Service Level Agreement
This agreement sets out clearly what you have a right to expect from Espresso Marketing as your Digital Agency. Equally, it explains the limits of our liability and responsibility. This agreement forms part of our commitment to transparency and openness that we believe is vital to any business relationship. By clarifying entitlements and responsibilities upfront it also helps to streamline projects and ensure their timely delivery.
1. Definitions
As used in this SLA, the following terms shall have the meanings specified below. Any capitalised terms not defined herein shall have the meaning attributed to them in a further Active Subscription. In this SLA the singular includes the plural and vice versa; the words “month”, “year”, and “quarter” mean calendar month, calendar year, and calendar quarter, unless otherwise stated; and the word “including” (or any analogous word or phrase) means “including without limitation”.
1.1. A Service Level Agreement (“SLA”) is like a warranty. It outlines what is covered should any issues occur within a project or service that is executed under an Active Subscription.
1.2. A “Request” can be a brand, website, graphic elements, digital campaign, PPC/SEO/SEM service, animation, motion graphics, video, strategy, lead generation, consulting, or any other design or service that can include but not be limited to: print material, signage, web graphics, copy-writing, content writing, photography, marketing campaigns or strategy provided by Espresso Marketing to the Client.
1.3. “Frustrates” is a term used to describe where one party to a contract acts in a way so as to make it unrealistic for the other party to carry out their part of the contract. This can include, but isn’t exclusive to; not replying to calls or emails in a timely manner, not providing items necessary for the continuation of work, not adhering to agreed-upon limitations of scope.
1.4. The word “contract” as it appears in these terms and conditions shall mean the contract between the Espresso Marketing and the Client during an Active Subscription, which will be based on the terms and conditions contained within this Service Level Agreement (SLA).
2. Contract
2.1. The terms and conditions contained in this SLA apply to all Clients unless agreed in writing to the contrary. The general Terms and Conditions laid out on this website will also apply alongside this SLA. No other contract terms and conditions shall apply unless specifically agreed in writing between Espresso Marketing and the Client. In the event of any ambiguity between these terms and conditions, and any terms agreed in writing between the Espresso Marketing and the Client, then these terms and conditions will apply.
2.2. This SLA, as well as the agency’s general Terms and Conditions, will accompany all time estimates and strategy advice from Espresso Marketing, and be available on Espresso Marketing’s website. By submitting a Request to Espresso Marketing, and accepting a timeframe, consultation, strategy, etc. from Espresso Marketing, the Client is also accepting the terms and conditions contained in this SLA, as well as the agency’s general Terms and Conditions.
2.3. Espresso Marketing reserves the right to make any changes to their terms and conditions from time to time.
2.4. This contract is governed by the law of Hong Kong SAR and is subject to the exclusive jurisdiction of the courts of Hong Kong SAR.
3. Use of Third Parties
3.1. Espresso Marketing, if required, may act as the Client’s agent and directly or through an intermediary ask another contractor and/or supplier (‘Third Party/ies’) to carry out aspects of a project (i.e. Printing or Hosting).
3.2. Espresso Marketing is not responsible for any costs or payments associated with Third Parties. The Client must pay for these charges directly.
3.3. Espresso Marketing will take all reasonable care if selecting and instructing a Third Party. However, Espresso Marketing will have no control over the activities of the Third Party and therefore accept no responsibility for the services provided to the client by that Third Party contractor or for any errors or omissions in its work or products.
4. Design Services
4.1. For all design services including, but not limited to, print design, web design, infographics, brand materials, signage, animation, etc – a time estimate will be calculated and then submitted to the Client.
5. Digital Marketing Services
5.1. For all digital marketing services including, but not limited to, content writing, copywriting, optimisation, marketing strategy, analytics, SEO/SEM, PPC, marketing consultation, brand development, business development, lead generation, public relations, etc – a time estimate and strategy will be calculated, particularly if the Request needs to be repeated on a monthly basis, or is a Request that will use up a significant amount of time and reduce the ability for other Requests to be serviced, and then submitted to the Client.
6. Website & Hosting Services
6.1. All websites are designed on a bespoke basis for the Client unless use of a template is indicated in the original specification. The Client acknowledges that ‘bespoke’ in this context does not describe the features of the Website’s Content Management System (CMS), unless Espresso Marketing specifically agrees in writing to provide the Client with a bespoke Content Management System.
6.2. If a new website build is requested, Espresso Marketing will connect with the Client prior to the Request being accepted to review the timing and schedule of such Request via email before commencement any Works or Services. It should be well noted that a Website Request is not a small request, and may use up several months of your subscription and all remaining Requests for that period and subsequent periods. A subscription that is cancelled after a Request is made for a Website, but before the Request is completed, will forfeit immediately all work already completed by Espresso Marketing.
6.3. Espresso Marketing will offer to Clients third party services such as those offered by Google to enhance the performance of their websites. Espresso Marketing may advise on the setup and maintenance of such third party services, and if additional Requests to complete a service is needed. Espresso Marketing will not be liable to the Client for any interruption, non-performance, or cancellation of the provision by third parties of any such services.
6.4. Should a Client have or gain access to their website code files and make changes themselves or edit settings in their content management system during an open Request without advising or consulting Espresso Marketing, this will be classed as frustrating the progress of a project contract and the current Request may become invalid. Any subsequent work to rectify any issues caused and to bring the website back to state it was before will automatically use your Request allocation for the following subscription month.
7. Sign Off
7.1. The Client will always receive a digital proof of work in order to sign off a Request. Digital proofs, samples, sketches, photographs, links or any other digital representation, whether partial or total, of the finished article in whatever form may be submitted to the Client for approval.
7.2. Colour print proofing is available at the discretion of the Third Party Service. It should be noted that most colour print proofs are available on printer’s film and therefore do not represent the final print quality or stock. Espresso Marketing will not be held responsible for discrepancies in the print process, inks, colours or stocks once a printer’s proof has been signed off.
7.3. Once happy to sign off Works ready for production, Clients are to approve all files, artworks, renders, development modes and designs in writing (e.g. via the open Request email chain) to Espresso Marketing, having thoroughly checked that the work in question requires no further amendments.
7.4. It is vitally important that the Client proofreads and checks all files, artworks, development sites, test renders and designs thoroughly before sending approval. Espresso Marketing will not be held responsible for any errors present in work that has been signed off by the Client.
7.5. Should an approved file, artwork or design already have gone into production at the time that the Client requires an amendment, the Client will need to open a new Request which will then be subject to the same scope and limitation of any other new Request.
7.5. Espresso Marketing will deliver all products via digital means unless otherwise arranged by the Client.
7.6. Any extra costs incurred upon request of an alternative method of delivery must be met by the Client.
8. Performance & Delivery
8.1. Espresso Marketing will take all reasonable steps to ensure that the specification quoted for the Client functions as intended.
8.2. In the event that the Client reports that some part of the specification is not functioning correctly then Espresso Marketing will investigate this and take corrective action.
8.3. In the event that the Client reports an issue that is related to a matter that falls outside of the project specification then the Client will open either a new Request, or a new Support Ticket.
8.4. Espresso Marketing will provide the Client with an estimated timeline for the progress and completion of any Request, and how this will impact any remaining Requests for the current subscription period, or Requests in subsequent subscription periods. Espresso Marketing will use its reasonable endeavours to meet those timelines (as long as the Client performs the Client’s obligations promptly) but, unless Espresso Marketing agrees otherwise, any timelines or projected completion dates are estimates only and Espresso Marketing cannot guarantee that they will be met. In any event, Espresso Marketing shall have no liability to the Client if Espresso Marketing is delayed in performing or is unable to perform any of its obligations under the Contract due to circumstances beyond its reasonable control.
9. Termination and Refunds
9.1. Cancellation can occur at any time. Espresso Marketing has inherent cancellation fees or fixed contracts. A Client is not required to stay with Espresso Marketing for any fixed amount of time – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.
9.2. Once canceled your subscription will run until the next billing cycle. Any Requests with an estimated completion date after your final day will be managed on a case-by-case basis, with some that may run to completion and others that may be forfeit.
9.3. In the event that the Client becomes insolvent or goes into liquidation, Espresso Marketing will terminate the subscription with the Client immediately.
9.4. Espresso Marketing may terminate or suspend any and all Services and/or your Espresso Marketing account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach our Terms and Conditions. Upon termination of your account, your right to use any Services will immediately cease.
9.5. In the event that we, Espresso Marketing, terminate your subscription prior to work commencing for any reason, a full refund of the monthly payment will be made to you.
9.6. In the even that you decide to cancel your subscription, you will not be billed again unless you decide to re-subscribe. Note that you will not be refunded any payments already made, and no refunds will be given on Works or Services completed and/or delivered/published.
9.7. In the event that Espresso Marketing has tried to contact the Client (by any means) more than twice over the course of an Active Request without success, this can be seen as the Client frustrating the progress of the Request and therefore, Espresso Marketing reserves the right to cancel the Request.
9.8. The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
9.9. Obligations set out in Espresso Marketing Terms and Conditions, and Service Level Agreement, that expressly or by implication survive termination shall continue in full force and effect.
