Terms & Conditions for Website Hosting
Sarah Eagle Designs strives to offer all clients a reliable and excellent level of service and uses SiteGround for hosting. in addition to their terms https://www.siteground.co.uk/terms.htm the following applies.
2. Definition of Terms.
In these conditions, unless the context requires otherwise, the following words shall have the following meanings:
2.1. "Client" , "you" or “customer” means the person, firm or company that has requested any Services;
2.2. "Conditions" means the standard terms and conditions of sale set out herein;
2.3. "Contract" means any contract for the provision of the Services;
2.4. "IPRs" means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trade marks, service marks, trade names and goodwill;
2.5. "Sarah Eagle Designs" or "we" or "I" means Sarah Eagle Designs;
2.6. "Netiquette" means generally accepted standards for use of the Internet such as but not limited to sending bulk unsolicited e-mail, mail bombing, misrepresenting that you have third party authorisation and impersonating another person;
2.7. "Server" means the computer servers used to provide the Service;
2.8. "Services" means any services supplied or to be supplied by Sarah Eagle Designs (which may include without limit Email Forwarding, Email, POP accounts, e-commerce, Web Site Hosting, FTP access, Domain Name Registration) as described in the quote or acknowledgement of order issued by Sarah Eagle Designs or as may be agreed from time to time; and
2.9. "Site" means the Internet website at www.saraheagle.co.uk
2.10. “Attachments” Means Proposal and/or Quotation
2.11. “Standard Hourly Rate” £40.00 per hour or the rate shown in the agreement
2.12. “Emergency/Weekend Hourly Rate” Hourly Rate plus 50%
3. Acceptance of terms
3.1. The Conditions set out the only terms on which Sarah Eagle Designs is prepared to provide you with the Services. The Conditions shall apply to all Contracts and by using the Services you accept this. All other terms and conditions (other than those which are agreed in writing between us) are excluded to the fullest extent permitted by law. Sarah Eagle Designs reserves the right to review and revise the Conditions from time to time without prior notice and, by using the Services subsequent to any revision of these Conditions, you agree to be bound by such changes. Please review my terms and conditions on a regular basis for changes.
4.1. Where appropriate, you agree to provide such information about yourself as prompted by the Service's registration form and ensure that it is at all times true, current, accurate and complete. If it is not or Sarah Eagle Designs reasonably suspect it is not true, current, accurate and complete then Sarah Eagle Designs shall be entitled to terminate the Contract or suspend the Services until such time as Sarah Eagle Designs determine.
5.1. You are responsible for the security and proper use of all usernames and passwords and must take all necessary steps to ensure that they are kept confidential, used properly and not disclosed to unauthorized people.
5.2. You must inform us immediately if you have any reason to believe that any usernames and passwords have become known to someone not authorised to use it or if any username or password is being or is likely to be used in an unauthorized way or of any other breach of security.
5.3. Sarah Eagle Designs are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will be entirely liable for all activities conducted and charges incurred under your usernames and passwords whether authorised by you or not.
5.4. If you forget any usernames and passwords you should contact us and subject to you satisfying certain security checks you will be given a new usernames and passwords to enable you to use the Services.
6. The services
6.1. The Services shall be as described in the Site or order form and such other material as Sarah Eagle Designs provides to you from time to time. Sarah Eagle Designs reserve the right at any time and from time to time to amend, improve, correct, discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice and you agree that Sarah Eagle Designs shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Sarah Eagle Designs will restore the Service as soon as reasonably practicable after temporary suspension.
6.2. Unless otherwise agreed in writing by Sarah Eagle Designs, the minimum period for the provision of the Services is 12 months from date on which they are first made available to the Client (the "Initial Term") and shall continue thereafter for further periods of 12 months (each being a "Renewed Term") unless and until the Client serves at least one month's written notice on Sarah Eagle Designs prior to the expiry of the Initial Term or a Renewal Term, such notice to expire at the end of such Initial or Renewed Term.
6.3. Customers on any shared hosting plan will ensure that neither you nor any of your End Users makes excessive or wasteful use of the Server to Sarah Eagle Designs' detriment or that of Sarah Eagle Designs' other customers. The terms "excessive" and "wasteful" are defined by our experience with similarly situated customers. This means that your use of bandwidth may not exceed that of similarly situated customers. If the contents of your Space regularly generate more server traffic than is deemed acceptable by Sarah Eagle Designs, Sarah Eagle Designs shall send you an email warning to the email address you provided in My Details section of your User area. Our warning will also contain the terms and conditions for the appropriate solution. If you do not take corrective action or comply with an excessive traffic usage warning Sarah Eagle Designs have sent by email within the specified time frame, Sarah Eagle Designs reserves the right to terminate this Agreement without liability to you.
6.4. Sarah Eagle Designs has a set bandwidth allocation applicable to each Service, roughly up to 10,000 visits per month. If in any calendar month you use bandwidth over that basic allocation, your service will be limited and an overage fee may be charged if you wish to restore it.
6.5. Unused bandwidth may not be carried over from month-to-month.
6.7. Sarah Eagle Designs provide certain services designed to filter unwanted email. You acknowledge that use of the Services will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and email infected with viruses. Sarah Eagle Designs recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our SLA.
6.8. Sarah Eagle Designs shall be entitled to temporarily suspend or disable a Client's services at any time in order to protect all and any Internet solutions provided by Sarah Eagle Designs from time to time when necessary.
6.9. The use of the following types of software is not permitted :
6.9.1. P2P public file sharing software such as, Napster, Kazaa, and Morpheus;
6.9.2. or, Internet Relay Chat (IRC) software, such as mIRC.
7.1. Sarah Eagle Designs acts in good faith to back up data stored on your website once a day. and stored for 30 days. These backups are intended for internal use only and Sarah Eagle Designs cannot guarantee that a backup will be available for restore upon your request. It is your responsibility to back up data of all your content in order to prevent potential data loss.
7.2. Sarah Eagle Designs may determine that certain file extensions are not suitable for backup and exclude them from the backup. Such file types include, but are not limited to: iso; ace; arj; avi; bak; bin; bz; bz2; cab; car; cbr; ccd; cdr; cue; drw; exe; flv; gz; gzip; img; iso; jar; jmy; lbs; md; mid; midi; mov; mp2; mp3; mp4; mpa; mpeg; mpg; nrg; pae; pak; psb; psd; r00; r01; r02; r03; ram; rar; rm; rmf; sea; sub; tar; tar.gz; tgz; vob; wad; wav; wave; wma; wmv; zip. It is your obligation to verify whether particular files will be backed up.
7.3. Back Up Services are provided as is and are subject to all warranty disclaimers and limitations of liability set out herein. By purchasing services from us, including Back Up Services, you agree that you will maintain your own set of backups independent of those Sarah Eagle Designs maintain. If Sarah Eagle Designs provide data to you from a back up, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. Our only obligation is to restore your Space or Server to its operating condition. It is your obligation to restore your website.
8. Obligations of the client
The Client agrees that it shall:
8.1. Immediately notify Sarah Eagle Designs if it becomes aware of any unauthorised use of all or any of the Services and/or Servers;
8.2. Not use the Services and/or Servers for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (which shall include without limit any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, harmful, defamatory or which breaches the rights (including without limit IPRs) of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under English law or regulation, the laws or regulations of the Clients country or any other place where the results of such purpose or such material can be accessed;
8.3. Not use the Services and/or Servers for the publication, linking to, issue or display of any material which in the absolute discretion of Sarah Eagle Designs may harm Sarah Eagle Designs or any of its clients or bring Sarah Eagle Designs into disrepute or may call into question any action taken by Sarah Eagle Designs on the Client's behalf;
8.4. Not use the Services and/or Servers in breach of good Netiquette practices;
8.5. Ensure that it has all necessary consents, permissions and licences to make use of the Services including without limit registration under the Data Protection Act 1984 and 1998;
8.6. Not provide any technical or other information obtained from Sarah Eagle Designs and/or relating to the Services or the Contract to any person, company, firm or government which the Client knows or ought reasonably be aware may directly or indirectly lead to a breach of any English law or regulation;
8.7. Not, in breach of good Netiquette practices, use any service provided by any third party (including without limit an Internet website and/or e-mail) for the publication, linking to, issue or display of any material which refers to an Internet website hosted by Sarah Eagle Designs or any other services offered by Sarah Eagle Designs from time to time;
8.8. Ensure that all material or data hosted by Sarah Eagle Designs on any website operated by the Client from time to time or communicated through such site or using the Servers is checked for viruses and other harmful code;
8.9. The client should keep back ups of all data hosted at Sarah Eagle Designs for any website operated by the Client from time to time; and
8.10. Promptly notify Sarah Eagle Designs of any change to its communication address and the Client acknowledges that Sarah Eagle Designs shall not be liable for any costs, damages or loss which the Client may suffer or incur as a result of failure to notify such changes to Sarah Eagle Designs.
8.11. Download and delete all their stored e-mail on Sarah Eagle Designs’ servers at least once every 30 days.
8.12. To ensure their usage of stored e-mail does not exceed the purchased quota. Sarah Eagle Designs operates a default mail quota of 5MB and e-mail may be returned to sender should this level be exceeded.
8.13. The Client acknowledges that in order to make proper use of the Services it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The Client acknowledges that Sarah Eagle Designs shall have no obligation to:
8.13.1. Manipulate any material which the Client wishes and/or does post on any website it operates or any communication which it issues or sends in connection with any of the Services; or
8.13.2. Validate or vet such material for usability, legality, content or correctness.
8.14. If a website should be hacked Sarah Eagle Designs reserve to right to disable the hosting account immediately. Sarah Eagle Designs will not be responsible for any loss of business caused by disabling the hosting account or website.
8.15. The Client agrees to keep updated any Content Management Systems such as Joomla, Wordpress or any other scripts. If such scripts are not updated and the site becomes hacked or puts the hosting account and/or other accounts on the server at risk from hacking or blacklisting then Sarah Eagle Designs reserve to right to disable or delete the hosting account immediately. Sarah Eagle Designs will not be responsible for any loss of business caused by disabling the hosting account or website.
8.16. Sarah Eagle can be in no way held responsible if a website is hacked.
9. Email abuse and Spam
9.1. The sending of spam email or emails to multiple addresses is prohibited without prior agreement.
9.2. The sending of emails to multiple address must be through an approved Newsletter /Mailing List software to ensure the minimum impact on the server.
9.3. You must operate an opt in opt / out mailing list.
9.4. Sarah Eagle Designs reserves the right to remove permission to send emails to multiple email addresses at anytime and without notice.
9.5. If you are found to be breaking any Spamming laws all services may be terminated or suspended without warning.
9.6. In the event that your actions result in the server being blacklisted you may be liable for any costs resulting from your actions.
10.1. The current price payable for the Services shall be as specified on the order form or invoice. Sarah Eagle Designs agrees not to increase the prices it charges the Customer at least until the end of the initial term. The price is non-refundable. Sarah Eagle Designs shall be entitled to vary its prices from time to time however Sarah Eagle Designs shall give you at least one month’s notice of such increase and if you are not satisfied with such increase then you will be entitled to terminate the Contract by giving us written notice within one month of the date of the variation notice failing which you shall be deemed to have agreed to the variation.
10.2. The price covers permitted bandwidth (monthly transfer limit) as specified on the site. If you exceed this limit then Sarah Eagle Designs reserves the right to make additional charges for usage above the limit at the prevailing charge rate as stated on the Site. Sarah Eagle Designs will endeavour to let you know if your bandwidth use exceeds the agreed level however it is your responsibility to monitor the bandwidth being used by you from your web statistics page.
10.3. All prices quoted to the Client for the provision of services by Sarah Eagle Designs are exclusive of any value added tax for which the Client may be additionally liable at the applicable rate. Where the Services are purchased with a monthly payment plan comprising a set up fee, this fee is payable immediately. Where a long term contract is purchased, the set up fee is included within the total payment.
11.1. The price and all other amounts due under the Contract shall be paid by the Client by the due date and in the currency as specified in Sarah Eagle Designs’ invoice. Payment shall only be deemed received by Sarah Eagle Designs upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any goods.
11.2. Where the Services include or consist of registration of domain name services, Sarah Eagle Designs shall be entitled to raise an invoice for payment to the appropriate naming authority and for the hosting that name specifying the date by which payment by the Client must be made. Failure for any reason by the Client to make payment before the specified date will entitle Sarah Eagle Designs to release the Client's domain name without any liability for loss suffered by the Client howsoever arising.
11.3. It is of the essence of the Contract that the Contract price and all other amounts due from the Client under the Contract are paid on time. You shall be responsible for any and all expenses incurred by Sarah Eagle Designs in recovering overdue amounts and shall pay interest on them (before and after judgment) at annual rate of 5% above the base lending rate of Bank of England calculated daily until payment is made in full.
11.4. To ensure continuity of service you must ensure that payment and renewal of your hosting account is made before the renewal date.
11.5. Failure to settle all amounts before the renewal date will result in automatic termination and/or suspension of services.
12. Intellectual property
12.1. All IPRs relating to the Services provided by Sarah Eagle Designs are and shall remain the property of Sarah Eagle Designs. All rights in the design and arrangement of the Site, text and graphics and all software compilations, underlying source code, and all other material on the Site are reserved to of Sarah Eagle Designs Internet Services Limited or its licensors. Except as expressly provided below, nothing contained in these term of use or on the Site shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other IPRs.
12.2. Sarah Eagle Designs and all other names, images, pictures, logos and icons identifying Sarah Eagle Designs or its services are trademarks of Sarah Eagle Designs Internet Services Limited in the UK and other countries. Other product and company names mentioned on this Site may be trade marks of their respective owners.
13.1. The Client agrees to fully indemnify and keep Sarah Eagle Designs, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising from your breach of the Contract, your use or misuse of the Services, any claims by third parties as to ownership or other rights to use a Domain Name where one has been registered by or transferred to Sarah Eagle Designs at your request or arising in any way by the Client infringing (whether innocently or knowingly) third party rights (including without limit intellectual property rights).
14.1. Nothing in the Contract or these Conditions shall exclude or limit the liability of Sarah Eagle Designs for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of consumers.
14.2. To the fullest extent permitted by law the Site and its contents is provided by Sarah Eagle Designs on an "as is" and "as available" basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Services, the Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, Sarah Eagle Designs does not represent or warrant that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) any results obtained from using the Services will be accurate, complete or current.
14.3. You acknowledge that the allocation of risk in this contract reflects the price paid for the Services and that it is not within the control of Sarah Eagle Designs how or for what purposes the Services are used. If any exclusion in this license is held to be invalid and Sarah Eagle Designs becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the Services.
14.4. Sarah Eagle Designs shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf.
14.5. Sarah Eagle Designs is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied. Sarah Eagle Designs reserves the right to raise additional charges for any work so arising.
14.6. If any Services are or become unavailable then Sarah Eagle Designs will use reasonable endeavours to repair and reinstate the service within 24 hours of detection depending on the severity of the failure. If failure is caused by the Client or any agent of the Client to whom access to Servers was given then the Client shall pay all costs to reinstate and/or repair the Server. Where such unavailability is due to the negligent failure of Sarah Eagle Designs to deal with circumstances within its control and is for more than a total of 24 hours in any 30 day period or for any 6 consecutive hour period then Sarah Eagle Designs will at its discretion either pay to you compensation limited to a refund of the fee paid by you for the unavailable Services or provide you with a credit up to the same amount.
14.7. Neither Sarah Eagle Designs nor anyone else who has been involved in the creation, production or supply of the Services shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Contract or the Services for any:
14.7.1. economic loss of any kind whatsoever, or
14.7.2. loss of profit, business contracts, revenues or anticipated savings, or
14.7.3. damage to the Client's reputation or goodwill, or
14.7.4. loss resulting from any claim made by any third party, or
14.7.5. special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify Sarah Eagle Designs from and against any claim which may be made against Sarah Eagle Designs in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to you.
14.8. If Sarah Eagle Designs is prevented or delayed in or from performing any of its obligations under the Conditions or the Contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the
Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency Sarah Eagle Designs shall not be liable for this.
15.1. All confidential information of either party or of any of its customers disclosed to or discovered by the other as a result of the provision of the Services shall be regarded as disclosed in confidence and shall only be used in connection with the performance of its obligations under the Contract and not be passed on to third party and/or in any way be made use of at any time either during or after the termination of the Contract save with consent of the other or which comes into the public domain (otherwise than through the unauthorised disclosure by the other).
15.2. The Client shall promptly notify Sarah Eagle Designs if it becomes aware of a breach of confidence in relation to the Services and/or the Contract and shall give Sarah Eagle Designs all reasonable assistance in connection with any proceedings Sarah Eagle Designs may institute against a third party at Sarah Eagle Designs’ expense. Sarah Eagle Designs may be required, in the course of maintaining domain names to provide registrars with current registrant information.
16.1. For quality control purposes your telephone conversations with Sarah Eagle Designs staff may be recorded from time to time.
16.2. The information you provide to us will be stored on computer. Sarah Eagle Designs are committed to protecting your privacy. Sarah Eagle Designs and any of our associated companies may use the information you provide us to provide a more personalised service and to tell you about changes in our and their service or any new services which Sarah Eagle Designs think you will find valuable. If you object to any of these uses at any time, then please inform us by email form to Sarah Eagle Designs using the form on the "contact us" section of the Site. Sarah Eagle Designs may also use such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these Conditions.
16.3. Sarah Eagle Designs will not monitor, edit or disclose the contents of any private communications transmitted via the Servers unless required to do so by law or in the good faith belief that such action is necessary to conform or comply with applicable law, to protect and defend the rights and/or property of Sarah Eagle Designs or to protect the personal safety of any of our clients or the public.
18.1. The Contract may be terminated:
18.1.1. immediately by Sarah Eagle Designs if the Client fails to pay any sums due hereunder within 14 days of their due date;
18.1.2. immediately by either party to the other if the other commits any material breach of any these conditions and which (in the case of a breach capable of being remedied) has not been remedied within a reasonable time period as may be specified in a formal request in writing or by electronic email to remedy the same;
18.1.3. immediately by written notice from Sarah Eagle Designs if the Client commits any material breach of any these conditions which may impact the Services or Servers of Sarah Eagle Designs or the ability of Sarah Eagle Designs to provide the services;
18.1.4. immediately by either party if the other shall convene a meeting with its creditors or if a proposal shall be made for a voluntary arrangement within part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme of arrangement with (or the assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee receiver or administrative receiver or similar officer is appointed in respect of all or any of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or any other steps are taken for the winding up or the making of an administrative order (otherwise than for the purposes of a solvent amalgamation or reconstruction).
18.2. In the event that Sarah Eagle Designs is entitled to terminate the Contract for any reason then it shall in the alternative at its sole discretion be entitled to suspend the Services for such period as Sarah Eagle Designs shall determine.
18.3. Upon termination or expiry of the Contract all amounts payable by the Client to Sarah Eagle Designs shall become immediately due and Sarah Eagle Designs shall be entitled to immediately cease the provision of the Services.
19. Foreign jurisdictions
19.1. The Site may contain references or cross references to services that are not available in every country. Sarah Eagle Designs does not represent that all Services and content, materials and services on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Your access to the content, materials and services on the Site from such locations is at your own initiative and Sarah Eagle Designs are not responsible for your compliance with local laws or other applicable laws. You will not access the foregoing if prohibited by law.
20. Service Level
20.1. The Client can apply for service credits for service disruptions or failures if the service is offline for more than 24 hours. For each subsequent 24 hrs of service failure the client can apply for another 24 hrs service credits. This shall be the sole remedy available to the Customer for service disruptions or failures and the amount paid under this agreement will not exceed the amount paid for the service.
21.1. Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver.
21.2. Any notice or other communication to be given by a party under this Agreement must be in writing by email to the last known email address of either party. Notices shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was despatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee.
21.3. Any termination of this Agreement shall be without prejudice to any other rights or remedies which a party may be entitled to hereunder or at law and shall not affect any previous rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into continue in force upon or after such termination.
21.4. If any provision of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.
21.5. Your use of this Site and the Contract will be governed by English Law and will be deemed to have occurred and been made in England. If you have any disputes with us or any other aspect of the Site then these will be exclusively resolved in the English Courts.
21.6. The Client shall not share, re-sell or attempt to share or re-sell the Services, transfer or attempt to transfer this Contract or permit any third party to use and/or access any of the for any purpose without prior consent of Sarah Eagle Designs.
Distance Support AgreementThis contract provides the terms and conditions for the provision of Support Services between the Supplier (Sarah Eagle Designs) and the Client where The Supplier and Client are not in the same place and is in addition to the main Terms & Conditions
1. The Services
1.0. The Supplier will provide various services relating to The Client’s website(s). These include but are not limited to, changing or adding text, images and layout on and supporting The Client by helping them understand how to use their website CMS. These services must be requested by The Client via telephone or email.
1.1. Support will be provided during mainland British office hours. These are also referred to as ‘standard hours’ and are 9am — 5pm on weekdays (excluding English Bank Holidays) GMT/BST. Support will be provided on a remote access basis. Visits to the supplier’s premises (or to other sites) are charged separately.
1.2. Occasionally it may be best if The Supplier calls you back during standard hours to UK landlines or UK mobiles currently in the UK.
1.3. It is The Client's responsibility to inform The Supplier if they are not currently in or will shortly be leaving the UK when they request support. All telephone charges accrued by The Supplier because The Client is abroad will be chargeable at BT's Standard International Call Charges in addition to the support hours.
1.4. The Supplier is not obliged to help The Client with any software or settings within this software that is not supplied by The Supplier.
2. Obligations of the Parties
2.0. The Supplier will try to respond by email to support requests within 24hrs during week days and will provide all necessary help and support to the best of their ability and in a timely manner.
2.1. The Supplier and The Client must maintain good communication with each other at all times.
2.2. The Client must have basic computer skills and be willing to develop their knowledge.
2.3. The Client must try to be clear in their requests as to what they need. Incorrect or incomplete information may result in the support being delayed, unhelpful or taking longer than necessary.
2.4. The Client is responsible for the maintenance of their own hardware and software installed on the hardware. Sometimes it may be necessary to update these before support can continue. This is entirely The Client’s responsibility.
2.5. Occasionally, The Supplier may need to get you to install 3rd-party software like Teamviewer to be able to see and control your device.
2.6. The Supplier will only ask for your ID & Password shown on the Teamviewer control panel.
2.7. The Client must not setup ‘Unattended Access’ on Teamviewer and provide The Supplier with this password.
2.8. The Supplier will only be able to connect to your device when you have the software running and provide the password. A box is displayed on The Client’s device to show the connection and this can be terminated at any time by The Client.
2.9. It is The Client’s responsibility to watch what The Supplier is doing at all times and terminate the connection when the support is over.
2.10. Where applicable, the Client must make back-ups of data before making any amendments.
2.11. If the website is hosted with The Supplier then there are 30 days of backups available should the website need to be reverted.
3. Purchasing and Expiration
3.1. Support can be bought in blocks of 4 hours and expires in 365 days.
3.2. All time spent on support will be logged by The Supplier and timesheets provided.
3.3. The hours are available from the date that the support is purchased or the website is handed over to The Client for editing, whichever is first.
3.4. If there are any unused hours The Client can request amendments to their website to be completed by The Supplier up to 20 working days before the expiration of the support hours. The Supplier will need to confirm that these amendments are suitable before the work can be agreed.
5. Professionalism and Conduct
5.1 The Supplier must behave in a professional, competent manner at all times and must not commit any act which could damage The Client’s reputation or well-being.
5.2. The Client must not commit any act which could damage The Supplier’s reputation or well-being.
6. Confidentiality and Restrictions
6.1. The Supplier may have access to sensitive information about the Client’s clients; examples would include verbal or written information on (but not limited to) customer and client information, sales information and business processes. The Supplier agrees not to disclose or use any of this information, unless requested to by the Client or required to do so by law.
6.2. It is the clients responsibility to close down all un-necessary or sensitive windows prior to the supplier gaining access to the machine.
7. Limit of liability
7.1. The liability of the Supplier to the Client under this Agreement shall be limited to any direct loss suffered by the Client as result of the negligent performance of the Services and only where the Client notifies the Supplier of the negligent act or omission in question within seven days of the date when the Client became, or should reasonably have been, aware of that act or omission.
7.2. The Supplier shall not be liable for any loss caused by any act or omission of The Client to the Supplier.
7.3. The Supplier’s liability to compensate The Client for any failure on their part shall be limited to the full fees paid to The Client by The Supplier during the previous 12 months in connection with the relevant service provided, minus any expenses incurred or hours completed.
7.4. The Supplier will not be liable for failing to complete any work between The Supplier and The Client due to circumstances beyond The Subcontractor’s control including illness, loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
8. Entire agreement
8.1. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
9. Termination and Refunds
9.1. This contract can be terminated by either party at any time, provided that all agreed work has been completed, or both parties have come to an agreement on what part of the Contract to complete.
9.2. Only if the contract is terminated by The Supplier can any refunds be made. All work will be rounded up to the nearest 15 minute block and any unused hours refunded.
10.1. All notices and other communications provided for in this Agreement and any associated document shall be in writing and shall be delivered by email to the address shown in the Contract Information at the end of this Agreement.
11. Governing Law and Jurisdiction
11.1. This agreement shall be governed by and construed under English Law. In the event of any dispute between Supplier and Subcontractor, who shall first attempt to settle such a dispute in good faith, including by mediation. In the event that such a dispute cannot be resolved, it shall be decided by the Courts of England and Wales.