from the ShopMonster menu of service 'add-ons' which best fit the current level of the Client’s website. Recommended 'add-on' services will be presented to the Client for discussion.

Completion of the Full Website Audit does not constitute an obligation on the part of the Client to continue with a monthly plan from ShopMonster.

If the Client chooses to proceed with ShopMonster’s services, ShopMonster will recommend service add-ons commensurate with the results of the Full Website Audit and in agreement with the Client.

ShopMonster Add-Ons

Our menu of ShopMonster add-ons or 'Bites' are available as additional paid services to complement your Maintain Standard/Plus plan. ShopMonster will begin recommending add-ons once the full website audit (Month #1) has been completed. Add-ons are grouped into two categories: Optimise & Evolve. Add-ons can be recommended or selected from either group as required.

ShopMonster Add-Ons are priced individually and are payable monthly in addition to the Maintain Standard/Plus plan.

Optimise Add-Ons

The Optimise SLA includes all of the services provided in the Maintain Standard/Plus plan. In addition, ShopMonster agrees to provide a subset of the services available as Optimise add-ons, based on the action plan agreed between ShopMonster and the Client as a result of the Full Website Audit, but not those in the section entitled ‘Evolve Add-Ons’ (see below).

Services available as Optimise Add-Ons include:

  • On-site Search Engine Optimisation (install SSL certificates, broken link checks, Google Search Console Verification, adding / editing robots.txt, installing and submitting XML sitemaps, optimising content, installing SEO plugins and training Client, adding structured data markup).
  • Integrations (social media account integrations, email list management integrations and opt-ins, payment gateway setup.
  • Site design and User Experience (Re-ordering pages and navigation, improving checkout flow, spot fixes to the design)
  • Performance optimisation (site speed improvements, database optimisation)
  • Marketing automation (cart abandonment / recovery campaigns, incentives within receipts, up-sells and cross-sells)
  • Reports (enhanced Google Analytics with eCommerce tracking, monthly audit report)

ShopMonster reserves the right to add or remove add-on services to the list of those available as Optimise add-ons at their sole discretion.

The Client is free to suggest additions to the list of services available as part of the Optimise package. ShopMonster will approve or disapprove suggestions at their sole discretion. The Client can submit additional service suggestions via the help-desk system (email help@getshopmonster.com).

Evolve Add-Ons

The Evolve SLA includes all of the services provided in the Maintain Standard/Plus plan. In addition, ShopMonster agrees to provide a subset of the services available as Evolve add-ons, based on the action plan agreed between ShopMonster and the Client as a result of the Full Website Audit, but not those in the section entitled ‘Optimise Add-Ons’ (see above).

Services available as Evolve Add-Ons include:

  • Positioning and market analysis (competitor analysis, customer surveys, keyword and online market research, opportunity spotting).
  • Outreach (link development, guest blogging, content syndication, joint ventures).
  • Content marketing (content calendar, topic research and suggestions for: blog posts, product descriptions, podcasts, videos / screencasts, webinars).
  • Marketing automation (customer referral programs, incentivised product review campaigns, follow-up emails, customer behaviour analysis).
  • Email marketing (newsletter campaigns, drip campaigns, email opt-in incentives (lead magnets).
  • Reports (enhanced Google Analytics with eCommerce tracking, monthly audit report).

ShopMonster reserves the right to add or remove add-on services to the list of those available as Evolve add-ons at their sole discretion.

The Client is free to suggest additions to the list of services available as part of the Evolve package. ShopMonster will approve or disapprove suggestions at their sole discretion. The Client can submit additional service suggestions via the help-desk system (email help@getshopmonster.com).

Support Requests & Monthly Support Time (Maintain Plus Only)

Please note, support requests are not included with the Maintain Standard plan.

Support must be requested via email to be received and responded to in a reasonable amount of time. To request support please e-mail: help@getshopmonster.com. ShopMonster does not provide support over the telephone.

All requests are dealt with on a ‘best endeavours’ basis within the stated ShopMonster Hours of Operation (see below).

Unlimited and reasonable use

The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by ShopMonster management, at its sole and exclusive discretion. Customers deemed to be abusing the ShopMonster support ticket service will be contacted by ShopMonster management. ShopMonster management retains the sole and absolute discretion to suspend service if deemed necessary.

Hours of operation

Official Hours of Operation are Monday to Friday 08:30 - 17:30 GMT (GMT +1 hour in British Summer Time) except Public Holidays in England.

ShopMonster, at its sole discretion, may undertake work outside of these Hours of Operation.

Response and resolution time

The response time for non-emergency requests is up to 48 business hours, although typically we will respond much quicker than that. All requests are subject to approval by ShopMonster.

ShopMonster support will work on and resolve each single support request before moving on to the next submitted support request.

Emergency or rush requests may be subject to a rush surcharge of £100 / hour.

Nature of Requests

The ShopMonster service is all about ShopMonster pro-actively analysing the Client’s website and determining the best actions to improve conversions and / or grow traffic. ShopMonster perform this service on the Client’s behalf and all proposed actions are discussed with the Client in advance.

Because of the monitoring used by ShopMonster, ShopMonster are likely to spot problems with the Client’s website before the Client is aware of them.

However, provision is made for the Client to submit support tasks to ShopMonster that might fall outside of the scope of work already agreed upon. These support requests will typically take the form of ‘small tasks’ (e.g. minor / quick updates) that require not more than 30 minutes to complete. Please note, these tasks may also require that the currently agreed scope of work may be pushed into a following month.

Requests which constitute significant changes to the design, structure or layout of the site will fall outside the scope of the support service but may still be addressed as part of a separately scoped, agreed and costed project.

If you’re unsure if a request meets these criteria, submit it as a ticket to the ShopMonster support system (email help@getshopmonster.com) and ShopMonster will either accept the ticket or deny the ticket based on management approval.

Examples of acceptable support requests

  • general content updates
  • addition of text and / or images to pages / posts
  • WordPress consulting or ‘Q & A’

Examples of requests not meeting approval

  • website redesign (full or partial)
  • website migration
  • changes to pages in languages other than UK English
  • landing-page design
  • additional functionality / feature
  • email marketing
  • social media
  • large scale product catalog updates (requiring in excess of 30 minutes to complete)
  • custom plugin / theme development
  • search marketing / SEO services

Hack Rectification

If we notice a hacking incident we will act as soon as we can to rectify the situation. This may involve removing the malicious code or reverting to the last back up.

If you notice or suspect a hack, please contact us immediately.

Payment of fees & charges

Fees are payable in Pounds Sterling by the following electronic method(s) only:

  • Stripe subscription (funds will be deducted from a stored credit or debit card)
  • GoCardless online direct debit

ShopMonster reserves the right to restrict payment methods without notice and without giving reason.

Full payment for the first month’s service is required in advance, before the service commences.
For your records, ShopMonster will send an invoice to your registered email address each time the payment is completed.

Non-payment of fees & charges

Payment is due via Stripe subscription or GoCardless online direct debit on a monthly basis.

If for any reason payment is missed ShopMonster reserves the right to suspend service with immediate effect. ShopMonster will not be held responsible for any issues that arise on your site in these circumstances.

If payment still has not been made 28 days after the due date, ShopMonster reserves the right to cancel the Client’s package forthwith.

In this instance, ShopMonster will delete all FTP credentials, hosting account details and other third party accounts held on file for the Client’s website. The Client will be responsible for removing ShopMonster’s administrator account from the website.

By cancelling the Client’s paid plan, ShopMonster does not remove the Client’s obligation to pay any outstanding monies.

Payment of third party charges

From time-to-time, ShopMonster will advise the Client to use a premium third party offering. These may include, but are not limited to, payment gateways / merchants, WooCommerce extensions, premium WordPress plugins or eCommerce Software as a Service (SaaS) platforms.

Unless otherwise specified by ShopMonster, the Client will maintain a direct relationship with the third party and make payment as required on their platform. ShopMonster can set this relationship up on behalf of the Client and manage the account with the Client’s permission.

In using the third party software, service or platform, the Client is bound by the third parties terms of service. When working with the third parties software, service or platform on the Client’s behalf, ShopMonster agrees to abide by the third parties’ terms of service.

Termination & Cancellation

All ShopMonster plans and add-ons are ‘month-to-month’, with no contract and can be cancelled at any time.

ShopMonster may terminate or suspend any and all services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the terms of this SLA.

Upon termination of the Client’s paid plan, the Client’s right to obtain services included in the package will immediately cease.

If you wish to terminate your ShopMonster plan, you must contact us in writing with your termination request. All provisions of the SLA which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

ShopMonster will not perform any maintenance or other services on your site after the plan has been cancelled and will not be held responsible for any issues that arise on your site after the cancellation date.

You can contact ShopMonster via the help-desk system (email help@getshopmonster.com) to issue a termination request.

Miscellaneous

Limitation of Liability

Under no circumstances will ShopMonster be responsible or liable to you or any third-party, for financial or other loss or damage caused by the failure or use or misuse of the services provided by ShopMonster. You should ensure that a contingency plan is in place to minimise possible losses as a result of software and / or hardware failure.

Third Parties

ShopMonster can take no responsibility for services provided by third parties through us or otherwise, including the hosting of the Client’s website, although ShopMonster will endeavour to ensure that website downtime is kept to a minimum.

No agency, partnership, joint venture, or employment is created as a result of the terms of this SLA and you do not have any authority of any kind to bind ShopMonster in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

ShopMonster shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ShopMonster’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, natural events such as fire, force majeure or other events beyond the control of ShopMonster.

Survival of contract

Where one or more terms of the SLA are held to be void or unenforceable for whatever reason, any other terms of the SLA not so held will remain valid and enforceable at law.

ShopMonster may transfer, assign or delegate the terms of the SLA and its rights and obligations without consent.

Jurisdiction

This Service Level Agreement shall be governed by the laws of the United Kingdom. Venue and jurisdiction for the filing of any legal action or claim arising from the contract between ShopMonster and the Client is County Court, Bath, Somerset.

Changes to the Service Level Agreement

The terms of this SLA may change from time to time. You will be informed of revisions as and when they are issued.

Last updated: 08/10/18

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Registered address: Suite 147, 3 Edgar Buildings, George Street, Bath, BA1 2FJ