Master Service Agreement - Website Addendum
WEBSITE ADDENDUM TO MASTER SERVICE AGREEMENT
1. Server Uptime and Website Hosting
Service Level:
If the website availability is less than 99.8% at any time in a trailing 12-month period, Tambourine will credit the customer 5% of the monthly fee for each 60 minutes of downtime in excess of the allowable amount of downtime (up to 100% of customer’s monthly fee for the affected website).
Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of availability caused by or associated with:
- circumstances within the Force Majeure provision (Section 14) of the Master Service Agreement;
- scheduled maintenance, emergency maintenance and upgrades (emergency or scheduled);
- DNS issues outside the direct control of Tambourine, and DNS Propagation;
- customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, Ruby, PHP, Python, etc), any negligence, willful misconduct, or use of the Services in breach of Tambourine’s Terms and Conditions and Acceptable Use Policy (which will be provided upon Client request);
- outages elsewhere on the Internet that hinder access to your account.
Tambourine is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.
One primary domain (example: domain.com) is included with each hosted website. Additional domain hosting will incur a charge of $15 per month per additional domain.
2. Client Responsibilities
Client will redirect Domain Name Service ("DNS") to Tambourine server for the duration of the Agreement. Failure to redirect DNS will delay launch of Services.
Client will provide Tambourine team specific booking engine links at least two (2) business days before any booking promotions are required to go live.
3. Client Opportunity to Purchase Certain Rights Upon Termination
Upon termination, Client will receive all content and images that Client provided to Tambourine, including any images or fonts licensed to Client. In addition, Client will receive the entire front-end website in a flattened format, all native PhotoShop files for website design and all written content created by Tambourine on behalf of Client. Any stock images or fonts licensed by Tambourine cannot be released unless the Client procures its own license for the content. In order to maintain eligibility for Tambourine-created files and content, Client must be current on all subscription fees and: A) if the termination date is at least 24 months after the launch of the initial website design (or any subsequent redesign), a one-time payment of $4,950.00 (USD) will be required to release materials described above or B) if the termination date is less than 24 months from the launch of the initial website design (or any subsequent redesign), the payment required to release the materials described above will be $4,950.00 (USD) plus a fee of $995.00 per month for each month remaining until the end of the 24th month from the launch of the initial website design (or any subsequent redesign).
4. Website Redesign
Client is eligible for one website redesign 24 months from the launch of then current website at no additional charge. If a Client wishes to redesign their current site prior to this date, Client may submit a request for Tambourine’s consideration; if Tambourine agrees to perform the redesign, it will charge a one-time project fee equal to $995.00 times the amount of months remaining to satisfy the 24-month requirement for each redesign request. Client agrees not to terminate this Agreement earlier than one (1) year from the date of the launch of a redesigned website.
If performance as defined as visits to looks is deemed by Tambourine to be 25% or more from the median range of the Tambourine portfolio for 90 days or more, Client will be considered for a redevelopment/redesign project at a reduced rate prior to the 24-month window expiring and subject to Tambourine approval.
A website will be considered to be redesigned if one or more of the following occur:
- Complete rework of the site architecture and sitemap.
- Modification of the overall aesthetic of a homepage and/or internal pages to match new brand guidelines.
- Modification of the layout of the homepage and/or internal pages.
- Full rebuild or replacement of the current site within the CMS.
Regardless of the timing of the redesign, Client understands that all website redesigns are governed by the following parameters:
- Resource allocation for a redesign is based on availability and there are no project timeline commitments or guarantees.
- There can be no more than ten (10) redesigns actively in process for all Tambourine clients at one time. Client will be added to a waiting list until space becomes available.
- Client agrees not to terminate this Agreement earlier than one (1) year from the date of the launch of the newly redesigned website.
5. Website Accessibility
For purposes of the American With Disabilities Act, and similar state or local laws, Tambourine represents that the Website (not including any third party content, integrations and external websites) makes a reasonable and good faith effort to adhere to the Web Content Accessibility Guidelines, commonly referred to as WCAG 2.2 AA or the then prevailing "Accessibility Standard" as issued and developed by the World Wide Web Consortium (W3C), which sets accessibility standards for website development, functionality and use, and any current, non-technical industry best practices. If such efforts are technically infeasible, Tambourine shall identify those accessibility issues to the Client so that the parties can reach an agreement on how to address the issue(s) including the related costs of bringing the Website up to standard. Tambourine will exclusively rely on SiteImprove, a Web Accessibility software to scan and report on all accessibility issues based on WCAG 2.2 AA standards. Tambourine will provide to Client an Accessibility Report generated from SiteImprove at the Client’s request.
Tambourine will regularly monitor the Website using SiteImprove but does not guarantee that the Website continues to adhere to the prevailing Accessibility Standard after deployment and for the entirety of the life of the Website while on Tambourine’s platform, nor does Tambourine guarantee that the Website will be accessible at all times to all persons. Manual human testing using native assistive technology can be performed by request at Client’s expense.
Client agrees that any changes made to the Website by Client through the CMS (Content Management System) will adhere to WCAG 2.2 AA and current industry best practices. Client may elect to provide Tambourine with PDF(s) for posting on the Website provided that such PDF(s) are accessible PDF(s). Tambourine is not responsible for converting PDF(s) to be accessible and Client bears the entire risk associated with the posting of such PDF(s) and any other content provided or changes made by Client. Tambourine does not guarantee that the Client will be free from potential claims, complaints, investigations, actions, proceedings or lawsuits relating to website accessibility, whether frivolous or legitimate, under federal, state or local laws, and Tambourine expressly disclaims any and all liability for any such claims. Furthermore, Client agrees to defend, indemnify and hold harmless Tambourine from any and all liability in connection with any claims relating to website accessibility and/or compliance.
6. THIRD PARTY SCRIPTS
The Client may request the installation and / or customization of certain third party scripts that are unrelated to Tambourine’s products and services. All third party scripts are subject to a vetting process and Tambourine reserves the right to deny the installation if it deems the script will cause potential performance issues, create possible conflicts with previously installed scripts or require a complex installation process. Approved third party script installations may be subject to a minimum one-time fee of $250 per script. Complex customizations of scripts will be subject to a one-time installation fee per script with the amount to be determined during the vetting process. Client remains liable and responsible for any and all content contained in such scripts and will be considered the publisher of the same for all legal purposes.
Master Service Agreement & Addendums:
Search Engine Optimization (SEO) Addendum
Addendum to Data Processing Agreement
Last Update June 3, 2025