Terms & Conditions

Terms & Conditions 2019

Fountain Productions trading as Fountain Digital Ltd

Unless otherwise stated, the following definitions apply to this document:

  • we, us and our are references to Fountain Digital Ltd;
  • you and your are references to the person paying for the website, IT Support & Web Application.


Contents:

1. Website and/or Application Rental
2. Website Amendments & Updates
3. Payments
4. Contract
5. Hosting
6. Ownership & Rental
7. Domain Name Registration
8. Browser Compatibility
9. Materials Provided by You
10. SEO (Search Engine Optimisation)
11. Annual Web Hosting
12. Personal Information
13. Conditions
14. Backups
15. Bandwidth
16. Security
17. Content
18. Prohibited Content
19. Business IT Support
20. Data Protection
21. Email & Communication
22. Data Backups
23. Backing up Zimbra data
24. Partnership/Affiliate
25. Fair use Policy
26. Pricing
27. Legacy Customers
27. E-Commerce
28. Changes to our Terms and Conditions


1. Website and/or Application Rental


Whilst we will make every effort to ensure that our websites and web applications are free of errors, we will not accept responsibility for any losses incurred due to the malfunctioning of our software or any part of it.

We are not liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. We are not responsible for problems arising from modifications made to your website and/or web app made by you or a 3rd party.

2. Website Amendments & Updates


Once you have viewed and approved your website Fountain Digital Ltd will make the website live for public viewing. If after this time you wish to make any alterations to the website then inclusive of your monthly website rental fee is the ability to request unlimited minor amendments and updates to your website*, minor amendments are inclusive of the following:

  • Text e.g. content, colour of text and font style
  • Adding images to an agreed existing photo gallery
  • Testimonials
  • Home Page Slider
  • Standard contact us page which includes a contact form capturing contact details: Full Name, Email Address, Phone Number and a Comments Box. Any advanced contact form capturing requests may be subject to a bespoke form development which will carry a separate fee.

Please note minor amendments do not include changes to graphical design, website layout and additional pages. Alterations to graphical design and website layout will incur an additional fee. A quotation can be provided by Fountain Digital Ltd upon request.

Any additional pages over the standard pages highlighted in the “Business Start-up” or the “Business Development Package” will carry an additional monthly fee. Please refer to our website pricing matrix here: https://www.fountaindigital.co.uk/websites/website-design
Fountain Digital Ltd will not carry out any works until you have provided us with all the website copy/content, images and website menu items. Fountain Digital Ltd will not provide any copywriting services or stock images for your website. These services can be purchased additionally upon request for a set fee.

*Website Rental CMS (Content Management System) and static websites.
Unlimited website amendments and updates are subject to our fair usage policy. (Please see page 13)


3. Payments

We require the website fee, set out in the signed website agreement signed by you to be paid by Direct Debit on or around the 14th/15th of each calendar month. Payment will be collected the first month from signing the website agreement form/contract.

If a payment is missed, we reserve the right to suspend the website and any email accounts hosted by Fountain Digital Ltd with immediate effect. Once any outstanding invoices/payments have been paid in full we will re instate your website and email accounts.

4. Contract

The minimum period for your contract is stated in your signed agreement. If you terminate this agreement/contract between you and Fountain Digital Ltd before the end of the agreed signed agreement/contract term you will be required to pay the full remaining outstanding balance in full.

At the end of your agreement/contract your agreement/contract will automatically be renewed on a rolling month, if you wish to terminate your one month rolling contract Fountain Digital Ltd require one month’s written notice emailed to accounts@fountaindigital.co.uk or posted to: Fountain Digital Ltd, 10 West Terrace, Eastbourne, East Sussex, BN21 4QX. Upon receipt of this notice Fountain Digital Ltd will issue you a final invoice and the account will then be scheduled for closure.

5. Hosting

1. Monthly website hosting is included only include on Business Startup, Advanced Startup & Business Development
2. Individual 2GB hosted Zimbra Collaboration email accounts are included within your rental package (Please refer to our website packages here: https://www.fountaindigital.co.uk/websites/website-design
3. Google Analytics creation is actioned upon request to view your website statistics, you must have an active Gmail account to view the website analytics.

Additional Email Accounts can be added for an additional monthly or annual fee.

6. Ownership & Rental

A rented website remains the property of Fountain Digital Ltd during the contract period. If you wish to cancel your agreement/contract after the initial twelve months Fountain Digital Ltd can provide you with a monthly or annual website hosting fee. Your website can be transferred to another Webflow developer of your choice at https://experts.webflow.com. Fountain Digital E-Commerce stores are charged at a monthly fee listed on page 14.

If you wish to keep your email accounts active after you have cancelled your agreement/contract with Fountain Digital Ltd, Fountain Digital Ltd can provide you with a monthly or annual hosting fee to retain your email accounts. If you have purchased a website outright from Fountain Digital Ltd this will not include updates, all updates thereafter are charged at £45+vat per hour. Also please see the Hosting section on Page 3.


7. Domain Name Registration

Our website rental packages do not include any Domain Names, if you require the purchase of any domain name/names you will be required to purchase these at your own cost. Should we purchase any domain name on your behalf, we will invoice you accordingly. If you manage your own Domain Name/Names and DNS settings these must be configured correctly to point to our servers, if the DNS settings are incorrectly pointed to our network Fountain Digital Ltd has the right to suspend the account.

8. Browser Compatibility

We will make every effort to ensure that any website we develop will function correctly when viewed in all major internet browsers. However, we cannot guarantee a website will correctly function with all browser software.

1. Fountain Digital Ltd will only support Internet Explorer 11 and above.
2. In the case of a web application we reserve the right to specify the only browser that is supported by Fountain Digital Ltd.

On January 12, 2016 Microsoft announced end of support for: IE10, IE9, and IE8 on Windows 7, Windows 8.1, and Windows 10. Internet Explorer 11 is now the last version of Internet Explorer on these platforms. If you are still using any of these outdated browser

platforms, then you are putting your computer system and networks at risk of malware and cyber attacks. https://www.microsoft.com/en-gb/WindowsForBusiness/End-of-IE-support

9. Materials Provided by You

We will not accept responsibility for any copyright infringement caused by materials submitted by you. We reserve the right to refuse to use any copyrighted material unless you provide us with proof that you have permission to use such material.

We will not use material provided by you if it includes the following:

1. Adult themes
2. Foul or abusive language
3. Warez
4. Illegal MP3 or other media downloads
5. Slander or libel
6. Impersonations
7. Promotion of violence or terrorism
8. Racial, sexual, age or political discrimination
9. Other content we deem inappropriate

The definition of "adult themes" is left entirely to our discretion. The definition of “warez” is left entirely to our discretion.

10. SEO (Search Engine Optimisation)

Fountain Digital Ltd will only complete and provide the below works 1-5 prior to any website going live. (Legacy clients please see Page 14)

1. Title Tags
2. Description Tags
3. Website Sitemap
4. Submission to Google Webmaster Tools
5. Google Analytics – Please refer to page 3 “Hosting”

Any website rental package does not include:

• Content writing
• Keyword research and on page optimisation
• Monthly software reporting
• Open Graph Images
• Graphical works or design
• Social Media Platforms
• Google Business
• Image Alt Tags
• Structured Data Markup
• Website template design changes

We no longer offer additional hours at £45+vat per hour, If you would like to upgrade your SEO package or require additional SEO works to be carried out, please contact us on 01323 887387 or email info@fountaindigital.co.uk so we can assist you.

Please see our new SEO packages below:

https://www.fountaindigital.co.uk/websites/seo-services

Fountain Digital Ltd can not and will not guarantee any page rank position or any loss of the page ranks indexed by search engine providers.

11. Annual Web Hosting

Fountain Digital Ltd only offers website hosting for websites we have created. account that. We will if requested by you, register a chosen domain name on your behalf and charge you accordingly. We will purchase the domain name through our 123-Reg Account. We do not place your details on the whois output this will remain as Fountain Digital Ltd. However, if you commit any sort of illegal activity or breach our terms and conditions we reserve the right to provide the appropriate personnel with your details. Please also refer to page3 “Hosting”

We will endeavour to maintain a continuous service. However, you accept that server downtime, whether for system upgrades or any other reason, may occur. We will not be liable for any period of downtime or data loss and there will be no compensation paid.

We are not responsible for any losses resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation

12. Personal Information

The only personal information we hold about you and your business is your name, address, contact details and the names of websites we host for you. Should Fountain Digital Ltd hold any administration Admin passwords these are held in a secure keypass file and can only be accessed by an authorised member of staff, please ask to see our Data Protection Policy.

All client information will not be shared with anyone. Please refer to our Privacy Policy which can be found on our website: https://www.fountaindigital.co.uk/privacy-policy#cookies

13. Conditions

By subscribing to an account with Fountain Digital Ltd and your continued use of the account means that you agree to be bound by these terms and conditions. These terms and conditions apply to all accounts you have with us.

Multiple domains may not be hosted on a single account. Subdomains (where provided) may be used as an extension of the main website. Subdomains may not be used to host additional websites.

Any domain names that are forwarded to a website hosted by us or added (using either another providers forwarding service or the Add on or Parked domains feature in the control panel) must belong to the account holder.

14. Backups

All hosted data is backed up on a daily basis, all data can not be guaranteed to be backed up successfully or correctly without errors and you are solely responsible for ensuring you have a copy of your own personal data.

15. Bandwidth

If your account exceeds its monthly bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your account and continue to exceed the limit, the account will be suspended until you have increased your monthly bandwidth limit. For more information please contact accounts@fountaindigital.co.uk or 01323 887387

16. Security

You are responsible for any misuse of your account and you must take steps to ensure that others do not gain unauthorised access to your account. Your password provides access to your account and it is your responsibility to keep your password secure. Sharing your password and account access with unauthorised users is strictly prohibited. You must prevent others from using your account since you will be responsible for the consequences.

Attempting to obtain another user's account password is strictly prohibited, and will result in termination of your account. You may not use your account to breach the security of another account. You may not attempt to circumvent user authentication or security of any account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of an account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing
programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to; "flooding" of networks, deliberate attempts to overload a service, and attempts
to "crash" a host.

17. Content

An account provided by us may only be used for lawful purposes. Use of our account to infringe upon any copyright, patent or trademark is prohibited. This includes but is not limited to the offer of sale of any counterfeit merchandise of a trademark holder, unauthorised copying of music, books, photographs, or any other copyrighted work.

We reserve the right to suspend or terminate an account immediately in the event of an infringement or suspected infringement (as defined in the preceding paragraph) by you. We also have the right to suspend any account immediately if there is a legal dispute concerning any of the content on your website.

If you believe that one of our accounts is being used to infringe a copyright, patent or trademark please email support@fountaindigital.co.uk with the appropriate information.


18. Prohibited Content

We do not permit you to use your account to display on a website or otherwise disseminate any of the following content:

1. Adult material
2. Foul or abusive language,
3. Warez
4. Illegal MP3 or other media downloads,
5. Slander or libel
6. Impersonations
7. Promotion of violence or terrorism
8. Racial, sexual, age or political discrimination
9. Archives of image, music or video files or other files for download that may put a serious strain on our hosting facility
10. Chat rooms
11. Other content we deem inappropriate

The definition of "adult material" is left entirely to our discretion of and includes but is not limited to all forms of pornography, links to adult sites and advertisements for escort agencies and other adult services.

The definition of “warez” is left entirely to our discretion of and includes but is not limited to pirated software, ROMS, emulators, phreaking, hacking, and password cracking. It also includes any sites which provide "links to" or "how to" information about such material.

We reserve the right to suspend or terminate any account immediately that is being used to display on a website and/or otherwise disseminate any of the above prohibited content.

If you believe that one of our accounts is being used to display on a website and/or otherwise disseminate any of the above prohibited content, please email support@fountaindigital.co.uk with the appropriate information.


19. Business IT Support

Fountain Digital Ltd shall provide, or procure the provision of the Services to the Customer as set out in the Accepted Order(s).  The parties may agree amendments to this Agreement by the submission and acceptance of new or replacement Orders.

Fountain Digital Ltd will use reasonable endeavours to provide the Services promptly, having regard to the availability of personnel, necessary supplies and facilities and commitments to other Customers.  All dates or times quoted for commencement or completion of any part of the Services are estimates only.

Services may be provided onsite or remotely via the Customer’s Internet connection or by telephone, at Fountain Digital Ltd sole option.  Where, in Fountain Digital Ltd sole and reasonable opinion, it is necessary and/or desirable for the Customer to install remote support software, such software will be provided by Fountain Digital Ltd.

Fountain Digital Ltd shall be entitled to make variations and additions to the Services from time to time, acting reasonably, for operational reasons (provided that these do not materially, adversely affect the Services), to comply with any legal or regulatory obligation or for any other reason.

Without prejudice to Fountain Digital Ltd other remedies, Fountain Digital Ltd may suspend all or part of the Services without prior notice if Fountain Digital Ltd reasonably believes the circumstances justify this to protect itself or others, to comply with any law, where the Customer has failed to pay any Charges, or if any events occur which would entitle Fountain Digital Ltd to terminate this Agreement.  In making the decision to suspend the Services, Fountain Digital Ltd is not obliged to consider the cost or damage to the Customer that may be caused by suspension of the Services to the Customer.  Fountain Digital Ltd may also suspend all or part of the Services to carry out maintenance where, in Fountain Digital Ltd reasonable opinion, it is necessary or desirable to do so.  In such event Fountain Digital Ltd shall provide the Customer with as much prior notice as is reasonably practicable.

20. Data Protection

The Customer shall act in accordance with the provisions of the Data Protection Act 1998 and all other applicable data protection legislation at all times.  

The Customer and Fountain Digital Ltd acknowledge and agree that the Customer is the data controller and that Fountain Digital Ltd is a data processor in respect of all personal data of Customer personnel (as such terms are defined in the Data Protection Act 1998).  The Customer therefore confirms that it is solely responsible for ensuring that any data processing and security obligations that arise from the provision of the Services comply with applicable data protection law.  

Fountain Digital Ltd will only process personal data for the purposes of providing the Customer with the Services. Fountain Digital Ltd has in place and will maintain for the duration of these terms and conditions appropriate technical and organisational measures against the accidental, unauthorised or unlawful processing, destruction, or disclosure of personal data and adequate security programmes and procedures to ensure that unauthorised persons do not have access to any equipment used to process personal data.


21. Email & Communication

Fountain Digital Ltd provide hosted instances of Zimbra Collaboration Solution, setting up, administering, and provision of end-user accounts within the Service is carried out online via an administration portal. The physical infrastructure within the cloud computing platform is a shared environment. The Service is provided centrally from Fountain Digital Ltd servers and the platforms are connected to the Internet.

You are responsible for providing connectivity between your premises and Fountain Digital Ltd servers. Fountain Digital Ltd email platform is based on Zimbra enterprise-class email, calendar and collaboration solution. Specific software versions may change from time to time. You will be provided with the agreed GB of space for which you will be charged a monthly recurring fee per GB. These charges will apply regardless of whether or not
you allocate the mailboxes to your end users. The Service is over HTTPS Web Services/ ActiveSync Enabled. This Service enables end users to access email, contacts and calendar via the internet using a secure web browser.

22. Data Backups

Fountain Digital Ltd Servers are configured to backup every night and keep two days retention of backups onto encrypted drives which are stored in an alternative location. Your data and emails are not guaranteed to be backed up correctly without errors. It is solely your responsibility to ensure your Data is being correctly backed up and securely and stored offsite. Fountain Digital Ltd will not take any responsibility for any failed backups or data loss or corruption.


23. Backing up Zimbra data

1. Login to Zimbra and choose the “Preferences tab”
2. On the left you will see the following options (Import /Export)
3. Choose the Import / Export option
4. To backup your whole mailbox, just choose the export button on the right hand side.
5. Download and save to your preferred location

24. Partnership/Affiliate

Fountain Digital Ltd are partners and or affiliates of the following products. Fountain Digital Ltd support the following programs and products for clients.

1. Microsoft Office 365 (Infinity Group)
2. Autotask Workplace
3. Zextras for Zimbra
4. Ecwid
5. Mailstore
6. Zen

• Security in Office 365 Whitepaper can be supplied upon request
• Autotask Security Architecture Guide can be supplied upon request

25. Fair use Policy

Fountain Digital Ltd Fair Use Policy must not exceed the following:

a) Website Rental without (CMS) - No more than two hours per week to be exceeded
b) Website Rental with (CMS) - No more than two hours per week to be exceeded
c) No more than one hours’ telephone support per week
d) Email accounts can not exceed 6GB
e) Static website pages cannot exceed one hundred
f) (CMS) Content Management Items/Collections cannot exceed 2,000
g) Onsite & Remote IT Support monthly contract not to exceed 5 hours per week, if this is exceeded you will be charged according to our rates set out below in pricing:

Business IT Support Emergency Response Time
*1 Hour Emergency Response Time
*3 Hour Emergency Response Time
*6 Hour Emergency Response Time

Business IT Support Non Emergency Response Time
*6 Hour Non Emergency Response Time
*12 Hour Non Emergency Response Time
*24 Hour Non Emergency Response Time

*These response times are dependant on the IT Support contract in place.


26. Pricing

• Fountain Digital Ltd working hours are between Monday-Friday 9am-5:00pm. Our hourly rate is charged at £45+vat
• Out of hours rate (On Call/Call Out) hourly rate is charged at: £90+vat


27. Legacy Customers

Legacy customers that are on a rolling 1 month or 12-month contract and have an agreed one or two hours SEO (Search Engine Optimisation) as part of the agreement the SEO only covers the following.

• Meta Title Tags changes if required
• Description Tags changes if required
• Monthly Google analytics reports only upon request
• Google search console fetch
• Sitemap Update

The package does not include:

• Content writing
• Keyword research and on page optimisation
• Monthly software reporting
• Open Graph Images
• Graphical works or design
• Social Media Platforms
• Google Business
• Image Alt Tags
• Structured Data Markup
• Website template design changes

We no longer offer additional hours at £45+vat per hour, If you would like to upgrade your SEO package or require additional SEO works to be carried out, please contact us on 01323 887387 or email info@fountaindigital.co.uk so we can assist you.

Please see our new SEO packages below:

https://www.fountaindigital.co.uk/websites/seo-services

28. E-Commerce

eCommerce shops are charged on a monthly basis; prices can be found here: https://www.fountaindigital.co.uk/store/ecommerce also please refer to “Hosting – Page 6” page. Our eCommerce platform is built on Ecwid. Fountain Digital Ltd are not responsible for adding new products/categories/shipping/collecting payments or updating existing products. The administration of Ecwid is solely down to you as the client. Fountain Digital


Ltd will install & setup Ecwid with a total of no more than 5 test categories and products. Fountain Digital Ltd will provide training support if required and technical support.

29. Changes to our Terms and Conditions

We reserve the right to change our Terms and Conditions. We will post these changes on our website (https://www.fountaindigital.co.uk) continued use of your account means you accept the changes we have made.