Ts & Cs

Support Requests

Support requests may be submitted by email to the support team. For high urgency requests, call the Olamalu office on 01993 256201. Our standard business hours are 9am - 5pm, Monday to Friday excluding Bank Holidays and the Christmas closure period. 

Response and Resolution

New requests will be assessed by the support team. The assessment of a request will include the type of change, the urgency of the change and the profile of the system or application being changed. We will respond to your request following our assessment and request any further information or clarification needed. Once a request is clarified, we will raise a ticket on our ticketing system and schedule the ticket for resolution. Changes to websites and applications will follow our Change Management Procedure.

Technical support is provided on a first-come, first-served best effort basis. Where we are supporting a website or application on your own environment, we will aim to resolve issues ourselves where we have direct access to your server, before requesting support from your team.

Payment for hosting services is annually in advance.

Payment for site and platform maintenance where we support a website or application on your own environment is due monthly.

Payment for support requests completed under a pay-as-you-go arrangement is due upon completion of work.

We offer a pre-paid care package which includes 10 hours of support. The hours are tracked and deducted from the package as completed.

Prices for hosting, site and platform maintenance, pay-as-you-go support and pre-paid care packages are reviewed annually. We will give you advance notice of any changes of at least 30 days. You may choose to either accept the new price or terminate the affected service.

We reserve the right to replace any pre-paid package or service with a similar service that is reasonably comparable in terms of performance and features.

Non payment

We hope we never have to pursue any of our clients for late payment. In the unlikely event that we have to do so, we reserve the right to pass all overdue accounts to a solicitor or third party collection agency. We will work hard to talk to you and resolve the issue, but we do reserve the right to take your site off our servers if you do not pay.

Termination of hosting

We reserve the right to stop hosting your website for any reason with a notice period of 30 days.  As long as you are paid up with us, we will provide you with all your website files so that you can move your hosting elsewhere. Any additional work that is required on our part will be charged at our current standard hourly rate. Hosting is payable annual in advanced, and there will be no part refund on hosting.

Moving your website

If you choose to move away from our services, including moving your website off our servers, there is no notice period required. However, any outstanding payments will be due at the time of termination. There are no refunds for the annual maintenance fee or for unused support hours.

We may charge you at our current standard hourly rate for any time it takes to provide you with the data to move your site.

Service uptime

We work hard to maintain a stable and reliable hosting environment. However attacks on servers and sites or other unforeseen or unplanned for circumstances can affect uptime. 

When a site is inaccessible, we work to resolve the issue as quickly as possible, working within the framework provided by our provider or, where we are supporting a website or application on your environment, within the framework you provide.

Outages raised to us during standard business hours will be prioritised on a best effort, first-come first-served basis.  We may monitor your site for issues and will, where it is possible, work on outages out of hours. 

In no case will we guarantee a remedy for a single failure to maintain service uptime for an individual website or application that exceeds a refund of 1/12th of a fee paid for annual hosting for that website or application.

Code and licensing

In general we use open source components, but as websites can contain complex or specific functionality we will need to write our own code.  This code resides on our servers and supports your website.  Unless otherwise agreed, we retain the right to re-use this code. Should you decide to move your website elsewhere we will give you a royalty free license to use this code on the same website as long as you're fully paid up with us including annual hosting fees.

Programming support and upgrades

Any programming we do is done on the latest minor version of the relevant platforms we work with.  Once this goes live it is possible that subsequent upgrades stop our code working as expected.  We may come back to you to share in or bear the cost of additional programming to keep this functionality current and secure.

Extra work on your website

Websites require time and attention.  We provide security support as part of our hosting and at our discretion other help.  This is part of our relationship and we help where we can.  Unless otherwise agreed between us, we will charge you for the time taken at our current standard hourly rate or where more advanced support is required at our current advanced hourly rate.  Where you have a support agreement with us or prepaid service time we will deduct this work from that time.

Browser and device compatibility

Websites on content management systems can be complex as are the technologies surrounding them (browsers, server software etc.).  We do our best to make sure your website works acceptably and looks nice on the major current browsers.  As browsers are updated regularly, this checking is done on the current major version of the browser at the time.  We can't guarantee the website will work on all environments or devices.

Estimates

Our charges for designing and developing sites are based on an estimated time of how long they will take, which includes a certain amount of time for adjusting the site functionality and any of our coding to adapt the site to your needs.  If these needs go beyond our estimated time then we will tell you.  Further development time will incur an extra charge at our standard rates or as agreed. We will invoice for work done by phase as outlined in our quote or, for extra work, as that extra work is completed. 

SEO

Sites that we develop are built to be search engine friendly, but we do not offer search engine optimisation services.

Acceptable Usage Policy

We want our customers to make the very most of their websites.  Hence we've provided you with a platform to create as much content as you like - but  like everything we need to make sure this is done reasonably.  Here's the policy:-

1. The customer may not use, or permit use of any service for any purpose which contravenes any applicable local, national or international law or regulation.
2. The customer may not use, or permit use of any service for network abuse: the bulk sending of any kind of unsolicited network traffic, including but not limited to email, ICQ/AIM/MSN messages or newsgroup postings.
3. The customer may not use any service for the hosting or promotion of any software or services designed for network abuse.
4. The customer is entirely responsible for any activity conducted on any service, and must take steps to ensure that anyone to whom access is granted will not breach this Acceptable Usage Policy in turn.
5. The customer agrees by subscribing to a service, that the customer will fully indemnify us against any claims for loss or damage by any third party in respect of activities conducted on any service under the customer’s control.
6. The customer acknowledges that their use of their website affects some other users, and must agree to terminate, at Olamalu’s request, any activities which we deem to be degrading to the service that Olamalu provides its other customers.
7. The customer may not host any file larger than 50MB unless specifically agreed by Olamalu. 

Privacy and data protection

You are the Data Controller for the personal data on your website and we will process this personal data only as a Data Processor acting on your half. We will both comply with Data Protection Law including the General Data Protection Regulation (“GDPR”) and any other applicable UK national legislation. 

Security

You are responsible for keeping user accounts and passwords secure. If you install code, plugins or third party services on your website, you are responsible for ensuring that these are secure and up to date. In the event of a suspected compromise, malware or data breach, you commit to reporting this immediately to us.

We reserve the right to take protective action where a website or account is compromised or placing other customers or services at risk.

We maintain an Information Security Management System that is ISO 27001 certified. For more information, on our Information Security Policy and practices, please contact us.

Content copyright and font licensing

The content on your website is your responsibility, which includes responsibility for ensuring that you have the legal right to use any written content or images and responsibility for ensuring that you have the appropriate license for all fonts that are used on your website.

Domain

Unless otherwise agreed, you control your domain registration and renewal and are responsible for domain fees, transfers and DNS changes.

Design

Where we undertake paid design work for you, the Intellectual Property Rights in the final deliverables are owned by you. You grant us permission to use assets provided by you for use in this design work. We retain all right, title and interest in concepts, sketches, drafts, explorations, proposals, rejected alternatives and other work that are not incorporated into the final deliverables. We retain the right to use general knowledge, skills, experience, ideas and tools acquired during this work. You agree that we may showcase this design work in our own marketing material.

Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

We shall not be liable to a customer for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity or for any indirect or or consequential loss or damage.

Our total liability to a customer, in respect of all other losses arising under or in connection with our services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total paid by the customer.