Dative, Inc. Service Level Agreement

This Service Level Agreement ("SLA") applies to Dative, Inc. (“Dative”) and customers who engage Dative for website hosting, support, or maintenance services (each a "Client").

1. Authorization

Client is hiring Dative to provide support, maintenance, updates, and security for its website or application and is authorizing Dative to access the website or application to provide this support. If Dative is not hosting the website or application, Client will set up a separate contract with a hosting company and authorize Dative to access this account.

2. What’s Included

2.1 Graphical Updates. Adding, editing, and sizing pictures, videos, graphics, or images to the existing website that do not fall under the scope of the layout or actual design of the existing website.

2.2 Text Updates. Adding, editing, and/or removing any text or copy on the existing site, including but not limited to articles, reports, contact information, and product or service descriptions.

2.3 Weekly Backups. Maintain a full backup of the website or application through the duration of this contract.

2.4 Functionality. Ensure all links/images are working correctly and examine the website's overall health and proper functionality.

2.5 Website Uptime Monitoring. Monitor the website for uptime and address any downtime issues within 24 hours.

2.6 General Maintenance and Support. General maintenance and updates as requested by Client via Support Ticket.

3. What’s Not Included

3.1 Website redesign. The scope of this contract is limited to maintenance and does not allow for a complete or partial redesign of the existing website. Dative will advise the Client of any requested work that falls within these bounds and may require a different contract. Dative reserves the right to distinguish between "updates" and "new designs."

3.2 Error and Omissions. Dative is not responsible for errors or omissions in the content provided by Client.

4. Support Requests

To request website updates or other maintenance, the Client will create a Support Ticket by emailing their request to support@hellodative.com.

Dative will respond to all Support Tickets within one (1) business day of Support Ticket creation.

Support Tickets made after 3:00pm EST may not be received until the next business day.

Dative will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that Dative cannot deliver on a quoted deadline, Client will be notified via email or telephone.

Support requests made through other methods, including not limited to phone call, SMS, or email sent to an address other than support@hellodative.com may not fall under these

4. Cancellation

Clients can cancel their support plan at any time by email or phone. Client is not eligible for a refund of any currently paid or prepaid fees.

Dative reserves the right to cancel the Client support plan at any time. If Dative cancels the Client's plan, Dative will return unused support fees within 30 days of the cancellation.

If the Client chooses to cancel the plan, the Client will be responsible for securing new website hosting and any costs associated with migrating the website. Any work performed by Dative in offboarding the client from the hosting or support plan will be billed at the current hourly rate and is not included in the support plan.

5. Maintenance Terms

If the Client or any third party person attempts to access or accesses the server or website and makes changes to the website, database, server, or software that need to be remedied, any time to repair and/or restore the website, databases or any other script on the Client website will be billed at the current hourly rate and is not included in the support plan.

6. Additional Warranties

In addition to any Warranties and Representations set forth in the Dative, Inc. Master Services Agreement, Dative does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free. Dative is not to be held responsible for occasional downtime of email or website due to line interruptions and/or other instances beyond Dative's control, including but not limited to service outages from third-party vendors or software.

7. Laws Affecting Electronic Commerce

From time to time, governments enact laws and levy taxes and tariffs that affect Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Dative and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet electronic commerce.

8. Supplemental Agreement

The client agrees and understands that they are accepting the terms of this SLA, have read the terms, and fully understand the terms of the package accepted herein.

Client also agrees and understands that the agreement contained in this SLA constitutes part of the agreement between Dative and the Client regarding this website, and that this Supplement is governed by the terms of the Dative, Inc. Master Services Agreement.

9. Website Policies

Dative is not a law firm, and this is not legal advice. This section provides information regarding certain requirements for website policies.

9.1 Privacy Policy

A Privacy Policy helps website owners comply with privacy laws by providing specific disclosure requirements such as how their website collects, uses, and discloses personally identifiable information as well as all the disclosures required by the privacy laws that apply to you.
A comprehensive Privacy Policy is required to comply with privacy laws
Today’s modern websites are built to provide a great user experience and motivate prospective customers to reach out and inquire about what you have to offer. This is done through the use of tools such as contact forms, website analytics, and more.

Contact forms ask users to submit their ‘name’ and ‘email’, which are examples of personally identifiable information. When a website uses analytics, it collects each visitor’s IP address and shares that personally identifiable information with third-party data analytics providers. These are just a few examples of the many ways websites collect and share personally identifiable information.

9.2 Penalties for Non-Compliance

The collection of personally identifiable information is regulated under multiple privacy laws. For example, in the US, there are numerous state privacy laws that can apply to businesses, regardless of their location, and fines for non-compliance start at $2,500 per “infringement” (per website visitor). Each of these privacy laws has specific disclosure requirements that have to be added to your Privacy Policy to be compliant.

It’s also important to note that privacy laws in other countries could apply to you if you collect the personal information of, do business with, or provide services to residents of those countries.

In addition, over two dozen privacy bills have been proposed on a state level, each with its own unique disclosure requirements and penalties for not complying.

If passed, some of these bills would enable citizens to sue businesses (of any size or location) for collecting their personally identifiable information without an up to date and compliant Privacy Policy. Due to the ever-changing nature of privacy laws, we recommend that you not only have a comprehensive Privacy Policy in place but that you also develop a strategy to keep your policies up to date when these laws are amended or when new laws are implemented.

Outside of the legal requirements, Privacy Policies are required to use popular third-party tools. For example, Google requires a privacy policy for a website utilizing Google Analytics. You can find this requirement within section 7 of Google’s Terms of Service.

Google also recently announced that it is requiring all websites using AdSense to have a cookie consent banner. Since AdSense uses cookies and collects personally identifiable information, which is regulated under multiple privacy laws, Google is now required to ensure that websites using AdSense comply with those laws.

9.3 Cookie Policy and Cookie Consent

Cookies are little snippets of code that get inserted into the user’s browser and device when visiting a website. They can help ensure a website properly functions (aka essential and functional cookies). They can also track website visitors for analytics and advertising purposes (aka marketing cookies). Several privacy laws require users to provide consent prior to implementing non-essential cookies on their browsers. This is commonly done through a cookie consent banner, which will ask your website visitors to choose their consent settings. It is important to identify what privacy laws apply to you, and determine if you are required to provide a cookie consent solution on your website along with a Cookie Policy further describing the purpose of each cookie.

Failure to capture consent for non-essential cookies or third-party tracking technologies can result in significant fines or even lawsuits. Starting in 2024, for example, there has been a significant increase in lawsuits against US-based website owners (both small and large businesses and nonprofits) for non-compliance with CIPA (a law requiring consent from California visitors prior to tracking them with third-party technologies which are embedded into a website). A comprehensive cookie consent solution helps website owners comply with these laws, helping them respect the rights of their website visitors, while also reducing the chances of lawsuits and non-compliance penalties.

9.4 Terms of Service

A Terms of Service Agreement limits the liability of businesses (aka helps reduce the risk of website-related lawsuits) by stating the rules for using the website.

Example disclosures

Third-party links: When a website offers links to third-party websites, a Terms of Service can help explain to users that the business is not responsible if a user clicks those links. So, if a third-party link brings a user to a hacked website, the Terms of Service disclosure can help prevent you from being sued.

DMCA Notice: A Terms of Service agreement can also provide a DMCA notice, which helps prevent a business from being sued by providing contact information in case the website accidentally uses copyrighted material (like images or content).

A Terms of Service can make many additional disclosures, but these two are the most popular and are easy ways to protect your website and your business.

9.5 Website Disclaimers

A Disclaimer is a document that helps limit your responsibilities and liabilities for your website in certain circumstances.

Does your website:

• Advertise third-party products or services? A Disclaimer will help you protect yourself if a user clicks on the third-party advertisement and gets a virus, is somehow injured by the product or service, or is not happy with the third-party product or service
• Sell or display health products? A Disclaimer will help you protect yourself in this case if the health products do not work as they should, do not deliver the results that were expected or if the user gets injured by the health products.
• Participate in an affiliate program? An affiliate program is a program whereby you list a particular link on your website and, if the user clicks on that link or purchases the products that the link displays, you receive money from the manufacturer of that product. A Disclaimer will help you comply with the affiliate program’s Terms of Service as most affiliate programs require you to provide a Disclaimer and will help you keep your user’s trust.
• Provide health and fitness advice. A Disclaimer will protect you in case the user gets injured after following your health and fitness advice, much like the beginning of those exercise videos that you will watch in January of next year.
• Provide information that could be seen by others as legal advice? A Disclaimer will protect you by stating that there is no attorney client relationship and that this advice is not legal advice, thus protecting you in case something goes wrong.

9.6 How to Obtain Website Policies

Dative recommends hiring a lawyer who focuses on privacy law to write website policies, monitor privacy laws, and update them when they change or new laws go into effect. If this is not feasible for Client, Dative recommends using Termageddon.

Termageddon is a comprehensive website policies generator platform that updates your policies when privacy laws change, or new privacy laws go into effect, helping you stay compliant and avoid privacy-related fines and lawsuits.

Dative has a relationship with Termageddon and can assist Clients with with linking those policies to the website. Client is under no obligation to utilize Termageddon. If you choose to use Termageddon’s services, your relationship will be directly with them and governed solely by their Privacy Policy and Terms of Service.

9.7 Website Policies Waiver Acceptance

By entering into this SLA with Dative, the Client acknowledges that Dative has informed the Client that applicable (state, national, or international) law may require their website to have a Privacy Policy or other legal policies in place. Dative does not provide legal advice or policies as a service and is not responsible for the Client's business complying with any applicable laws.

The client acknowledges and understands that not having policies, terms, or other legal documents on their website may make them non-compliant with multiple laws. The Client further agrees to hold Dative harmless for any violations of law or acts regarding privacy, consent, data storage, or other legal requirements.