SLA

Immerge is dedicated to providing high-quality final solutions that meet all Client specifications. In addition to the full deliverables contracted for, Immerge proposes to include the following service terms with any agreement. All terms below are negotiable, though Immerge reserves the right to alter cost estimates in the event of significant variance from the terms below. Last updated February 28, 2015.

Immerge may change this SLA at any time by posting the updated version on and notifying Clients of such changes by email, and such revised SLA will supersede and replace the earlier SLA. If Client receives any services after such revision, Client will be deemed to have accepted the revised Immerge SLA.

1. Definitions

Hosting Provider Company refers to the hosting specialist companies from whom Immerge contracts their hosting.
Search Engine Optimization Company refers to the SEO specialist companies from whom Immerge contracts their hosting.
A Project can be a website, database system, search engine optimization work, or any other service provided by Immerge to the Client.
The word “Contract” as it appears in these terms and conditions shall mean the contract between Immerge (a division of McClung Printing) and the Client, which will be based on the terms and conditions contained within this Service Level Agreement.
The word “Content” refers to any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that is submitted, posted, or displayed on the website.
“Standard Hourly Rate” refers to our hourly rate for normal service and support. Work is performed at our earliest ability within the current work queue of Immerge. The rate is $125/hour for service and support on sites built by Immerge, and is $145/hour for service and support on sites not built by Immerge. Delivery times for services and support are estimated and not guaranteed unless otherwise agreed upon in writing.
“Consulting Hourly Rate” refers to our current consulting rate for research, discovery, and solution planning. This rate is $125/hour.
“Priority Hourly Rate” refers to our hourly rate for prioritized service and support. Work is performed at our earliest ability above the current work queue of Immerge. The rate is $195/hour for service and support on sites built by Immerge, and is $250/hour for service and support on sites not built by Immerge. Delivery times for services and support are estimated and not guaranteed unless otherwise agreed upon in writing.

2. Availability
Immerge’s office hours are Monday through Friday 9:00 am to 5:00 pm EST. Messages left via voicemail or email will be returned within one business day, though Immerge strives to respond as quickly as possible to all Client contacts. The timeframe for a full response is entirely dependent on the size and scope of the request.

3. Meetings
Meetings will be in person, over the phone or through online screen-sharing tools.

Client will be responsible for travel expenses and will pay hourly fees for travel time for all Immerge employees that have to travel to client location for consulting, design or other purposes unless previously agreed upon before meetings.
Hourly rates for Immerge are for individual employees, not as a company. If multiple members of Immerge are required for a meeting we will bill for each individual for each hour.

Example: 2 Immerge employees attend a 1 hour meeting, that will be billed to the customer for 2 hours.

4. Design Changes and Reviews
Immerge provides sign-off opportunities for all designs, with the opportunity for the Client to approve a design with final changes. These sheets are provided once Immerge and the Client agree that the design has met all requirements. Once an element has been approved and a sign-off sheet for that element has been signed additional changes to that element may incur additional charges at Immerge’s discretion.

Upon request for changes to design after the design phase,  we will pause the project, discuss the change(s) with you the Client, and notify you of the potential cost of requested functionality immediately. The timeline will also be updated since the schedule will be affected.

5. Addendums/Additional Features During An Active Project
For any feature not included in an existing and active project, Immerge will provide an estimate of time and cost within one week of fully determining feature requirements and needs.

The time estimate will include both the cost estimate of the new feature and the impact on the overall project timeline. Before any new work is begun, an addendum contract must be signed by the Client. We will pause the project entirely, discuss the change(s) with you the Client, and notify you of the potential cost of requested design work or functionality changes immediately. The timeline will also be updated since the schedule will be affected.

Immerge recognizes that each previous step in development constrains future development options to varying degrees. Any time features are added during development, there is potential of encountering a technical constraint that cannot be overcome within the scope of the current contract.

6. Hourly Services & Courtesy Estimates
Immerge provides hourly services for design, training, content and development on an as needed basis to Clients.

By signing any Immerge agreement, you the Client automatically enter into an hourly services contract for future work by email approval. No work will be billed or started until express email approval is given.

Time for communication is kept to a minimum to benefit our Clients, but ultimately is a necessary part of our overall service to you. We will provide updates on hours completed on a consistent schedule.

Hourly services are provided with a one-hour minimum per month if any requests are made and agreed upon. (So whether you request 15 minutes or 60 minutes total in a month, you will receive a bill for one hour total.) Additional work in the same month is billed in half hour additional increments. Immerge will review and may increase our standard hourly rate.

Immerge makes every effort to be accurate in their estimation of hours needed to complete requested deliverables. In the course of web development, changes occur for various reasons that can affect the end amount. Our estimate expectation is a good faith best judgment, but is non-binding.

Immerge reserves the right to charge a discovery/consultation hourly rate for researching possible solutions for a project estimate if three or more quotes are requested.

Immerge reserves the right during hourly work to charge the client for any expense incurred that are required to complete the agreed upon hourly work.

Hourly rates for Immerge are for individual employees, not as a company. If multiple members of Immerge are required for a meeting we will bill for each individual for each hour.

Example: 2 Immerge employees attend a 1 hour meeting, that will be billed to the customer for 2 hours.

7. Priority Service
We always work hard to take care of your needs quickly. However, if our timeline does not fit your needs we do offer priority support. Priority support is double our current standard hourly rate and varies depending on the service.

8. Training
Immerge will provide additional in person training, print or video documentation and/or phone as needed on an hourly basis. We will not provide any additional documentation beyond what is outlined in the contract unless requested and will require hourly service.

9. After Launch: Bug Fixes
Immerge will provide an initial response to bug issues within one business day, though Immerge strives to respond as quickly as possible. If the correction process takes more than one business day, Immerge will work with the Client to determine priority levels for any bugs. There will be no additional cost associated with correcting bugs originating from work performed by Immerge to the system.

In the event that the Client reports an issue which is related to a matter that falls outside of the project specification then Immerge will investigate this and email the Client a report and, if appropriate, a cost to carry out the additional work involved to resolve the issue.

Any discovered bugs that are found within 30 days of website launch will be corrected by Immerge at no additional charge. Special extended circumstances may be defined in contract for different terms, but otherwise if a bug is discovered after 30 days, the Client will be responsible for covering the cost of change.

10. Billing Structure, Invoicing, & Payment
Immerge reserves the right to invoice the Client at any time for work completed if a project extends beyond estimated and agreed upon deliverable date. Immerge invoices at the end of the month for all hourly work and fixed-cost projects completed in the month. We accept check or credit card payments.

You agree to pay costs and fees, including, but not limited to, late payment fees, reactivation fee, attorney or collections fees we incur to collect an unpaid balance from you.

11. Tracking Hours
Immerge keeps logs of past work for review upon request by the Client. Unless requested, Immerge will not save project records for more than three years after completion of the contract.

12. Website Hosting
Our hosting has an uptime performance of over 99.9%. Immerge will use their best endeavors to rectify the cause of any disruption in the hosting service of a Client’s website(s) and to minimize the duration of any such instances. Immerge will not be liable to the Client for any compensation in respect of any downtime that may occur with the hosting of their website(s).

Hosting fees are subject to change based on increased traffic to your website. You will be notified, but Immerge cannot guarantee that our monthly fee will not increase due excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed standard levels. It is extremely rare for these cases to occur.

All SQL Server databases used for Client websites are regularly backed up, and in the unlikely event of hard drive or other technical failure with the hosting will be restored and re-connected to Client website(s).

With regard to any images or files uploaded to a Client’s website by a Client it is the responsibility of the Client to retain a copy of these on their local PC/LAN. Immerge utilizes various backup processes for all website folders and files and may be able to avoid Clients having to re-upload files in the unlikely event of a technical failure with the web hosting.

In the event that a Client wishes to move their website and/or SQL Server Database to another web server supported by another party, then Immerge will cooperate fully, subject to all outstanding amounts being paid up in full, in advance. We will provide database and FTP access at no charge. Any other assistance will be provided at our standard hourly rate.

In the event that the Client requires assistance with remedying a situation with their website that is not a technical fault caused by Immerge, the time expended by Immerge will be charged to the Client in accordance with Immerge’s standard hourly rate at the time.
Immerge will invoice for Hosting twice a year for increments of six months in advance. Invoices will be sent in January and July. Reimbursements are not provided for unused months in the event of a move, unless express request is made in advance of next billing cycle.

Hosting begins 30 days after development begins unless otherwise agreed upon between both parties.

If a website built by Immerge is hosted with a separate organization, Immerge is in no way responsible for anything that breaks 30 after site launch.

Any additional costs for changes in security, bandwidth or otherwise is the sole responsibility of the Client. This can include hourly work by Immerge to make changes to the website or hosting environment to meet Client needs.

13. Email Hosting
Immerge does not provide email setup, consulting or support services. We can make MX record changes when changing to our hosting service as requested by Client or Client’s selected email service provider. However, the instructions for this and MX records must be identified and provided by Client.

Immerge is not responsible for any lost content, emails, logins or any other challenges that may come up during hosting transition. Immerge cannot trouble any problems regarding email services.

14. Search Engine Optimization Services
Immerge are expert at designing websites to perform well with the search engines and will liaise with Clients in trying to achieve high rankings for the appropriate keyword phrases.

Immerge accept no responsibility or liability to the Client for the actual rankings achieved or how such rankings may be impacted by moving your website to Immerge’s hosting or to a new platform or how such rankings may vary over time.

15. Confidentiality
Immerge will maintain the confidentiality of the Client’s source materials, technical
and marketing plans, and any other sensitive information shared. Any corporate secret documents provided to Immerge by the Client will be returned to the Client immediately upon request, or at the completion of the contract, whichever occurs first.

16. Project Cancellation & Project Point of Contact Change
Should the Client or Immerge stop the project at any time during the development period, Immerge will invoice for work completed up to the point of termination. All incomplete work will remain the property of Immerge. All payments already made will first be applied to these charges. In the event of Immerge cancelling this agreement, any unused funds from the deposits will be refunded within 30 days.

In the event that the Client primary point of contact changes during a project, the project will immediately pause and enter a separate hourly agreement to bring the Client’s new point of contact up to date on the project. This work could vary in amount of hours to accomplish a complete understanding of the project. Larger projects typically have larger amounts of time needed. Immerge reserves the right to determine when the project enters the originally estimated project hours again.

17. Damages
Immerge will not be liable to the Client or to any third party for any damages arising from the use of website. Immerge does not warrant that the functions contained in the website will be uninterrupted or error‐free. In no event will Immerge be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website.

Immerge makes every effort to be accurate in their estimation of project timelines. However in the course of web development timelines may frequently change and our timeline expectation is a good faith best judgment.

Immerge will make best efforts to ensure no design, email or any other content is lost should hosting, hackers or any other error on either Immerge, the hosting company or the Client should perform. Client agrees to pay costs and fees for any issue created and will not hold Immerge responsible for any permanently lost content.

Client agrees to pay costs and fees, including, but not limited to, attorney fees we incur due to any effort on your part or any third party to collect damages or any other financial contribution from Immerge.

18. Partners & Contractors
Immerge reserves the right to subcontract as needed for the completion of Client projects, always keeping in mind the Client’s best interests. In no event will Immerge be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website.

19. Copyright
The source code, scripts, css, functions and programming  for all websites remains the intellectual property of Immerge and may not be copied and used by any other party without the consent of Immerge.

All Client logo images, images unique to the Client and written copy belongs to the Client and is protected under Client’s copyright. Immerge will not reuse Client’s content without permission from the Client.

Immerge purchases EE licenses, pre-built templates, domain names, stock photography for use on the contracted project only. Any additional usage of purchased items must be approved by Immerge for outside use.

Any or all design files provided to Immerge by the Client are assumed to be rightly owned by the Client.

Regarding Provided Content & Design:

You are solely responsible for online conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that is submitted, posted, or displayed on the website.

You represent and warrant that: (i) you own the Content posted by you or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

You are soley responsible for any legal actions needed by Immerge due to a client’s misuse of Content.

20. Severability
If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

21. Browser Support
We support the current and previous major releases of Chrome, Firefox, Internet Explorer [Now Microsoft Edge], and Safari on a continuous basis. When a new version is released, we begin supporting that new version and drop support for the third most recent version.

Sites are not forward compatible. Once your site launches, if new issues arise due to new browsers or technology, hourly services from Immerge may be required to make your site compatible.

22. Maintenance
Ongoing maintenance plans must be signed for by the customer to receive maintenance of the sites. Any additional requirements with or without a maintenance plan 30 days after launch are hourly support.

Maintenance is a quarterly update to the latest version of EE and plugins. These are done one time on a quarterly basis and multiple updates within a quarter may incur additional hourly costs from Immerge.
Immerge cannot guarantee that EE and plugins will have 100% uptime without additional hours needed by Immerge to make updates.

Immerge is not responsible for any 3rd party tools that break, are not supported or any other damages that occur due to 3rd party tools.

23. Previous Agreements
New contracts supersede any previous verbal and written agreement. It is the client’s responsibility to ensure that all expected functionality is contained in this agreement.