Service Level Agreement (SLA)

• DEFINITIONS AND INTERPRETATIONS
• SERVICES AND DELIVERABLES FOR INDIVIDUAL AND BUSINESS USERS
• PERFORMANCE METRICS AND SERVICE DELIVERY
• DATA PROTECTION AND PRIVACY
• LIABILITY AND EXCLUSIONS
• TERMINATION CLAUSES AND AGREEMENT DURATION
• DISPUTE RESOLUTION AND GOVERNING LAW
• CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS

1. DEFINITIONS AND INTERPRETATIONS

1.1. “Agreement” and Components
The term “Agreement” refers to this Service Level Agreement (SLA), which encompasses all documents, amendments, annexes, and schedules that may be created during the term of this contract. The Agreement applies equally to individual consumers and business clients who engage with Agency Click services.

1.2. “Parties” and Their Responsibilities
A “Party” refers either to the Service Provider (Agency Click) or the Customer. “Parties” refers to both entities collectively, each having defined rights and obligations under this SLA.

1.3. “Service Provider” and Scope of Services
The “Service Provider” is Agency Click, a company responsible for the provision of software services, digital products, and subscription models. The Provider owns the services and is responsible for their development, maintenance, and delivery.

1.4. “Customer” and Categories
A “Customer” refers to an individual (consumer) or a business entity (corporate client) who enters into this SLA with Agency Click. The SLA applies equally to both individuals and businesses, with specific provisions for each as outlined in the service agreement. Customers may be partners, resellers, or end-users of Agency Click’s offerings.

1.5. “Services” as Defined and Delivered
“Services” include software platforms, tools, applications, subscription models, and consulting services offered by Agency Click. These may vary based on the specific needs of individual customers versus business customers, but all services are governed by the same contractual terms.

1.6. “Data” and Usage in Services
“Data” refers to all information provided by the Customer to Agency Click, including business-related data, user information, or any materials shared for the purpose of receiving the Service Provider’s services. The data is handled in accordance with privacy regulations and service standards as defined in Section 4.

2. SERVICES AND DELIVERABLES FOR INDIVIDUAL AND BUSINESS USERS

2.1. Description of Services Offered to Individual Users
Agency Click provides a range of services to individual users, including but not limited to:

• Software Solutions: Access to cloud-based platforms, apps, and digital tools tailored for personal use.
• Consultation and Support: Access to customer support for technical inquiries, troubleshooting, and usage assistance.
• Subscription Plans: Personalized plans for individual users, providing access to premium content or services on a recurring basis.

2.2. Description of Services Offered to Business Users
For business clients, Agency Click offers more extensive solutions aimed at business growth and operational efficiency, such as:

• Enterprise Solutions: Custom software development, business tools, and integrations designed for scaling and efficiency.
• Business Intelligence: Analytical tools and platforms that allow businesses to track performance, insights, and actionable data.
• Consulting and Training: Specialized consulting services to ensure the business’s successful use of Agency Click’s solutions, including training and strategic advice.

2.3. Customization Options for Businesses
Business clients have the option to customize services based on their unique needs, including custom APIs, platform features, and integrations with existing business tools. These custom solutions are subject to additional agreements and pricing, based on the scope of customization.

3. PERFORMANCE METRICS AND SERVICE DELIVERY

3.1. Service Availability and Uptime Commitment
Agency Click guarantees 99.9% uptime for all services provided under this SLA, meaning the services will be available and operational 99.9% of the time. Scheduled maintenance and updates are excluded from this guarantee but will be communicated to customers in advance.

3.2. Support Response Time for Individual and Business Users

• Individual Users: Agency Click provides a guaranteed response time of 2 hours for non-urgent inquiries and 30 minutes for critical issues for individual customers.
• Business Clients: Business customers benefit from priority support, with a guaranteed response time of 1 hour for critical issues and 4 hours for general inquiries.

3.3. Service-Level Penalties for Non-Compliance
If Agency Click fails to meet the performance targets outlined in this SLA, customers may be entitled to service credits or compensation, which will be calculated based on the extent and duration of the service disruption.

4. DATA PROTECTION AND PRIVACY

4.1. Adherence to Data Protection Laws
Agency Click ensures compliance with all relevant data protection regulations, such as the General Data Protection Regulation (GDPR) for European customers and the California Consumer Privacy Act (CCPA) for users in California. Both individual and business clients can be assured that their data is handled securely and lawfully.

4.2. Data Security and Encryption
All data transmitted between the Customer and Agency Click’s platforms is encrypted, both at rest and in transit, using industry-standard encryption protocols. This ensures that customer data remains protected from unauthorized access.

4.3. Data Retention and Access
Customers (both individual and business) will have control over their data within the platform. Agency Click will retain data only for as long as necessary to provide the services, and customers may request to review, modify, or delete their data at any time in accordance with applicable laws.

5. LIABILITY AND EXCLUSIONS

5.1. Limitation of Liability
Agency Click’s liability under this SLA is limited to the total value paid by the Customer for services rendered in the 12 months preceding the claim. Agency Click will not be liable for indirect, incidental, or consequential damages arising from the use of the services.

5.2. Exclusions of Liability
Agency Click is not liable for any failure or delay in providing services due to events outside of its control, including but not limited to natural disasters, strikes, network failures, or government intervention.

6. TERMINATION CLAUSES AND AGREEMENT DURATION

6.1. Termination by Customer
The Customer may terminate this Agreement by providing 30 days’ written notice to Agency Click. In the event of termination, the Customer will not be entitled to any refund for prepaid services, unless specified otherwise in the service agreement.

6.2. Termination by Agency Click
Agency Click reserves the right to terminate this Agreement with a 30-day notice if the Customer breaches any terms of the agreement, including non-payment, abuse of the service, or violation of intellectual property rights.

7. DISPUTE RESOLUTION AND GOVERNING LAW

7.1. Jurisdiction
This Agreement is governed by the laws of England & Wales, and both the Service Provider and Customer agree to resolve disputes under the jurisdiction of the courts in the selected jurisdiction.

7.2. Arbitration Process
In the event of a dispute that cannot be resolved through direct negotiation, the Parties agree to submit to binding arbitration under the rules of a neutral third party.

8. CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS

8.1. Confidentiality Obligations
Both the Service Provider and Customer agree to keep confidential any proprietary information shared during the course of this Agreement. This includes trade secrets, business strategies, and customer data.

8.2. Intellectual Property Ownership
Agency Click retains ownership of all intellectual property used to provide the services, including but not limited to software, source code, trademarks, and product designs. Customers are granted a limited license to use the service for the agreed purpose.