045 239 8050
Key information of this Agreement framework
Support contact channels
Preferred contact method: firstname.lastname@example.org
Premium clients: #Slack
Urgent – Critical failures
Telephone: 045 349 8050
Method of cooperation, Scope of this agreement
The Customer and Supplier specified above have agreed in accordance with the Terms and Conditions of this Agreement that the Parties carry out the iterations described in this Agreement and the Supplier delivers as the result of such the releases defined in this Agreement to the Customer.
Service consists of a tailored WordPress-installation that produces a web service, this End deliverable is referred later as Service.
Service runs on a platforms recommended by the Supplier and approved by the Customer.
Service’s installations exists on the following environments mentioned in the first section of this document, Key information.
Supplier has full access to environments. Customer has been given admin access to development and testing env.
Deliverables of this Agreement
Maintenance and Support work
Main purpose of this delivery is to secure and guarantee Customer’s ability to utilize the Service. Support consists of the “post launch” life of website and other services appended later by separate agreements.
In short, it includes support tasks for the website, Maintenance or Support.
Maintenance tasks consists of technical fixes and security updates on features or subsections of the website functionality. Maintenance is ongoing autonomous work done to keep the service in use.
Support tasks consists of small development tasks for the site, organisational aid as training new users, troubleshooting content issues and small content related or cosmetic issues. Support is aid that is given upon request to help customer to utilize the service at high potential.
Suppliers mission is to maintain the Service in such a way that it remains usable and on adequate level regarding digital information security. Maintenance tasks should be planned in a manner in which the negative side effects and other disruptions for the Service are limited.
Circumvention of a technical problem by training or written instructions is a recommended method for a found technical issue to avoid Service disruptions during high usage period if this can be implemented without major accrued costs.
Support is available Mon-Fri 9-17 (Helsinki). Support can be initiated by the key users. The channels of contacting and initiating the support have been listed in the first section of this agreement.
Service is monitored 24/7. For system critical issues support work is initiated autonomously also outside office hours.
Standby 24/7 support upon request
It is possible to request 24/7 standby of a webteam for high availability support in mission critical situations. This will be invoiced separately according to current tariff.
Urgency of reported issues
Urgent / Priority
Incase of Service being completely unavailable or its core features hindered useless for all end users, situation is considered Urgent and Supplier will initiate required maintenance and support functions immediately to remedy the situation. This work will continue until the Service is restored.
Where parts of the Service experience difficulties or there are cosmetic issues on of the site or subsection of the userbase is affected by the error, the Supplier will initiate required maintenance and support functions within 24 hours to remedy the situation. The support tasks will be handled normally during Mon-Fri office hours.
Measurements and reporting
Supplier has set up monitoring system for the service. Uptime and traffic reports are supplied by emailing reports to requested e-mail address in preset intervals. These monitoring services are in function until further notice.
The following monitoring tools / methods are in effect:
Newrelic – Service response times (few monitoring locations, few key measuring points)
Report of maintenance work affecting the Service is delivered to key users monthly.
Installation, Updates and Other maintenance work
Supplier has the right to perform maintenance and other support operations to resolve a discovered security risk. Non-critical updates will be timed for low traffic periods but for critical updates, the supplier will inform the client when they are been applied during the peak traffic hours of the day.
Intrusive or disruptive but non-urgent tasks are carried out during preset, pre agreed scheduled maintenance window.
Data security, Backups, Confidential or Sensitive material
Supplier is responsible in making sure that general data security requirements are met by installing security updates in timely manner. Incase parts of these responsibilities are divided or extended to third party members (fex. outsourced server farm of hosting partner) the signing party have responsibility to monitor that subcontractors meet the same necessary requirements.
Unless otherwise agreed in writing, Supplier has implemented methods of taking backups of Service and has necessary functions in place to recover the Service from such backups. Supplier also holds the rights to store any data from the Service for development and maintenance purposes unless this is specifically prohibited by the Customer. Any copies of this data is stored securely and remain within EU.
If there is a necessity to recover the Service using backups or other recovery methods due to actions by Customer, The supplier can invoice the maintenance task on normal hourly tariff.
Supplier maintains and updates documentation related to maintenance tasks including the regular updates, maintenance work, monitoring report etc.
Cost and terms of payment
Recurring costs are primarily appointed for maintaining the server software and applying security patches for WordPress Content Management System that is the software platform for the Service.
Secondary function of recurring cost is to enable key users access to required support channels. There is a budget for approximately 1 hour of work per month for this feature.
Separate tariffs | Additional Work
Separate tariffs can be used for any tasks that Client requests that are not included in the recurring maintenance work. These can be agreed separately or invoiced monthly by hourly billing.
The recurring cost does not include change management, content creation, functional development or functional maintenance. In such a case Supplier will inform the Client of anticipated extra charges or parties can agree on monthly budgeted amount of services available for keyusers to use.
Other charged items would be external transferred items such as software licenses, font, photography and other graphic related costs and travel costs.
Supplier will inform the client of changes in the tariffs, service menu is checked annually during 1st month of the year.
Terms of payment
Service is invoiced accordingly
- Payment term 14 days
- Vat tax applied for EU clients 24 %
- Recurring payment is invoiced quarterly
- Separate tariffs and other work invoiced monthly
- Interest on delayed payments according to Finnish legislation
Validity and termination of contract
Unless otherwise agreed in writing, this contract is in effect until further notice. This agreement can be terminated by Customer by giving 3 months written notice or by Supplier by giving 6 months written notice to respecting party. If a preset end date exists, this contract will automatically end without separate notice.
In Case of delayed payments, the responsibilities of Supplier cease to deliver maintenance work after three weeks of overdue on payments unless there is a mutually agreed alterations to payment schedules. Responsibilities of this contract are automatically reinstated after transfer of funds in full have been confirmed. Supplier is not liable to compensate any damages caused, missing maintenance work or other payments during this cessation of services. The cessation of services does not remove the Customers financial responsibility to compensate for any of the work accumulated under this Agreement.
Transfer of or Changes to Agreement
This Agreement can be altered or transferred to other parties only with a written agreement by both parties. Client can request the supplier to provide “assistance in migration of Services” to alleviate any issues resulting in termination of this contract. Such thing include but are not limited to documentation, training, planning, technical work, code changes etc. Supplier is allowed to invoice these services according to up-to-date tariff. Duty to assist ceases after three (3) months from the end of contract.
Duty to assist in transfer no longer exist if the Agreement is terminated due to Customer’s breach of the terms and conditions of this Agreement such as refusal to pay. Duty to assist can be recovered once accrued invoicing is sorted and Customer deposits resources for future work.
Liabilities and Compensation
The signing parties are not responsible to each other of the damages caused by a 3rd party. This includes damages caused things such as successful malicious network activity, hacking, damages caused by natural disasters or other critical failures that can be considered under Force Majeure.
The respective parties are not responsible or liable to compensate direct nor indirect damages caused by such catastrophic failure. These include loss of revenue due to unavailability of Service, or loss of advertisement efforts during such event.
The maximum liability of Supplier to Client is 75% of the recurring charge due (no tax) with all damages included.
Force majeure: A Situation where anticipated time schedules, costs or other terms of this agreement are exceeded. In such case Client and Supplier will inform each other without delay.
There are no changes to Immaterial rights under this Agreement. Any deliverables that have been created or alter the Service continue to respect the preceding agreements.
Both signing parties can freely utilize vendors and other outsourced help in this project but it is the outsourcing party that sees to it that their vendors follow the same rules set in this contract. Upon request, a signing party will declare all outsourcing connections related to this project for review.
Both parties agree to respect the confidentiality of respective party and their 3rd party representatives during and after the cooperation. This does not apply to otherwise public information.
Confidentiality is not in effect incase law enforcement or other governmental organisation within its legal rights demands to surrender confidential material of respected signing party. In such situation the parties are to inform of this cooperation with authorities without adelay unless the court order specifically prohibits it.