Service Level Agreement

1. About This Agreement; Who We Are

This Service Level Agreement (this "Agreement" or the "SLA") sets forth the service-level commitments of "JD's Web Service" with respect to the hosted services we provide to Clients. "We," "us," and "our" mean the sole proprietorship that operates the website at jdswebservice.com and the client portal at clients.jdswebservice.com under the trade name "JD's Web Service," from the Commonwealth of Pennsylvania. Our contact address for all matters arising under this Agreement is [email protected].

This Agreement operates in conjunction with our Terms of Service (the "Terms") and with the service agreement a client executes with us for our services. If you have executed a service agreement with us for our services, that executed agreement is your "Signed Service Agreement" (the meaning those words carry in the Terms), and "you" and "your" as used in this Agreement mean you in your capacity as that Client. The Signed Service Agreement governs the client relationship, and it supersedes the published wording of this Agreement wherever the two differ. A visitor who uses our website in any other manner is governed by the Terms, and not by this Agreement.

2. One Standard for Every Client

This Agreement establishes a single service-level standard applicable to every Client. The standard applies uniformly irrespective of the billing period the Client selects (monthly, quarterly, or annual) and irrespective of any add-ons the Client selects; an add-on modifies only what the add-on itself covers and never this standard. A Signed Service Agreement may amend or vary this standard only where it expressly provides so in writing.

3. Covered Systems

The commitments under this Agreement apply to the following systems, each a "Covered System":

• Hosted client websites: the websites we maintain in operation for Clients under the services.
• The client portal at clients.jdswebservice.com.
• Our analytics stack: our self-hosted analytics, included within the same availability commitment as the hosted websites because it operates on the same infrastructure as your website. The portal's Analytics page displays visitor data for your website from that same infrastructure. A single commitment applies here, not a second one: the analytics carry this same commitment.

The following are not Covered Systems:

• Lead mockups and demonstration sites; those are pre-sales illustrations, and demonstration sites are clearly marked as demos under the Terms.
• The public website at jdswebservice.com itself; use of that website follows the Terms, which govern the Site.

4. Availability Commitment; How We Measure It

Each Covered System shall be available for at least 99% of each calendar month.

We measure the availability of each Covered System as a percentage of each calendar month by means of our own automated availability monitoring, which checks each Covered System's public address around the clock. Every Covered System, including the analytics stack, is subject to that same monitoring and that same measurement: the analytics stack resides on the same infrastructure as your website and therefore carries this one commitment, not a second one.

5. Maintenance

We conduct maintenance within short windows, which ordinarily fall overnight, and we announce our own maintenance through the client portal and by email at least 24 hours in advance where practicable. Urgent maintenance required for security or for repairs may commence without advance notice, and we announce it as soon as we reasonably can; this includes maintenance our infrastructure provider schedules on its own infrastructure. All maintenance lies outside the availability commitment, as Section 6 describes.

6. What Does Not Count Against the Commitment

The following do not count against the availability commitment set forth in Section 4:

1. Scheduled maintenance announced in advance (Section 5).
2. Short urgent maintenance required for security or for repairs, announced as soon as practicable, including maintenance our infrastructure provider schedules on its infrastructure.
3. Problems caused by you, or by content or changes you directed.
4. Periods during which your services are suspended or blocked under your Signed Service Agreement or our Terms of Service (which may happen for any reason at all whatsoever, as the Terms of Service state for Site access).
5. Failures or slowdowns of things we do not control: domain registration and DNS, content delivery through our content-delivery network, internet carriers between your visitors and our network, email delivery, and payment processing (such as Stripe).
6. Traffic-flood and other attacks exceeding the content-delivery network's included defenses, and other malicious acts.
7. Force majeure.
8. Anything else outside our reasonable control.

Your website is served through Cloudflare's global content-delivery and DNS network, and issues with delivery outside our own systems are excluded from the commitment wherever they occur.

7. If a Commitment Is Missed

This Agreement does not itself state automatic credits. When a commitment under this Agreement is not met, we continue our monitoring, restore the service, and record what occurred. Any remedy, adjustment, or credit arising from such a miss is determined under your Signed Service Agreement.

8. Outages; How to Report a Problem

If your website is down, or is not operating as expected, email [email protected] or submit a change request through your client portal. We commence work upon becoming aware of the matter. When an outage occurs, we restore the service first, and we prepare an explanation thereafter as soon as we reasonably can. No response or resolution clock is promised under this Agreement.

9. While We Build Your Site

During the construction of your website, we keep your progress page up to date as milestones are reached. We provide our best estimate of the schedule. Any timeline we state is an estimate, not a guaranteed delivery date. Delays, where they occur, are explained.

10. Ongoing Support and Change Requests

Your plan includes ongoing support. Change requests are submitted through the client portal and are tracked through to completion. The handling of change requests, and the turnaround that applies, follow your Signed Service Agreement, which carries the plan you selected. No turnaround figure is promised under this Agreement.

11. Protecting Your Site and Its Data

We employ reasonable protective measures for the systems that operate your website. Following any outage that lies outside the commitment, we restore your website to the best of our ability.

The personal information side, and data rights requests (including rights under California law and the European General Data Protection Regulation (GDPR)), proceed under our Privacy Policy. The Privacy Policy's routes serve those requests; no request route is opened under this Agreement.

12. Payments, Credits, Refunds, and Cancellation

Your Signed Service Agreement governs payments, credits, refunds, and cancellation mechanics. Our Payment Policy (jdswebservice.com/payment) and our Cancellation Policy (jdswebservice.com/cancellation) are the public descriptions of what the client contract provides on those subjects. Each is subject to the same rule: the client contract superseeds all payment policy or cancellation policy terms that are public if there are terms that differ within the client contract.

13. Changes to This Agreement

We may change this Agreement at any time, and the updated version takes effect immediately when it is posted. That rule is the same rule our other published legal documents carry, so our posted legal documents never disagree on when changes start.

14. Governing Law; Disputes

The subject of this Agreement is governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. If a dispute arises out of the subject of this Agreement, the parties shall first attempt to resolve it through good-faith mediation. If the dispute remains open 60 days after mediation begins, either party may file an action in the state courts located in Allegheny County, Pennsylvania. Genuine service disputes remain under your Signed Service Agreement, which controls.

15. Contacting Us

Outage reports and change requests use the routes described in Section 8. For anything else about this Agreement, email [email protected], the mailbox our Terms of Service designates for questions and legal notices.

16. Related Documents

• Our Terms of Service (jdswebservice.com/terms, formal version at /terms/legal) governs use of the Site and defines the Signed Service Agreement.
• Our Privacy Policy (jdswebservice.com/privacy, formal version at /privacy/legal) governs the personal data we handle through the Site and your data rights.
• One boundary: if you are a Client, the client contract governs the services and supersedes this Agreement wherever the contract differs about the services, the same boundary our Terms of Service draw for every public policy page in our document set.