Subcription Terms of Business
Summary:
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
(“You”) are hiring us Damteq Solutions Ltd (“We or Us”) to:
- Provide Monthly Website Support with our ‘Support Plus’ Package
For the total price of £89 + VAT per month.
Of course it’s a little more complicated, but we’ll get to that…
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete your website support package. You’ll do this when we ask and provide it in the formats we ask for. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to support your website to the best of our ability and on top of that we’ll maintain the confidentiality of everything you give us.
Getting down to the nitty gritty
What is included:
Telephone Support
You are able to call our team during the hours of 9am to 5.30pm from Monday to Friday and we will provide you information and answers to any questions that you have in relation to your website. We endeavour to do this to the best of our ability, however we do not accept liability should incorrect information be given over the telephone.
Telephone support is provided by our in-house team and is included with all support contracts. We do not guarantee that we will be able to answer every question, and we may need time to understand your issue to diagnose problems effectively.
If you require an answer to be confirmed in writing, you must speak to a member of the team as quickly as possible.
Guidance and Advice
Ongoing guidance, business advice and website support is given on an ad-hoc basis, as and when required to improve your website and campaign. We do not guarantee a fixed amount of guidance to be given every month. Advice given comes with no guarantees and we do not accept liability for incorrect or misinformed information.
WordPress, Themes and Plugin Updates
WordPress:
WordPress is an open source content management system. We do not own the platform and thus do not accept errors or omissions to updates performed to the platform whilst in our care. We will do our best to fully test your website before updating WordPress.
The CMS has regular updates, however we do not have a timeline of the regularity of updates.
Themes:
Your website theme and framework is the core system your website resides. You may need to pay an annual license in addition to this contract, which you agree to do as soon as possible when requested by a member of the Damteq team. We do not accept liability for any delays in updating your website theme. By updating your website theme, changes may be made to the visible look-and-feel of your website. We are not able to make design changes as a result of a website theme update as part of this agreement and will charge our standard hourly rate should changes be required. Any required additional work will be quoted and asked to be approved before moving forward.
Plugin updates:
Plugins on your website control certain elements, for example, contact forms and live chat. Plugins are created by third party developers and thus we cannot be held liability for errors that occur as a result of updating your plugins on your behalf. Before completing any plugin updates we will ensure that we check compatibility and any known problems, bugs or conflicts from the plugin authors support page.
We do not guarantee the frequency of plugin updates. We will update plugins when they become available.
Some plugins, such as pro versions may require an annual license for updates and support. Pro plugin licenses are purchased directly from the plugin developer and are charged in addition to this contract. You agree to purchase any required pro licenses as soon as possible when requested by a member of the Damteq team.
Daily Security and Malware Scanning
Our system will run a daily security and malware scan on your main domain name and website. We will try to the best of our ability to provide fixes where possible, however, depending on the complexity of the fix required, we may need to charge an additional fee to rectify your website.
Although we will install and use extremely powerful malware software on your website, we cannot guarantee that your website will be virus and error free. Because of this, we do not accept liability if your website is taken down, or breaks as a result of a malware infection. We will endeavour to assist in diagnosing errors as part of our support package.
Website and Server Cache Management
We will regularly clear your website and server caches to ensure they are as lightweight as new as possible. We may require additional access to external systems depending on the way your website is setup. You agree to allow access should this be required.
Monthly Site Speed Scans
We will perform monthly site speed tests using tools available online, as well as our in-house tools. We will be able to provide a summary of the results at your request. We will test the main pages of your website, based on our understanding and discretion.
We do not guarantee the results and as part of this contract will be able to make basic site speed changes and improvements.
At our discretion, we may deem site speed changes outside of this contract and thus charge an additional fee to provide site speed fixes. Monthly site speed scans as part of this contract are intended to be a monitoring tool to ensure that your website is in the best place to perform correctly.
Server-side Performance Checks
Server-side performance checks includes server related monitoring such as uptime management, PHP version control and database testing. We will ensure that this is checked once a month for optimum performance management.
Although uptime is monitored using industry recognised tools, we are unable to guarantee uptime on our servers.
Check and Remove Comment Spam
As part of Support Plus we will login and perform monthly checks to keep your website housekeeping up together. This includes checking and removing comment spam. As with any open source software, WordPress is prone to comment spam and bogus contact form submissions.
Whilst we do not guarantee that these will be eliminated, we will regularly check, monitor and delete spam, as and when they come up.
Checking Contact Form Submissions
We will regularly check your contact forms to ensure they are running correctly. We do not guarantee uptime of contact forms and cannot accept liability if submissions do not arrive in your inbox. We will monitor contact form submissions.
Hosting, Domain Name and SSL Certificate Renewals
We include the renewal fees for certain Website Hosting, SSL Certificates and Domain Names. Supported as part of this package are:
- 1x .co.uk or .com domain name (other domain names may have an additional fee)
- 1x hosting package on our secure shared servers. VPS and Dedicated servers are not included.
- 1x basic level SSL certificate
High level website hosting and SSL certificates are not included and will be charged extra in addition to your support package. We can only support renewals when they are hosted with us. Your support package is also only valid when your domain name and hosting resides with us.
At time of renewal we cannot be held liable for downtime, however we will endeavour to notify you with as much notice as reasonably possible should we require information from you in relation to your renewal.
The hosting, domain name and SSL certificate auto-renewal as part of the Support Plus package is valid when you take our the package for a 12 month period. Should you wish to downgrade or cancel your support package with us, we reserve the right to charge an additional fee for the difference of cost.
Communication and Reporting
We will provide you with a dedicated support manager who will be your primary contact person within Damteq to help you get the best out of Support Plus. We will provide you telephone support as well as a monthly summary email outlining the checks performed. Any additional reporting outside of this scope, will be charged extra, at our standard hourly rate.
What isn’t included
Elements outside of this agreement are not included in your monthly website support package. These items include, but are not limited too:
- Any additional services such as SEO, website design or marketing services
- Implementation of website changes, content changes or image changes
- Hosting migrations to third party suppliers
- Fixes for broken website elements, plugins or themes
Changes and revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the time it will take us each month to perform the elements outlined in this agreement. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks unless agreed separately.
It is not our intention to make things difficult, and we will always endeavour to work with you, not against you.
Legal stuff
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
GDPR and Marketing Opt-ins
As a company Damteq is committed to handling your data correctly. All of our correspondence and business is conducted under the latest GDPR regulations and legislation. A copy of our Data Protection Policy can be found on our website.
As our relationship grows we would love to stay in touch with you, please let us know that you are happy to do so, by opting in on our website. Some communication and data is stored within our CRM and systems as there is a genuine business need to fulfil this project.
If you are not happy for us to store your data, please let us know as soon as possible.
Payment schedule
We will register your card information securely with our payment merchant, Stripe. Inputting this information will allow us to charge your card on or around the 1st day of each month to the value of:
£89 + VAT = £106.80 inclusive of VAT at 20%
You are entering into a monthly subscription and automated pay schedule.
An invoice will be sent once payment is taken successfully.
You agree for us to charge your card this automatically each month. Should the payment be late, or declined, we will aim to contact you within 48 hours to make an alternative transfer of funds. If payment is delayed for more than 7 days, we reserve the right to hold your account until the subscription is updated.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the rate of 5% per month or part of a month.
Cancellation
It is not our intention to make things difficult or tie you into a long contract. You are free to downgrade or cancel your support contract with us at any time provided you give us 30 days notice. You must cancel your contract via written communication and we are not able to accept a cancellation over the telephone.
If you cancel your contract we will charge one final month to allow time to handover the package to you. To downgrade or cancel your support package please email support@damteq.co.uk
Downgrading Support Plus will take you down to our telephone support only package.
But where’s all the horrible small print?
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Our full terms of business can be found in the footer of our website. By signing up to this monthly service you agree that you have read this, understand it and agree to it.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.