Terms and Conditions

Terms and Conditions

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Our Core Services:

Web Design and Web Development services using the Joomla content management system.
Web Hosting services on our private Dedicated Server in 4D-DC datacentre, London.


What we provide with our Managed Services Plans:

Cloud Linux optimised servers.
Sites protected within CageFS individual containers. 
Industry-leading commercial server security system.
LiteSpeed Technology.
KernelCare seamless operating system security updates with no server reboot required.
High CPU and RAM allocations to each site.
Rapid response to clients along with personal support 365 days a year.

Site security updates applied on day of release.
Uptime monitor checking connectivity to your site every 5 minutes 24/7/365.
Site Security Firewall monitoring your site 24/7/365.
Monitoring of site and server security notifications related to your website.
Daily site backups to a remote server on the network using R1 Soft technology.
Twice a day database backups.
Site errors rectified subject to site software being current.
PHP version upgrades subject to site software being current.
Immediate site and mailbox restoration.
Mail delivery monitoring.
GDPR compliancy implementation.
SSL/Dedicated IP address site implementation.


What we don't provide with our Managed Services Plans:

Web Design services using any application other than the Joomla content management system.
Web Design services on any third party server.
Website or Hosting Support to any site that is located on a third party server.
Website or Hosting Support to anybody who is not a current client of WebSpain.
Website or Hosting Support for websites using end of line software and/or running on withdrawn PHP versions.
Promotional and Marketing Services.
E-Mail Marketing Campaigns.
Google Adwords.
Bulk data input services.
Social Media Promotions.
Graphic Design.
PPC (Pay per Click).
Bespoke Programming and Coding.
SEO campaigns.

There are third party providers who can provide these additional services, but any work that you contract them to do must be undertaken by them. We cannot assist in any way other than providing login details to the site. 

WebSpain do not use sub-contractors for our services. No work is ever delegated to third parties and then presented to the client as our own.

Similarly, we do not provide our services through third party agencies. We only deal direct with clients on a business to business basis for all apects of our services.

All correspondence and interaction with clients is undertaken in English.

Please note that our services are only available to WebSpain clients who have a CURRENT managed services plan on our server. We are unable to provide support to anybody who is not a current client. 


TERMS AND CONDITIONS

Subject to the terms and conditions of this Agreement, WebSpain will provide Web Design and Web Hosting services for Client subject to the following terms:

1. Length of Service: Client agrees to an initial twelve month contractual term of service..

2. Service Start Date: The first payment shall be due in advance of any service provided. Service shall begin upon WebSpain receipt of payment for such first term of service or upon a mutually agreed upon alternate date.

3. Renewal by Client: This Agreement will renew for a successive twelve month term, but renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Should the period expire without Client renewal having taken place, then we will be unable to re-open the account. In that instance the Client will need to find alternative web hosting services.

TERMS OF PAYMENT
Terms of payment are full payment on receipt of service. We reserve the right to refuse or suspend service to clients if payment is in arrears.

PROPRIETARY INFORMATION
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any WebSpain program, code or technology delivered to Client or any portion thereof.

CENSORSHIP
WebSpain will exercise no control whatsoever over the content of the information passing through the network, email or web site.

WARRANTIES
WebSpain makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. WebSpain also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client.
Use of any information obtained by way of WebSpain is at Client's own risk, and WebSpain specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. WebSpain does not represent guarantees of speed or availability of end-to-end connections.
WebSpain expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. WebSpain specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

TRADEMARKS AND COPYRIGHTED MATERIAL
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

TERMINATION
WebSpain may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from WebSpain of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of WebSpain and Client, 4) Account in arrears, 5) Unprofessional or unacceptable actions by Client.

DISPUTES
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.

INDEMNIFICATION
Client shall indemnify and hold WebSpain harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including legal fees) of whatsoever kind and nature that may be asserted, granted or imposed against WebSpain directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorised representation of the product and services or any breach of this Agreement by Client.

GENERAL
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the European Union. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.

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