Terms & Conditions

TERMS

1.1 What these terms cover.

These are the terms and conditions on which Nivo Digital Ltd (“go.nivo.co.uk”) supply services to you. All terms are effective from the date of your electronic signature below.

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.

go.nivo.co.uk 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.

INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are.

We are Nivo Digital Limited, a company registered in England and Wales. Our company registration number is 10936053 and our registered office is at Desklodge House, Redcliffe Way, Redcliffe, Bristol BS1 6NL. Our registered VAT number is 298269342.

2.2 How to contact us.

You can contact us via the contact methods mentioned at https://go.nivo.co.uk/contact/ or by emailing us at [email protected].

2.3 How we may contact you.

If we have to contact you we will do so through your email, project management messenger, by telephone or by writing to you at the email address you have provided to us. Please note we may ask for your password. If you are unsure of the identity of a caller, please contact us directly.

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 paid you have paid to us.

OUR PRODUCTS

4.1 One off website task

We provide one-off website fixes and tasks. These fixes and tasks will be completed by our expert team at our hourly fee of £75+VAT per hour

4.1.1 Maintenance fix.

These bring websites back to their original working state. One-off maintenance fix examples include the following: Malware/Hack Cleanup, Fix PHP Errors, White Screen of Death, Dead Links, Update Core site along with Plugins and Theme.

4.1.2 Custom task.

These include some form of proactive change or revision to a website. A one-off custom task includes the following: speed optimisation, adding a plug in, small visual adjustments, plugin configurations, website migrations,

4.1.3 Specific exclusions.

The following work is explicitly excluded from the One off Website Task service: any website development tasks, any design related tasks, editing functionality of a website, configuration of an external hosting environment, data entry, content writing, link building and closing SQL injection vulnerabilities present in custom code.

4.1.4 Individual fixed task request.

Each individual website fix or task must be submitted as a separate task. If multiple tasks are submitted in a single submission we reserve the right to either reject the order or reassign each individual task or fix to separate orders. You will be charged for each individual website fix or task.

4.1.5 Time limit.

We will normally provide you with a time frame for completion of the work at the time the order is placed and the details of the website fix or task are provided to us. Whilst we endeavour to complete any website fix within two hours of accepting the order, we offer no guarantee as to how long it will take us to complete the website fix. We will dedicate a reasonable amount of time required to complete the website fix. However, if we are unable to complete a fix within a reasonable amount of time we reserve the right to cancel your order and fully refund the fee paid for the fix.

4.1.6 Team member.

Wherever possible we attempt to appoint a specific team member to complete a website fix. However, we work as a team and any team member may work on your website fix at any given time.

4.1.7 Incomplete website fix.

There will be occasions where it is not possible to fix the problem, for example where the website is irretrievably broken or where features of your website are incompatible with other features or the hosting environment. Where we are of the reasonably held view that it will not be possible to complete a website fix regardless of the amount of time our experts spend, we will notify you of this and provide you with written confirmation setting out why it has not been possible to complete the website fix.

4.1.8 Best Effort Service.

go.nivo.co.uk will use reasonable skill and care to complete any website fix or task. However, it is not possible to guarantee any website fix or task will be error free. Where errors arise you must notify us within 7 days. If the error is as a direct result of the work undertaken by us we will endeavour to resolve the error within a reasonable period of time. Where it is not possible to fix and error we will refund you for the task, and/or attempt to roll back our changes to a backup.

4.1.9 Completion of Fix.

Tasks can be marked complete through your client area at any point. One of the team can also mark your task complete at any point; you will be informed in writing and can re-open the task if required for up to 48 hours. If we do not hear from you on any task, regardless of state, within any 5 day period, your task will be automatically marked completed.

4.1.10 3rd Parties.

go.nivo.co.uk is not responsible for any work done by third parties on your website, or for any software or plugins that are utilised by you. There may be occasions where actions by third party suppliers, such as website hosts, software and plugin developers, web browsers, email clients, domain name registrars or search engines, will affect Nivo’s ability to complete a fix or task. In the event of a third party interruption go.nivo.co.uk will not be liable for any delay in completing the fix or task. You will not be entitled to a refund in the event that we are unable to complete a website fix or task as a result of a third party’s action.

4.2 Website maintenance service – monthly packages

We provide website maintenance service plans on either a monthly or yearly subscription basis.

4.2.1 Care Plans – Standard & Premium.

Monthly subscription maintenance service plans are limited to the following services:

  • Unlimited monthly Maintenance fixes. These do not include developments.
  • Managed web hosting. This is optional.
  • 9-5 Monday-Friday online chat and phone support
  • An initial site audit, migration and optimisation
  • Constant uptime monitoring
  • Pro-active monthly software updates
  • Pro-active monthly theme & plugin updates where possible.
  • Daily managed backups

4.2.2 Full Package.

Monthly subscription maintenance service plans are limited to the following services:

  • All of the services delivered in the Care Plan, plus,
  • Ongoing malware protection & clean-up
  • Unlimited Custom tasks and revisions.

4.2.3 Website Subscription.

Both our Care plan and our Unlimited plan are supplied on a per-site basis. Websites that share the same codebase and show the same content (e.g. aliases) are deemed as one website for the purpose of our monthly packages. Independent sites run from the same web-space or codebase are seen deemed to be two separate websites. For the avoidance of doubt, WordPress multi sites are classified as individual websites.

4.2.4 Hosting task.

Hosting tasks are only available to clients who host with us under a maintenance subscription and are not purchasable as one-off tasks. Hosting tasks examples include email management, DNS configuration,set up DNS records, manage SPF records, server caching setup.set up server caching.

4.2.5 Team Member.

A suitably qualified team member will always be available to undertake any maintenance fix, custom or hosting task required. We make no guarantees that the same team member will deal with your account at all times.

4.2.6 Update Frequency.

The frequency with which we undertake theme, core and plugin updates is at our discretion. 4.2.7 Paragraphs 4.1.4 to 4.1.11 inclusive apply to all monthly subscription packages.

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 (or both). 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

5.7 Upstream Providers.

You must agree to the terms of our upstream providers with 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 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. 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 endeavour 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 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 endeavour 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 minimise the effect of the disruption. We will not be liable for the disruption caused by the event. We will not be responsible for network or hardware issues upstream of us. E.g. if AWS has an issue we will not be responsible for their problems or include this within our 99.9% uptime calculation.

5.13 Hosting only service.

This does not include any website fixes or maintenance. If an issue arises with your website and is hosting related contact us Mon-Fri 9-5 and we’ll help resolve.