Effective as of 12th March 2023
This document is considered part of Sendock Terms of Service.
SCHEDULE I: Web Hosting and Related Services Terms and Conditions
- Sendock will provide monthly services of Web-Hosting, Backups and other related Services pursuant to this Schedule and Sendock Standard Terms and Conditions.
- When we refer to the Client or the Customer on this document, we are including here the Client, any employee of the Client, any third party agency or freelancer and any other person with access to the website of the client that is not part of the team of Sendock or its subcontractors.
2.- Licenses and Intellectual Property
- Upon Sendock accepting the Customer’s application to subscribe to the Maintenance Services, Hosting Services and other related services, Sendock hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, during the term of this Agreement, to use the Sendock technology solely for the purpose of using the Services. The Customer shall have no right to use Sendock technology for any purpose other than using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Sendock to the Customer any Sendock technology, and all rights, titles and interests in and to the Sendock technology shall remain solely with Sendock.
- Sendock’s trademarks, names, service marks, logos and other related material and proprietary marks, and information are the sole and exclusive property of Sendock. The Customer hereby acknowledges and warrants that it is not authorised and shall not use any of the foregoing in any advertising publicity or in any other commercial manner without the express Written consent of Sendock.
- Some of the Sendock or third party software used by Sendock will be licensed under the GPLv2 license or a compatible one. The software licensed under GPLv2 or compatible will have the license document on its folder. You can learn more about the license and your rights and obligations here: https://tldrlegal.com/license/gnu-general-public-license-v2.
3.- Conditions of Service
- The facilities and services provided within the Services will be defined by the description of services applied for by the Customer on Sendock Service Order and other relevant documentation at the time of application, including but not limited to any specification of equipment, storage space and data transfer. In the event that the Customer limits of the order are exceeded it may be necessary for the Customer to upgrade the service or purchase additional storage and/or data transfer as required.
- Sendock will endeavour to maintain a minimum level of security, however the Customer warrants and acknowledges that Sendock is under no obligation to do so and therefore cannot provide any guarantee regarding the security of material hosted on the Sendock Server or other Customer Server.
- Sendock reserve the right to suspend any Service without limitation for repair, improved maintenance and other such circumstances as Sendock may notify the Customer. Sendock will endeavour to contact the Customer wherever possible to limit the time required to a minimum.
- The Customer acknowledges that whilst Sendock will use all reasonable endeavours in the provision of any associated Services, Sendock does not warrant nor guarantee that the provision of Services will be error-free and/or not interrupted.
- In respect of the above clauses Sendock has furnished notice and the Customer hereby accepts unconditionally that Services are not intended to be used in circumstances where fail-safe performance and operations may be or are required.
- Sendock reserves the right to suspend or otherwise modify any Services if the Customer’s continued use of the Services is established at Sendock entire discretion to be in conflict or otherwise detrimental to Sendock or to the running of any Sendock server or technology or to the use of the Services by any other Sendock customer.
- Sendock reserves the right to terminate this agreement for the provision of Services at any time, and will furnish to the Customer 14 (FOURTEEN) days notice unless otherwise specified. Upon the provision of 14 (FOURTEEN) days notice and the Customer not being in default of this Agreement, Sendock will refund to the Customer any Charges which the Customer may have paid for any respective period for which Services has been deemed cancelled.
- THE CUSTOMER IS HEREBY GIVEN NOTICE THAT Sendock reserve the right but not the obligation to monitor the Customer Website, Server and Sendock technology for the Customers use thereof and Sendock shall at its sole discretion be entitled at all material times and without notice to refuse to host any material and/or to suspend availability to the Customers Website or Server or other Hosting Services and to remove any material which in Sendock sole discretion is in breach of any of the conditions contained herein and specifically detailed under Customers Obligations.
- Sendock at its sole discretion may inform the Customer as soon as is reasonably practical should they propose or have to enforce its obligations herein.
- Sendock rights and obligations to suspend availability to the Customer Website pursuant to this Agreement, is without prejudice to the Customers sole responsibility for the content of the Customer Website or use of other Hosting Services and to the Customers obligations hereunder.
- The Customer warrants that the hosting of any Website, content, or utilisation of associated Services does not amount to the approval of the Customer Website, associated material, email or the Customers Server or Sendock Server and shall not under any obligations constitute any form of waiver of any of Sendock rights or Customers rights or obligations under this Agreement.
4.- Customer Obligations for Hosting and Internet Services
- The general terms and conditions of this TOS apply to this Services too.
- The Customer shall warrant and obtain all necessary licenses and consents in respect of any material posted to or retained on the Customers Website, Server or Customer Server prior to the procurement and posting of such material. This include the licenses for any software or file that the Customer is using on the website.
- The Customer shall undertake not to post or retain any material on the Customers Website, Email Account, Server or Customer Server which is offensive, abusive, indecent, defamatory, obscene, menacing, in breach of confidence, and/or infringes the Intellectual Property Rights of any third party or contain a virus or other hostile code or constitute, procure or encourage a criminal offence.
5.- Backup Related Services
- We are pleased to provide you with Daily Backup and Backup Restore Services. As part of our Daily Backup services we keep a limited number of backup copies of your account as set out on the respective Product Page and Order.
- Backups are made on a different server to the one that contains the website.
- We will use good faith efforts to backup data stored on the Services at least once a day (Backups).
- Daily backups will be made anytime between 00:00 and 6:00 London time. This can change anytime without notification. The time can be different for each website hosted.
- We may suspend the Daily Backup Service for your account or refuse to restore your data, if in our reasonable opinion such backup will result in a security risk or will alter the performance of our Server to the detriment of other customer.
- To the maximum extent applicable under national law and without affecting your rights as a consumer, our Backup Services are provided as-is and are subject to all limitations of liability set out in this TOS.
- You agree that you will maintain your own set of backups independent of those we maintain. In the event that you are not satisfied with the outcome of any Backup Restore, it shall be your obligation to restore your files and data from your own backup.
- If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use.
- We may determine that certain file extensions or custom files are not suitable for backup and exclude them from the backup. Sendock will backup all files required to the web execution.
- Files with incorrect names or codification could not be suitable for backups. For example, names with "ñ" or other symbols. Sendock is not responsible of losing data or files without a proper names if they are not compatible with the backups services.
- Sendock will use reasonable efforts to backup data as defined by the service description on Sendock website (or as otherwise agreed in writing between Sendock and the Customer). Sendock shall not be responsible nor be liable for any loss, damage, costs or expenses or other claims howsoever arising for compensation for any data, file or other material being damaged, corrupted, lost or otherwise affected.
6.- Hosting Technology Updates
- Sendock will use reasonable efforts to update your hosting technology for you.
- We occasionally make mistakes. The Service is not automated, but performed by human technicians.
- To the maximum extent applicable under national law and without affecting your rights as a consumer, our Updates Services are provided as-is and are subject to all limitations of liability set out in this TOS.
- In case of a security update, Sendock will update automatically the technology of the hosting to the latest version available that corrects the issue.
- Sendock will not be responsible if the update of the technology of the hosting causes incomatibility with any files, apps or websites hosted on the account.
- If the client does not have any maintenance or updates services on their plan, the Client will be responsible of update their websites, apps or files to work with the secured and updated technology of the server hosting it.
- If there is no updated version available or the user does not have provided the license to update it, we will notify the user and deactivate and/or remove the insecure file, plugin, module, extension, template or theme.
- Sometimes the security updates will require to reboot the servers to apply them which sometimes can generate downtime for the website hosted.
- Sendock shall at its sole discretion be entitled at all material times and without notice to refuse to host any material and/or to suspend availability to the Customers Website or Server or other Hosting Services and to remove any material which in Sendock sole discretion is in breach of any of the conditions contained herein.
7.- Migration Services
- You agree to give us access to your account with the previous host, so we can create a backup copy, transfer your website(s) and make all configurations necessary for your website to work on our Servers. If we are not able to create a backup copy for reasons outside our control, you agree to make one available for us.
- We may refuse to transfer your website(s), if your website(s) require configuration that is not compatible with our Servers or if in our reasonable opinion such transfer will require more resources than website transfers for similarly situated customers. In case we cannot transfer your website(s), any website transfer fees will be refunded.
- The data to be transferred must be within the limits defined on the Order and Plan selected.
8.- Hosting Support
- Our technical support is available for all current customers and is provided on an as-is, as available basis. To the maximum extent applicable under national law and without affecting your rights as a consumer, all support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in this TOS.
- Sendock offer 3 levels of support that will apply depending on the Order, Plan or Service level you have contracted.
- Support Levels are defined on the Order or the Services page on our website.
- Support is only available from 10:00 to 18:00 Coordinated Universal Time (UTC), Monday to Thursday and always on labour days on London, UK. We only offer email support via Tickets.
- If your request for technical support exceeds that of similarly situated customers or is within the scope of our paid support and development services, we may charge you additional support fees. We will inform you, and receive your consent, prior to charging you for technical support.
- If you request technical support, you agree that we may have full access to all aspects of the Services accessible to us based on your request. You are solely responsible for any changes you make to your account after we complete your request.
- While we will use reasonable efforts to provide technical support to you and to perform any work you request in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again.
- We retain the right to refuse to provide technical support to you if you are verbally abusive to our employees or contractors.
- We may refuse to perform any request that requires changes not compatible with the Services or is not related to them or might create a security risk or endanger their performance.
- It is your obligation to perform and store a backup of your data and files prior to requesting technical support. In the event that you are not satisfied with the outcome of any technical support, it is your obligation to restore your files and data from your own backup. We will make our own backups copies but the client is the latest responsible of his data and we cannot ensure that our copy will be what the client is expecting.
9.- Reception and Inbox Email Services
- Sendock do not provide any reception or Inbox Email services on their hosting services.
10.- Image Optimization Services
- Sendock may provide Image Optimization Services on some plans to improve the speed and performance of the Customer websites and apps.
- The Customer needs to notify Sendock if they do not want to get the Image Optimization Services.
- Any images located on the hosting account are susceptible to be optimised.
- The customer shall keep a backup of any original images uploaded to the website.
- The Customer acknowledges this and allow Sendock to optimise the images on the hosting account.
- We will use good faith efforts to use the best compression and optimization tools so the images do not lose quality to the best of our knowledge.
- We may determine that certain file extensions or custom files are not suitable for optimization and exclude them from the Service.
- To the maximum extent applicable under national law and without affecting your rights as a consumer, our Image Optimization Services are provided as-is and are subject to all limitations of liability set out in this TOS.
11.- Cloudflare CDN Services
- Sendock may provide CDN Services to improve the speed and performance of the Customer websites and apps.
- Sendock use third party services from Cloudflare to provide the CDN Services.
- The Customer needs to notify Sendock if they do not want to get the CDN Services.
- To the maximum extent applicable under national law and without affecting your rights as a consumer, our CDN Optimization Services are provided as-is and are subject to all limitations of liability set out in this TOS.
12.- Service Level Agreement (SLA)
- Sendock guarantee a 99.9% availability. This does not include hardware failures. Should we fail to meet this level of availability the following levels of service credit are applicable.
- SLA credit is only issued in the form of direct service credit, no cash or refund is payable. SLA credit requests must be claimed within 30 days of the affected calendar month end; requests are void 30 days after the month end.
- The following events do not count towards our calculation of uptime:
- Scheduled maintenance;
- Emergency maintenance, hardware and software failure remedied under 1 hour;
- Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
- Downtime caused by you, your own configuration, or third-party applications you use;
- Downtime caused when you reach the maximum resources allocation for your plan;
- Downtime caused because you have violated this TOS;
- Downtime during work on your technical support request(s); or
- Force majeure.
- The Termination Section on the General Terms & Conditions apply to these services.
- If you cancel any service that include a Hosting Service Plan we will provide you with the following at no charge:
- A full backup of your website and its databases(s)
- All relevant administration and login credentials
- Details of any premium plugins we used that are licensed to Sendock’s that will be de-licensed on cancellation. If you are migrating to another hosting vendor, you will then need to re-license those plugins under your own company at your own cost in order for them to continue to operate as designed, and be supported by the plugin’s vendor.
- We will keep the backup copy for 7 days after cancelling your account.
- If the client is ending a hosting service, he will need to provide another hosting before the end of the period to avoid any downtime to the website. The migration to another hosting at the end of the contract is not included and shall be quoted as a separate service.
14.- Right to Refuse Service
- Sendock reserves the right to refuse to do business with you. We have the right to terminate your services and give you any applicable refunds, at any time and for any reason. This may occur if we determine that your web site or product or IT resources or IT needs require an extraordinary amount of effort on our part, your plugins or themes cannot be updated, or if you are not providing the licenses to update. We will try to negotiate a more suitable compensation arrangement before we terminate our relationship and services. Unless otherwise detailed herein, Sendock will provide 30 (THIRTY) days written notice of termination