1. The Customer subscribes to the Plan and agrees upon and accepts these Terms & Conditions.
2. The Customer warrants the Plan meets the Customer’s needs at the commencement date and for the duration of the subscription plan term.
3. The Customer may change Plans with the consent of Brandable Themes and the Customer shall pay any additional service fees or charges from the start of the next billing period.
1. Brandable Themes will host the Customers Website on the Network.
2. Brandable Themes shall maintain the Network and host the Customers Website in accordance with industry practice. Brandable Themes may update the Network at any time and in such manner as it thinks fit.
3. Brandable Themes shall use reasonable endeavours to ensure the Network and hosting service is available at least 99.9% of the time in each calendar month during the term of the plan, except where:
A. Brandable Themes has suspended the service because the Customer is in default of the Contract (e.g. for non-payment of an invoice);
B. Factors outside Brandable Themes reasonable control disrupt the Network (e.g. a DDoS attack or third party system failure);
C. Brandable Themes conducts scheduled maintenance or remedial maintenance.
D. If the Network and/or Hosting Service is not available at least 99.9% of the time in each calendar month or part thereof during the term of the plan, Brandable Themes shall refund to the Customer, for each period of 30 minutes that the Network and hosting service not available (‘Downtime’), 5% of the service fees paid by the Customer for that calendar month up to but not exceeding 100% of the service fees for the calendar month. Downtime shall be measured from the time it is reported by the Customer to Brandable Themes until the Network and hosting service are restored and the Customers Website is able to transmit and receive data again. This shall be the Customers sole entitlement in the event of downtime. The Customer accepts that occasionally downtime arises and agrees it shall not be entitled to any other compensation or payment by Brandable Themes for or in respect of downtime (howsoever caused).
E. Brandable Themes does not guarantee or warrant any search engine optimisation or ranking for the Customers Website.
F. Brandable Themes provides the Customer GB of asset data/storage as per the plan subscription. This limit is negotiable and includes product images, miscellaneous files and assets which come bundled with the software.
G. In cases where a heavy volume of traffic to the Customers Website, The Customers control panel or the Customers Website API is causing performance or availability issues for other Customers, Brandable Themes shall work within reason to accommodate, and reserves the right to limit traffic.
H. Brandable Themes does not provide the Customer with access to the control panel under any circumstances apart from the email hosting software.
2. The Customer shall use the Login Codes to access the SaaS.
3. The Customer shall configure the SaaS to its requirements using the features and functionality made available through the Brandable Themes SaaS platform. Brandable Themes may assist with but is not responsible for configuration of the SaaS for the Customer.
4. The Customer shall keep the Login Codes strictly confidential and secure from third parties.
5. Brandable Themes may access the SaaS, Customer Website, Data and any Service at any time for any reason without the prior consent of the Customer and without giving prior notice to any person for doing so.
2. The Customer shall only permit its users and employees who are authorised users to use the SaaS.
3. The Customer shall permit no more than 4 employees the licensed number of users to access and use the SaaS at any time.
5. The Customer shall not conduct or solicit third-parties to conduct penetration or vulnerability testing on their website.
2. The Customer licenses, and warrants that Brandable Themes is authorised, to use, copy, modify, configure and integrate the data, content and Website Front-End Templates supplied by the Customer for the purposes of these general terms & conditions.