TERMS OF SERVICE
These Terms of Service (“TOS”) set forth a description of the maintenance services (“Maintenance Services”) that are available from KaijuHost (“KaijuHost”) to a customer (“Customer”) who has entered into the KaijuHost Website Drupal Maintenance Agreement (the “Agreement”). Capitalized terms used in this TOS and not defined in this TOS shall have the meanings given them in the Agreement.
Three types of Maintenance Services are available: Basic Drupal Maintenance Service (“Basic Maintenance Service”), Drupal Support Service (“Support Service ”) and On Demand Drupal Development Service (“Development Service”). A Customer may elect to receive one or more Maintenance Services, provided, however, that it must receive Basic Maintenance Service to be eligible to receive either of the other two.
Maintenance Services are provided on an individual website basis. If a Customer wishes to have Maintenance Services provided to two or more websites, it must enter into an Agreement for each website. For the purposes of this TOS a website is defined as one Drupal installation with a single codebase, database that is addressed under a single Uniform Resource Locator (URL) and does not include multi-site Drupal configurations. For multi-site Drupal configurations, a separate Maintenance Service must be purchased for each Drupal installation. Each website for which a Customer has contracted for Maintenance Services is referred to as a “Website”.
Maintenance Services will only be provided for the Website components that consist entirely of Drupal or Drupal implementations or applications and associated data bases. Maintenance Services will not be provided for, and does not include, any Website components which consist in whole or in part of any non-Drupal components, implementations or applications. Maintenance Services are only provided for Websites that are in the current version of Drupal or the immediate preceding version and that are in either case officially supported by drupal.org.
Fees for Maintenance Services
Initial fees for Maintenance Services are set forth on the order form for the Maintenance Service chosen by the Customer. They are subject to change as set forth in the Agreement.
Limitations and requirements for Maintenance Service
(a) Website Access
The Customer must provide an up-to-date copy of the Website code and database to KaijuHost and appropriate access to Customer’s production Website. The Customer is responsible for ensuring that any copy of the Website code and database provided to KaijuHost is at all times a complete, accurate and current copy of Customer’s live Website. Access to Customer’s production Website must include a full administrative Drupal account for KaijuHost. Any failure or delay by Customer in providing such access or copy may prevent KaijuHost from performing some or all of the Maintenance Services but shall not affect Customer’s liability for fees or the term of the Agreement.
KaijuHost may notify the Customer if the copy provided KaijuHost does not comply with the requirements of the Agreement, and request the Customer resolve the problem, or on Customer’s request, provide a cost estimate for KaijuHost to resolve it.
(b) Non-Drupal Components
KaijuHost does not provide support or development services for non-Drupal services or applications (“Customer’s Components”). The Website may include Customer’s Components provided they (i) do not prevent KaijuHost from providing, or increase the time to provide, Maintenance Services and (ii) comply with the terms of the Agreement.
(c) Project Management System
KaijuHost provides an account on a project management system (“PM System”) in order to facilitate the communication, tracking, and resource assignment for the tasks related to the Maintenance Services. KaijuHost provides online documentation for using the PM System. All non-billing Customer communication must be sent through this system, either by logging in directly or by responding to tickets via email. All requests or responses that are sent by another method may be ignored. The Customer may request to have additional accounts setup with access to their projects within the PM System, however KaijuHost may decline to add additional accounts for any reason.
BASIC MAINTENANCE SERVICE
1. Description of Basic Maintenance Service
Basic Maintenance Service consists of:
(a) Drupal Website Updates
The Drupal Website updates which are provided as part of Basic Maintenance Service are Drupal core (minor version updates) and contributed Drupal modules updates (collectively “Updates”). All other Drupal fixes, upgrades, updates and new versions are not included in Basic Maintenance Service, but are available upon Customer request on an hourly charge basis.
Updates will be provided only after they are released and announced on the email@example.com mailing list. Once the Update announcementis received by KaijuHost, KaijuHost will assess each Update for installation on the Website. If KaijuHost concludes that the Update is required for the Website, it will install it on the copy of the Website which is resident on KaijuHost’s virtual private server(“Development Server”) and advise the Customer of the Update. Upon and subject to the Customer’s review and approval of an Update which has been installed on the Development Server copy, KaijuHost will install the Update on the live Website or make it available for installation by the Customer. If an Update causes non-conformities or undesired behavior on the live site, upon the request of the Customer KaijuHost will roll back the update. Resolution of non-conformities or undesired behavior related to an Update are not covered under the Maintenance Service.
If KaijuHost concludes an Update is critical, it will install the Update on the Development Server copy no later than 24 hours after the announcement is received. All other Updates will be installed on the Development Server copy within 7 business days after the announcement is received. Updates to Production will be coordinated with client and run during normal business hours.
(b) Development Server
The Customer may also access for development purposes the copy of its Website on the Development Server. Upon request by the Customer, KaijuHost will provide a shell (ssh, sftp) account on the Development Server to Customer. Access to this account requires the use of ssh keys, which must be provided by the Customer. Access to this account may be revoked at any time and at KaijuHost’s sole discretion. Use of the Development Server for any purposes other than expressly permitted by this Agreement or by any unauthorized person or entity is prohibited and shall constitute a breach of the Agreement. Such prohibited uses shall include but not be limited to:
- Hosting or development of a site or application other than the Website
- Providing public access to the Development Server
- Redirecting external traffic or services to the Development Server
- Attempting to gain or gaining access to other devices on the KaijuHost network
- Attempting to gain or gaining access to any other code or data on the KaijuHost Network except the copy of the Website
- Attemptingto gain user privileges beyond those provided by KaijuHost and/or
- Any activity that is not in full compliance with the Acceptable Use Policy described in the KaijuHost Hosting Terms of Service
(c) Drupal Cron
KaijuHost provides a local cron configuration on the Development Server that utilizes the wget tool to access the Drupal cron.php on the Website on both the Development Server and the Website’s production url. Customer may specify the frequency and schedule, as well as opt to disable the service for the production url of the Website.
(d) Subversion Repository
KaijuHost requires that the Code for the Website reside in a code management repository. KaijuHost creates an account for the Website on the KaijuHost Subversion Repository (“SVN Repository”) and loads the Code into it. KaijuHost will provide accounts for the Customer and any other developers working on the Website. KaijuHost provides basic documentation on using Subversion but does not provide Subversion training or support. Customer understands that if code inconsistencies occur between the SVN Repository and the local version of the Website, KaijuHost may be unable to provide some or all of the Maintenance Services requested by the Customer until the inconsistencies are resolved. Inconsistencies may be resolved by Customer or, for additional charge, by KaijuHost. In cases where the Customer hosts and maintains their own SVN for their production site, resolution of SVN issues are the responsibility of the Customer.
2. Limitations of the Basic Maintenance Service
Basic Maintenance Service does not include support or development services, these types of services are provided under the Support Service and the Development Service, respectively. Basic Maintenance Service also does not include the following: any training or support (including but not limited to Cron, Drupal functionality, modules, or Drupal management); training or support on access to or creation of a copy of production site from Customer’s hosting service; training or support on using the PM System (including but not limited to email notifications going into Customer’s spam blockers).
DRUPAL SUPPORT SERVICE
- Description of Support Service
Support Service Consists of:
(a) Site Monitoring and Alerts
KaijuHost will monitor the Website. This monitoring service is automated, remote, and pages KaijuHost staff if a problem is reported. Customers may request to have KaijuHost add one Customer email address for these notifications.
(b) Issue Support
The Customer may report any Website issue to KaijuHost for resolution. All issue reports from Customer must be submitted through the PM System, which will create a ticket for the issue. KaijuHost will then confirm receipt, and assign a technician to the ticket to investigate. The technician may require additional information about the issue, or may require additional access to the system, including administrative user access. The technician may escalate the ticket or assign to another technician for assistance. Once a possible resolution is determined, the Customer will be notified through the PM System of that resolution, and asked to confirm the issue is resolved, or report that the issue is still outstanding. Implementation of a recommended solution is the responsibility of the Customer. This process is repeated until a resolution to the issue is found, or KaijuHost concludes that the issue is unresolvable. In either case, the ticket will be closed in the PM System, and considered closed.
- Limitations and requirements of the Support Service
(a) Response Time and Operating Hours
KaijuHost will confirm any support ticket received during standard business hours (8 AM– 8 PM Eastern Time) within 24 hours. Support tickets received outside of standard business hours will be confirmed within 24 hours of the following 8 AM.
Resolution time is not guaranteed.
(b) Ticket Quota
KaijuHost provides a fixed number of tickets per month for each Support Service plan requested by the Customer (“Ticket Quota”), the amount of which is indicated when the plan is initiated. If the Ticket Quota is exceeded in a given month, KaijuHost may choose to leave tickets unresolved until the next month, and apply them to that next month’s Ticket Quota. If the Customer requests and KaijuHost agrees, tickets that exceed the Ticket Quota may be resolved during the month in question at regularly hourly rates. The Ticket Quota is reset on the first day of each month and unused tickets do not carry over to the next month’s Ticket Quota.
(c) Basic Maintenance Plan Requirement
Support Service requires an active Basic Maintenance Service in order to be active. If the Basic Maintenance Service that a Support Service is associated with becomes inactive for any reason, the Support Service will be considered suspended until the Basic Maintenance Service is re-activated. Reactivation may include reactivation charges.
(d) Development Services
Support Service does not include any development, modifications to source code, modifications to the database, modifications to the Drupal CMS, modifications to site content, LAMP stack or hosting configuration changes.
(e) Issue Resolution
KaijuHost will use reasonable efforts to diagnose any issue and to provide a solution or direction for resolution. Actual issue resolution is not guaranteed. Implementation of a recommended solution is the responsibility of the Customer. If Customer desires to have KaijuHost implement a solution to an issue, the Customer may elect to have KaijuHost implement the solution under a Development Service.
(f) Emergency Contact Methods Abuse
Emergency Contact Methods are only appropriate for critical issues, and repeated abuse may result in additional fees or account termination, at KaijuHost’s discretion
Critical issues include: The Website is down, unreachable, or performance is degraded enough that the Customer’s primary business operations are severely impaired. Discovery of a critical unreported or exploited security issue.
Critical issues do not include: All other issues including but not limited to (i) the unavailability of particular content or functionality on the Website that is inconvenient but can be worked around or affects a small portion of the end users or (ii) formatting and CSS errors that are unsightly or break format, but do not obscure a large portion of the site content, or break critical functionality.
1. Description of Development Service
Development Service consists of:
(a) Drupal Development
Development Service includes development, Drupal training, Drupal configuration, bug fixes, theming, or design. Development Service requests must be submitted through the PM System, which will create a ticket for the request. KaijuHost will then confirm receipt, and assign a developer to the ticket to estimate or begin work. The developer may respond and require additional information or clarification about the request. The developer may escalate the ticket or assign to another developer for assistance. All time spent on the issue by KaijuHost – including project management, researching, and estimating the solution, will be billed against the Customer’s Development Service balance. Once the estimate is provided and the Customer approves the hour estimate for the request, the work is scheduled and the Customer is given an estimate on resolution time. Time spent working on the request is tracked on the ticket, and applied to the Customer’s Development Service balance. KaijuHost will continue to work on the request until it is completed to the satisfaction of the Customer, or until the Development Plan balance is reached, or until KaijuHost concludes that request cannot be completed.
(b) Development Time
Customers may choose between two types of Development Service plans, bulk and retainer:
Customer may sign up for recurring monthly amount of hours (“Retainer Hours”) according to the most then current price schedule for Development Service. Unused retainer hours do not carry over month to month. Customer must cancel retainer plans 30 days in advance. Retainer hours are non-refundable.
Customer may pre-purchase development hours in bulk (“Bulk Hours”) according to the then most current price schedule for the Development Service. Hours purchased in bulk expire if Customer’s Website’s Maintenance Service becomes inactive or after 90 days after purchase. Bulk hours are non-refundable.
2. Limitations on the availability of On Demand Drupal Development Service
(a) Management of Balances
The Customer will have access to daily updated totals in the PM system on their available balance of hours. It is the Customer’s responsibility to manage its internal process on authority to request work, including work that exceeds the available balance for the Development Service. Customer may request additional hours which, if they are provided, will be billed at the existing rate. Fulfillment of additional hours are dependent on KaijuHost’s availability.
(b) Order Approval and Hour Availability
All Development Service orders are subject to approval by KaijuHost, at which point the Customer will charged the allotted hours ordered. When purchasing Retainer Hours, Customer will be allotted the approved number of hours every month for as long as the Development Service plan is active. When purchasing Bulk Hours, customer will be allotted the approved number of hours for use in the next 30 days; after 30 days, Customer is not guaranteed hour allotment in the development schedule, and development may be subject to delays depending on KaijuHost’s availability.
(c) Response Time
KaijuHost will confirm Development Service requests received during standard business hours (8 AM– 8 PM Eastern Time) within 24 hours. Requests received outside of standard business hours will be confirmed within 24 hours of the following 8 AM.
Resolution time for any development request may vary greatly depending on the complexity of the request and hourly availability and is not guaranteed.
(d) Maintenance Plan Requirement
Development Service requires an active Basic Maintenance Service in order to be active. If the Basic Maintenance Service that a Development Service is associated with becomes inactive for any reason, the Development Service will be considered suspended until the Basic Maintenance Service is re-activated. Reactivation may include reactivation charges.
(e) Support and third party application development
Development Plans do not include emergency support, development for third party applications, systems administration work, strategic consulting, or other non-Drupal development services. KaijuHost may agree to do non-Drupal development work on a case by case basis at rates which will depend on the type and complexity of work.