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Terms and Conditions

Posted 11th November, 2018

Fixed includes but is not limited to the websites fixed.net, www.fixed.net, my.fixed.net and any other subdomains of fixed.net. Fixed is a trading name of Fixed Group Limited, registered in England and Wales with the registration number 11707130.

A Fixed Account refers to a user account created with Fixed. These services (Fixed Services) include a website fixing service (Site Tasks), a backup service (Backups), a monitoring service (Monitoring) and health checks (Health Checks). Fixed Services are added on a per-site basis. Fixed Services may be changed or adjusted from time to time.

The Customer refers to a user of Fixed who utilises any Fixed Services or creates a Fixed Account. Customers include both Site Owners and Delegates (Site Contacts).

Acceptance

These terms and conditions outline the relationship between Fixed and the Customer. It contains the agreement under which both parties agree to interact and must be read prior to utilising any Fixed Services. Initiating various Fixed.net features, such as starting a subscription or adding backups, requires an opt-in acceptance of these terms and conditions. Acceptance of terms applies to the whole Fixed.net account. Agreeing to terms for one site shall imply acceptance of terms for all other sites.

Account Creation and Security

The Customer is solely responsible for the security of their own account. Fixed authentication, which links a number of providers such as Google, Facebook, Twitter and Github, as well as email, is handled directly by Google Firebase Auth. Fixed will never have access to login credentials with external authentication providers.

The Customer is entirely liable for all activities conducted and charges incurred under the Customer’s Fixed Account. The Customer should inform Fixed immediately if they are aware of any unauthorised use of the Fixed Services or of the Fixed Account.

A Customer Account is for one individual only and cannot be transferred to another party. Fixed includes provision for the creation of additional website delegates and owners which should be used when adding additional contacts to a website. When adding a delegate or site owner the Customer understands the access they are giving, and will not hold Fixed liable for any activity undertaken by a site delegate on their Website. Site delegates are separately party to this agreement through their sign up for a Fixed Account.

If Fixed detects that a single account is being used by multiple customers it may choose to terminate this agreement and the Customer’s Fixed Account.

Under GDPR regulations the Customer has a right to request removal of all their personal data and information from our servers. This can be done by raising an enquiry through the Fixed Account under My Tasks. Note that this will immediately and irrevocably remove all the Customer’s data and backups from the Fixed servers.

For information on data security please see the separate privacy policy.

Websites

Websites can be added to the Fixed Account. Adding a website does not give Fixed any special access to a site, but may automatically enable features such as Monitoring or Health Checks. These free Fixed Services are provided with no warranty of any kind and should be taken as-is.

Login access and data for each website can be added through the Site Secrets function. This encrypts data in the Fixed database and logs access for the Customer and Fixed staff. Conversely, if Fixed needs to provide the Customer with any secure information it shall be provided in the form of Site Data.

The Customer warrants that they have authority to add and manage the Websites in their Fixed Account; that they either own the Website themselves and/or that they have the authority to add the Website to their Fixed Account and utilise Fixed Services on behalf of the Website owner. The Customer also warrants that any data or files provided to Fixed belong to the Customer or that they have a right to use it, and that it is legal under English law. They shall obtain all necessary licenses, waivers and consents required for the use of the Fixed Services and the material provided. Breach of this clause may result in immediate suspension of the Customer account.

Multisites are two or more distinct websites that run from a single codebase or web hosting area. A Multisite may be refused at the discretion of Fixed, or required to be added as multiple websites.

Websites that share the same codebase and show the same content (e.g. aliases) are seen as one website, whereas visibly independent sites that run from the same web-space or codebase are seen as independent websites.

Websites can be individually removed from Fixed. This will end all Fixed Services for that Website and remove records of historic activity.

Website Subscription

Subscriptions are on a per-site basis. Subscriptions add Fixed Services to the corresponding website, including regular updates, the ability to create unlimited Site Tasks with no further charge, Backups, Restores and Monitoring. Exact subscription features are detailed on the Fixed website and subject to change from time to time. Subscription features may vary from website to website at the discretion of Fixed and the Customer. Further benefits and limitations of the Fixed subscriptions are detailed below.

Subscriptions are offered either on a monthly-rolling or yearly-rolling basis, in which payment is made up-front for the corresponding period. These subscriptions offer substantial discounts over one-off payments and therefore no pro-rata discounts are given when cancelling before the expiry of the full term.

Subscriptions are renewed automatically and charged to the payment source added on file in the Fixed Account. Subscriptions have no notice period and may be cancelled at any time in the Fixed Account, leading up to 11.59pm on the day before renewal. Once a subscription renews, the Customer can cancel the renewal within 14 days of the renewal date and will be entitled to receive a full refund. After such 14-day period, the transaction is not reversible.

Except where permitted by our money back guarantee, Fixed does not offer subscription refunds.

One-off Charges

In lieu of a subscription, individual Fixed Services may be paid for on an ad-hoc basis. For example, payment for a one-off Site Task or Backup Restore. Ad Hoc payment is priced at a premium to Fixed Subscriptions. Pricing can be found on the Fixed sales website and is subject to change from time to time.

Payment must be made in advance of service being provided. If a Site Task is refused or cancelled before work commences, a full refund shall be made to the payment source. Whether a Site Task has or has not been completed is at the discretion of Fixed.

Tax

Fixed charges sales tax (VAT) as required by UK and European law as understood and interpreted by Fixed. Taxes and fees are included within all Fixed quoted pricing. Tax invoices can be viewed and downloaded in the Fixed Client Area. Tax rates and conditions may change from time to time.

Payment Providers

Fixed does not store payment information. A third party payment provider securely stores all card data and provides Fixed with a token. Fixed can automatically charge against this token under the Continuous Payment Authority (CPA) in accordance with the terms of the Customer’s subscription. Fixed shall notify the Customer when the payment will be taken, the subscription period if applicable, and the amount to be taken.

The Customer can manage payment methods in their Fixed Account. The Customer accepts that removing card details may result in their Services not renewing and being terminated in the event that a renewal payment is not made. The Customer may change their account currency if permitted by Fixed. Conversions are handled at a rate set by Fixed.

Credit

Fixed may offer Account Credit or Vouchers to customers. This is entirely at the discretion of Fixed. Account credit can be used as a voucher to discount the price of Fixed Services. Account Credit has no monetary value and cannot be refunded, withdrawn, transferred to another user, or redeemed for cash. Account Credit will automatically be used for the payment of any services including renewals, in advance of a payment method being charged.

If a payment due is higher than the Account Credit balance, a payment method shall be charged for the remainder. Invoices shall not be marked as settled and resulting work will not commence until fully paid.

Chargebacks

Chargebacks occur when a card issuer is informed that a transaction was fraudulent or disputed. This forces a refund to the Customer card and a charge to the merchant (Fixed). A chargeback will result in immediate suspension of the corresponding Fixed Services and may result in suspension or termination of the entire Fixed Account, at the sole discretion of Fixed. Fixed will require repayment of any charged back invoices and will issue an additional chargeback fee of £50 ($80), regardless of whether the Customer remains a client of Fixed.

Website Maintenance & Fixing Services

Site Tasks are offered either on a one-off basis or as part of a subscription. Tasks that Fixed offers are categorised. This category must be selected when adding a task (a Site Task Request). This category listing is subject to change at the discretion of Fixed. If Fixed deems a Site Task Request to be incorrectly categorised, Fixed may adjust the category accordingly or refuse the Site Task Request.

A Site Task Request may specify a custom task or enquiry. Custom Task Requests may be accepted or declined at the discretion of Fixed. When judging whether Fixed can or cannot perform a Custom Task Request, Fixed will follow the guidelines outlined in the Fixed Service Commitment, which is subject to change at the discretion of Fixed. In general, Site Tasks are those which might feasibly be performed by an in-house IT team, rather than a contracted website development and design agency.

Fixed alone has the ultimate say in whether or not a Site Task Request, both custom or categorised, is accepted or declined. Fixed reserves the right to refuse a Customer’s request and will provide written reasons for doing so on request by the Customer.

Each individual Fixed Task Request must be submitted as a separate task and categorised accordingly. Fixed Tasks Requests should not be duplicated. Multiple Fixed Tasks Requests may be added at once, though Fixed may put some on hold to avoid conflicts and/or duplication.

Site Tasks must correspond to the website under which they are created.

Before using any Fixed services the Customer should ensure that they have backups of their website. Fixed will attempt to backup every website before a Site Task is attempted but Fixed cannot guarantee that they have sufficient access or that this backup will be successful. The Customer should always keep their own local backups as a fallback.

The Customer is aware that there are sometimes tasks it would impossible for anyone to fix. For example, sometimes a site may be irretrievably broken, some features may simply be incompatible with either other features or the hosting environment, the website may be encoded, or Fixed may not have sufficient access in order to enact a fix. Therefore, Fixed may offer advice or alternative solutions rather than providing a direct fix.

Best Effort Service

All Fixed Services are a best effort service. Fixed cannot guarantee that any Fixed Service will be error free.

Fixed Services will always be provided with reasonable care and skill. However, Fixed gives no warranty that the Fixed Services will meet the Customer’s requirements, or that they will be complete, current, to the Customer’s expectation, or provided in an error-free way.

Fixed will use best efforts to provide the Fixed Services within an agreed or expected timescale. However, Fixed will not be liable to the Customer where a timescale is not met.

Fixed is not responsible for work done by third parties or for software or plugins. Fixed has no control over third parties including website hosts, software and plugin developers, web browsers, email clients, domain name registrars or search engines.

Indemnification

The Customer acknowledges that Fixed has no obligation to:

  • Train the Customer or the Customer’s employee, agent or subcontractor on use of the Services;
  • Manipulate in any way any material which the Customer wishes to and/or does post on any web site or other system or any communication it wishes to send via or in relation to the Services; or
  • Validate, vet or edit such material for usability, legality, content or correctness.

Each party shall fully indemnify and hold Fixed and the other party, its associated companies, employees, officers, agents and partners harmless from and against any action, demand, cost (on a full indemnity basis) losses, penalty, damage, liability claim or expense (including reasonable legal fees) whatsoever incurred by the indemnified party and arising from the indemnifying party’s breach of the Agreement, negligence or other default; The Customer’s indemnity shall also include; the operation or break down or any IT system owned or used by the Customer; or the Customer’s use of misuse of the Services.

Liability

This clause outlines the entire liability of Fixed (including any liability for the acts of employees, consultants, contractors and authorised representatives) to the Customer in relation to the agreement.

This does not exclude Fixed’s liability for death or personal injury caused by the negligence of Fixed, fraud, or a breach of section 12 of the Sale of Goods Act 1979.

Fixed is not responsible for loss of profits or loss of use, or for any special, indirect, incidental, punitive or consequential losses (of revenue, profit, goodwill, opportunity, or business), damages or costs.

If the Customer is unsatisfied with the service they have received, they may be able to request a refund under the Fixed Money Back Guarantee which is subject to change from time to time.

The maximum aggregate liability of Fixed shall not exceed one and a quarter times the amount paid relating to that website to Fixed by that Customer in the 12 month period preceding the incident giving rise to the claim.

The Customer accepts that the allocation of risk under the Agreement is a fair reflection of the nature of the Services and the level of the Fees charged for the Services.

Termination

Fixed may at any point terminate the contract. If the contract is terminated partway through the month, Fixed will refund the pro rata remainder to the Customer’s payment method within 30 days. If Fixed hosts your website, Fixed will provide 30 days notice of termination as long as the site falls within our acceptable use policy.

The Customer acknowledges and accepts that it will not own or acquire any Intellectual Property Rights in or relating to the Services or created in performing the Services and that it will have no rights in or to the Services other than the rights expressly granted in the Agreement.

The Customer will indemnify and keep Fixed indemnified from and against all reasonable costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, losses, damages, claims, demands, reasonable legal costs and judgments which Fixed incurs or suffers as a consequence of infringement of any Intellectual Property Right of any third party arising directly or indirectly from the provision by Fixed of Services making use of information or specifications supplied by the Customer; the Customer’s failure to procure all necessary rights from third parties which are from time to time required in order for Fixed to be able legally to provide the Services; or the use by Fixed in connection with the Agreement of the Customer System and the Customer Materials.

Miscellaneous

The illegality, invalidity or unenforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.

No variation or amendment to the Agreement (including any Order Confirmation) is effective unless confirmed in writing between parties.

The Agreement shall be construed in accordance with and governed by English Law. The English courts shall have exclusive jurisdiction over any disputes arising out of or related to the Agreement.

Assignment

The Customer may not assign the benefit or delegate the burden of the Agreement nor sub-license any of its rights under the Agreement (including to its Associated Company) without the prior written consent of Fixed. Any consent provided by Fixed under this clause is given on condition that the assignee or licensee, as the case may be, agrees to comply with the terms of the Agreement as if they were the Customer and that the Customer guarantees the assignee’s or licensee’s performance as applicable. Fixed may sub-contract or assign any or all of its rights under the Agreement.