Terms of Service (TOS) & Service Level Agreement (SLA)
Effective Date: 1.1.2025
Last Updated: 6.23.2025
Company: Krave Branding, LLC (“Provider”)
Client: The individual or entity receiving services (“Client”)
1. Scope of Services
Provider agrees to deliver fully managed hosting services, including server provisioning, maintenance, uptime monitoring, security patching, performance optimization, and related technical support as outlined in the Client’s selected service plan.
2. Service Level Agreement (SLA)
2.1 Uptime Guarantee
Provider guarantees 99.9% uptime per calendar month, excluding scheduled maintenance or force majeure events.
Service Credits:
- 99.0% to 99.89% uptime: 5% monthly credit
- 95.0% to 98.99% uptime: 10% monthly credit
- Below 95.0% uptime: 25% monthly credit
Client must request credits in writing within 10 business days of the incident.
2.2 Response & Resolution Times
| Severity Level | Response Time | Resolution Target |
|---|---|---|
| Critical (Site Down) | Within 1 hour | Within 4 hours |
| High (Major Failure) | Within 4 hours | Within 12 hours |
| Medium (Performance) | 1 business day | Within 3 business days |
| Low (General Request) | 2 business days | Within 5 business days |
3. Term, Billing & Cancellation
3.1 Plan Commitment
Clients may choose between:
- Monthly Plan: Billed monthly. Cancellable with 30 days’ written notice. No prorated refunds.
- Annual Plan: Billed annually in advance. 12-month minimum commitment. Discounted rate in exchange for full-year term.
3.2 Cancellation by Client
- Monthly plans: Require 30 days’ written notice for cancellation.
- Annual plans: Non-refundable. Early termination does not qualify for any credit or refund.
3.3 Termination by Provider
Provider reserves the right to suspend or terminate service for any of the following:
- Nonpayment beyond 7 days
- Breach of TOS or misuse of services
- With 30 days’ written notice for any reason
3.4 No Refund Policy (Annual Plans)
Annual plan payments are non-refundable under any circumstances, including:
- Voluntary early termination by Client
- Service cancellation due to Client breach
- Downgrades or changes
- Discontinued use of services
3.5 Early Termination Liability (Annual Plans)
Clients who terminate an annual plan early remain liable for the full remaining balance, payable immediately upon cancellation.
4. Ownership & Access
4.1 Intellectual Property
All Client-provided content and data remains the Client’s property. Custom code, server configurations, or licensed systems developed by Provider remain Provider’s intellectual property unless otherwise agreed in writing.
4.2 Access Rights
Unauthorized access or migrations performed by third parties without Provider’s knowledge may constitute a breach of this agreement.
4.3 Account Access & Security
Client is responsible for protecting login credentials and managing authorized access to their account. Any actions performed through the Client’s account are the Client’s responsibility. Provider is not liable for unauthorized activity resulting from lost, shared, or compromised credentials.
5. Security & Backups
5.1 Security
Provider implements industry-standard protections including firewalls, malware scanning, and SSL support. While security efforts are robust, no system is guaranteed to be completely secure.
Clients subscribed to the Startup (DIY) Plan are solely responsible for maintaining the security of their own websites, including timely updates to WordPress core, themes, and plugins. Provider is not responsible for malware infections, compromised sites, or performance issues arising from neglected maintenance on Basic plans.
5.2 Backups
For clients on managed service tiers (Small Business and Professional), Provider maintains daily account backups and performs monthly updates to WordPress core and approved plugins.
For clients on the Startup (DIY) plan, backups are not guaranteed. It is the Client’s responsibility to configure, verify, and maintain their own backup solutions unless add-on services have been purchased.
Backups, where provided, are retained for 30 days. Provider is not responsible for loss of data beyond this retention window.
6. Acceptable Use Policy
Clients may not use hosting services to:
- Distribute malware or malicious code
- Host illegal content or copyrighted material without authorization
- Send bulk unsolicited emails
- Engage in denial-of-service or other malicious network activities
Violation may result in immediate service suspension or termination without refund.
6.1 Resource Usage Policy
Client websites may not exceed reasonable usage limits, including CPU, memory, and disk space, as defined by their hosting plan. Excessive resource usage may result in throttling, suspension, or a request to upgrade service.
6.2 Emergency Suspension
Provider reserves the right to immediately suspend any account that poses a security, legal, or performance risk to Provider infrastructure or other clients. Emergency suspension may be executed without prior notice.
7. Limitation of Liability
Provider’s liability is limited to fees paid in the three months preceding the claim. Provider is not liable for indirect, incidental, or consequential damages, including lost profits or data.
Provider is not liable for any issues resulting from third-party themes, plugins, or external software not provided by Provider. Compatibility, security, and performance of such third-party code are the sole responsibility of the Client.
8. Indemnification
Client agrees to indemnify and hold harmless Provider against all claims, losses, and expenses arising from:
- Client content or conduct
- Breach of laws or third-party rights
- Unauthorized third-party access caused by Client negligence
9. Dispute Resolution
Any dispute shall follow this process:
- Good faith negotiation within 15 days
- Mediation, if unresolved
- Binding arbitration under laws of South Dakota, United States
Venue: Circuit Courts
Governing Law: South Dakota, United States
10. Modifications
Provider reserves the right to amend these terms with 30 days’ written notice. Continued use of services constitutes acceptance.
11. Data Retention After Cancellation
Client data will be retained for 7 days following cancellation or termination of service. After this period, all data will be permanently deleted. It is the Client’s responsibility to ensure all data is exported prior to cancellation.
12. Entire Agreement
This document constitutes the entire agreement between Provider and Client. No verbal commitments or external documents are binding unless agreed upon in writing.