Terms and Conditions

Posted 11th November, 2018

1. Introduction 

1.1 What these terms cover: These are the terms and conditions on which we (“SiteAim”) supply services to you. All terms are effective from the date of your electronic submission of order.

1.2 Why you should read them: Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.

1.3 Amendment of Terms: SiteAim may at any time, at its sole and absolute discretion, change or modify this Agreement and any policies or agreements that are incorporated herein. Any changes or modifications will take immediate effect. Your continued use of the website or our services will constitute your acceptance of the amended Agreement. We will notify you by email 30 days in advance of any changes to our services. The obligation is upon you to ensure that the email you have provided to us is up to date. We accept no liability or responsibility for your failure to receive any email communications from us if such failure results from an inaccurate email address.

2. Information About Us and and How to Contact Us

2.1 Who we are: We are SiteAim, a company registered in [Your Company Registration Location].


2.2 How to contact us: You can contact us via the contact methods mentioned at https://siteaim.com/contact or by logging into your client area at https://my.siteaim.com/ and raising a support ticket. If you are requesting a website task or fix, you must do this through the my.siteaim.com interface.


2.3 How we may contact you: If we have to contact you, we will do so through your my.siteaim.com account, by telephone, or by writing to you at the email address you have provided to us. Please note we will never ask for your password. If you are unsure of the identity of a caller, please contact us directly.

3. Our Contract With You

3.1 How we will accept your order: Placing an order on our website does not guarantee acceptance of your order. Our acceptance of your order will take place after your order is placed at the point you receive confirmation that your order has been fulfilled. At this point, a contract will come into existence between you and us. Payment must be received before any services will be provided.


3.2 If we cannot accept or fulfil your order: If we are unable to accept or fulfil your order, we will inform you of this and refund any money you have paid to us.


3.3 Account Details: In order to access our services, you will be asked to create an account. Authentication for our system is handled by Google Firebase Auth. We do not have access to your password. You warrant to SiteAim that all information submitted in order to set up and utilize your account is true, accurate, and complete. You are solely responsible for activities on your account, whether authorized by you or not. You must keep your login details secure. You must notify us immediately of any unauthorized use of your account or security breach.


3.4 Additional Users: Your account is for your use only. Any additional user should create their own account and be added as a delegate to each website.

4. Our Products

5. Hosting 

5.1 Purpose of Services: Unless explicitly stated to the contrary, our services are intended to be used for the purposes of hosting websites and email. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems, and any system for purposes other than hosting a website are not permitted on our servers. You may only use such tools with our agreement in writing on a dedicated server. We reserve the right to take proactive action to maintain the stability of our systems for all clients.

5.2 Suitability of Hosting Environment: On our included managed hosting, we do not actively limit your account on either disk space or bandwidth. However, to ensure system stability, accounts are limited by resource usage to ensure no one client can affect the service of others on shared servers. On dedicated servers, your resources are defined by the package you purchase.

5.3 “Unlimited” Allowances: Any 'unlimited' allowances are subject to fair use, and any customer using an amount of monthly bandwidth or disk space deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be advised to improve website efficiency and/or configure a CDN, or upgrade to a bespoke solution and will be billed accordingly.

5.4 Service Needs: If we feel that the service selected or purchased by you does not meet your service needs, we will inform you of this and advise you of the appropriate service for your needs. We are under no obligation to continue to provide hosting services that are inadequate or unsuitable to your needs. Refusal to cooperate with an account move request may result in account suspension and/or termination.

5.5 Migration Service: We offer a free migration service to help move your website from your previous provider to ourselves. This is a best-effort service. We will take reasonable care to move your site files and data, but it is your responsibility to give us suitable access to retrieve the data and to check that the site has been migrated successfully. In some cases, we may be able to migrate emails, DNS records, and domain names also, but we do not warrant that we can move them successfully, or without interruption.

5.6 Changes to the hosting environment: We reserve the right to change the hosting environment your website runs in: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements, for example, to address a security threat. These changes will be made on a “like for like” basis and will not affect your use of the hosting environment. The only circumstances where material changes will be made to your website hosting environment will be to provide you with an ‘upgrade’. You will be informed in writing of any changes that we make to the hosting environment.

5.7 Upstream Providers: You must agree to the terms of our upstream providers with an emphasis on their terms of export law. We have attempted to incorporate all of their relevant terms into this agreement.

5.8 CDN and Bandwidth Usage: In some locations where bandwidth prices are high due to relative lack of connectivity (e.g., the Middle East), or fluctuate, we may require you to use a CDN service we provide. A CDN service distributes worldwide traffic worldwide, rather than from your single server, thus speeding up page loads and reducing bandwidth from the source. We will reasonably assist with the setup.

5.9 No Guarantee: We make no guarantee to defend your website from a denial of service attack unless that service has been specifically offered and agreed upon. If you think you may be a DDOS target, you should purchase a DDOS mitigation service from a third party such as Cloudflare.

5.10 Service uptime: We endeavor to provide a 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance through our status page and, should the maintenance last for longer than 30 minutes, via e-mail. In the event of a problem with your server, we shall ensure that a qualified engineer will be dealing with the problem within 30 minutes of being notified. In the rare event that your problem cannot be resolved within 30 minutes, you will be notified. When notifying you, we will provide you with the details of the problem along with an estimation of when the issue will be resolved.

5.11 Backups: We take twice-daily backups of your websites and store them offsite, usually in the same geographic region (but not necessarily the same country) as your live server for the best performance. If you have data residency requirements, please contact us to arrange a bespoke solution. We may exclude files we consider non-fundamental to the operation of your website, e.g., error logs, cPanel backups, cache files. Backups are a best-effort service, and we do not warrant that they are complete or regular. It is your responsibility to keep backups of your own website.

5.12 Disruption to Services: We are not responsible for disruption to the services outside our control. We endeavor to choose providers that offer an extremely high level of performance and uptime, but if our supply of the services is disrupted by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the disruption. We will not be liable for disruption caused by the event. We will not be responsible for network or hardware issues upstream of us. For example, if AWS has an issue, we will not be responsible for their problems or include this within our 99.9% uptime calculation.

6. Providing the Services 

6.1 Service costs: The costs of the services will be as displayed to you on our website. We reserve the right to amend our costs at any time.

6.2 Notice of changes to Service costs: We will give one calendar month’s notice to you of changes to the cost of our monthly rolling subscription plans if you are a current subscriber. If you have signed up for a one-year contract, you will be notified of any changes to the cost of the service one calendar month prior to the expiration of the contract.

6.3 Length of Subscription: Subscriptions are provided to you on the basis of either a monthly, quarterly, or yearly rolling contract. Subscriptions will be renewed automatically and charged to the payment source entered on your SiteAim account.

6.4 When we will provide the services: We will supply the services to you until the subscription expires or you end the contract as described in clause 10, or we end the contract by written notice to you.

6.5 What will happen if you do not give required information to us: We need certain information from you to supply the services to you as stated in the sign-up section for the services on our website. We may contact you to ask for further information or to check the information you have provided to us. If you do not give us this information within a reasonable period of time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any delay in supplying the services or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.6 Full Access: You must provide us with full access to a website in order to work on a task. We cannot make changes via git, or by using SSH keys.

6.7 Reasons we may suspend or disable the supply of our monthly subscription services to you: We may have to suspend the supply of a service to:
  • (a) deal with technical problems or make minor technical changes;
  • (b) update the product to reflect changes in relevant laws and regulatory requirements;
  • (c) make changes to the product as requested by you or notified by us to you;
  • (d) when required by law;
  • (e) where we believe that you are in breach of any material term of this Agreement;
  • (f) to resolve any third-party claims or actions;
  • (g) to avoid financial loss or legal liability.
6.8 Your rights if we suspend the supply of our monthly subscription services: We will contact you in advance to tell you we will be suspending the supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 24 hours in any 7-day period, we will adjust the price so that you do not pay for products while they are suspended, save where the suspension is a result of your breach of this Agreement or in accordance with clause 6.7 (b) to (g) above. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days.
 
6.9 Failure to complete Maintenance fix, Custom task, or Hosting task as part of a monthly Service Package: You will not be entitled to any refund if our team cannot complete any Maintenance fix, Custom task, or Hosting task as part of your monthly Service Package. If we cannot complete the single monthly fix or task available under our Care package, we may, at our absolute discretion, offer to undertake an additional fix or task during that calendar month.

6.10 We may also suspend the supply of the service if you do not pay: If you do not pay us for our services when you are supposed to (see Clause 10.6), we may suspend the supply of the services until you have paid us the outstanding amounts. We will contact you to inform you that we are suspending the supply of the services. In addition to suspending the services, we can also charge you interest on your overdue payments. Once payment has been made in accordance with these terms, we will use reasonable endeavors to ensure that the service is restored to you within 24 hours.

6.11 Service suspension: If your service has been suspended or goes overdue, we may no longer retain a copy of your data or website. Your website IP address may also change. This is due to the nature of us using global cloud providers: we will not be responsible for the cost of keeping your service running if you fail to pay your invoices.

7. Your Obligations Under the Contract 

7.1 You are responsible for the content on your website: Customers are responsible for all scripts, data, and other objects on their website.

7.2 You are responsible for backing up your website: While we will endeavor to complete a backup of your website before undertaking any maintenance fix, hosting, or custom task, you must ensure you have completed a full backup of your website before placing any one-off order with us or placing a Site Task Request as part of one of our maintenance plans. We do not guarantee that any backup we routinely undertake of your website will be successful. You should always keep your own local backup. When your contract with us concludes, we will not retain any backup of your site.

7.3 You are responsible for the content on your account: Abusive scripts are scripts that interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated and subject to action as detailed under Illegal Content below. We will, where necessary, fully cooperate with the authorities.

7.4 You must not use the service for the transmission of illegal material: You agree to refrain from uploading to your hosting service, sending, or receiving any materials that may be deemed offensive, abusive, indecent, defamatory, obscene, menacing, or otherwise prohibited by current and future statutes in force in England and Wales, in the server location where you have chosen to host your site, or in the jurisdiction of the network provider who provides the underlying network infrastructure (see Appendix A). It is the user's sole responsibility to ensure this. Storage, distribution, or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities. In particular, you:
  • 7.4.1 must not gain or attempt to gain unauthorized access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act;
  • 7.4.2 must not send data to the internet using forged addresses or data deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans, and ping storms);
  • 7.4.3 must ensure that local PCs and network-connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as 'spam,' 'UBE,' 'UCE');
  • 7.4.4 are prohibited from running 'port scanning' or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission;
  • 7.4.5 must take all reasonable steps to ensure that your password and login credentials remain confidential;
7.5 You agree to refrain from sending or receiving any material that may be in breach of copyright (including Intellectual Property Rights), confidence, privacy, or other rights. If you are in any doubt as to the legality of what you are doing or propose to do, you should take independent legal advice.

7.6 Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.

7.7 Sites must not contain 'hateful' material or content which seeks to incite hate.

7.8 Sites must not contain images, videos, depictions, or descriptions of pornography that is unlawful or deemed distasteful at our sole discretion.

7.9 Sites must not contain 'warez,' copyrighted music/videos, or links to such content. It is your sole responsibility to ensure that you have the rights to distribute any content displayed on your website.

7.10 Sites must conform to recognized international copyright law.

7.11 Registration of domain names: You are responsible for ensuring that the registration of a domain name and the manner in which it is to be used, either directly or indirectly; will not infringe any third-party rights, including third-party intellectual property rights; is not being made in bad faith or could otherwise be considered an abusive registration under the dispute resolution procedures or policies of any relevant registry or ICANN; and will at no time be used for an unlawful purpose whatsoever. You accept and consent to us making your registration details in relation to your Domain available to third parties including ICANN and the applicable registry for the Domain as applicable, including to law enforcement and governmental bodies as required by law.

7.12 You agree that on transferring ownership of a registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) you will confirm and prove that the Transferee agrees in writing to be bound by the terms of this Agreement at our request.

7.13 We will not transfer ownership of a Domain until all fees attributable to the services associated with the account, which are due, have been paid by you to us.

7.14 In the event that we receive a complaint regarding trademark/brand infringement, we have the right to place a Domain on hold. We shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to us by you.

7.15 In the event of receiving documentation that matches the WHOIS details, we reserve the right to lock the domain and place a registrar hold on it. We shall not move the Domain from this status until we are satisfied that the dispute has been resolved between the parties concerned, with documentation provided to us proving the same. We undertake to take any action required under the provisions of the Regulation of Investigatory Powers Act and will fully cooperate with the appropriate UK authorities.

8. Acceptable Email Usage 

8.1 We provide the ability to send e-mail using SMTP. This is designed for day-to-day communication needs. All outbound mail is scanned by a cloud-based spam filtering system.

8.2 We have a zero-tolerance policy against spam, and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behavior is unacceptable and may have their accounts suspended, terminated, or blocked.

8.3 By purchasing the services you agree to the following:
  • (a) not to send emails that might cause annoyance, inconvenience, or anxiety to a recipient;
  • (b) not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing, or in any way unlawful;
  • (c) to have a clear opt-out policy in all newsletter communications;
  • (d) not to use our mail services or network to send email to any user who does not wish to receive it;
  • (e) not to use our mail services or network to send unsolicited email, in bulk (commonly known as 'spam') or individually;
  • (f) not to use our mail services or network with the intent to deprive others of service ('mail bomb');
  • (g) not to use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender;
  • (h) not to use any email address that you are not authorized to use;
  • (i) to ensure that any email servers connected to our network and operated by you are not configured to allow 'open relay';
  • (j) to take full responsibility for your own email reputation;
  • (k) not to take any action that would put you or us in breach of obligations under the General Data Protection Regulations or Data Protection Act 2018.

9. Acceptable Web Usage 

10. Your Rights to End the Contract 

11. How to End the Contract with Us (Including If You Have Changed Your Mind) 

12. Our Rights to End the Contract 

13. Price and Payment 

14. Chargebacks 

15. Our Responsibility for Loss or Damage Suffered by You 

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