January 2021
Terms and Conditions of Image ICT Solutions Ltd trading as Flo Web Design.
Acceptable Use Policy (AUP) and Terms of Service (TOS) for Image ICT Solutions Ltd trading as Flo Web Design.
This document details Flo Web Design’s Acceptable Use Policy (AUP) and Terms of Service (TOS) for all customers availing of Web Design & Development Services, Shared Hosting Services, Dedicated VPS, Domain services and any other service provided by Flo Web Design.
All services provided by Flo Web Design may be used for lawful purposes only. The storage, viewing, transmission of any information or data in breach of Irish, or any other country, law is prohibited including adult only content, copyrighted material, material protected by trade secrets, and any other material restricted (at the company’s sole discretion) by Flo Web Design. The client agrees to indemnify Flo Web Design from any claims resulting from the misuse of services.
A fair usage policy applies to all shared hosting accounts, with a maximum inode capacity per account of 50,000. Your hosting account is not to be used as a file store rather to store publicly accessible web content.
You are free to use scripts provided they do not affect the normal operation of Flo Web Design’s web servers. In the event a script affects normal server operation, Flo Web Design reserves the right to disable the account.
The installation of Proxy servers are prohibited.
Account Limits
The following limits are set for all hosting services:
Customer Email
Server POP3 & IMAP Email service is provided free of charge as part of Flo Web Design’s website hosting service. Flo Web Design does not accept any liability for interruptions in mail flow or for loss of Emails under any circumstances. Flo Web Design can provide client-side IT support on a chargeable basis but does provide any guarantees on POP3 and IMAP Email flow.
Website Plugins
Commercial Plugins – depending on client requirements, specific commercial plugins may be required. These plugins are renewed on a yearly basis and will be invoiced to the client.
Cookie Management System: Flo Web Design recommend installing a commercial cookie plug-in on your website. Compliance or otherwise with GDPR and Privacy legislation relating to the use of cookies on client website is the sole responsibility of the client.
Customer Backup Service
As part of Flo Web Design’s hosting services, we provide a monthly Backup Online Service for client websites, which is provided on a best endeavours basis. Flo Web Design does not accept any liability for data loss, data corruption, downtime, or data breaches.
Daily website backups are provided as part of Client Care Support Services.
Domain Transfer and Domain registration
Flo Web Design is an authorised domain Registrar in Ireland.
When requested by clients, Flo Web Design will initiate domain transfers, register new domains, and renew existing domains on a best endeavours basis. Domains will only be renewed on receipt of cleared funds from clients. All existing domains are renewed on a best endeavours basis and Flo Web Design accept no responsibility and/ or liability for human error resulting in the non-renewing of domains. It is the client responsibility to authorise domain transfer requests.
Client Care Web Support Service
As part of Flo Web Design’s Client Care Web Support Services, your website and it’s respective database are backed up nightly. We perform security checks daily on the website to make sure everything is in working order, and also provide monthly updates to the website Plugins and WordPress cores. In order to prevent downtime, third party plugins or plugins with known issues are excluded from updates. Plugin updates are subject to when plugins latest patches come out and are also subject to if they have been tested on your website’s current version of WordPress. Non critical core updates are not routinely pushed out to avoid unnecessary downtime.
Our Client care packages utilises Patchman. Patchman is a unique product that patches the underlying code vulnerability and blocks malicious action without the requirement to update the entire plugin/core installation. This can sometimes produce “not updated” results in plugins and reports. Site speed optimisation is provided via Litespeed Web Server and Caching within the parameters of the resources associated to your hosting plan.
Withdrawal of Service
Flo Web Design reserves the right to refuse or cancel service. Accounts cancelled due to policy violations will not be refunded.
Spamming
You must not use Flo Web Design servers or services for spamming and/ or for mass emailing messages.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Flo Web Design (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Flo Web Design, 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.
Cancellations / Refund Policy
You may cancel your account at any time before your next billing date and you will not be billed for the next billable period. However, if notice to cancel is not provided before your next renewable date, an automatic 12 month renewal agreement applies. No refunds will be given.
Data Privacy Statement
Flo Web Design understands and recognizes its obligations under GDPR. Data collected by Flo Web Design is done so for the sole purpose of providing services to clients. The following Customer Data is recorded – customer name, customer email address, company address, phone number, credit/debit card details, website content including ecommerce sites, brochure sites.
Flo Web Design may offer a website backup online service to clients. All data is stored and backed up to Flo Web Design servers for the sole purpose of restoring data at the request of customers.
Flo Web Design confirms customer data is not provided to any third party companies. All customer data is kept within the EU and is not shared with any other company, organization, or individual.
Customers are entitled to request a copy of data kept electronically by Flo Web Design. All queries relating to data privacy should be address to- Data Controller, Image ICT Solutions Ltd, Beamore Business Centre, Beamore Road, Drogheda, Co Meath, A92 WY26.
Copyright
All rights in the design, coding, text, graphics or otherwise on websites, applications, and portals created by Flo Web Design are in sole and exclusive ownership, and therefore are the copyright of, Image ICT Solutions Ltd trading as Flo Web Design. Flo Web Design or other Third Parties prohibit the reproduction of any part and/or of all the contents contained on the website, except by way of express licence from Flo Web Design to reproduce same. Flo Web Design and their subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Disclaimer
Image ICT Solutions Ltd trading as Flo Web Design will not be responsible for any damages your business may suffer. Flo Web Design makes no warranties of any kind, expressed or implied for services we provide including Backup Online Services. Flo Web Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Flo Web Design and its employees. Flo Web Design makes no “uptime” guarantees on shared hosting accounts or virtual private servers.
Flo Web Design provides monthly Backup Online Services (hosting services) and daily Backup Online Services (client care web support) on a best endeavours basis. Flo Web Design accept no responsibility for any loss of data or consequences arising from data loss. Flo Web Design does not provide backup online services to client’s reselling our services i.e. resellers.
Flo Web Design expects resellers who provide hosting services to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Flo Web Design. A customer’s failure to comply with those laws will violate this policy. If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Flo Web Design then Flo Web Design will not be responsible for maintaining hosting for the resellers customers. All communications (emails, verbal or written) are between Flo Web Design and the client. These communications are private and are therefore not to be shared with any other parties.
Flo Web Design wishes to emphasize that in accepting services, customers will indemnify Flo Web Design for the violation of any law or Flo Web Design policy that results in loss to Flo Web Design or the bringing of any claim against Flo Web Design. This means that if Flo Web Design is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Flo Web Design plus costs and reasonable legal fees. Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation. Flo Web Design reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.
Flo Web Design, www.flowebdesign.ie, STORM Web Development, www.stormweb.ie, Optiweb, www.optiweb.ie, and Image IT, www.imageit.ie, are trading names of Image ICT Solutions Ltd.