Company Name: [Company Name] (“Customer”)
Provider: Webera, Inc, a Delaware Company (“Provider”)
By subscribing to the DevOps On-Demand service, Customer agrees to the terms and conditions set forth below.
1. Engagement and Services
1.1. Engagement. Provider agrees to provide, and Customer agrees to subscribe to, the DevOps On-Demand services as outlined in this Agreement and detailed in the Provider’s service catalog.
1.2. Services. Provider shall:
- Perform the DevOps On-Demand services as described in the service catalog.
- Devote the necessary resources and time to deliver services within the agreed timeframes.
- Provide services in a professional and timely manner, ensuring high-quality standards.
- Ensure that all materials and equipment used are of good quality and suitable for the services provided.
1.3. Subscription Plans. Customer may select from different subscription plans as detailed on Provider’s website, each tailored to meet diverse needs and including specific service entitlements.
2. Subscription Terms
2.1. Term. This Agreement begins on the date of subscription and continues until terminated by either party as per the termination clause below.
2.2. Termination.
- By Customer: Customer may pause or cancel the subscription at any time via the online platform.
- By Provider: Provider may terminate this Agreement with 30 days’ written notice or immediately for cause, including non-payment of fees, violation of terms, or misuse of services by Customer.
3. Service Delivery and Scope
3.1. Kick-Off. Services commence with a kick-off call to understand Customer’s requirements and set up a GitHub repository for collaboration.
3.2. Communication Channels.
- For the Standard plan, collaboration and communication will primarily take place through the designated GitHub repository.
- For the Pro plan and above, a shared Slack channel will be set up in addition to the GitHub repository to facilitate real-time communication and collaboration.
3.3. Request Handling.
- Requests should align with the selected subscription plan.
- Provider will acknowledge requests within 4 business hours and strive to deliver within an average of 48 hours, depending on the complexity of the request.
- For complex requests, timelines may be adjusted in consultation with Customer.
- Provider will communicate with Customer about the progress of the services and any issues that may arise.
4. Payment and Billing
4.1. Fees. Subscription fees are payable monthly in advance as per the rates listed on Provider’s website. Fees are non-refundable, and no additional compensation will be payable after termination.
4.2. Billing. Payments must be made using the provided payment methods. Failure to make timely payments may result in service suspension or termination.
5. Support and Communication
5.1. Support Levels. Support is provided according to the terms of the selected subscription plan, which may include different levels of email, Slack, and direct support.
5.2. Escalation Process. If a request exceeds standard service scope, Provider will inform Customer within 8 business hours and initiate an escalation process to find a suitable solution.
6. Confidentiality and Security
6.1. Confidentiality. Provider will treat all Customer information as confidential, use it solely for the purpose of delivering services under this Agreement, and not disclose it to third parties without Customer’s prior written consent, except as required by law.
6.2. Security. Provider commits to handling Customer’s data according to its Privacy Policy and implementing industry-standard security measures.
7. Intellectual Property
7.1. Ownership. All work product and deliverables created by Provider in connection with the services shall be owned by Customer upon full payment.
8. Disclaimers and Limitations
8.1. Service Quality. Provider will use commercially reasonable efforts to deliver high-quality solutions but does not guarantee uninterrupted or error-free services.
8.2. Liability. Provider’s total liability for any and all claims under this Agreement shall not exceed the total amount paid by Customer to Provider during the twelve (12) months preceding the claim. Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
9. Governing Law
9.1. Law and Jurisdiction. This Agreement is governed by the laws of the Commonwealth of Virginia, and any disputes shall be resolved in the courts of the Commonwealth of Virginia.
10. Notices
10.1. Delivery Methods. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, or by email to the addresses specified by each party.
11. Severability
11.1. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12. Entire Agreement
This Agreement, along with the Terms of Service and the subscription details provided on Provider’s website, constitutes the entire agreement between the parties and supersedes all prior communications and agreements.
By subscribing to the DevOps On-Demand service, Customer acknowledges and agrees to the terms of this Agreement. This subscription acts as an implicit acceptance and signing of this Agreement.