Terms of Service

April 2021

Terms and Conditions of Image ICT Solutions Ltd trading as Image IT, Optiweb, Flo Web Design, and Storm Web Development.

Acceptable Use Policy (AUP) and Terms of Service (TOS) for Image ICT Solutions Limited.

This document details Image ICT Solutions’ Acceptable Use Policy (AUP) and Terms of Service (TOS) for all customers availing of IT Services, Computer Hardware & Software installation services, Backup Services, IT Support, Email Services, Web Design & Development Services, Shared Hosting Services, Dedicated VPS, Domain services and any other service provided by Image ICT Solutions.

IT Support Services, Backup Online Services, Domain Renewal, Hosting Services, Anti-virus, Microsoft Office 365 and all other IT & Web services (antispam, domain etc..) are provide for a minimum duration of 12 months. In some cases, billing may be done monthly or quarterly but the contract duration is always 12 months. Furthermore, all services are provided on a rolling 12 month contract basis. Should clients wish to cancel services at the end of a 12 month rolling contract period, a minimum of 4 weeks’ notice must be provide before the new 12 month term commences.

Refunds will not be provided under any circumstances.

The customer will be billed for support services in advance and payment is required within 7 days following date of invoice.

All hardware/ software installed and/or configured by Image ICT Solutions will be inspected by Image IT engineers to ensure correct operation on completion of installation. A period of 1 week will be allowed for clients to test hardware/ software to their satisfaction. After this period, the hardware/ software is considered to have been correctly installed and, thus, it is then the responsibility of the customer to report all malfunctions to Image ICT Solutions, which will be resolved on a chargeable billing basis.

As regards Internet/E-mail solutions, any connection problems due to failings of the user and or their Internet Service Provider, are deemed to be outside the remit of Image ICT Solutions.

Where invoices are not paid within 7 days, Image IT is not responsible or liable for the repair and / or delivery of any service or hardware installation.

Loss or Damage

Image ICT Solutions Ltd shall not be liable to the customer for any loss or damage whatsoever or howsoever caused directly or indirectly in connection with any service/ hardware provided by Image ICT Solutions, except to the extent that such liability may not be lawfully excluded.

Consequential loss or damage

Image ICT Solutions expressly excludes liability for consequential loss or damage arising from any service or hardware installed or provided by Image ICT Solutions resulting in customer loss of profit, business, revenue, goodwill or anticipated savings, including but not limited to Backup Online Services and Web Backup Services.

Service delay

Image ICT Solutions shall not be liable for any damages caused by delay in delivering or furnishing any services or hardware nor liable for any negligence.

Service results

Image ICT Solutions does not guarantee results but merely agrees to use reasonable diligence in attempting to accomplish its obligations and shall be entitled to payment on that basis.

Image ICT Solutions shall not be liable for any non-performance of any service provided and to the extent that it shall be unable to carry out its obligations owing to any circumstances beyond its control including but not limited to force majeure, war, acts of God, Government acts, fire, flood, explosion, industrial dispute or impossibility of obtaining materials.

Legal jurisdiction is the Republic of Ireland.

All services provided by Image ICT Solutions 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 Image ICT Solutions. The client agrees to indemnify Image ICT Solutions from any claims resulting from the misuse of this service.

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 Image ICT Solutions’ web servers. In the event a script affects normal server operation, Image ICT Solutions reserves the right to disable the account.

The installation of Proxy servers are prohibited.

Account Limits

The following limits are set for accounts on Business Plus Shared hosting servers:

• 1 CPU core
• 1GB RAM
• 50GB bandwidth
• Maximal percentage of CPU time: 50 %
• Maximal number of concurrent web-server requests: 20
• 50,000 inodes (files and directories)

Customer Email

Server POP3 & IMAP Email service is provided free of charge as part of Image ICT Solutions’ Business Plus website hosting service. Image ICT Solutions does not accept any liability for interruptions in mail flow or for loss of Emails under any circumstances. Image ICT Solutions can provide client-side IT support on a chargeable basis or under a support contract, 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: Image ICT Solutions 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

Image ICT Solutions may offer clients Backup Online Services for their website, which is provided on a best endeavours basis. Image ICT Solutions does not accept any liability for data loss, data corruption, or data breaches.

Domain Transfer and Domain registration

When requested by clients, Image ICT Solutions will initiate domain transfers, and register new domains on a best endeavours basis, and subject to domain availability. It is the client responsibility to authorise domain transfer requests.

Client Care Web Support Service

As part of your website client care package, 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

Image ICT Solutions’ reserves the right to refuse or cancel service. Accounts cancelled due to policy violations will not be refunded.

Spamming

You must not use Image ICT Solutions’ servers or services for spamming and/ or for mass emailing messages.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Image ICT Solutions (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Image ICT Solutions, 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

Image ICT Solutions understands and recognizes its obligations under GDPR. Data collected by Image ICT Solutions 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.

Image ICT Solutions offer a website backup online service to clients. All data is stored and backed up to Image ICT Solutions’ servers and / or partner companies for the sole purpose of restoring data at the request of customers.

Image ICT Solutions 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 Image ICT Solutions. All queries relating to data privacy should be address to- Data Controller, Image ICT Solutions Ltd, Unit 5, Donore Road Industrial Estate, Drogheda, Co Louth.

Copyright

All rights in the design, coding, text, graphics or otherwise on websites, applications, and portals created by Image ICT Solutions are in sole and exclusive ownership, and therefore are the copyright of, Image ICT Solutions Limited, their contributors and/or other Third Parties. Image ICT Solutions 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 Image ICT Solutions and/or other Third Parties to reproduce same. Image ICT Solutions 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 will not be responsible for any damages your business may suffer. Image ICT Solutions makes no warranties of any kind, expressed or implied for services we provide including Backup Online Services. Image ICT Solutions 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 Image ICT Solutions and its employees. Image ICT Solutions makes no “uptime” guarantees on shared hosting accounts. Image ICT Solutions keeps backups of key server systems only and these backups are not available for customer use. Image ICT Solutions can accept no responsibility for any loss of data or consequences arising from this or from the provision of Backup Online Services. Image ICT Solutions always advises clients to back up their site data regularly for their own protection. Other backup systems provided are given as a courtesy only, and should not be depended upon for ensuring your data is secure. Image ICT Solutions furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Image ICT Solutions. 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 Image ICT Solutions then Image ICT Solutions will not be responsible for maintaining hosting for the resellers customers. All communications (emails, verbal or written) are between Image ICT Solutions and the client. These communications are private and are therefore not to be shared with any other parties. Finally, Image ICT Solutions wishes to emphasize that in accepting services, customers indemnify Image ICT Solutions for the violation of any law or Image ICT Solutions policy that results in loss to Image ICT Solutions or the bringing of any claim against Image ICT Solutions. This means that if Image ICT Solutions is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Image ICT Solutions plus costs and reasonable legal fees. Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation. Image ICT Solutions reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice