WebWyze Legal Agreements

Service Level Agreement (“SLA”)

Updated 02/14/2024

This Service Level Agreement (SLA) outlines the standards and expectations set by WebWyze for the delivery of its services to its registered customers, who have agreed to purchase and use THE SERVICES and have acknowledged the terms and conditions as registered online at WebWyze.co. The SLA details the responsibilities of both WebWyze and its clients, the performance metrics by which services will be measured, and the remedies available should service levels not be achieved. This document serves as a commitment to our clients, ensuring transparency, reliability, and excellence in our service delivery.

Legal Terms And Conditions

DEFINITIONS Capitalized & Bolded terms used in this Agreement have the meaning set forth herein or as set forth below:

  1. THE SERVICES” refers to the specific set of features, services, and pricing that you, as a registered customer of WebWyze, have purchased and agreed to receive on a recurring basis for your designated domain name. This is THE SERVICES you selected and confirmed upon making your purchase through the MSA.
  2. “WEBWYZE DIGITAL WEBSITE” or “WEBSITE” refers to a WordPress website designed, developed, customized, hosted, and managed by WebWyze for the Client, under common control. This website includes textual navigation, stock photography from WebWyze’s licensed affiliates, graphic design, and Developed Content. The domain name is treated as a separate Internet resource.
  3. “PPC” refers to the creation and management of Client’s paid media campaigns, specifically Pay-Per-Click Advertising. These campaigns are designed for the Targeted Geographic Area, where advertisements can be displayed on search engines like Google, Yahoo, Bing, and/or Meta advertising channels.
  4. “LOCAL INSIGHTS” means WebWyze’ reporting platform which may include, but is not limited to, displaying website metrics, organic rankings, reputation notifications and targeted directory submissions.
  5. WEB HOSTING & MAINTENANCE” means a hosted Website by Company for Client with ongoing technical support provided by Company during the Term of this Agreement.
  6. “LOCAL SEO” encompasses both onsite and offsite strategies aimed at improving the organic ranking of the website for relevant search terms, as determined by the Company. These strategies may include monthly blog posts, social media updates, natural link building, and the management of Google Business Profile and Citations after the website launch.
  7. “DISCOVERY” refers to the non-refundable fee paid by the Client on the Effective Date. This fee covers various preliminary SEO activities, including but not limited to Prelim SEO Audit, Keyword Research, Competitor Analysis, SEO Sitemap & Game Plan, and Title & Meta Optimization.
  8. LOCAL MARKETINGor LOCAL MARKETING PROGRAM” means the monthly service funds paid in advance by Client which is for THE SERVICEwhich will be performed for that calendar month as outlined in this Agreement.
  9. DEVELOPED CONTENT” means content written by WebWyze for the Customer.
  10. PARTY” means either Company or Client and are together referred to as the “PARTIES“.
  11. AREAS OF MARKETING EFFORTS” means topics that may be targeted by this marketing campaign, specifically in the Customers Targeted Geographic Areas and expressly exclude all others which WebWyze may modify at Company’s discretion.
  12. TARGETED GEOGRAPHICAL AREAS” means the geographic areas in which WebWyze can market the Client’s service areas for the Paid Media Campaign Management which WebWyze may modify at Company’s discretion.
  13. SERVICES” means all services provided under this Agreement which may include, but is not limited to, those necessary services relating to website development, website graphic design, developed content, Google Business Profile Management, KPI reports, review management software, customer support, online advertising, local SEO, social media SEO, web hosting & web maintenance.
  14. “LAUNCH” refers to the date on which the Website becomes first publicly accessible online after Client approval.
  15. CHARGE” or “CHARGES” means payment that is due for any Services.
  16. THIRD-PARTY NETWORKS” refers to any and all third-party advertising platforms, including but not limited to Google Ads Advertising Platforms..
  17. “MASTER SERVICE AGREEMENT” (referred to as “MSA” in this document) is defined as the agreement outlined in the email sent to you by WebWyze. This email provides details regarding the features, services, and pricing to be applied to your domain name under the Master Service Agreement. By accepting, agreeing to, and signing this MSA electronically, you initiate the activation of services that will be provided by WebWyze.
  18. “TERM” refers to the Commitment Length of this Agreement, indicating the duration for which the terms and obligations outlined in this Agreement are as define in the MSA.

Client’s Responsibilities

  • THIRD-PARTY NETWORKS Marketing Efforts Disclaimer: WebWyze does not support marketing initiatives by the Client or any third party not managed by WebWyze. Clients engaging in external marketing for the Website do so at their own risk, and WebWyze is not liable for any outcomes or damages from such actions.
  • Client Onboarding and Discovery Responsibilities: Upon execution of this Master Service Agreement (MSA), Client acknowledges and agrees to promptly complete and provide all requested onboarding intake and discovery documents as specified by WebWyze. These documents are an essential part of our initial project planning and are required to facilitate the discovery process for the project.Client understands that the timely submission of these documents is crucial for ensuring the smooth commencement of the project and the delivery of effective services. Failure to provide the requested information promptly may result in delays in project initiation. WebWyze will provide detailed instructions for the completion and submission of these documents, and Client commits to adhering to the provided guidelines and deadlines. By completing the onboarding intake and discovery documents in a timely manner, Client enables WebWyze to better understand the project’s goals, requirements, and specific needs, ultimately contributing to the success of the project.

WebWyze Responsibilities

  • Delivery of Services to Client: WebWyze commits to delivering THE SERVICES outlined in this Agreement in a commercially reasonable manner, ensuring timely execution.
  • Support and Service Level: WebWyze provides telephone and email support to clients during standard business hours, specifically from 9 AM to 6 PM EST, Monday through Friday. We are committed to addressing inquiries promptly, with a goal of providing same-business-day responses. In cases where a response cannot be given on the same day, you can expect a response by the next business day.
  • Response Time: Clients can expect a response to all support requests sent to support[@]WebWyze.co within 2 business days.
  • Resolution Time: While we aim to resolve issues as quickly as possible, the time needed for resolution may vary depending on the complexity of the task. We will provide a clear deadline for completion when appropriate and keep you informed of the progress.
  • Data Security and Privacy: At WebWyze, we prioritize the security and privacy of our clients’ data. To maintain data integrity, communication about data protection measures is exclusively directed to our registered customers. Primary client contacts have the privilege to list authorized sub-accounts who can request support, updates, or changes to the website. This structured approach ensures requests are channeled through trusted representatives, safeguarding confidentiality and service accuracy.
  • Performance Metrics: The success of our marketing services is gauged using specific Key Performance Indicators (KPIs). These metrics are diligently tracked via the WebWyze LOCAL INSIGHTS reporting platform.

Representation And Warranties

  • Client. Client represents and warrants to WebWyze that It has full power and authority to provide and use any Client provided Content or Developed Content and does not and will not violate any intellectual property or other proprietary rights of any third party or create any liability to any third party, specifically WebWyze .
  • Company. WebWyze represents and warrants to Client that it
    • (i) is authorized to enter into this Agreement,
    • (ii) will deliver THE SERVICES in a commercially reasonable manner and without undue delay.

Term, Charges, and Termination of This Agreement

  • Term. The duration of this Agreement varies for each service type and is specified in the MSA signed by the Client.
  • Charges. Client agrees to pay the Charges as outlined in The MSA. Once initial payment is received, Company will then begin to deploy Services to the domain outlined in The MSA.
  • Termination of Services. This Agreement remains in effect until terminated or canceled as specified in the respective MSA for each service type and as described in the TOS. Either party may terminate services immediately for specific conditions, including breach of contract terms, non-payment, or other significant issues warranting immediate cessation of services.
  • Material Breach. In addition to any other right to terminate set forth herein, either Party may terminate this Agreement if the other Party breaches any material term or condition of this Agreement (“Material Breach”) and fails to cure such breach within five (5) days after receipt of written notice of the same, except in the case of delinquent payments for Services which must be paid in full no later than five (5) days after the Charge due date. Despite anything to the contrary, Company may immediately suspend and/or pause
    • (i) Client’s Services if Client is ever one (1) day delinquent on a Charge; or
    • (ii) any other Service if Client is more than five (5) days delinquent on a Charge. Either Party may terminate this Agreement with five (5) days notice if the other Party materially breaches the same material term or condition of this Agreement. Further, an initiation of or a credit card chargebacks and/or canceled checks, which may or may not create delinquent or past-due invoices, shall be a material breach, which may not be cured, where WebWyze may terminate Agreement immediately without notice while reserving all legal rights to be made whole for the full value of the Agreement.
  • Delinquent Initial Charges. Notwithstanding anything contained herein to the contrary, WebWyze may immediately terminate this Agreement if the first payment is not received by WebWyze within five (5) days of Effective Date.

Marketing Program Services

By entering into this Agreement, Client is electing to have WebWyze provide the Professional Services which are collectively known as Local Digital Marketing as outlined in THE SERVICES.

Reporting Tools

  • Google Tools: Under this Agreement, WebWyze will create and manage the Google Tag Manager, Google Search Console, and Google Analytics for the Website. The Client acknowledges that any changes made to these tools by the Client or Third-Party that result in adverse effects on the Website may result in additional hourly maintenance charges.
  • Local Insights: WebWyze will provide a reporting platform called “Local Insights” which will display full Key Performance Indicators (KPIs) to the Client on demand. The Client agrees to use the Local Insights platform as the primary source for Website performance metrics and acknowledges that any other sources of metrics may not be accurate or supported by WebWyze.

Social Postings

If Client has elected to receive Social Posting services as described in the MSA, the following terms shall apply:

  1. Social Media Platforms: WebWyze will create if needed, and post content on the following social media platforms, as specified in the MSA:
    • Google Business Profile (GBP)
    • Facebook
    • Instagram
    • LinkedIn
    • X
  2. Posting Frequency: The frequency and schedule of social media postings will be defined in the MSA, outlining the number of posts per platform within a specified timeframe.
  3. Content Creation: WebWyze will develop and curate content for social media postings, which may include text, images, graphics, videos, and other media formats, as deemed appropriate for the Client’s social media strategy.
  4. Content Approval: The Client acknowledges that they will have the opportunity to review and approve social media content before it is posted, as outlined in the MSA. WebWyze will make reasonable efforts to accommodate the Client’s feedback and preferences.
  5. Content Strategy: WebWyze will work with the Client to define a content strategy aligned with the Client’s business goals and target audience. The content strategy may encompass themes, messaging, and promotional efforts tailored to the Client’s specific needs.
  6. Reporting and Analytics: WebWyze will provide access to a reporting dashboard that displays key performance indicators (KPIs) related to the Social Posting campaign. The Client agrees to use this dashboard as the primary source for monitoring the performance of Social Posting services.
  7. Engagement and Interactions: WebWyze may monitor social media activity on behalf of the Client but does not respond to comments, messages, or inquiries.

Local SEO

If Client has elected to receive LOCAL SEO Services as described in the MSA, the following terms shall apply: Note: WebWyze reserves the right to modify deliverables with fair notice to Client in any of the features listed below as deemed necessary to enhance the effectiveness of our LOCAL SEO services. Given the evolving nature of SEO and the potential for new insights during the course of our services, we may need to make adjustments to better serve our clients’ goals.

  1. On-Page Optimization: WebWyze will perform on-page optimization to improve the visibility and relevance of the Website in local search results. This includes optimizing title tags, meta descriptions, and schema markup to enhance the Website’s search engine performance.
  2. Content Strategy: WebWyze will develop and implement a content strategy tailored to the Client’s business goals and target audience. This may include the creation of optimized website content, press releases, guest posts (Metro Only), and media rooms to enhance the Website’s online presence.
  3. Link Building and Backlink Audits: WebWyze may conduct backlink audits to identify and address issues related to the Website’s backlink profile. Additionally, WebWyze may engage in link-building activities to acquire high-quality backlinks that positively impact the Website’s search rankings.
  4. Keyword Research: WebWyze will perform keyword research to identify relevant keywords and phrases that can improve the Website’s search engine visibility. This research informs content creation and optimization efforts.
  5. Technical Audits: WebWyze will conduct technical audits to identify and address technical issues that may affect the Website’s performance in search engines. This includes ensuring proper website structure, navigation, and compatibility with search engine guidelines.
  6. Reporting and Analytics: WebWyze will provide access to a reporting dashboard that displays key performance indicators (KPIs) related to the LOCAL SEO campaign. The Client agrees to use this dashboard as the primary source for monitoring the performance of LOCAL SEO Services.
  7. Search Console Integration: WebWyze will integrate the Website with Google Search Console, enabling comprehensive monitoring and analysis of search-related data. The Client acknowledges the importance of Search Console data for tracking the progress of SEO efforts.
  8. Internal Linking: WebWyze may implement internal linking strategies to enhance website navigation and user experience. Internal linking may also contribute to improved search engine rankings.
  9. Guest Posts: If applicable and as described in the MSA, WebWyze may create and distribute guest posts to relevant websites in the designated metro area. Guest posts are designed to increase the Website’s online visibility within the specified region.
  10. Basic Google Business Profile (GBP) Management Services:
    • WebWyze will create and manage the Client’s Google Business Profile for a single Google Business Profile.
    • WebWyze will ensure that the profile accurately represents the Client’s business and is optimized for search engine visibility.
    • WebWyze may make postings if stated in the MSA under Socia Posting services.
    • The Client acknowledges that any changes made to the Google Business profile by the Client or any unauthorized third party may result in adverse impacts on the profile’s performance. In such cases, WebWyze reserves the right to charge additional fees for maintenance and repair services.
    • WebWyze will provide regular reporting on the performance of the Google Business profile and make recommendations for optimization as needed.
  11. Local Listings (Managed Online Business Directory Management): 
    • Service Scope: WebWyze will manage and optimize your business information across various online directories, search engines, platforms, and other online sources. This includes ensuring accuracy in your business name, address, phone number, business hours, and website URL.
    • Enhanced Online Visibility: By utilizing our “Local Listings” service, you benefit from an enhanced online visibility and local search presence. This makes it easier for potential customers to discover and reach out to your business.
    • Performance Monitoring: WebWyze provides insights and analytics to monitor the performance of your online listings. We constantly optimize your listings to connect you with more local customers.
    • Additional Features: Our “Local Listings” service includes the synchronization of business information across multiple platforms. This comprehensive managed service ensures your online presence is always at its best.

PPC (Pay-Per-Click) Advertising

If Client has elected to receive Pay-Per-Click Advertising Services as described in the MSA, the following terms shall apply:

  1. Choice of Ad Networks: WebWyze, in its sole discretion, will select the most appropriate Third Party Network Platforms and advertising channels to effectively generate leads and meet the objectives outlined in the MSA. The selection of ad networks and platforms will be based on factors such as target audience, campaign goals, and industry trends. Client acknowledges that WebWyze’s expertise in choosing the right ad networks is essential to achieving the desired results
  2. Management Fee Billing: Management fees for THIRD-PARTY NETWORKS will be billed separately and paid in tarrears. The billing cycle and payment terms for management fees will be outlined in The MSA. Client agrees to promptly pay all management fees in accordance with the agreed-upon terms.
  3. Results and Guarantees: Client acknowledges that search results, search engine rankings, and Paid Search results are influenced by several factors, including search engine algorithms and policies, and WebWyze cannot guarantee any specific position, placement, rank, or performance of the Website or ads in any search engine. WebWyze has made no guarantees, representations, or warranties to Client with respect to the results or performance of THE SERVICES, including but not limited to the quality or volume of Internet traffic or business generated. Client expressly acknowledges that they are not relying on anything outside the terms of this written agreement. WebWyze is not liable for any loss of business, revenue, or profits resulting from THE SERVICES.
  4. Minimum Ad Spend + Management Fee: WebWyze charges a minimum management fee for Paid Ads, as outlined in the MSA. Client also acknowledges that the percentage of the management fee may exceed the minim management fee based on the ad spend, and the details of this fee structure are provided in the MSA.
  5. Payment of Management Fees: Management fees for Paid Ads are billed separately from Ad Spend. Client agrees to pay all management fees as per the billing cycle and payment terms outlined in The MSA. Failure to make timely payments may result in the suspension or termination of Paid Ads services.

Management Plans

Our Website Management Plans are designed to provide you with comprehensive support and maintenance services, ensuring that your website remains dynamic, secure, and optimized for peak performance. These plans are carefully tailored to meet a variety of support and update requirements, facilitating alignment with your business’s changing goals. Each plan includes hosting services, DNS management, and a specific allotment of website edits, all aimed at enhancing your site’s functionality and user engagement.

  1. Monthly Allocation of Website Edits: Please note that the “Website Edits” included in these plans are allocated on a monthly basis under a “use it or lose it” policy. This policy is intended to encourage the regular updating and optimization of your website, maintaining its relevance and effectiveness. It is important to understand that unused edit hours from one month will not be carried over to the next. This approach is designed to foster a proactive approach to website management, ensuring that your digital presence consistently reflects your current business offerings and message.
  2. Master Service Agreement (MSA): The specific services and support provided under your selected plan will be detailed in the Master Service Agreement (MSA). We strongly recommend reviewing the MSA thoroughly to ensure a clear understanding of the services provided and to clarify any questions or concerns prior to agreement.

Integrated Service Framework

By engaging with our services under the Master Service Agreement (MSA), you are required to fully acknowledge and accept the terms set forth by WebWyze. This includes, but is not limited to, our Acceptable Use Policy (AUP), Service Level Agreement (SLA), Website Service Agreement (WSA), Hosting Service Agreement (HSA), and Terms of Service (TOS). Together, these documents form the foundation of our legal and operational relationship, guiding the delivery, usage, and management of our services.

By electronically signing the Master Service Agreement (MSA) and checking the box to confirm your acceptance of the Terms of Service, you are formally entering into a contract with WebWyze. This pivotal step not only initiates our service relationship but also continuously supports and defines the breadth of services we will provide. It clearly sets out the duties and expectations for both WebWyze and you, ensuring that our partnership is built on a mutual understanding of each party’s responsibilities.

Adherence to these terms is essential for a seamless and productive service experience. Failure to comply may necessitate corrective measures from our side, including, in certain circumstances, the discontinuation of services. To ensure clarity and mutual understanding, we encourage a thorough review of these documents. They are designed to transparently communicate how we can successfully collaborate.

Payment

Client shall pay Company all amounts due under the Agreement in full on the recited due date(s), and Client hereby irrevocably authorizes Company to charge Client’s provided credit card for any such amounts when due during the Term. Amounts due will be automatically charged on the anniversary date of the Agreement, in advance, and will continue to be charged on the same date each month thereafter until the Agreement is terminated.

  1. A payment that is past due by 10 days incurs a 5% late fee.
  2. Services may be temporarily suspended until payment is received.
  3. In the event of any delinquent payment, ad campaigns and third-party services may be halted until the outstanding amount is settled.
  4. Permanent termination of services will occur if payment is not received by 30 days.

Client agrees to inform WebWyze in writing if the nominated credit card account is canceled, substituted, renewed, lost, or stolen. Client is responsible for keeping their billing information up to date, including notifying WebWyze of any changes to their credit card account. Please note that the anniversary date is the date on which the MSA was first signed. If the anniversary date falls on a weekend or holiday, the payment will be charged on the next business day. WebWyze shall not begin work on THE SERVICES until receipt of initial payment. WebWyze shall be under no obligation to perform THE SERVICES if Client is delinquent on any Charge on any WebWyze agreement.

Card Chargebacks

In case the Client initiates any chargebacks, it will be considered a significant breach of this Agreement. Alongside the immediate termination of Services and/or the Agreement, a $25.00 fee (referred to as ‘CHARGES‘) will be applied for each chargeback to cover administrative and processing costs. The Client is responsible for covering all such CHARGES and associated fees, including legal costs if applicable.

Effective Date

This Agreement shall come into effect upon the execution of the Master Service Agreement (MSA) by the Client. The date of execution of the MSA by the Client shall be considered the effective date of this Agreement.

 

Disclaimer:

WebWyze may periodically update the Terms. As a customer, it is your responsibility to regularly review these terms to stay informed of any changes. Changes to the terms will be communicated exclusively via email to you as a registered customer. By continuing to use our site and services after any changes have been made, you are agreeing to comply with and be bound by the updated Terms. If you find any changes to be unacceptable, your sole remedy is to discontinue your use of our site and services.

Contact Us

Thank you for taking the time to review our Legal Agreements. We appreciate your business and look forward to serving you. If you have any questions or concerns regarding this agreement, please reach out to our support team at (423) 463-0826, email us at support [@] webwyze.co, or contact us at our mailing address: 5958 Snow Hill Rd, Ste 144-103, Ooltewah, TN.