Brick technology provides you with our award winning proprietary content management system. Most functionality is based upon open source technologies. What makes your Brick website superior to any others are our trade secrets and skills used in order to provide you with programming and methodology not found elsewhere. Control centres are being continually upgraded and as a valued Brick client this helps you keep ahead of emerging technology. Your website will work on most Linux, Apache, MySQL and PHP server platforms and if you do chose another provider, as long as your new provider has equal to or better skills than Brick you can take your current website pages and content with you. Of course, we hope you choose to stay with us; our expertise, support and guidance are second to none.
Your domain name belongs to you. Brick technology will transfer your domain name without let or hindrance, as long as you have paid for the registration. We look after this registration for you. Any content published on a website on your domain name is your responsibility.
Your site is hosted on Brick’s shared servers, you may wish to upgrade to your own dedicated server. Please contact us should you wish to see if you would benefit from this.
A Brick website has a totally unique way of handling news; you are encouraged to update your news items frequently. This really gives you a competitive advantage and by attending our training we will show you how this simple function will allow you to compile newsletters, distribute your RSS feed, interface with Twitter, FaceBook and many other social networking websites and blogs.
Technical support is available 24/7 via your control centre. Live help is available during regular office hours and you can use your support ticket system at any time. Emergency support is available by emailing supportbrickweb.co.uk
Training workshops are held each and every month and we hope you will take advantage of these, whether you have new employees or simply need a refresher, training workshops are held on the 1st Monday and last Friday of every month.
Business development workshops are held every month, giving you trade secrets and techniques on how to drive your online presence even further.
Your Brick website gives you real-time analytics. Once again by attending our training workshops you will see how to understand and make best use of this valuable data.
Our team are all directly employed, we do not outsource, this means that when you are ready to develop you website we already understand where you are and what your objectives are. In many cases we now recommend that you have a duplicate development website, a beta site that allows you to experiment and test concepts. Please ask us about this new service.
Web Design and Development
· Internet Marketing
· Media Production
· Design Studio Services
Website support and hosting terms
Parties:
(1) Brick technology Limited (“us/we/our”)
(2) Your Company (“you/your”)
1 Definitions
1.1 “Software” means the software supplied by us to you as a hosted service accessible over the internet. The application software provided as specified in Proposals, work-orders and in some cases as outlined in your Your Company control centre.
1.2 “Application Support” means support in respect of general application use, advice about the configuration of user options, advice about changing user details, resetting passwords and troubleshooting
1.3 “Bandwidth Quota” means the maximum number of Gigabytes permitted per month for data transfer from our servers specified in the relevant proposal
1.4 “Disk Quota” means the maximum amount of disk space made available to you for your materials on our servers specified in the relevant proposal
1.5 “System Fault” is a minor malfunction with an area of the Application Software and/or Service.
1.6 “Severe Fault” is a malfunction of an area of the Application Software or service.
1.7 “System Outage” is a condition whereby the service is unavailable due to hardware or hosting environment failure OR sustained packet loss in excess of 50% within the provider hosting facilities for at least fifteen consecutive minutes due to a failure of the provider to provide hosting services during such period. System Outage does not include packet loss that does not exceed 50% or network failure due to scheduled maintenance. System Outage also does not include inherent
problems with the applications we have installed or general Internet service failure or attack of Internet infrastructure which is beyond our control.
1.8 “Brick technology Website” means our main website at “http://www.brickweb.co.uk”.
1.9 “Mission Critical Fault” is either; a condition of site inaccessibility, or identification of a security issue relating to the Service or a situation in which an area of the Application Software becomes inaccessible.
2 Service Objectives
2.1 The Service is geared towards end-users; you need to provide internet access but do not require a full IT team. We do not expect you to have system administration expertise; this agreement therefore deals with ‘application’ and ‘technical’ support that enable you to manage the application on behalf of your institution.
2.2 We shall provide you with access to a fully hosted version of the Application Software via a secure and efficient hosting environment.
2.3 We are responsible for installation and configuration of the Application Software and the supporting software on the remote server as required for the Service.
3 Hosting Service Availability
3.1 The hosting environment shall normally be available 24/7, with a 99.2% uptime guarantee. 99.2% uptime means that for 99.2% of the time during any calendar year the Hosting Services shall be
available. (100% hosting service contracts can be purchased for a premium fee).
3.2 The hardware, software and network are monitored and maintained and shall normally be accessible twenty-four (24) hours a day, seven (7) days a week, in accordance with industry standards, except for scheduled maintenance and required repairs, in advance of which Your Company shall be notified by email and/or an announcement within the Application Software.
4 Disk Quotas
4.1 You will be issued with a Disk Quota which you shall not exceed without our consent. You will be notified by email or via the Application Software if you exceed your Disk Quota allowance.
4.2 Additional disk space may be purchased from our sales team or via your control centre.
5 Bandwidth Quotas
5.1 You will be issued with a Bandwidth Quota which you shall not exceed without our consent. You will be notified by email or via the Application Software if you exceed your Bandwidth Quota allowance.
5.2 Additional bandwidth may be purchased by contacting our sales team or via your control centre.
6 Service Credits
6.1 where system outage occurs outside the limits of section 3 of this agreement you shall be awarded the following service credits:
6.1.1 One to four hours of continuous System Outage provides a half day of service fees credited (i.e., 1/730 of annual customer fees)
6.1.2 Four to 48 hours of continuous System Outage provides one day of services fees credited ( i.e., 1/365 of annual customer fees)
6.1.3 48 to 96 hours of continuous System Outage two and a half days of service fees credited (i.e., 1/144 of annual customer fees)
6.1.4 Each block of 96 hours of continuous System Outage thereafter shall be credited five days of service fees.
6.1.5 All Service Credits shall be subtracted from your next payment to us.
6.2 If a System Outage occurs you will be notified via a web status page and/or by email. This notice will include:
6.2.1 The reason for the System Outage (if available) and
6.2.2 Estimated time for restoration of Services (if available)
6.3 We will promptly commence remedial activities and use reasonable efforts to resolve the System Outage within the time estimate provided to you.
6.4 Following recovery from the System Outage we will publish a post incident summary on our website that will include:
6.4.1 The cause of the System Outage (if determined);
6.4.2 The method used to correct the problem; and
6.4.3 The measures that will be taken to prevent a similar System Outage in the future (if any).
6.4.4 Credits will not exceed 100% of our fees.
7 System Faults
7.1 Notification of known ‘system faults’ is available 24/7 via your Brick technology Website control centre
7.2 Advanced automated monitoring and tracking software may provide system restarts, email and other notifications of progress in response to system faults.
8 Application Support
8.1 Application Support is only available if it has been specifically requested and included on the proposal. It is not provided by default.
8.2 Application support is available within normal working hours (9am – 5pm, Monday to Friday) by help desk, phone or email.
8.3 The level of support (in hours) provided per month is defined on the Proposal You will be notified by email or via the Application Software if you exceed your Application Support allowance.
8.4 Support requests must follow the procedures outlined within the proposal
8.5 Additional support may be purchased by contacting our sales team.
9. Financial Arrangements
9.1 Length of service. Your Company agrees to pay in advance for 12 months or in 12 monthly instalments via standing order.
9.2 Service start date. The first payment which is due in advance of any service provided.
9.3 Renewal. Service will automatically renew unless cancelled in writing by Your Company giving 30 days prior notice. Renewal prices are subject to change.
9.4 Failure to pay. Failure to remit payments is cause for the removal of Brick technology Limited’s services. Brick technology Limited will not be liable for any loss of content or data under these circumstances and a reconnection fee will apply.
10 Refund policy
10.1 As detailed above, cancellation by company must be received in writing giving 30 days notice.
10.2 Setup charges, charges for domain names, digital certificate payments are not refundable.
10.3 company shall not be entitled to any refund should this agreement be terminated due to a violation of your website’s Terms of usage policy published at www.your-company.com/terms-of-usage.html
11 Terminations
11.1 This agreement may be terminated by either party, without cause by giving the other party 30 days written notice. Written notice may be by postal, email or facsimile transmission. Brick technology Limited reserves the right to verify all cancellations before terminating service. Notwithstanding the above Brick technology Limited may terminate service without notice or penalty if Your Company fails to comply with its legal obligations.
11.2 company may be liable for certain fees when termination is due to unsolicited email distribution (according to the EU directive on unsolicited bulk mail) or by breaching third-party intellectual property rights.
12 Limited Liability:
12. 1. Your Company expressly agrees that use of the Server offered by Brick technology Limited is at Your Company sole risk. Neither Brick technology Limited, its employees, affiliates, agents, merchants, licensers or the like, warrant that the Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the Brick technology Limited service.
12.2. Under no circumstances, including negligence, shall Brick technology Limited, its offices, agents or anyone else involved in creating, producing or distributing Brick’s' service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Brick technology Limited service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Brick’s' records, programs or services. Your Company hereby acknowledges that this paragraph shall apply to all content on Brick technology Limited’s service.
12.3. Notwithstanding the above, Your Company exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence, or otherwise, shall not exceed the aggregate amount which Your Company paid during the term of this Agreement.
13. Lawful Purpose:
Your Company may only use Brick technology Limited’s service for lawful purposes. Transmission of any material in violation of any International or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.
14 Indemnifications:
Your Company agrees that it shall defend, indemnify, save and hold Brick technology Limited harmless from any and all demands, liabilities, losses, costs including reasonable legal fees asserted against Brick technology Limited, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Your Company its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Brick technology Limited against Liabilities arising out of any of the following:
any injury to person or property caused by any products sold or otherwise distributed in connection with Brick technology Limited service;
any material supplied by Your Company infringing or allegedly infringing on the proprietary rights of a third party;
copyright infringement; and any defective product which Your Company sold on the Service offered by Brick technology Limited.
15. Domain Name Ownership, Disputes, and Use
Any domain name registered by Brick technology Limited on behalf of Your Company is the property of Your Company after Your Company has paid Brick technology Limited any registration fees that Brick technology Limited has incurred on behalf of the client. Brick technology Limited claims no ownership over Your Company’s domain names that Your Company has paid to register. At its option, Brick technology Limited will either arrange for any billing for names registered by Brick technology Limited on behalf of Client to be sent directly by the registrar or agent thereof to Your Company or Brick technology Limited will directly bill Your Company for these registration fees plus applicable expenses, and/or service charges, if any.
Your Company agrees that Brick technology Limited may be presented with information that Your Company domain name/s possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, Your Company agrees to the following:
Your Company agrees to hold Brick technology Limited harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether Domain Name Service hosting for Your Company domain/s is/are hosted at or continued to be hosted at Brick technology Limited.
Your Company agrees that Brick technology Limited has the right to discontinue name service in the event of such dispute over Your Company domain name/s.
Your Company agrees that should Brick technology Limited discontinue name service for Client's domain upon notification of such dispute that Brick technology Limited will not be liable for any loss of business, interruption of business, loss of Your Company domain name/s, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Brick technology Limited has been advised of the possibility of such damages.
In no event shall Brick technology Limited’s maximum liability exceed one hundred (£100.00) pounds sterling.
Your Company agrees that a Brick technology Limited contact person shall be named as the “technical or zone contact” for any domains hosted at Brick technology Limited. Client agrees that Brick technology Limited may create and use network resources with the Your Company domain name/s for administrative, testing, and network infrastructure enhancement purposes.
16 Agreement Acceptance:
Your Company agrees that it is their responsibility for the upkeep of all/any domain name registrations.
This agreement is deemed to be in force by Your Company logging in or using any online Brick technology Limited’s services after receiving this notice.
This service document is enforceable under United Kingdom, European Union and International law and does not affect your statutory consumer rights under English law.
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