Managed Website Hosting

This Hosting Service Level Agreement is a contract between the person or entity using the Company’s Services and applies to the Customer’s use of the Company’s Services. Customers must read, agree with and accept all of the terms and conditions contained in this Agreement. The Company may amend this Agreement at any time by posting a revised version on its website.

Definitions

“We”/”Us”/”Our”/”Melt Creative Ltd.” means Melt Creative Ltd. of 55 Wathen Road, Warwick, CV34 5BB, England, and/or any of its subsidiaries and/ or affiliates involved in providing the Services.

“You”/”Your”/”Yourself”/”User”/”Customer” means the user of the Website and/or customer of the Services.

“Services” means any services offered by Melt Creative Ltd. on its Website including but not limited to website hosting, management, and infrastructure management – commonly referred to as the Melt Creative Ltd.

Melt Creative Ltd. strives to provide a high-quality service and backs it up with a comprehensive Service Level Agreement.

STANDARD LEVEL OF SERVICE (SERVICE STANDARD)

• Melt Creative Ltd.’s goal is to ensure that our services are available to Customers twenty-four hours a day, seven days per week, and three hundred sixty-five days per year (Service Availability).

• Please note that Service Availability refers to Melt Creative Ltd.’s Hosting Platforms and related services and in no case, we are guaranteeing here the Service Availability

• Melt Creative Ltd. offers standard support options, by emailing [email protected] 

• Emailing [email protected]  is intended to provide an interactive method to request and receive basic information and troubleshooting assistance on a first-come, first-served basis. Particularly, and to avoid clogging the email application of Melt Creative Ltd, interactive support sessions are subject to a maximum duration time depending on the support plan level you are in:

• High Priority tickets must be related to events that render Customers’ infrastructure and/or services unusable/inaccessible. Other types of events rated as High Priority by Customers and that don’t match this description will be demoted to Normal Priority by Melt Creative Ltd.’s personnel and treated accordingly. 

Priority

• Website Unavailable or not loading
• Critical errors preventing the site from loading

Normal Priority

• Site Speed
• General Questions
• Email Deliverability
• If the site is unavailable due to errors caused by plugins added to the site or changes not related to the general hosting service that takes a longer time to troubleshoot and fix we will have to charge you for this time based on our current hourly rate.

• Melt Creative Ltd. realizes that our Service Availability and Response priorities may not always be met.

Payment and Cancellation, for Website Management Services

PAYMENT

Payment for Website Hosting is due on the invoice due date for the period (monthly, quarterly, or annually) in which that service will be performed.

If you fail to make payment on time, Melt Creative Ltd. will send you two email warnings before we postpone or stopped our services:  

1. First Email Notification: Overdue Invoice
2. Second Email Notification: More than 20 Days Overdue
3. Third and Final Email Notification: Cancellation of Service

If no payment has been made within 5 business days from our 2nd email notification, Melt Creative Ltd. will send the third and final email notification. 

The third email will officially inform you that we are canceling the service effective immediately.

If you wish to avail of our services again, kindly pay the total amount owed and we’d be happy to serve you again.

CANCELLATION OF SERVICES AND REFUNDS

You may cancel website hosting services with a 30-day notice. 

WE DO NOT OFFER REFUNDS ON WEBSITE HOSTING SERVICES.

IF YOU ELECT TO DISCONTINUE WEBSITE MANAGEMENT SERVICES, THE TOTAL RESPONSIBILITY IS YOURS FOR PERFORMING BACKUPS AND KEEPING ALL COMPONENTS OF YOUR WEBSITE BACKED UP, SECURED, AND UPDATED. 

If you desire to migrate your website to another web host, we will at your discretion (1) provide you with an administrator login for your WordPress site so a backup can be performed and migrated to the new location, (2) provide to you a files and database backup at a cost of £100, or (3) perform the website migration for you at our current hourly rate. 

Website Management Service

The website hosting service does not include the ongoing proactive maintenance of your website. We do not perform plugin updates, site changes or security updates as part of the service. It is your responsibility to keep the website up to date.

IF YOU ELECT NOT TO PURCHASE OUR WEBSITE MANAGEMENT SERVICE, THE TOTAL RESPONSIBILITY IS YOURS FOR PERFORMING BACKUPS AND KEEPING WORDPRESS (AND ITS THEMES AND PLUGINS) UPDATED. 

If you are on one of our Website Management service plans (not included in website hosting). This includes website software updates, website backups, and website security.

While it is impossible to guarantee that your site will never be hacked, all of these techniques make your website a more difficult target for hackers. In addition, it is well known that hackers tend to exploit easier targets first – sites without security measures in place. However, in the event that your site is hacked, we will restore it to pre-hack condition at no additional cost either by restoring a site backup or performing a malware cleanup at our discretion.

Restoring Backups

• Should your site become compromised by a hack or if your site becomes inoperable because of user error, we will restore a backup for you. 
• If the restorations are the result of a hack, there is no limit to the number of restorations we will perform for you under this service. 
• If the restorations are due to user error, we will perform a maximum of 2 restorations in any 30-day period. 
• Additional user error-related restorations will be performed at our current hourly rate with a one-hour minimum.

Premium (Paid) Themes and Plugins

• Many websites use themes and/or plugins that require the payment of a recurring license fee to maintain access to ongoing software updates. We have secured appropriate licensing for many of these.
• If your website uses premium themes and/or plugins and we do not have appropriate licensing, it will be your responsibility to maintain the appropriate licensing to ensure the availability of updates. 
• We will advise you of the themes and/or plugins for which you will need to maintain licensing and assist you as needed in the process of obtaining them.

WE CANNOT BE HELD LIABLE FOR PROBLEMS SUCH AS BUT NOT LIMITED TO HACKS, INOPERABILITY OR INTERCOMPATIBILITY THAT ARISE FROM PREMIUM PLUGINS WHICH YOU CHOOSE NOT TO LICENSE AND ARE OUT OF DATE.

Plugin Compatibility
If an update to a plugin creates conflicts or causes issues with the functionality of your website, we will consult with you to determine the best course of action. Typically, we will remove the offending plugin and replace it with a similar plugin or other programming. If the time required to resolve a plugin compatibility issue exceeds 1 hour, additional time will be billable at our current hourly rate.

IT IS YOUR RESPONSIBILITY TO INFORM US IF YOUR SITE IS EXPERIENCING PROBLEMS AND NEEDS ATTENTION.

Your Responsibilities in Website Security

We employ basic WordPress security techniques when hosting your website. However, studies have shown that one of the most common way that hackers gain access to your website is through keylogging programs installed on the infected computers of users. You agree to protect any computer that will log into the website by:

Installing and maintaining updated security software

• Using the most up-to-date version of your preferred web browser
• Keeping the operating system patched with recommended updates
• Keeping versions of other installed software up to date if they are installed.
  

You also agree to use a strong password (as shown by the WordPress password indicator) for any account you use to log in and edit your website, and that this password will only be used on your website. We recommend the use of a password manager so that you have strong unique passwords for every site you access.

Third-Party Services

From time to time, our clients might employ a third party (such as but not limited to a Search Engine Optimization professional, social media professional, or content writer) whose services involve modifications to the website. WE CANNOT BE RESPONSIBLE FOR THE WORK OF A THIRD PARTY. Should our services be necessary due to any work performed by a third party, these services are billable at our current hourly rate. 

Email Deliverability 

1. Occasionally, your website will send an email when certain events occur such as the completion of a contact form, the sale of a product, the update/reset of a user’s password, etc. These emails that are automatically generated by the WordPress system are often flagged as spam (or not delivered at all) by email providers like Google/Gmail, Microsoft, Yahoo, and others.
2. SINCE WE CANNOT CONTROL THE RECEIPT OF EMAILs, WE CANNOT BE HELD RESPONSIBLE FOR ANY EMAILS THAT WERE NOT DELIVERED TO THE CLIENT FOR ANY REASON.
3. IT IS THE CLIENT’S RESPONSIBILITY TO REGULARLY CHECK SPAM FOLDERS AND WEBSITE FORMS AND ORDER INTERFACES FOR ANY NOTIFICATIONS THAT WERE NOT DELIVERED TO THE CLIENT’S INBOX.

Email Service

WE DO NOT PROVIDE OR SUPPORT EMAIL SERVICE TO CLIENTS. We recommend consulting with an IT Professional about implementing third-party services such as Google Apps and Microsoft Office 365. 

Domain Names

Registering a domain name for your website and paying the accompanying annual registration fee is your responsibility. We can assist in the process of registration and connecting your domain name to the website if you desire. You can purchase your domain name for multiple years, or renew it annually at your discretion. 

It is your responsibility to ensure that the credit card the domain registrar has on file for your domain registration is current for rebilling.

Limitation of Damages or Liability 

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES, AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, FOR HARM CAUSED BY OR RELATED TO THE CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTWITHSTANDING ANYTHING ELSE IN THIS MASTER SERVICES AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ANY OF ITS EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE CUSTOMER’S ACCOUNT IN THE LAST SIX MONTHS.