Terms and Conditions

Terms and Conditions

Our Core Services:

Web Design and Web Development services using the Joomla content management system.
Managed Service Plans for businesses, which include Web Hosting on our private Dedicated Servers in 4D-DC Datacentre, London, and Nexcess Datacentre, Michigan.


What we provide with our Managed Services Plans:

Site security updates applied on day of release.
Site errors rectified subject to site software being current.
Enterprise strength site security firewall.
Malware removal on sites using Cloud based Auto Clean for infected files.
Uptime monitor checking connectivity to your site every 5 minutes 24/7/365.
Proactive monitoring of site and server security notifications related to your account.
E-Mail delivery monitoring.
Ongoing DNSBL IP Reputation Checks.
Ongoing Domain Reputation checks powered by Google Safebrowsing.
Daily account backups to a remote server on the network using the Acronis Backup system .
Twice a day database backups.
PHP version upgrades subject to site software being current.
Immediate site and mailbox restoration.
GDPR compliancy implementation.
SSL / Dedicated IP address implementation.
Cloud Linux optimised servers.
Industry-leading commercial server security system.
Sites protected within CageFS individual containers.
KernelCare seamless operating system security updates with no server reboot required.
CSF Firewall.
cPHulk Brute Force Detection.
Shell Fork Bomb Protection.
RootKit Hunter.
Secure Links.

Optimised ModSecurity rules.
SpamAssassin.
Spamd.
ClamAV.
Clamd.
LiteSpeed Technology.
High CPU, RAM, and disk inode allocations to each site.
SSD Hard Disks.
Rapid response to clients with personal support 365 days a year.

Please do not confuse our services as listed above with basic web hosting accounts that are sold by web hosting providers.
We do not sell basic web hosting services, we deliver Fully Managed Service Plans for our web design clients. No web host will manage, update, and rectify faults on your website, all they support is the server and the network.

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 of 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.
Support for any service delivered by a third party provider as it is
their responsibility to provide support for their products..
Support for any third party software, including any e-mail clients other than the server webmail application.
Bulk E-Mail sending facilities.
Promotional and Marketing Services.
E-Mail Marketing Campaigns.
Google Adwords.
Site 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. Services 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 an alternative provider.
If the client requests a refund during that period we will refund all unused full months that are remaining. Please note that the refunded amount will be less any disbursements that were incurred at a client's request for additional third party services such as Domain Name renewal, SSL Certificates, CDN services etc......as no refunds are provided by these third parties. All refunds will be processed at the point of account closure and refunded to the account that initially made the payment via the same payment mechanism. Existing client data will then be deleted to ensure compliance with GDPR directives.

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 not permit any adult or illegal content to be passed through, or stored on, the network, email service or web space.

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.
Should a client fail to pay an invoice for services that have been completed then their account will be terminated. Their existing data will be provided to them immediately as a zip download. Any remaining balance on their existing hosting plan will be retained by WebSpain as part payment towards the outstanding invoice. However, should the client's account balance exceed the amount that is in arrears, then the excess funds will be refunded to the 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.