ITsold SEO Services and User Agreement
Published 01.03.04. Updated 01.02.18. Effective Immediately.
ITsold SEO Services Waiting List Policy
Should one or more of my services be fully booked, a waiting list will be in operation.
If a waiting list in operation, I will comply with the following after your initial contract;
- I will notify you of the active waiting list within 24 hours
- I will confirm the anticipated waiting time for your service
- I will not issue any invoice or require payment in advance
- You will no be placed under any obligation during this waiting time
Client Only Hosting Policy
All our hosting services are for the minimum period ordered and renew automatically unless notice of cancellation is made in via the online billing panel cancellation process or in writing at least 24 hours prior to the renewal date (see cancellation section below). Monthly, Quarterly, Semi-Annually, Biennially and Triennially plans are for the minimum period of the billing option (i.e. a twelve month payment term is a minimum of twelve months and a one month payment term is a minimum of one month).
Longer term payment options are discounted to reflect the minimum period so as a result there are no refunds if they are terminated mid-term (after 14 days cooling off period has expired), so if you only require short term hosting please ensure that you select the lowest term available for the service you are ordering. Note that dedicated servers and rack space and COLO which have signed contracts have a minimum term as specified in the agreement but can have shorter payment terms.
Specific Acceptable Use Policies
Any attempt to undermine or cause harm to a server, or customer, of ITsold UK is strictly prohibited.
Unauthorized use of other people’s accounts or computers
ITsold UK will react to any use or attempted use of an Internet account or computer without the owner’s authorisation. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a ITsold SEO Services customer, whether or not the attacked account or computer belongs to ITsold SEO Services, will result in action against the attacker.
Possible actions by ITsold SEO Services for any use or attempted use of an Internet account or computer without the owner’s authorisation include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the conduct.
It is the responsibility of ITsold SEO Services customers to keep the username(s) and password(s) that ITsold SEO Services supply, confidential.
If a password is disclosed to a third party, any actions by the third party will be the responsibility of the account holder. ITsold SEO Services reserves the right to terminate the account with immediate effect, without refund if, as a result of these actions, if there is a breach in the agreed terms and conditions.
Any customer who violates ITsold SEO Services Policies in abusing either space/site transfer by using more space than has been paid for, or using excessive bandwidth will be notified via email and given a maximum of 14 days to remedy the problem or pay an additional fee.
If the problem is not resolved within the allotted 14 day period, the client hosting will be terminated and a refund paid by ITsold SEO Services for the unused period less an admin fee of £49. ITsold SEO Services reserves the right to exercise its sole discretion in determining what constitutes a violation of this provision.
To avoid unnecessary server traffic and maintain a high performance for our mail servers the minimum period for mail collection on a shared ITsold SEO Services mail server is 2 minutes.
This will also allow sufficient time for normal server reboots to be performed with minimum errors. For dedicated servers there is no minimum period although normal bandwidth charges will apply.
Email storage timescales
To ensure a stable email platform for all customers we include a retention policy limit of 30 days on all ‘Trash’ and ‘Junk’ (spam) email folders stored on any of our email servers.
All mail stored in such folders will be deleted after 30 days automatically and this process is scheduled on a weekly basis. We accept no responsibility for any deleted email.
All our email accounts come with spam filtering (global and per user). Although the solution we offer is one of the most sophisticated of its type due to the nature of spam it is impossible to guarantee any level of filtering so this service is included but is on the basis that we make no warrantees regarding its performance.
Bulk Mail shots
No bulk email transmissions are permitted by ITsold SEO Services. For the purpose of definition bulk email is classed as over 500 emails per week.
This applies to all virtual and dedicated customers. Lists purchased from third parties are not permitted.
Client agrees to take all responsibility for all programs/code including CGI scripts executed under their account. Programs or code which consume an excessive amount of CPU run time or Random Access Memory (RAM) or any other server resource on a shared server are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the web server and affect other users/sites on the same server.
Client agrees to accept responsibility for programs or code executed under his/her account, regardless of who authored the program. The use of cgi or html chat scripts or pages is also strictly prohibited. We reserve the right to suspend accounts without notice to clients who violate these terms. ITsold SEO Services has sole discretion over what constitutes excessive usage however we will only need to suspend services without notice if this is affecting the service of other sites/services on the same server/service.
We currently do not allow IRC or IRC bots to be operated on our servers.
Note: We believe in freedom of speech and expression, however, we will not risk a law suit or bad publicity for our company by hosting any “questionable material”. Examples include but are not limited to:
- Any site advocating illegal activities.
- Certain radical or cult style groups.
- Any site specifically slandering another person or organization or another cultural, religious, or ethnic group
- Posting any Warez-related material -(pirated software, software evaluation cracks, etc.) on your web site.
- Any other questionable material, as determined by ITsold SEO Services
Backups of your data
It is the responsibility of the customer to ensure that appropriate up-to-date back-ups of any data that belongs to or has been uploaded by the customer to the service, server or hosting space provided are maintained unless you are a website maintenance subscriber with an active subscription.
Please note that our service level agreement for all support requests are set out below;
Website technical support (Website maintenance and SEO services subscribers)
- All requests to be placed via my dedicated support form
- No on-site support is available to clients outside of Leicestershire
- All requests will be acted upon, inline with your service plan
Managed WordPress website hosting
- My hosting services are no longer available to the general public
- I am committed to provide secure and reliable hosting services to my subscriber clients ONLY
- I do not offer I.T. support for hardware or 3rd party software
- Services covered include server based TLD Horde email set up and testing, holding page deployment (unless a design package is purchased), server security and integrity, website testing (monthly), website monitoring and email support
- Comprehensive support is included. All requests can be made via my website support centre
Payment & Refund Policies
- All quotes issued will be valid for 7 days from the date of issue
- Any required diary space will be held in line with the above
- Once a quote has been accepted any payment due must be made within 7 days of acceptance
SEO Checker Service
- This is an on-demand service and requires advance payment once your request has been accepted
- Your request will be processed and an invoice issued within 48 hours of receipt
- All payments will be due in advance before the SEO Checker report commences
- No refunds are available once the report has been delivered (electronically or via Royal Mail Signed For)
SEO & Website Maintenance Subscription Service
- All applications are processed and subject to space availability. You will be informed if a waiting list is in operation.
- All quotes issued will be valid for 7 days as above
- These services are subject to my improvement guarantee
- Once accepted, your initial payment due will be 1/4 in advance
- All future payments are due either monthly, quarterly or annually as stipulated by you at the start of service
- Annual payments are due within 7 days of invoice delivery and renewals attract a per-client, loyalty discount
- Full refunds can be requested up to 7 days after the contract start date. After this time a day rate of £150.00 may be applied*
- All themes supplied by myself can only be used in conjunction with an active subscription
*If work has begun on the project, this is the minimum day rate charge. The final charge may be £150 x number of days worked. I reserve the right to waive this charge on a per project basis.
No domain will be released to another hosting company until all outstanding amounts are paid. In the event that a transfer is made without our authority we reserve the right to charge an admin fee of up to £275.00.
Where the account holder is a limited company but the registrant is a separate legal entity services are offered solely on the basis that the registrant agrees that they will pay a release fee of equal value to any outstanding balance in order to secure release of a domain name or asset.
By subscribing to any service with us you confirm that you have advised any applicable registrant of our terms and conditions and in particular this specific term relating to release fees.
All payment is in Sterling. Where payment for services or design is overdue we reserve the right to charge interest at the rate of up to 8% per month, and also reserve the right to suspend service and also reserve the right to suspend any/all current services supplied to the legal entity or associated companies or hosting account until cleared payment is received, with a re-connection fee of no less than £75.00.
We may charge you a reasonable fee to cover our administration costs if any payment you are required to make is not honoured by your bank or building society, credit card company or other payment method, the current minimum charge is £60.00.
Payment by credit/debit card. Where payment is made by this means the contract will be deemed to exist between ourselves and the card holder used in the initial transaction, however invoices may be made payable to the details you require for the purpose of vat or tax.
For panel based hosting this can be set or amended via the panel by the customer as required.
For security all accounts are vetted. This process may take up to 24 hours to complete and after this process if we find anything that we deem to be suspect with the transaction we reserve the right to reject the application and issue a refund.
ITsold SEO Services reserves the right to cancel service at any time. Any violation of policies will not receive a refund if we institute our right of cancellation. Any violation which results in extra costs will be billed to the customer (i.e. transfer, space etc.).
Once your cancellation has been accepted, all services will be terminated on the stated date and any themes in use will be removed and a stock theme from WordPress.org will be installed without modification or optimisation.
Note that in order to ensure that the authorised person is the one making the request we may ask that notice is also be made in writing (See Written Cancellation below).
Written Cancellation – If you are unable to access your online panel or the request requires further confirmation you can also make a cancellation request in writing. This should be signed by either the person that originally ordered the service or someone authorised to make such request.
For example in the case of a limited company a director and in the case of an individual a close relative or legal representative. Notices can be sent by post or faxed to the number/address shown on our web site (email is not a secure method so is not suitable for this type of request).
We will confirm receipt so please ensure that we have acknowledged that this has been received. Notification should be sent by recorded letter or via fax with a retained transmission slip.
In the case of signed agreements (ie dedicated servers, colo and rack space) the terms and methods of cancellation will be detailed in the agreement itself. If unsure, please contact us.
Once written cancellation has been confirmed, if a refund is due (at ITsold UK’s discretion), the process will be commence within 56 days of receipt and be completed within 14 days of the refund notice issued. This notice will be liable to time spent, service charges and base administration fees (set at £30.00 per hour) since the service launch date.
ITsold SEO Services reserves the right to refuse service to anyone. Customers may only use our server/s for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets.
ITsold SEO Services expressly forbids anyone from using its servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way which we deem to be objectionable.
The designation of any materials as such described above is left entirely to the discretion of ITsold SEO Services and we reserve the right to publish and amend these terms and condition without notice.
Customer agrees that it shall defend, indemnify, save and hold ITsold SEO Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against ITsold SEO Services, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless ITsold SEO Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ITsold SEO Services server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from ITsold SEO Services server.
ITsold SEO Services will not be responsible for any damages your business may suffer.
ITsold SEO Services makes no warranties of any kind, expressed or implied for services we provide. ITsold SEO Services disclaims any warranty or merchant-ability or fitness for a particular purpose.
The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ITsold SEO Services and its employees. ITsold SEO Services reserves the right to revise its policies at any time.
Customer also agrees that during the term of this agreement and for a period of up to one year after termination of this agreement that they will neither solicit, discuss nor offer any form of employment nor use, hire or utilise in any way the services of any current employee or person who has been employed by ITsold SEO Services at any time in the previous twelve months.
In the event of a breach a fee equal to twelve months salary of the employee or director is payable to the offended party.
Use of our services requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client’s Web space by the Client.
The following examples are offered:
Web Publishing: requires knowledge of HTML, properly locating and linking documents, ‘FTPing’ documents, creating graphics, text, sound, image mapping, etc.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C Shell scripts, permissions, etc.
E-mail: a knowledge of POP3 service, mail forwarding, use of mail clients to receive mail, etc.
The Client agrees that he or she has necessary knowledge to create and utilise the service. Client agrees that it is not the responsibility of ITsold SEO Services to provide this knowledge or Customer Support outside of the defined service.
As a customer of ITsold SEO Services you may receive newsletters informing you of our news. However please note that this will only be from ourselves as your details are not passed to 3rd parties and the maximum number for each email address will be four per year although typically two is the average.
DNS Service / Holding Page.
We offer a free domain name resolution service (“DNS”) which is available without additional charge to either companies purchasing a hosting plan or for domain(s) which are directly managed by us for the registration/renewal.
We can offer three DNS servers for each respective service and for maximum resilience we recommend that all three are used as at least one of these will be located on a different IP range and also hosted in a separate data centre and at least one name server has a separate domain extension (i.e. different primary domain).
Domains pointed at our web sites will also show a default branded holding page which will also confirm that they are pointed at our web space and also to identify the web server they are pointed at. It is the responsibility of the customer to ensure that any DNS settings are correct under each name server and to allow plenty of time for changes to be made.
Although the DNS service is of a resilient structure with at least three name servers available, this service is provided on an ‘as is’ basis unless specifically included in a written DNS SLA as part of a DNS monitoring plan specific to the domain name DNS records.
If you have cause for complaint regarding any of the services we provide please contact us in writing via the postal address listed on the contact page of our web site marking the correspondence for the attention of customer services.
Include as much information as possible and also include (if applicable) your account user name and domain name and also full contact details so that we can reach you if we need to.
Please email abuse.dept @ itsold.co.uk if you wish to report Trademark/IP abuse, Copyright Infringement or Network abuse (DDOS/Port Scanning/Spam/Bot net).
Code of practice
Services that relate to a public electronics communication services (PECS) now require a code of practice dispute resolution.
Any aspect of our services or any sales agreement may be assigned by us to any person, firm, company, or 3rd party.
Assignment by the customer is also possible but is subject to confirmation in writing from ITsold UK and also that the existing customer agrees to act as guarantor of the new customer up to the end of any existing agreement term.
Failure to follow any term or condition will be grounds for immediate account deactivation and termination of any contract.