By purchasing a Abingdon Technologies Website you confirm that you (the client) agree to adhere to these terms of service. These terms of service are legally binding and represent an agreement between you (the client) and "Abingdon Technologies" (the service provider/”Abingdon Technologies”).
General Terms of Service
- Abingdon Technologies designs, builds and hosts websites and provides online and telephone support.
- The Client has the right to, title, and interest in a website containing intellectual property owned by the Client together with, but not limited to textual content, video and/or audio.
- The Client warrants Abingdon Technologies to host its website unless otherwise advised in writing per the relevant notice periods.
- Abingdon Technologies websites are built on an open source CMS platform.
- This agreement shall take full force and effect as and from the date of the Client’s purchase of the website and upon making payment the Client is deemed to have read and understood these terms.
- Abingdon Technologies shall supply to the Client all services necessary to effectively host the Client’s website and make available for a fee to the Client the services of Abingdon Technologies to provide to the Client online support, telephone support for the ongoing administration and maintenance of the Client’s website hosted by Abingdon Technologies in circumstances where the Client requests such support.
- This Agreement may change from time to time. In the event that this Agreement changes, Abingdon Technologies shall advise the Client in writing at least 30 days before the changes shall take effect. If the Client asserts that any changes to this Agreement show unfair bias against the interests of the Client in favour of Abingdon Technologies, the Client agrees to dispute the application of the changes in writing prior to the changes taking effect. In the event of a dispute the Client will either be provided with a written exemption from the specific changes within this Agreement that the Client asserts to be unfair, or if this is not possible the Client may at its option terminate this Agreement by giving 30 days’ notice to Abingdon Technologies whereupon Abingdon Technologies shall charge for services rendered up to the date of termination of this Agreement which is to be paid in full by the Client on or before the date of the termination of this Agreement. In the event Abingdon Technologies are required to advise the Client of such a change of the Terms of Service or Costings Agreement, the Client may at its option terminate this Agreement by giving 30 days’ notice to Abingdon Technologies whereupon Abingdon Technologies shall charge for services rendered up to the date of termination of this Agreement which is to be paid in full by the Client on or before the date of the termination of this Agreement.
- Abingdon Technologies have a Fair Use policy, and the Client upon executing this Agreement is deemed to have read and understood the Fair Use policy of Abingdon Technologies and agreed to be bound by it.
- The Fair Use policy of Abingdon Technologies may change from time to time. In the event this policy changes Abingdon Technologies shall advise the Client in writing within 7 days of the change. In the event Abingdon Technologies are required to advise the Client of such a change of the Fair Use policy, the Client may at its option terminate this Agreement by giving 30 days’ notice to Abingdon Technologies whereupon Abingdon Technologies shall charge for services rendered up to the date of termination of this Agreement which is to be paid in full by the Client on or before the date of the termination of this Agreement.
- Notwithstanding anything contained in the Fair Use policy of Abingdon Technologies as set out in Clause 6 of this Agreement, the Client warrants to Abingdon Technologies that it is the lawful owner of, or has permission from the lawful owner to publish all intellectual property published on its website that it has requested Abingdon Technologies to host. In the event that the Client, in allowing Abingdon Technologies to host its website breaches any law of, but not limited to any State or Territory of the Commonwealth of Australia and/or the Commonwealth of Australia, Abingdon Technologies may terminate this Agreement without prejudice to the rights of Abingdon Technologies to seek one or all of compensation damages indemnities relating to liability incurred as a result of the Client’s aforementioned breaches.
- Abingdon Technologies may terminate the Agreement without notice to the Client in the event Abingdon Technologies becomes aware of any of the following.
- Content on the Client’s website (including content generated by users of the Client’s website) that does not comply with the Fair Use policy of Abingdon Technologies as set out above.
- Notwithstanding the terms of Fair Use policy of Abingdon Technologies any matters that is either offensive and/or obscene, seditious, blasphemous, defamatory or inappropriate in the opinion of Abingdon Technologies.
- Repudiatory conduct as defined under Clauses 6.
- Any outstanding invoices not paid to Abingdon Technologies within the specified payment terms under Clause 6.
- The Client warrants to Abingdon Technologies that it shall not by its conduct frustrate Abingdon Technologies from hosting its website or withhold the necessary support to Abingdon Technologies for the effective hosting of the website. Abingdon Technologies shall not be liable for any interruption to the provision of the Client or the hosting services where an interruption is beyond the control of Abingdon Technologies including but not limited to force majeur.
- Abingdon Technologies warrant to the Client that 99.99% of the time in any given month the Client’s website will work when accessed from a browser with unrestricted access to the internet. In this Service Level Agreement the expression “availability” shall have the meaning of availability to users of the internet unaffected by local or network limitation. Abingdon Technologies shall not be liable for any losses in circumstances where the Client’s site is offline at any point reflecting a monetary sum beyond the sum required paid for hosting in that given calendar month.
- In the event Abingdon Technologies terminates this Agreement as a result of any breach by the Client and withdraws its hosting services, whereby the Client’s web page is no longer hosted on the internet:
- Abingdon Technologies will not be liable for any loss or damage arising from the withdrawal of the hosting services from the Client.
- Should any breach be resolved and the Client desirous of reactivation of services, Abingdon Technologies will charge a reactivation fee of no less than £49.99 to cover Abingdon Technologies’s reasonable costs incurred as a result of the breach, to be paid in full before reactivation.
- Should a site be deactivated for a period in excess of 6 month for any reason, the purchase of new licence and website would need to be purchased at a cost to be advised at the time, according to new website pricing structures.
- Abingdon Technologies will advise the Client of any foreseeable interruption to the hosting service, and provide up-to-date network status and service availability information at https://abingdontechnologies.co.uk/clientarea/serverstatus.php.
- The Client agrees to advise Abingdon Technologies of any change of contact details. Abingdon Technologies will not be liable for any consequences of tax invoices or other notices or documentation being sent to incorrect addresses as a result of a failure of the Client to provide notice of a change of said details, including deactivation of websites due to non payment of invoices.
- In this Agreement Abingdon Technologies shall provide services to the Client for fees to be agreed during initial consultation.
- Abingdon Technologies charges all fees upfront, in advance. Payment of website hosting and support fees are charged on the on the agreed date, and payable via automatic credit card payment processing. For Clients wishing to pay via direct deposit an invoice for one, three, six or twelve months of ongoing will be issued to the Client no less than seven days before the due date. Any unpaid invoices will result in the suspension of all services as per Clauses 3.3 and 4.4.
- Abingdon Technologies reserves the right to increase ongoing fees related to the hosting and technical support of Client websites. Annual price increases may occur on 1 July in accordance with the most current CPI, with any increases outside of this to be notified to the Client at least 30 days prior.
- Any extra hours completed by Abingdon Technologies beyond the initial deposit received, will be invoiced to the Client upon the project being marked as ‘abandoned’. Should the Client fail to pay this invoice Abingdon Technologies reserve the right to engage Royds Withy King Oxford to recoup monies owing on its behalf.
- Abingdon Technologies reserves the right to classify a project as ‘abandoned’ should no contact be made by the Client for three months or more. All abandoned projects will be archived for a further period of six months only, at which point the project will be purged from our servers and a new website package will be quoted in accordance with the current pricing structure.
- Any abandoned projects for which a deposit has been paid will not be refunded, and any work completed by Abingdon Technologies remains the property of Abingdon Technologies.
- Should the Client change the scope of the project after initial commencement, all fees paid to Abingdon Technologies in advance will not be refunded to the Client, and any additional outstanding amounts will be payable. Should the client wish to proceed with a new scope, a new package will be quoted by Abingdon Technologies in accordance with the current pricing structure.
- All website and web hosting contracts are a minimum of 12 months, if you are a pay monthly customer and decide not to run your website for the full term, all monies owed for the 12 month period must be paid to Abingdon Technologies. Once notice has been given a final invoice will be issues to be paid within 7 days of issue.
Service Provision (hosting)
- Abingdon Technologies shall provide up to a maximum of 50GB data transit, per calendar month. Any additional data transit required shall be supplied and charged at £1 per GB.
- Abingdon Technologies shall provide an ongoing support allocation inclusive in its regular ongoing costs with limits as defined under Clauses 6.1. Any support incidents raised beyond the terms of Clause 20-28 will be charged at a rate of £25 per hour. Abingdon Technologies reserves the right to waive additional charges for support at its discretion. The Client will not be charged for any support incidents determined by Abingdon Technologies to be attributable to a problem with the underlying software or an error on the part of Abingdon Technologies.
- Abingdon Technologies reserves the right to decline the provision of technical support if a Client has unpaid hosting, or other outstanding amounts for which payment has not yet been received.
Service Provision Costing
The Client warrants to Abingdon Technologies and agrees to:-
- Pay Abingdon Technologies in full, in advance, at all times. No work will be commenced until payment has been received.
- Execute all documentation necessary to allow Abingdon Technologies to directly debit from the Client’s credit card monthly charges for all and any products and/or work undertaken by Abingdon Technologies for the Client.
- Availability of funds: Ensure that you have our payment detials, with sufficient funds to make payment to Abingdon Technologies for any monies due and owing.
- Should payment not be made by or on the due date of invoice, Abingdon Technologies reserve the right to suspend any and all services and at its discretion charge a reactivation fee of £49.99 before reinstating these services.
- Should payment of any recurring fees be declined where follow up from our Accounts Team is required for two or more consecutive months, Abingdon Technologies reserve the right to charge the Client twelve months of website hosting in advance, in addition to a £99 administration fee for alterations made to the account.
- Make payment upon receipt of an invoice from Abingdon Technologies for all charges including but not limited to website hosting, technical support, SEO, websites and marketing packages, which shall all be charged in advance.
- Make payments to Abingdon Technologies upon receipt of an invoice from Abingdon Technologies for excess charges for messages or data which shall be charged in arrears.
- Make payments punctually on the agreed date in accordance with the billing periods which shall be based on first invoice issue date.
- In the event this Agreement is terminated by the Client, the Client agrees to pay to Abingdon Technologies an amount to be costed on the basis of all services provided by Abingdon Technologies that remain unbilled as at the date of termination. All our website packages are based on a 12 month minimum contract which you agree to once your website is launched and all work is complete.
- You agree to provide to Abingdon Technologies 30 days written notification for any cancellation request. Notice must be provided by the account holder or a nominated representative (as identified by the Client) and clearly state the service to be cancelled, along with the date the cancellation is required to be actioned. Abingdon Technologies reserve the right to charge 30 days of monthly ongoings if such notice is not provided.
- In the event the Client is a corporation, the directors of the Client agree to be parties to this Agreement and guarantee the performance of the Client and further agree to assume each and every liability and obligation of the Client pursuant to this Agreement in the event of and as and when the directors of the Client are called upon to do so for whatever reason. The obligations of the directors of the Client include but are not limited to the payment of any and all invoices rendered to the Client by Abingdon Technologies.
Fair Use, Repudiatory, Conduct & Disputes
- Dependent upon the ongoing care plan chosen, Abingdon Technologies generally applies fixed limits to the amount of support we give to our Clients per Abingdon Technologies’s proposal. The Client understands that Abingdon Technologies must ensure it is able to provide quality service to all its Clients, and that no Clients should be disadvantaged by the behavior of others. The Client agrees to be bound by Abingdon Technologies’s Fair Use policy outlined in this section.
- The Client agrees not to engage in excessive contact, which includes but is not limited to:
- Repeatedly asking for assistance with matters outside Abingdon Technologies’s control, responsibility, or remit, after Abingdon Technologies has advised the Client that this is the case, including but not limited to: basic computer assistance, business advice or other technical assistance not related to Abingdon Technologies’s services.
- Repeatedly and unreasonably asking for assistance with matters with which Abingdon Technologies has previously provided training. The Client agrees to endeavour to understand the training they are provided.
- Excessive phone calls or emails to the extent that it has a detrimental impact on our ability to service our other Clients.
- Demands for assistance with non-urgent matters outside of Abingdon Technologies’s support hours where urgency is determined at the sole discretion of Abingdon Technologies.
- If Abingdon Technologies determines that the Client is engaging in excessive contact, it will provide written notice to the Client of this determination, and the Client agrees that Abingdon Technologies at its sole discretion may as a result undertake any or all of the following actions.
- Apply a restriction on contact time permitted with the Client.
- Invoice the Client for all or a portion of time spent on the phone, responding to emails and support tickets, and any other undertakings required to service the Client.
- Suspend and/or terminate the Client’s provision of services, not before a third warning has been given.
- Abingdon Technologies agrees that notices of excessive contact must be provided within 30 days of said excessive contact and the determination can only be made on the basis of activity within the 90 days preceding the date the notice is issued.
- The Client agrees that any dispute it wishes to make to a notice of excessive contact must be provided in writing to Abingdon Technologies within 14 days of the issue of the notice.
- The Client agrees not to engage in repudiatory conduct, which includes but is not limited to:
- Abusive behaviour towards staff, agents, partners or directors of Abingdon Technologies, which includes threatening behavior and/or speech.
- Defamation of staff, agents, or directors of Abingdon Technologies, or of Abingdon Technologies or related businesses.
- The Client agrees that in instances of repudiatory conduct, Abingdon Technologies is entitled to immediately terminate this agreement without prejudice to its rights to seek one or all of compensation, damages, or indemnities relating to the conduct.
If you have any questions about tour terms, the practices of this site, or your dealings with this site, please contact us here using the form here: https://abingdontechnologies.co.uk/#contact
This document was last updated on March 15th, 2016