This Service-Level Agreement is made by and between you ("Client” or “customer” or “you”) and Blue Surge Marketing Agency, LLC ("Supplier" or “Blue Surge Marketing Agency” or "Us"). This SLA is governed by the Legal Terms & Conditions which may be viewed here. Collectively, the SLA and the Legal Terms & Conditions constitute the Agreement between the parties (the “Agreement”). By purchasing the services indicated herein, the Client hereby binds itself to the Agreement.
NOW, THEREFORE, in consideration of the foregoing, and of the terms and conditions and the Service Levels, the Parties hereby agree as follows:
HOSTING
Definition of Service
Blue Surge Marketing Agency provides clients with dependable and timely website upkeep through ongoing website maintenance activities designed to keep their website fresh, relevant, and secure.
Blue Surge Marketing Agency's hosting is an ongoing service that commences after one of the following scenarios occurs:
A. Your new website is approved - the service will be considered live once the client’s website is “live” and DNS is pointed towards the Blue Surge Marketing Agency server, or a server our account is billed for. The Client will be notified within 72 hours of DNS propagation that the domain is resolving correctly and services have begun.
B. Your new website is in Review & Approval for greater than 30 days - If your Review & Approval period exceeds 30 days, One Firefly will begin charging for hosting as a storage fee to keep the website and its associated files on our Web Host Manager (WHM) in anticipation of the site being publicly accessible in the near future.
Service Description of Website Hosting and Storage
1. Scope of Website Hosting and Storage
This Service Level Agreement specifically describes the website hosting services provided by Blue Surge Marketing Agency. This agreement remains valid until revised and will be reviewed at least annually by the Service Owner.
For the purposes of these TOS "Service" or "Services" or "Hosting Services" means any and all services provided by Blue Surge Marketing Agency under these TOS including, without limitation, any of our subscription plans for hosting services, additional features, website migration services, domain name registration services, support services, third-party products and services, any any other services which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages).
The Services will be provided to you as configured for our standard customer. We might modify, update or upgrade the Services and/or add, remove or modify any software, functionality or configuration installed on or used by the Services at any time with or without prior notice. You will bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software as well as any other items you deem necessary to use the Services shall be compatible with the Services. We will not be obliged to modify the Services to accommodate your use.
To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Services will be provided on “as-is basis”. The hardware configurations may vary. We may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server, including to servers in another datacenter or geographic location, or modify certain software configurations when deemed necessary by us in order to ensure the quality and security of the Services.
The proprietary and third-party software we offer as part of the Service(s) will be provided as-is and will be subject to availability and all warranty disclaimers and limitations of liability set out herein. Such software may have terms and conditions that are in addition to those set out in these TOS. You must agree to those terms to use the software. If you fail to do so, you will not be able to use the Service(s). Terms and conditions concerning the above mentioned third party software are incorporated by reference and links to any such terms and conditions are available in an appendix to these TOS.
We may assign an Internet Protocol ("IP") address for your use. You shall have no right to use that IP address except as permitted by us in our sole discretion in connection with the use of our Service(s). We shall retain ownership of all IP addresses assigned to you by us. We reserve the right to change or remove any and all such IP addresses in our sole discretion. You acknowledge and agree that shared IP addresses assigned to you by us shall be used by other customers as well.
Surge Marketing Hub
Surge Marketing Hub is our in-house, all-in-one, sales and marketing platform. It also serves as the hosting software for websites built on the platform. As a result, websites built on Surge Marketing Hub cannot be transferred or migrated to another host or platform, similar to Wix or Shopify. If you stop paying for the
1. Uptime Guarantee
- Scheduled maintenance;
- Emergency maintenance, hardware and software failure remedied under 1 hour;
- Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration;
- Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
- Downtime caused by you, your own configuration, or third-party applications you use;
- Downtime caused when you reach the maximum resources allocation for your plan;
- Downtime during upgrade/downgrade of your Cloud or Dedicated Server resources;
- Downtime during processing of your technical support request(s); or
- Force majeure or any event beyond our control.
Renewal Policy
Storage and Plan Limits
Security
Hosting Migrations
Technical Support
Scope of free technical support
- Issues related to the functioning and functionality of any of our Services, including issues you report related to the uptime and stability of our Services;
- Issues related to the proper functionality of your User Area, including tools and features provided by us, such as auto-update services, caching, staging, integration for currently supported SSL certificates, daily backup, control panels, CDN and other;
- Assistance related to settings and proper usage of the tools and features provided by us;
- Inquiries related to the registration, renewal, and transfer of domains to us, DNS or WHOIS updates. For issues related to domain transfer from us to another hosting provider or registrar, our support is limited to make sure the domain is transferable per the requirements for the respective domain extension.
Issues outside the scope of free technical support
Certain issues are outside the scope of our free technical support:
- Issues related to the installation of third-party scripts/applications not provided by Blue Surge Marketing Agency;
- Website-related inquiries such as coding issues, database optimizations, benchmark tests, installation of new software on the server, changing the current setup of your servers, etc.;
- Issues related to web design, web development and/or customization;
- Inquiries related to the functioning of scripts, optimizations, SEO services, themes or extensions;
- Website security audits and malicious code clean-up issues.
If you request technical support for issues outside the scope of our free technical support services, we may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for technical support. Fees for technical support must be paid in advance.
Hosting Premium Support/Expert Services
If we determine that any support request falls outside the scope of your plan, you can request custom support services (“Expert Services”) for a fee, or on a per service basis, which we will quote to you before providing the custom support service. If you elect to use our Expert Services, we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. Expert Services fees are non-refundable. You must, within fourteen days of any Expert Services, notify us if there are any issues with the Expert Services. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any Expert Services.
Backup Services
You acknowledge and agree that it is your responsibility to regularly back up all your Content in order to prevent potential data loss. We will use commercially reasonable efforts to back up data stored on your Hosting account. We will not back up files containing temporary or transient data which cannot be restored in a useful state.
You agree that you will keep independent backup copies of your Content in addition to those we maintain. If you use our Backup Services, you acknowledge and agree that due to technical reasons a backup copy may not be available for restore upon your request. Examples of technical reasons include but are not limited to excessive number of files in the backup, backup software failure, storage failure or corrupted backup files.
We keep a limited number of backup copies of your account as set out on the respective Product Page. If you upgrade/downgrade the Services, we may delete old backup copies created on your previous plan and start new backups of your data.
We may host your account and the backups of your data in different datacenter locations. You acknowledge and agree that for service provisioning purposes, your backups may be stored on servers in a different state, country or continent and in case of emergencies may be restored on servers outside your data center location of choice. In case of offsite data transfer to different locations all applicable data protection regulations and arrangements in our DPA will be followed.
You agree to notify us through your User Area in case the Backup Service malfunctions and allow us reasonable time to resolve the issue. In the event that you are not satisfied with the outcome of any Backup Restore, it shall be your obligation to restore your files and data from your own backup. If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. If you purchase Backup Services from us, our only obligation is to restore your data from a backup copy.
To the maximum extent applicable under national law and without affecting your rights as a Consumer, our Backup Services are provided “as-is” and are subject to all limitations of liability set out in these TOS.
Service Description of Website Maintenance
2. Scope of Maintenance of Website Core, Themes, Plugins, Apps, and Add-Ons and Developer Support
Blue Surge Marketing Agency shall maintain the website versions (e.g. WordPress core), themes, and the associated plugin software patches to reasonably upkeep the security and resilience of the website platform to meet industry good practice standards. Installation procedures shall include good practice change and release management practices.
- Check backups of the website database and site files (once a month)
- Optimize the website database
- Uptime monitoring
- Perform SPAM & revisions cleanup
- Run regular security, malware, and performance scans
- Plus any additional services in accordance with the level of website maintenance package selected, which may include, but are not necessarily limited to:
- Installing and configuring apps and plugins
- Installing additional themes
- Installing additional payment gateways
- Improving basic SEO
- Updating or adding site content (static pages, product information, company information, personal information, uploading banner images, copy, videos. etc.)
- Creating promotions, coupons, or discounts
- Linking social media accounts to your site
- Additional website training for staff
- Or any other task related to the website within the scope of website design and development within the expertise of Blue Surge Marketing Agency staff
If Client does not pay for a website maintenance package or plan, it is assumed that the Client is solely responsible for managing and maintaining their website, unless otherwise stated in writing.
3. Roles and Responsibilities
1. Blue Surge Marketing Agency Support Responsibilities
- Meeting response times are associated with the priority assigned to individual service requests.
- Assist with posting content provided by the Client to the appropriate area of the client’s website as agreed.
2. Client Responsibilities
- Using the standard contact methods (see Section 4 below) to request web support services
- Reviewing draft design concepts, web page suggestions, ticket replies, and all other communication dependencies in a timely fashion.
- Regularly reviewing page content for which they are responsible and communicating any required updates or new content to Blue Surge Marketing Agency in a timely fashion.
- Approval of overage hours once the initial allocation is depleted
3. Support Limitations
4. Requesting Service
Read our communication policy here.
5. Hours of Coverage, Response Times, and Complaint Resolution
1. Hours of Coverage
In general, Blue Surge Marketing Agency provides website content management support Monday to Friday, 9 am to 5 pm, on regular business days, unless otherwise stated.
2. Response Times
Incidents and Service Requests will be assigned a priority, determined by Blue Surge Marketing Agency in collaboration with the Client based on the impact and urgency, as defined below. Blue Surge Marketing Agency’s response to high-priority requests or incidents may delay responses to other requests.
- Impact: Organizational loss and potential damage (e.g., financial, member/board/staff, regulatory, security, reputation, brand) caused by the incident.
- Urgency: Speed at which the organization expects the incident to be resolved
Incidents and Service Requests must be submitted via one of the four methods outlined in section four. Blue Surge Marketing Agency will use the following guidelines to prioritize web support requests, with the goal of beginning to work on the problem within the target timeframe. Actual response times may be shorter or longer, depending on the volume of requests being handled at any one time.
A Service Request means any request made by Client Blue Surge Marketing Agency for routine operational support, modifications, and additions. Service Requests are managed on a first-come, first-served basis.
An Incident means an outage or degradation of the standard functionality of the service where it is malfunctioning.
If an Incident or Service Request is not responded to with the response times outlined below, Client may escalate by directly contacting the Service Owner. Please refer to the ticket number when escalating.
Incident Response and Resolution Times
| Incident Types | Initial Response Times* | Resolution Time* |
| High Priority Incident Outages impacting multiple service offerings, entire segments of the infrastructure or high traffic / high visibility websites. | 3 Hours During normal business hours | 6 hours During normal business hours |
| Low Priority Incident | 1 Business Day | 3 Business Day |
* From the time BSMA is made aware of the issue
Service Request Response and Resolution Times
3. Escalation
Any Client not satisfied with the level of service related to a web support request should contact their account manager or the Blue Surge Marketing Agency Executive Team, who will review your input and respond to you with the action taken.
4. Other Requests
Requests not covered in the scope of this service can be submitted through email hello[at]thebluesurge.com and will be referred to the appropriate individual(s).
6. Maintenance and Service Charges
1. Website Content Maintenance
When content publishing exceeds the knowledge of the client the Blue Surge Marketing Agency Support Team will accept requests for web content updates and revisions through any of the following channels listed under Requesting Service.
2. Website Service Changes
From time to time, the platform or other software used in the construction and maintenance of websites for which the Blue Surge Marketing Agency Support Team has responsibility may change. The team's skills will stay up-to-date to encompass these changes.
7. Reviewing and Reporting
1. Performance Reporting
Upon request monthly service reports will be available for review for clients on the Professional Plan and up.
2. SLA Reviews
The Blue Surge Marketing Agency Executive Team (“Document Owner”) is responsible for facilitating regular reviews of this document. Contents of this document may be amended as required, provided mutual agreement is obtained from the primary stakeholders and communicated to all affected parties.
Designated Review Owner: (Godson Michel, President)
Previous Review Date: 2/34/25 (Godson Michel, President)
Next Review Date: 1/1/26 (Godson Michel, President)
This Agreement is posted to the following location and made accessible to all stakeholders at https://thebluesurge.com/faq
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