Service Level Agreement ("SLA")

Updated 10/30/2023

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 online.
2. "WebWyze Digital Website" or "Website" means a WordPress website which is designed and developed for the Client by WebWyze under common control, developed, customized, hosted and managed by WebWyze for the Client with ongoing support for the Term of this agreement, which shall only have textual navigation, stock photography from WebWyze licensed affiliates, graphic design & Developed Content; where domain name is a separate Internet resource.
3. "Paid Media Campaign Management" means creation and management of Client's paid media campaigns in Targeted Geographic Area where advertisements may be displayed on search engines, such as Google, Yahoo, Bing and/or Meta advertising channels.
4. "Reputation Monitoring & Reporting or WebWyze 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. "Organic Marketing" means onsite and/or offsite efforts to further Website ranking organically for relevant search terms as determined by Company: monthly blog posts, monthly social media posts, natural link building, Google Business Profile management and Citation Management after Launch.
7. "Campaign Creation & Activation" means the recited non-refundable consideration paid by Client on Effective Date to activate your WebWyze account.
8. "Local Marketing or Local Marketing Program" means the monthly service funds paid in advance by Client which is for The Services which 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 Geographic 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" means the date Website is first publicly accessible online after Client approval. Launch is scheduled for 6 weeks after Effective Date.
15. "Term" means the Commitment Length of this Agreement.
16. "Charge" or "Charges" means payment that is due for any Services.
17. "Third Party Networks" means Google Ads Advertising Platforms.
18. "Lead Nurturing" This means the optional lead generation service that is an integral part of WebWyze's local digital marketing services, offering a comprehensive suite of lead nurturing tools and features to enhance marketing efforts.
19. "The Email" referred to in this Agreement means the email sent to you from WebWyze that will outline the features, services & price to be deployed to your domain name. This is the email that you accepted and replied to with the message "I AGREE" as instructed by WebWyze.

Client's Responsibilities

Third-Party 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.
Online Terms of Service. Client acknowledges that they have read, fully understand and agree to all legal documents described at: https://WebWyze.co/legal/.

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 offers telephone and email support to clients during standard business hours, specifically from 9 AM to 6 PM EST, Monday through Friday. While we strive to address weekend inquiries promptly, responses will be guaranteed 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: WebWyze commits to resolving all customer support requests within 24 to 72 business hours. If a resolution requires more time, a clear deadline for completion will be communicated.
Data Security and Privacy: At WebWyze, we place paramount importance on the security and privacy of our clients' data. To maintain the integrity of our interactions, communication regarding data protection measures and protocols is exclusively directed to our registered customers. Our primary client contacts have the privilege to list sub-accounts—individuals authorized to call in for support and request updates or changes to the website. This structured approach ensures that all requests are channeled through trusted and designated representatives, safeguarding the confidentiality and accuracy of our services
Performance Metrics: The success of our marketing services is gauged using specific Key Performance Indicators (KPIs). These metrics are diligently tracked via the WebWyze 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; Termination of This Agreement

Term. This Agreement operates on a month-to-month basis and requires a thirty (30) day cancellation notice. If not canceled, WebWyze' Services will automatically renew each month on the same day as the initial service activation, referred to as the "Anniversary Day.
Charges. Client agrees to pay the Charges as outlined in The Services. Once initial payment is received, Company will then begin to deploy Services to the domain outlined in The Services.
Termination of Services. This Agreement remains in effect until terminated or canceled as outlined herein. Typically, any Party may terminate this Agreement with a minimum of thirty (30) days' prior written notice emailed to contracts[at]WebWyze.co, followed by a scheduled phone call to prepare offboarding. However, either party reserves the right to terminate the Agreement immediately under specific conditions, such as a breach of contract terms, non-payment, or other significant issues that warrant 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 Marketing" as outlined in The Services.

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 that result in adverse effects on the Website may result in additional hourly maintenance charges.
LocalInsights: WebWyze will provide a reporting platform called "LocalInsights" which will display full Key Performance Indicators (KPIs) to the Client on demand. The Client agrees to use the LocalInsights 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.

Basic Google Business Profile (GBP) Management Services

If Client has elected to receive LGBP Services as described in The Email, the following terms shall apply:

WebWyze will create and manage the Client's Google Business Profile for a single Google Business Profile as listed in The Email.
WebWyze will ensure that the profile accurately represents the Client's business and is optimized for search engine visibility.
WebWyze will make one monthly post as stated in The Email.
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.
Other Services: Services under our Website Service Agreement (WSA) and our Hosting Service Agreement (WSA) shall apply.

Social Postings

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

Social Media Platforms: WebWyze will create, manage, and post content on the following social media platforms, as specified in The Email:

- Google Business Profile (GBP)
- Facebook
- Instagram
- LinkedIn
- [Additional Platform X, as defined in The Email]
Posting Frequency: The frequency and schedule of social media postings will be defined in The Email, outlining the number of posts per platform within a specified timeframe.
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.
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 Email. WebWyze will make reasonable efforts to accommodate the Client's feedback and preferences.
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.
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.
Engagement and Interactions: WebWyze may monitor and engage with social media users on behalf of the Client to respond to comments, messages, and inquiries as outlined in The Email.
Advertising and Boosted Posts: If Paid Ads are elected by Client, WebWyze may create and manage social media advertising campaigns, including boosted posts, to increase the reach and engagement of social media content. Advertising fees may be separate from Social Posting fees and will be outlined in The Email.

Lead Nurturing

WebWyze offers a comprehensive suite of lead nurturing services designed to enhance our clients' marketing efforts. These services aim to streamline the lead management process, ensuring that every potential customer is effectively engaged and guided through the sales funnel. The specific services under "Lead Nurturing" include:

Lead Management: We take charge of lead capture and sorting, ensuring every prospect is organized and given top priority.
Simplified Scheduling: If applicable and as described in The Email, Our managed calendar syncing and reminder system ensures you never miss a booking. It's an elegant and efficient approach to managing your appointments.
Organized Outreach: If applicable and as described in The Email, Every lead generated is captured and managed by us, maximizing the potential for conversion.
Automated Follow-ups: Our designed campaigns focus on fostering connections, turning leads into loyal customers.
Feedback & Reputation Management: If applicable and as described in The Email, We assist in collecting reviews, allowing you to refine your services. Build a reputation that attracts and magnetizes new clients.
Drip Campaigns: If applicable and as described in The Email, Automated email sequences that provide relevant content over time, guiding leads through the buying journey.
Email Marketing Campaigns: If applicable and as described in The Email, We design and execute targeted email marketing campaigns that nurture leads through personalized content, offers, and communication, keeping your brand top-of-mind.
Content Creation: If applicable and as described in The Email, Develop content, such as email copy and landing pages, tailored for lead nurturing campaigns.

By leveraging these services, WebWyze aims to provide our clients with a holistic approach to lead nurturing, ensuring that no potential customer is left unattended.

Local Listings (Managed Online Business Directory Management)

If Client has elected to receive Local Listings Services as described in The Email, the following terms shall apply:

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.

Local SEO

If Client has elected to receive Local SEO Services as described in The Email, the following terms shall apply:

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.
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.
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.
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.
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.
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.
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.
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.
Guest Posts (Metro Only): If applicable and as described in The Email, 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.

Paid Ads

If Client has elected to receive Paid Ads Services as described in The Email, the following terms shall apply:

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 Email. 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
Management Fee Billing: Management fees for Paid Ads will be billed separately and paid in arrears. The billing cycle and payment terms for management fees will be outlined in The Email. Client agrees to promptly pay all management fees in accordance with the agreed-upon terms.
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.
Minimum Ad Spend + Management Fee: WebWyze charges a minimum management fee for Paid Ads, as outlined in The Email. The minimum fee ad spend is $499 plus a percentage of the ad spend as stated in The Email. The specific percentage of the ad spend is detailed in The Email. Client acknowledges that the percentage of the management fee may vary based on the ad spend, and the details of this fee structure are provided in writing.
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 Email. Failure to make timely payments may result in the suspension or termination of Paid Ads services.

Other Services

Services under our Website Service Agreement (WSA) and our Hosting Service Agreement (HSA) shall apply in conjunction with Local Marketing Services unless otherwise specified in The Email.

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.

A payment that is past due by 10 days incurs a 5% late fee.
Services may be temporarily suspended until payment is received.
In the event of any delinquent payment, ad campaigns and third-party services may be halted until the outstanding amount is settled.
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 Agreement 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

Any chargebacks initiated by the Client are deemed a Material Breach of this Agreement. In addition to immediate termination of Services and/or the Agreement, a fee of $25.00 shall be imposed for each chargeback to cover administrative and processing costs. Clients are responsible for all costs and fees associated with the collection of these amounts, including any legal fees or additional charges.

Effective Date

This Agreement will become effective when Client executes The Services. The date The Services is executed by Client will be deemed the date of this Agreement. To execute The Services, please follow the instructions in The Email provided by WebWyze.