Last updated January 13, 2021
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, DOS-M may collect personally identifiable information, such as your:
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
- Job Title
- IP address
If you purchase DOS-M’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
DOS-M may also collect anonymous demographic information, which is not unique to you, such as your:
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
DOS-M collects and uses your personal information to operate its website(s) and deliver the services you have requested.
DOS-M may also use your personally identifiable information to inform you of other products or services available from DOS-M and its affiliates.
Sharing Information with Third Parties
DOS-M does not sell, rent or lease its customer lists to third parties.
DOS-M may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to DOS-M, and they are required to maintain the confidentiality of your information.
DOS-M may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on DOS-M or the site; (b) protect and defend the rights or property of DOS-M; and/or (c) act under exigent circumstances to protect the personal safety of users of DOS-M, or the public.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by DOS-M. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the DOS-M website.
The DOS-M website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize DOS-M pages, or register with DOS-M site or services, a cookie helps DOS-M to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same DOS-M website, the information you previously provided can be retrieved, so you can easily use the DOS-M features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the DOS-M services or websites you visit.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
DOS-M secures your personal information from unauthorized access, use, or disclosure. DOS-M uses the following methods for this purpose:
- SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
- Delete your personal information from our records; and
- Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
- Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with an existing legal obligation; or
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
DOS-M does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, DOS-M may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from DOS-M or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from DOS-M, you may opt out of such communications by Customers may unsubscribe from emails by replying STOP or clicking on the UNSUBSCRIBE button..
Changes to this Statement
DOS-M welcomes your questions or comments regarding this Statement of Privacy. If you believe that DOS-M has not adhered to this Statement, please contact DOS-M at:
Digitally Optimized Systems to Marketing
43 Herindeen Lndg
Woodstock, Connecticut 06281
Last updated October 01, 2020
Agreement to Terms
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Intelectual Property Rights
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Use the Site to advertise or offer to sell goods and services.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
User Generated Contributions
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-Party Website and Content
Term and Termination
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Windham, Connecticut. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Digitally Optimized Systems to Marketing
43 Herindeen Lndg
Woodstock, Connecticut 06281
Master service agreement
Last updated October 01, 2020
01. The Work
A. Scope of Services
Digitally Optimized Systems to Marketing LLC, aka “DOS-M” shall provide all the services described in the executed Statement(s) of Work (“SOW”). A Statement of Work may include but is not limited to a PayPal invoice or subsequent document outlining the project scope Additional services may be contracted through DOS-M by means of a subsequent SOW executed between DOS-M and the Client. All work performed under any SOW is subject to the terms of this Agreement unless otherwise explicitly indicated in the SOW.
B. Additional Services Statement of Work are an Estimate
Each SOW outside of DOS-M’s core service listed on dos-m.com will include DOS-M’s estimate of the cost to complete the project. DOS-M does its best to accurately estimate project costs upfront based on the scope as it is defined in the Client’s work request. The estimate is based upon the list of features documented in the SOW. Any feature not specifically referenced and estimated in the SOW is not included in the current scope of the project. All costs listed in the SOW are an ESTIMATE and NOT a FIXED BID.
For each associated SOW, as soon as DOS-M identifies that a task or deliverable may go over the estimate, the Client will be alerted, and the parties will mutually agree in writing to proceed before any additional work is done which exceeds the approved estimate.
C. Client Deliverables
Client is responsible for the delivery of Client deliverables as defined in the SOW. Common customer deliverables include brand guidelines, media files, product strategy, design, content/migration, software / service purchases, quality / acceptance testing. Should Client be delayed or unable to deliver as per the requirements of the SOW or the project, the timeline and budget will be adjusted accordingly.
D. Client Revisions & Sign Off
DOS-M takes great pride in the quality of our work, and as such, will test for Quality Assurance “QA”. The engagement of internal Client QA resources is also highly recommended. DOS-M is happy to work with a 3rd party QA team or with the Client’s in house QA team. DOS-M will identify signoff milestones of deliverables, features, and sprints during the roadmapping phase of the project. The Client and their QA team will be responsible for ensuring that each milestone and the end product adhere to the agreed-upon requirements. There is a limit to one round of revisions before additional hourly rates are implemented. Signoff by the PoC will be delivered in writing upon completion of each milestone. If a written response is not received from the PoC within 2 weeks after completion of the applicable milestone and/or end product, deliverable shall be deemed as automatically approved by Client.
E. Project Timing
In order to ensure that commitments can be met, DOS-M will book resources for the duration of the project window defined in the project schedule set forth in the SOW. The estimated cost of each deliverable and the overall budget are shaped by the schedule. Should the Client need to extend or accelerate the duration of the project, an additional fee may be assessed proportional to the impact on the project costs to DOS-M. Such additional fee shall be disclosed to, and approved by, the Client in advance of such additional fee being imposed.
If the project is delayed by an unscheduled Client delay of over two weeks, DOS-M may put the project on hold and may reallocate resources to other customers. As such, weekly status meetings, scrums, technical work and / or any other routine interactions shall temporarily cease. When the Client is ready for it to resume, the project will be rescheduled based upon DOS-M’s availability and a 5% rescheduling fee will be assessed. Any work and meetings requested by the Client during the hold period will be billed time & materials with the “website discount” at $75 / hr.
F. Maintenance & Support
DOS-M offers ongoing sprints, which includes devops support, maintenance / performance improvements and new development for active production environments. In order to accept an on-demand maintenance or support agreement, Client will be required to meet or exceed DOS-M’s annual billing minimum.
Support: Support services includes the triage and repair of issues reported with a live software platform.
Maintenance: Regular maintenance work operates under project response times and terms and is not subject to support SLA terms detailed below.
Reporting of Issues: Any support requests or issues must be submitted by the PoC, responsible technical leads or Client’s staff in writing via DOS-M’s project tracking system.
Response Time: DOS-M will aim to reply to written support requests within the standard response times for project work. Should the Client require real time support, this will be scheduled between the client and DOS-M. Written requests must be submitted through the approved project management system as set forth in section “Project Management & Communication”. Please note that email or text is often subject to personal schedules and while it should be included in the communication chain, is not subject to triggering a response time window. DOS-M will define the priority level of a request as part of the triage and response process.
Resolution Time: Resolution of issues will be handled by priority and urgent requests may affect the delivery of regular sprint based work. DOS-M provides average and top resolution times as a benchmark, but will not guarantee delivery through a service level agreement. The times listed below are estimates only.
G. Service Level Agreement
Priority 1 [Critical]: The problem reported has immediate, serious business and financial exposure. An end-user is unable to work or perform some significant function of the platform. There is no acceptable workaround to the problem (i.e., the task cannot be performed in any other way).
Priority 2 [High]: The problem reported has immediate, serious business and financial exposure. An end-user is unable to work or perform some significant function of the platform. There is an acceptable and implemented workaround to the problem (i.e., the task can be performed in some other way).
Priority 3 [Normal]: The problem reported has low business and financial exposure. Implementing the request immediately will not result in significantly added value to the organization. An end-user is unable to perform some small function but is able to complete the majority of the tasks on the platform. There may or may not be an acceptable workaround to the problem.
Priority 4 [Low]: The problem reported has a minimal business and financial exposure. Implementing the request immediately will not result in significantly added value to the organization. An end-user is unable to perform some small function but is able to complete the majority of the tasks on the platform. There is likely an acceptable workaround to the problem.
Defining Priorities: As part of discovery, Client and DOS-M will define example case scenarios for each priority level to aid in triage.
Estimated Response Times
Support (Devops and General): DOS-M will provide front-line support responses according to the priority of the issue reported. Response times and resolution times will apply as follows: (Priority Level, Goal Response Time, Goal Resolution Time)
- Priority 1 :Critical, Within ~4 business hours, Average resolution time is one (1) business day or less. DOS-M will aim to keep resolution time under three (3) business days after initial response time.
- Priority 2: High, Within ~1 business day, Average resolution time is one (1) business day. DOS-M will aim to keep resolution time under five (5) business days after initial response time.
Priority 3: Normal & Priority 4: Low,
Within ~1 business week, Average resolution time is one (3) business days. DOS-M will aim to keep resolution time under five (8) business days after initial response time.
High Priority Coverage:
During pre-defined periods of high-priority coverage, DOS-M will extend business hours to include 12 hour coverage throughout the defined window during which all response times will occur in under 4 business hours. An additional cost, as defined in the SOW, will be applied to a high priority window.
H. Project Warranty
Fixed Fee Projects: DOS-M will provide patches and bug fixes for any bugs or issues included in the scope of work that were introduced by DOS-M during the deployment to production / launch process. Bugs and issues found in features that were previously approved by the Client during the course of the project will not be covered by the warranty. Issues must be reported by the Client within the grace period of no more than 30 days following the date of project completion, as defined by the date the Client signs off on the deliverables. All bug fixes outside of the project scope or after the grace period are the responsibility of the Client. Should further support be necessary, a support SOW may be negotiated.
Constrained Time & Materials Projects: DOS-M will provide a clear release and exit plan including a final sprint to serve as a cleanup and polish period. This sprint will be allocated for in the budget estimate and all work will be billed using the standard hourly rate. Should the project budget exceed original expectations, customer may choose to limit the scope of the final post-release sprint. DOS-M does not offer a window of unpaid work.
On-Going Time & Material Projects: Projects which run over multiple budget periods, and have no delineated exit point, can have a warranty sprint(s) that will be planned and budgeted like a regular project sprint. Bugs and features will be tracked within the project backlog and scheduled in sprint planning. Each sprint is started once work is approved, and billed once work is completed. These projects have no implied warranty.
02. The Finances
A. Payment Terms
All projects will be required to pay a 50% non-refundable deposit based on the SOW, and a final payment will be required upon completion. All payments are due within 30 days of the invoice being sent. Late payments will be charged a 5% per month fee compounded monthly (or the maximum allowable by law, if less). Should an undisputed payment be late, DOS-M reserves the right to freeze or modify all work until accounts are settled. If the amount of any invoice is in dispute, Client shall pay any amount that is undisputed. If payment has not been received within 90 days, DOS-M reserves the right to delete all work performed.
B. Hourly Billing
Time & Materials is billed hourly at a rate of $150 / hr. DOS-M will review work requests in our project management system, plan sprints and provide a cost estimate per ticket based upon priority. Once approved, with an executed SOW in place, work will proceed. As soon as we know that a task may go over the estimate, the Client will be alerted, and the parties will mutually agree to proceed before any work is done which exceeds the approved estimate. A breakdown of hours per billing period by task and / or by deliverable will be made available upon request.
Hourly Discount: A discount of 50% (“Hourly Discount”) will be extended to Client if they’ve purchased a website service by DOS-M or if the project is expected to take five hours or more. Our standard rate is $150 / hour otherwise.
C. Fixed Billing
Payment will be set by project milestone defined within the SOW. Upon written Client acceptance of the successful completion of the milestone an invoice will be sent. Any scope changes during the course of the project will require a written and approved change order.
Retainers are based upon the entire availability, or a fraction, of a DOS-M project. We will structure the flow of work using a regular sprint planning session. Each month, the Client and DOS-M team will review all open tickets in the backlog together in order to determine which features should be included in the next sprint for strategy & scoping, UX / design, and development. We will allocate a predetermined percentage of our availability for time-sensitive requests which are set in sprint planning, and triage as they come in. Should the timely requests exceed planned availability, they will be added to the backlog. We are happy to consider flexing upon request if you have budget flexibility to exceed the monthly cap and if we have any additional availability. Additional hours used above the agreed retainer will be billed at a time & materials rate of $150 / hour. Unused retainer hours for any given month will not roll over into subsequent months.
Licenses, media files, specialized software, server costs, code versioning services, project management tools, and any other assets or services required specifically for this project, pre approved by Client and paid by DOS-M, will be billed accordingly. Clients will buy the materials or services directly unless specifically agreed upon in writing. Any effort required by DOS-M around purchasing tools, services or assets will be invoiced at the Time & Materials rate.
Client and project-related travel will be budgeted as follows:
- Working days: a day rate equal to 6 hours per person at the standard hourly rate
- Travel days: a day rate equal to 3 hours per person at the standard hourly rate
- Meals: $20 per diem per person
- Travel out-of-pockets, including taxi, train tickets, plane tickets, gas / mileage reimbursement
- Hotel or lodging out-of-pockets, including room fees & taxes
All projected costs will be submitted to the Client before travel is booked, for review and approval. Final expenses will be invoiced as incurred. Travel costs are not included in the project estimate. However, if work included in the estimate is performed as part of the travel engagement, the Client will not be billed twice for those working hours.
G. Payment Information
DOS-M currently only accepts payment through dos-m.com and PayPal invoices. DOS-M does not accept cash or paper checks.
Downpayment: An initial payment to cover the first sprint will be required for kickoff. The funds from this deposit will be billed directly against initial work.
03. The Way We Communicate
A. Point of Contact
DOS-M will require one point of contact during the Agreement for clarifying requirements for design, key features, usability and maintenance issues. It will be assumed that the original customer reaching out will be the point of contact throughout the project. DOS-M requires this person to be available to answer questions arising from the project within 2 business days (subject to reasonable exceptions), and to have authority to make design and related decisions on the system. The Primary Point of Contact (“PoC”) may authorize other officers or employees to respond to any issue requiring the technical expertise, or may designate a new point of contact by communicating such change in writing to DOS-M.
B. Project Management & Communication
Business Day / Hour: For the purposes of this contract, “business days” and “business hours” shall be defined as Monday-Friday, from 10 a.m. to 6 p.m. EST.
Project Tracking Software: DOS-M will manage work using a proprietary project tracking software (including wikis, issue tracking, Git integration, announcements and timelines) and google documents. The Client will not have access to these systems. If the customer needs a copy of any documentation, they can submit a written request. DOS-M has the right to refuse access to any documentation.
Written Communication: DOS-M will constitute that texting, email, and instant messaging through third party platforms all count as written communication.
C. Project Response Times
Due to the nature of our project load, DOS-M is not set up to support on demand services outside of business hours and any window of time otherwise defined within the SOW. Within the duration of this Agreement, DOS-M will make every effort to reply to inquiries within two business days except where the Client has been previously notified of a period of limited availability. DOS-M will respond in good faith but cannot guarantee any specific action within a given time frame.
Should a specific Service Level Agreement for technical support or devops be included in the SOW, response time expectations will be defined in the appropriate section and for those offering supercede our standard response timeframe.
04. The Ownership
A. Intellectual Property & Ownership
As defined in the applicable SOWs, DOS-M will provide the completed deliverables (“Finished Product(s)”) to the Client in the form of source code files, object code files, data files, rendered assets, paper documents and other asset files. The Finished Product(s) does not include process materials, comps, prototypes, notes, or other assets generated throughout the project unless specifically stated within the SOW. The Finished Product(s) are commonly delivered to the Client through a file sharing service, the project management system, email and/or through a shared code repository for a limited period of time, with the expectation that the Client will download the deliverables they desire during the agreed upon window. The Finished Product(s) become the exclusive property of the Client upon acceptance of delivery and complete payment of all terms as set forth in the SOW(s).
The Finished Product(s) may include content from third parties, integrate with services, open source projects, or whose intellectual property rights (such as copyrights, trade secrets, patents, etc.) are entirely owned by DOS-M. DOS-M represents and warrants that it has a legal right to use any such existing content in the creation of the Finished Product(s). The Client’s right to use such content is subject to the licenses provided in this MSA, the SOW, and licenses specifically defined by their respective owners. Such code and other underlying technologies do NOT become the property of the Client, only the Finished Product(s). No rights to these dependencies is expressed or implied.
B. DOS-M Product Lines
Any purchase, support or use of a Software-as-a-Service offerings will be done under the terms and conditions of that service and is not covered under the terms of this Agreement.
Finished Product(s): Unless a specific time period is defined within the SOW, Client may use the Finished Product(s) indefinitely so long as the Client continues to comply with the terms of this Agreement and any applicable SOW. DOS-M provides no guarantee outside the terms defined in the SOW to support the Client’s continued use of the Finished Product(s).
We take great pride in our work and like to share our combined success. Client agrees that DOS-M shall have the right to include the relevant Client brand within its roster of clients. When publicly available, the Client’s project will be directly referenced as part of DOS-M’s business portfolio.
05. The Limits
In the event that any aspect of this Agreement is dependent on a separate third party or the Client’s in-house team, the quality and punctuality of the Finished Product(s) (defined below) may be subject to said party’s ability to meet the required timelines and / or level of quality. DOS-M is not responsible for any delay or defect caused by separate third party or the Client’s in-house teams except in such cases where Client has engaged such third-party to perform a portion of DOS-M‘s obligation under any applicable SOW.
B. APIs & 3rd Party Services
DOS-M is not responsible for the uptime, performance or stability of any 3rd party service. Should an API or service change and in any way affect the application or alter scope, additional budget may become required and the timeline may be affected. DOS-M will document all required integration points.
C. Content & Copyright
Client is ultimately responsible for the creation, entry, design, review, and final quality of all their content. This includes web copy, media files, documents and embedded assets. Specific responsibilities from both DOS-M and the Client will be defined in the SOW or documented during the planning phase.
DOS-M and Client will both observe applicable copyright and trademark laws. Clients will obtain permission from any copyright owner to use their asset (stock media, code library or snippet, font and 3rd party tool) that has any restrictions, requires payment or affects the copyright or ownership of the deliverable.
Applicable deliverables from both DOS-M and the Client will comply with the accessibility standards set forth in the SOW at the time of delivery. DOS-M is not responsible for any accessibility requirements outside the specific deliverables defined in the SOW. Should no accessibility requirements be set forth in the SOW, the customer releases DOS-M from any obligation from accessibility compliance. Client is responsible for the accessibility compliance of all web content (user created text, images, video, sound, files) and any/all changes made to the Finished Product(s) by all parties aside from DOS-M.
E. Hosting Services
The Client is responsible for choosing, paying for, and maintaining any required hosting solutions and associated services unless the Client opts in for monthly management services. This includes, but is not limited to test, staging, production dns, CDN servers, domains, code versioning hosting, project management tools, documents, data storage, media storage, or other paid services required for the project. DOS-M is NOT responsible for down time, poor performance, or loss of data caused by the hosting provider. Additionally, DOS-M is not responsible for any bug caused by changes on the host after the delivery of the work detailed in the SOW, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations.
DOS-M maintains internal backups of active project code and design files. This backup system is not intended as a solution for the Client, rather as a code archive through the duration of this engagement. While the DOS-M backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the backup and restoration of the Finished Product(s) and any associated data should DOS-M not be engaged to provide ongoing monthly services.
Although DOS-M makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, DOS-M can in no way guarantee that the Finished Product(s) will not be subject to security breaches. DOS-M recommends the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. The Client is solely responsible for tracking software updates which may affect their system should DOS-M not be engaged to provide ongoing monthly services.
H. Limited Liability
The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the Client of the output of the software or any reliance thereon; (c) obtaining the required licenses and respect copyright for any and all third party assets including but not limited to fonts, media, and software and (d) taking any and all steps necessary to enable both parties to fulfill their obligations under this Agreement and any SOW. The Client shall also be responsible for the continued operation and maintenance of the computer equipment and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.
The Client agrees that any liability of DOS-M relating to this agreement and the services performed shall be limited to the amount of fees actually received by DOS-M from the Client under this Agreement regarding the services in question, in the immediately preceding 6 calendar months. In no event shall DOS-M be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.
DOS-M shall not be liable or responsible, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling any term of this Agreement when such failure or delay results from acts or circumstances beyond reasonable control. Such circumstances include, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, zombie apocalypse, riot, or other civil unrest, national emergency, revolution and insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of 30 days, Client shall be entitled to give notice in writing to terminate this Agreement.
06. The Law
A. Review, Expiration or Cancellation
This Agreement is valid for one calendar year beginning on the Effective Date. It will automatically renew for an additional one calendar year term, unless notice of termination or nonrenewal is given by either party, within 30 days of the renewal date. This Agreement may be terminated by either party with a full 30 day written notice. All payments will be due and all work will be submitted upon the termination of Contract.
If notice of termination is given while any SOW is active but before the applicable Final Product(s) has been signed off, DOS-M will complete the current sprint and prepare all work product for handoff to the Client. All billable work for the final sprint will be invoiced and deducted from the deposit. In addition, should the total spent not meet the volume discount requirement, DOS-M may deduct the difference between any Website Discount that was extended to Client and DOS-M’s non-discounted rates, if the basis for cancellation is anything other than default by DOS-M. Any remaining deposit will be returned.
The language of this Agreement shall not be interpreted in favor of or against any party as the drafter of this Agreement.
B. Dispute Resolution
All claims and disputes between the Parties relating in any way to this Agreement or the transactions contemplated hereby which cannot be resolved through their good faith discussions (a “Dispute”) shall be submitted to mandatory non-binding mediation by either Party to an impartial mediator.The mediator shall review the Dispute within thirty (30) days of submission or at such other time provided the Parties so agree. Any mediation fee shall be paid equally among the Parties. Any Dispute which is not resolved through such mandatory mediation shall be settled by final and binding arbitration before a single neutral arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court in Connecticut. Each Party agrees that the Dispute as mediated and/or arbitrated and the final resolution of such Dispute shall be considered to be confidential information. The prevailing Party in any such arbitration shall be awarded its reasonable attorneys’ fees and costs as determined by the arbitrator.
C. Governing Law
Any and all disputes that may arise between DOS-M and the Client regarding the terms of this Agreement shall be construed and enforced in accordance with the laws of the State of Connecticut. In any action arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Digitally Optimized Systems to Marketing
43 Herindeen Lndg
Woodstock, Connecticut 06281