Butter Digital Care Plan Terms and Conditions

Please read these terms and conditions carefully before ordering Care Plan Services from Butter Digital. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.

1. Definitions

(a) “The Service Provider” means Butter Digital, UK Partnership whose registered trading address is at 18 Elysian Grove, Aberystwyth, Ceredigion, Wales. Telephone +44 (0) 7403 095417. E-mail: hello@butterdigital.com. Registered in England and Wales. All contracts are issued by The Service Provider through Butter Digital, and all payments are due to the same. The Service Provider is an approved reseller of SiteGround Hosting Ltd

(b) “The Client” means any person or company with whom The Service Provider contracts, either verbally or in writing. Where the Client comprises of more than one person, their liability under these terms and conditions shall be joint and several.

(c) “The Hosting Provider” means SiteGround Hosting Ltd registered in England and Wales (registration number 09348602), with address: 3rd Floor, 11-12 St James' Square, London, SW1Y 4LB. The Hosting Provider is a 3rd party provider of hosting and has entered into a contract and has given express permission to The Service Provider to be a reseller of their service.

(d) “Contract” means any contract made between The Service Provider and the Client for managed hosting services. This includes any Contract which is signed by both parties; any written quotation from The Service Provider which is accepted in writing by the Client; or any subscription or booking of the Client which is accepted in writing by The Service Provider.

(e) “Services” shall mean all Care Plan services offered by The Service Provider; and any third-party services.

(f) Any reference in these Terms to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

2. Basis of Contract

(a) The Contract shall incorporate and be subject to these Terms to the exclusion of any terms, which the Client may purport to impose, and to the exclusion of any course of dealing established between the Service Provider and the Client.

(b) No variation to these Terms shall be binding unless agreed in writing between the authorised representatives of the Service Provider and the Client.

(c) Any quotation given by the Service Provider is an invitation to the Client to make an order only within 30 days of the quotation date and no order of the Client placed with the Service Provider in pursuance of a quotation or otherwise shall be binding on the Service Provider unless and until it is accepted and confirmed in writing by the Service Provider.

(d) The Client or its employees or agents are not authorised to make any representations concerning the products or services of the Service Provider or concerning the Contract unless confirmed by the Service Provider in writing. In entering into the Contract, the Client acknowledges that it does not rely on, and waives any claim for breach of, any such representations, which are not so confirmed.

(e) Any advice or recommendation given by the Service Provider or its employees or agents to the Client or its employees or agents is acted upon entirely at the risk of the Client, its employees or agents and accordingly the Service Provider shall not be liable for any such advice or recommendation.

(f) Any typographical, clerical, or other error or omission in any promotional literature, quotation, price list, invoice or other document or information issued by the Service Provider shall be subject to correction without any liability on the part of the Service Provider.

(g) The Hosting Provider, SiteGround Hosting Ltd, is a 3rd party and The Client is beholden to their Terms and Conditions https://www.siteground.co.uk/terms.htm

The Client shall fully indemnify and hold harmless the Service Provider from and against any losses, damages, costs (including all legal fees) and expenses incurred by or awarded against the Service Provider as a result of, or in connection with The Hosting Provider

3. Orders

(a) All orders for Services shall be accepted by the Service Provider subject to the availability of the Service Provider or its personnel and the Service Provider shall have no commitment to provide services on any such order until the order details have been confirmed by the Service Provider in writing.

(b) All orders for Services shall be subject to Government and other local regulations, which may be introduced from time to time.

(c) In the event of cancellation, the Client shall be liable to pay 100% of the total contract price specified unless otherwise negotiated. Any such negotiation will reach a scale for remuneration in accordance with the works completed at the time of cancellation.

4. Support

The Services Provider offers fully managed website Care Plans. These plans include variations of hosting, maintenance, updates, security, technical support, content support, access to premium plugins and website backups.

Should a problem arise with the Services or your registered account, you can send an email for support to hosting@butterdigital.com, twenty-four (24) hours a day, seven (7) days a week.

The support team will help resolve any problems The Client has with the Services received. The Service Provider will not provide programming support to, but, as part of the website hosting all servers are compatible with many programming languages.

If programming services are required, the client is advised to contact their chosen Web Designer.

All monthly time allocations for technical support or content support within the Services will be reset per calendar month. No time allocations will be carried over unless expressly confirmed in writing by The Service Provider.

5. 3rd party conflicts:

If The Client requires 3rd parties to access the site whilst in production or live, The Service Provider are not able to extend warranty or support to 3rd parties and if we need to repair something they have done, The Client will be charged accordingly.

The Service Provider is not responsible for 3rd party software failures or other products outside warranty, inclusive of WordPress themes and plugin issues.

6. Domain Names

The Service Provider is not a holder or registrar of domain names. The Client is responsible to for the purchase and renewal of their chosen domain name. The Service Provider may require access to the domain registrar account to access the domain nameservers and point them towards the servers of The Hosting Provider.

7. Contract Prices and Fees

(a) The prices or fees payable by the Client shall be in accordance with the Service Provider’s rates of payment, as set out on our website at the time of your order.

(b) Prices are liable to change at any time. the Service Provider will notify the Client of a change in prices at least thirty (30) days before the price increase comes into force. Any such price increase will not be effective until the next billable month. If the Client does not agree to such price changes, the Client is required to make contact with the Service Provider to begin the cancellation process. If the Client does not cancel they will be deemed to have accepted the new prices, and they will be charged to the credit card, debit card or other payment method registered to your account.

8. Payment

(a) The prices or fees payable by the Client shall be in accordance with the Service Provider’s rates of payment, as set out on our website at the time of your order.

(b) Failure to pay by the due date will entitle the Service Provider to cancel any service being provided by giving written notice to the Client and any part payment shall be retained by the Service Provider. The time of payment and the price of the services shall be the essence of the Contract.

(c) Failure to pay will mean the immediate removal of the Client’s website from the public domain until payment is rectified or the service is cancelled.

(c) If payment shall not be made in accordance with Condition 5 (a) above, the Service Provider shall pass the matter onto a collections agency and reserve the right to charge interest on overdue balances for the period from such date until the date of payment. This shall include any period after the date of any court judgement against the Client. Interest shall be charged at the rate of 12.5% under the Late Payments of Commercial Debts (Interest) Act 1998, plus all penalty charges allowed by the same act at the time of contract.

(d) Payments are to be made via subscription payment through the Stripe Payments Platform.

9. Hosting Service usage limitations

(a) The Care Plan Services include a Hosting Service webspace allowance (unless specifically unlimited) provided that:

Material is linked into web pages;

The Hosting Service is not used as a backup of, or repository for any material that does not comply with the Hosting Provider’s acceptable use policy https://www.siteground.co.uk/viewtos/acceptable_use_policy

(b) The Care Plan Service includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out in the Contract. The Care Plan Service will (at the Service providers sole discretion) be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, the Client will need to upgrade their Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month.

(c) The Care Plan package you order includes mailboxes. Any mailboxes that have not been accessed for one hundred (100) clear days will be automatically deleted from the system.

10. Liability

(a) The Service Provider does not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the Hosting Services.

(b) Due to the public nature of the Internet, the Service Provider shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Managed Hosting Services will be free from hackers or unauthorised users. The Client shall be liable for the content of any emails transmitted by virtue of the Managed Hosting Services, for any material you upload to, or allow to be uploaded to, the servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998, EU GDPR and all other privacy laws, regulations and guidance notes made or issued thereunder).

(c) All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

(d) The Service Provider does not exclude or limit in any way its liability:

For death or personal injury caused by our negligence

For fraud or fraudulent misrepresentation

For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

(d) The Service Provider will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

(i) Loss of income or revenue

(ii) Loss of business

(iii) Loss of profits or contracts

(iv) Loss of anticipated savings

(v) Loss of goodwill

(vi)Loss of software or data

(vii) Wasted expenditure (such as pay per click advertising costs)

(viii) Wasted management or office time.

(e) Subject to clause (d), our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed one hundred and ten (110) per cent of the price you have paid to us for the Services during the twelve (12) months preceding the event giving rise to the liability in question. Accordingly, you are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).

11. Insolvency of the Client

This clause applies if:

(i) the Client proposes any voluntary arrangement or enters into any compromise or other arrangement with its creditors; or

(ii) an encumbrance takes possession, or a receiver or manager is appointed of any of the property or assets of the Client, or

(iii) being an individual or firm the Client becomes subject to a bankruptcy petition or becomes bankrupt, or

(iv) being a Company the Client becomes subject to a winding-up petition or goes into liquidation or becomes subject to a petition or an administration order or upon the making of an administration order, or

(v) the Client ceases, or threatens to cease, to carry on business; or

(vi) the Service Provider reasonably apprehends that any of the events mentioned above is about to occur in relation to the Client and notifies the Client accordingly

(a) If this clause applies then without prejudice to any other right or remedy available to the Company, the Service Provider shall be entitled to cancel the Contract or suspend the performance of the Contract without liability to the Client.

12. Notices

Any notice required or permitted to be given by either party to the other under these terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may be at the relevant time.

13. Severability

If any provision of these terms is held by any competent authority to be invalid the remainder of the provisions in question shall not be affected thereby.

14. Proper Law

The Contract shall be governed by and construed in accordance with the laws of England and Wales.