Terms and conditions
When placing an order online with Small Business 10X you agree and are bound to the terms and conditions outlined below. By ticking the checkbox relating to the terms and conditions when signing-up to our service, you are legally bound by these terms. If you do not agree with these terms and conditions you may not use the service.
Small Business 10X reserves the right to amend these terms and conditions at any time. We do not currently charge VAT on any of our services.
I. Description Of The Services
1.1. The Company will provide services available in the chosen plan or service the Client has signed up for.
2. Definition Of The Terminology Used In This Document
2.1.The terms “Your” or “You” is the end user accessing the website or using our services. “Us” or “We” or “Our” stands for our business Small Business 10X.
2.2. The term ‘Project’ stands for any work Small Business 10X undertake or any service provided by us, described on our website based upon the applicable plan.
2.3. The term ‘Live Date’ describes the date your website will be published.
2.4. The term ‘Hosting’ describes an essential service required for your website to work online.
2.5. The term ‘Domain’ describes your websites address, which specifies an available domain name or self-owned domain name, which will be used for the client’s website.
2.6. The term ‘Open Source’ is describing the use of software freely available for anyone to use under the GNU General Public License.
2.7. The term ‘Content’ describes both the images and text used on a client’s website.
The terms ‘Contract’, ‘Agreement’ and ‘Terms & Conditions’ is all terms used for this Contract Agreement.
The term ‘SEO’ stands for ‘Search Engine Optimisation’ in full.
3.1. The person signing up for the website plan will automatically be assigned as the sign off person and is the only person authorised to request changes or cancel the contract. If the Client wishes to give another person this authority too, the Client will need to contact the Company with their name and email address and the Company will add them to the approved list.
3.2. If the Client no longer wishes for this additional person(s) to have this authority it is the Client’s responsibility to inform the Company.
4. General Business Terms
4.1. Unless otherwise agreed in writing by a Director of Small Business 10X, our standard Terms and Conditions shall apply to all clients.
4.2. This Agreement has been entered into in Great Britain and any disagreement arising shall be covered by the laws of England & Wales including any arbitration, mediation or court action.
4.3. These Terms and Conditions are subject to change and may be updated from time to time. Any changes will be communicated by email to the email address provided on sign up.
4.4. No failure or delay by any party in exercising its rights under these Terms and Conditions shall be deemed to be a waiver of any of those rights.
4.5. Any delivery time estimates quoted by Small Business 10X for the services is an estimate only and time shall not be of the essence. We shall not be liable for any failure to meet any such estimate, nor any loss, of whatever nature, resulting directly or indirectly from it.
4.6. To maintain our portfolio credentials and the integrity of any applicable copyrights, we will place a “website/powered by Small Business 10X” ‘type’ link back to our own site in the footer of all our websites. We reserve the right to reproduce images of your website in marketing and or portfolio listings of previous work we have completed.
4.7. When the Client is supplying images/graphics/text copy/video and any other media for use on the website, the Client warrants that they either own the copyright for this content or have obtained permission from the copyright holder and can therefore legally and reasonably use the content on the website. Small Business 10X shall not be liable for copyright infringement related to any content provided by the Client, your agents or representatives. The Client will hold harmless, protect and defend Small Business 10X, our agents and subcontractors against any claims arising from content provided to us by the Client.
4.8. The Client is solely responsible for the editorial content of the material included on the website. The Client agrees to indemnify (hold harmless) Small Business 10X from any action, demand or claim resulting from the editorial content of the website.
4.9. Small Business 10X shall not be liable for any damages arising from the use or misuse of the website or services provided, nor the cessation of services where the Client fails to meet its obligations as documented in this Agreement.
4.10. If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement.
5.1. It is the client’s reasonability to ensure we are notified of any change in your personal information including (but not limited to) address, phone number, name or business type (e.g. Sole trader). If you have not received communication from us because you have not told us about your new details, this will be the client’s responsibility and we will not be held responsible.
5.2. Email is our primary method of contact within the website development process and for technical support after the website has been developed (if applicable). This is the most cost-efficient way to communicate, which allows us to keep prices as low as possible, for our clients. Our email address is [email protected]
5.3. It is essential to keep in contact with Small Business 10X throughout the website development process and for other services available as per the website. And for any additional services. If the client doesn’t contact Small Business 10X for over 14 days, of us trying to contact you, the project could be terminated, and the minimum payments will still be enforceable.
5.4. You will be automatically added to our ‘Announcements Newsletter’ list to get important email updates for Small Business 10X. If you unsubscribe from this, you might not receive important information.
5.5. We reserve the right to send postal mail to either your personal or business address.
5.6. We reserve the right to cancel any order (including any applicable specification and/or proof /design request etc.) which we believe is or may be of an illegal or libellous nature, or may be an infringement on the proprietary or other rights of a third party or is otherwise unsuitable for publication on the internet and / or any other medium.
6. Small Business Website Services
6.1.1. E-Commerce sites are powered by WooCommerce on the WordPress CMS. Functionality is restricted to this platform.
6.1.2. Small Business 10X does not provide a payment gateway, you will need to choose a gateway such as Stripe, PayPal or another WooCommerce supported payment gateway.
6.1.3. If you wish to import stock (products) onto your website, we must know this in advance of the client signing this contract, as this may or may not occur an extra fee. We cannot be held responsible or assist in importing products through third-party wholesalers.
6.2. Website Design/Development
6.2.1. We understand getting your design right for your website is essential. We don’t currently have any maximum limit number, but we do have a sensible fair usage policy down to managements discretion. Once your draft and homepage are accepted, any further design revisions to that will occur additional charges.
6.2.2. If you request multiple design revisions, this will require more time from our developers, to carry out work on your website. This will make any previous timeframes we have provided invalid. Please be patient as any design revisions will need to be booked into the next available slot.
6.2.3. If you decide to change your business name at any time during or after the process and need your new branding uploaded and a new domain name setup, this will occur an extra fee of £50.00 to be carried out. The domain name will occur an extra charge, which is down to the extension type and management’s discretion. If your business model changes at any time before or after the process, depending on management’s discretion and if accepted will occur additional charges depending on the amount of work that needs to be carried out. We are under no obligation to accept these changes and management can refuse to carry out that work.
6.2.4. Small Business 10X uses Open Source Software (OSS) and sometimes templates & plugins to be adapted or modified to help develop elements of the client’s website. This will help us speed up the time it takes to develop your website and will provide you with added functionally including the ability to edit your own website. Free versions of plugins may also be used for some of the functionality of your website, available from marketplaces such as (but not limited to) WordPress Plugins directory. If you need the premium version of any of these plugins, they will need to be purchased separately by the client.
6.2.5. We always try and meet the client’s design specifications (within reason), in some cases this is not always possible, and we make no guarantees on any of your design specifications and an alternative may need to be found in some cases. Design, layout and functionality changes are all subject to the restrictions of the WordPress & WooCommerce (for e-commerce sites) platforms.
6.2.6. We do not allow customers to access certain WordPress functionally and comes with a ‘Custom Small Business 10X’ version of WordPress. E.g. Some plans will not be able to create posts/pages, and no plans allow users to install plugins.
6.2.7.. Your website is created using the Visual Composer page builder, which also allows our customers to edit their websites. We cannot guarantee features of the ‘Premium’ version if Small Business 10X management decides to no longer continue with the software. We cannot guarantee features from this software will work outside Small Business 10X servers, and you will need to buy a ‘premium’ license for the software if you decide to host your website elsewhere after all minimum payments have been completed. Your Visual Composer premium license will be deactivated if you choose to leave Small Business 10X after all minimum payments have been completed.
6.2.8. Small Business 10X reserves the right to cancel a contract without refund and with full payment due as 1 whole payment, in the event of inappropriate or unreasonable behaviour and conduct. If any threatening behaviour is directed to any of our employee’s, communication will then be by postal mail only.
6.2.9. The Small Business 10X monthly service plans include a number includes website back ups and core plugin updates. Content is not updated unless you have a content update package or maintenance package.
6.2.10. A content update is an amendment to the content on an existing page of the website, adding/removing blog posts on the website or any other content update that is completed on an existing website page
6.2.11 Unless you have a maintenance and other content package, updates to the delivered website are not included in the monthly fee. The monthly fee relates to paying for the website design over a specified, pre-agreed time duration. Ongoing updates are not included for design changes and amendments. These will be charged at the current hourly rate. This activates as soon as the website has reached the terms of “Go Live”. (see 6.2.13)
6.2.12. Small Business 10X retains all rights to any photography and other images that have been sourced as part of the website design except where the Client has been invoiced and has paid for the images used on the website OR the Client has provided their own images for use on your website.
6.2.13. When you agree that a site can be made publicly available, you are agreeing that the design and development of the site has satisfied all of your requirements and any payment terms related to “Go Live” shall then be triggered and invoiced in accordance with our terms.
6.2.14. By agreeing with Small Business 10X to “GoLive” with your website (as soon as you approve the site to be publicly available), you accept that the brief has been met and that all future changes must undergo a formal change control request from you and may incur additional charges, unless otherwise agreed between both parties.
6.2.15. When a website is live on the internet we deem it to have “Gone Live” which means the final “GoLive” payment of any agreed setup fee is then due for invoicing and payment.
6.2.16. Failure to provide Small Business 10X with information does not permit the Client to delay or cease payment, unless specifically agreed with us. Unless otherwise agreed, you will continue to be invoiced each month until the website is live and for the duration of the contracted monthly term and will receive no refunds for a delay in getting the website live.
6.3. Website Delivery
6.3.1 Small Business 10X will require you to supply textual content to be added to your website, you may also supply images and we can also supply stock images free of charge, the number of images provided by us is limited at our discretion.
6.3.2. All text and images submitted must be free of copyright and Small Business 10X accepts no responsibility for any infringement of copyright law arising from any text or images used on your site. We can also supply professional copywriting at an additional cost.
6.3.3. Expected completion time frame on most websites is around 7 -10 days however if content is not provided this may delay completion.
6.3.4. Small Business 10X reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or controversial.
6.3.5. We will require all relevant forms filled and payments made, content handed to us (if applicable), to be completed before any deadlines can start.
6.3.6. If you are ordering our ‘Content Writing’ service, this will at least require an extra 3-5 days or longer; if there are a lot of pages, we need to write content for, this could be considerably longer. Delivery quotes and timelines will be provided for you at project commencement.
6.3.7. We hold the right to change your ‘deadline’ or ‘estimated date of completion’ (ETA) at any time and for any reason.
6.3.8. All website files hosted by Small Business 10X will be the property of the Company. The Client will have no right to these files or the migration of these files if the contract is cancelled.
6.3.9. Any website design or template created by Small Business 10X will remain the property of the Company before, during and after the contract. In effect, the Client will be leasing the website from Small Business 10X.
6.3.10. If the Client wishes to purchase the rights to a website created by the Small Business 10X, this will be at the discretion of the Company or will be pre-agreed of immediate transfer of ownership and outlined in your contract agreement.
6.4. Website Aftercare
6.4.1. Monthly Website Plans come with ‘Ongoing Backups & Updates’, which ensures that any issues caused by Small Business 10X or by a website plugin upgrade are fixed. We can also provide help on how to use your website’s dashboard.
6.4.2. Any self-inflicted or client caused issues are not covered by our technical support and will be charged a fee, down to managers discretion.
6.4.3. Amendments are not covered by our Website Aftercare or ‘Ongoing Backups & Updates’ and will occur a fee, down to managers discretion.
6.4.4. While we take every care to ensure we take backups, we can’t fully guarantee the loss of data can be recovered, if a backup file fails or becomes corrupted.
6.4.5. We will only provide ‘Ongoing Backups & Updates’ if all your payments are up-to-date or it can be refused until your billing account is up to date.
6.5. On-going Service
6.5.1. Hosting, technical maintenance, software updates and all general upkeep services shall be provided by Small Business 10X as standard and be included as part of the pay monthly fee.
6.5.2. Small Business 10X will take extensive measures to ensure that the customer does not experience any disruption of service, we cannot accept liability for disruption of service caused by factors that lie outside of our control.
6.5.3. Website amends such as changes to text, images and contact information shall be included as part of each package as stated in the package description. These inclusive amendments are subject to fair usage.
6.5.4. If for whatever reason the customer’s use of this clause is excessive then Small Business 10X has the right to evaluate the clients spend and amend the amount on their next billing cycle. Requests that fall outside of what is considered to be a basic amend, such as new pages, re-branding or additional functionality will be treated as a bespoke auxiliary service and will be quoted and billed as such.
6.5.5. In the event that a website fault occurs as the result of amendments made by the customer, a request may be made to Small Business 10X to rectify the fault and will be quoted and billed based upon our standard agency fees.
7.1. Any new domain names registered will be under the ownership and control of Small Business 10X. Any domain names purchased by Small Business 10X for the Client will be the property of Small Business 10X and will remain so even if the contract is cancelled. The transfer of ownership to another supplier of the Clients choosing will be at the discretion of Small Business 10X and a fee will be applied of £50.00 for the transfer if approved.
7.2. Any domains purchased directly by the client, remain the clients property but we will need access to your domain name registrar to set up any hosting or website services.
7.3. Domain name renewals
7.3.1. If the client has registered their own domain(s) using their own account (domain control panel), it is the client’s responsibility to manage their domain(s), and not Small Business 10X. This includes any payments and renewals via the relevant domain registrar.
7.3.2. Domains that have been registered by Small Business 10X, or domains that have been transferred to Small Business 10X account, will be managed by Small Business 10X.
7.3.3. All domain renewals are included in your pay monthly package unless agreed otherwise.
Small Business 10X take no liability for any loss of profit or website downtime caused by expiration of domain names or other technical faults caused by any third party or domain registrar.
8.1. Cancellation and Refunds
8.1.1. In order to cancel this Agreement the Client is required to give Small Business 10X a minimum of 30 days’ notice in writing. This can only be cancelled after the minimum terms has elapsed. Example 24, 36 month contract term. So on a 24 month contract term, you can send notification to cancel on or after month 25 only.
8.1.2. Please note 30 days refers to the billing cycle. So if you wish to cancel you need to provide us with a full 30 days notice within that time. We do not offer pro-rata periods.
8.1.3. Once you have returned your cancellation form, we retain the right to refuse to make any further changes to the website within your cancellation period
8.1.4. Any invoices that are issued or due to be issued within the notice period shall still be valid and due for payment in the normal way. Small Business 10X will confirm the date upon which we will cease your services upon receipt of your written notice to us.
8.1.5. No refunds will be made on services that have already been delivered. If you have paid for an item in advance and then later wish to cancel the delivery of that service before it is delivered and if we have not expended time related to your work, we will consider an application for a refund in a fair and reasonable manner. Any refunds we may agree to pay will be reduced by any costs or administration charges we may incur during the process (including, but not limited to, PayPal payment fees, direct debit processing fees and/or other bank charges).
8.1.6. If you are a Client of our monthly website service plans there is a 12, 24 or 36 month minimum term of Agreement. We require 30 days notice to cancel your agreement and you must pay the remainder (if any) of the contracted month term. In this case you give notice in accordance with the notice terms of this Agreement detailed herein and EITHER:
8.1.7. we will then turn off the website for you on the agreed future date and provided that you have made all payments due on your account, our Agreement is considered terminated and we will delete the website from our servers.
8.1.8. if you would like to take your website with you to be hosted with another provider or so that you have ownership of the website files and content, we will charge a leaving fee. The leaving fee is dependent on how long you have been a Client of Small Business 10X as follows;
8.2. Cancellation fees when taking your website with you: Length of time you’ve been a Client Leaving fee to take the website with you
13 – 24 months inclusive £900
24 – 36 months inclusive £500
37 months + £200
8.2.3. These Terms and Conditions apply to access and use our website & services, under the domain name https://smallbusiness10x.com. This site is managed and operated by Small Business 10X. By using our website or any of our services, you will be bound to these Terms & Condition’s and you are required to agree to them at the time of placing an order. It is your responsibility to read and agree to these terms and conditions as they form part of your contract with us on placing an order for any of our services.
8.2.4. We reserve the right to change these Terms & Conditions ‘Contract Agreement’ at any time and will automatically apply after 30 days’ notice.
8.2.5. After the minimum payments and contract length is completed, you will automatically be placed into a 1-month contract, with a period of 30 days’ notice to cancel. The notice period is one full calendar month service, we do not offer pro rata calculations so this means a full month service is required to cancel based on the date of the agreement being taken out. This will happen automatically without notification and will be the customer’s responsibility, to ensure they cancel if they want to after the minimum period has ended.
8.2.6. Please be aware that any additional extras, features, pages, plugins that are not included within your plan will incur an extra fee on management’s discretion. Unless you have purchased Content Writing from Small Business 10X, this will need to be supplied by the client. Content Writing is NOT included within our plans as standard but is an extra service.
8.2.7. We allow for a 12-hour grace period to change your mind, from sign-up to change your mind on our Website Plans. Once work on your website has commenced, no cancellation or refunds will be given. Please ensure you are fully committed to your website’s idea, before signing up to a plan.
8.2.8. No refund of the first monthly payment will be provided, on a result of a cancellation.
8.2.9. We have the right to charge a £15 fee if a direct debit mandate is cancelled, during a contractable term. If you need to change your bank details, you must not cancel your direct debit and instead request a new mandate to be set up, by emailing [email protected]
8.2.10. We hold the right to reattempt failed direct debits automatically and put through late invoices as a direct debit, and for any other reason, we deem necessary.
8.2.11. It is a requirement to have a Direct Debit Mandate set up at all times if you have any pay monthly services with Small Business 10X. If you cancel the Direct Debit mandate we will notify you so you can create a new mandate. If this is not done within 72 hours then the full remaining amount is due for payment, plus the admin fee for late payment as detailed in 8.2.9
8.2.12. We hold the right to change our payment gateway provider at any time or payment method type, and clients will need to re-setup with the new method. Our current processor is GoCardless
8.2.13. Small Business 10X will only accept regular recurring payments by Direct Debit using our GoCardless Direct Debit management system. We reserve the right to charge an administration fee for recurring payments that are not processed in this manner. This fee is currently £15 + VAT per non-Direct Debit payment.
8.2.14. One off payments can be made by online bank transfer (ensuring you use the invoice number as a reference) or a one off Direct Debit payment using our GoCardless direct debit management system.
8.2.15. When you agree to become a Small Business 10X client, we will send you a link to our Direct Debit system. We will not commence your project until the Direct Debit mandate has been completed online setting up a direct debit mandate is automatic approval of our terms and conditions. We will commence invoicing 30 days from the date you signed this agreement.
8.2.16. Small Business 10X invoices are issued only by email to the email address you specify upon signing up with us. It is your responsibility to ensure invoices are settled in accordance with our payment terms to enable us to maintain service provision.
8.2.17. Payments are due no later than 14 days from the invoice date and/or in accordance with the Direct Debit payment schedule agreed when you become our Client.
8.2.18. SMALL BUSINESS 10X standard payment terms for bespoke website build projects are 50% upon sign up and 50% upon ‘“Go Live”’ of the website project. If we agree something different with you, this will be documented clearly in our Agreement email and also on your first invoice. If your project does not involve the build of a website but does involve a setup fee, we will charge 100% of the setup fee upon sign up (e.g. Pay Per Click campaign setup, etc)
8.2.19. Without limiting any other right or remedy of Small Business 10X, if you fail to make any payment due to us under the Agreement by the due date for payment, we shall have the right to suspend all services being provided by us until such payment has been made.
8.2.20 For payments that are not monthly recurring the payment terms are 50% in advance and 50% on completion for all projects over £500. For anything else it is payment in advance via invoice and a bank transfer payment or it can be added to an existing direct debit as a one time payment as preferred.
8.3 Late Payment Fees
8.3.1.Small Business 10X will charge a £15 late payment administration charge for any late invoices, that exceed 7 days or over. This fee will be applied automatically, and we reserve the right to collect this fee automatically via Direct Debit. If no direct debit is set up, this fee will be added to the invoice for Debit/Credit Card payment.
8.3.2. If any payment exceeds over 30 days, we reserve the right to apply an extra £15 late payment fee, on top of the ‘late payment administration charge’ and reserve the right to take this payment automatically. Management also reserves the right to Suspend your services, with 24 hours’ notice (see ‘Website Suspension’ for more information).
8.3.3. If a customer has a late invoice exceeding 2 (two) constructive months, your services will be suspended, and further action will be taken using legal methods such as the Small Claims Court or/and Solicitor Firm (but not limited to). We reserve the right to pass on your personal information to these firms, if necessary. In this case, we will charge for the maximum legally possible late payment interest/charges.
8.4 Website Suspension
8.4.1. The website can be ‘suspended’ if (but not limited to) there is Late Payment, Refusal of Payment, Cancelled Direct Debit mandate, Inappropriate/Illegal Content on the website, or for any reason management deem necessary. We do not have to notify you if your site has been suspended and can be done any time, down to managers discretion.
8.4.2. For any downtime caused by ‘Website Suspension’ or any lost profits and emails, we will not be held responsible for any liability in any way.
8.4.3. Payments will be still collected as usual during the minimum contract term, during any type of ‘website suspension’.
8.4.4. In the case of a Website Suspension, the following will be affected:
Your website will be marked as ‘Suspended’, and you will not be able to access your site, and neither will the public.
You will not be able to receive or send emails and any emails during the suspension that were sent to you and these emails will not be able to be recovered, under any circumstance.
Payments will be still collected as usual during the minimum contract term, during any type of ‘website suspension’.
9. Existing Domain Names & Email Addresses
9.1. In the event that the Client already has a Domain Name and/or Email Address setup, which are then transferred to Small Business 10X to manage, Small Business 10X cannot be held responsible for any downtime or loss of data during this process. This could include items such as existing emails and contacts, existing calendar appointments, and existing 3rd party websites.
9.2. Upon migration, there is no guarantee that any historic emails will be available. It is the Clients responsibility to make the necessary arrangements to ensure a backup or archive is available to them after the transfer has been completed.
10. Local Search Engine Optimisation (SEO) Services
10.1. Small Business 10X submits Client websites to search engines as part of the website release process but cannot guarantee inclusion or accept responsibility or liability if any search engine, online directory or search site submitted to, chooses not to list the Client’s website.
10.2. SMALL BUSINESS 10X’s content marketing/SEO price plans are subject to a minimum term of 6 months and require 30 day’s notice of cancellation after that time.
10.3. We offer three packages as well as a bespoke packages. These are available on our website with current pricing. Any bespoke service costs will be clearly outlined in your service agreement (contract.)
10.4. SMALL BUSINESS 10X reserves the right to make changes to the services we offer within our Online Marketing price plans from time to time to ensure optimum performance for the budget allocated.
10.5. Any changes made by the Client to the website which impacts our ability to achieve your online marketing objectives may be undone. Small Business 10X reserves the right to alter what has been changed and charge an additional fee accordingly.
10.6. Small Business 10X will perform its duties in relation to Local Marketing services with reasonable care and skill utilising experienced online marketing professionals who will endeavour to present your business online in a credible and consistent manner.
10.7. All website monthly payment packages comes with the feature ‘Initial SEO’ this is a process which includes optimising your websites meta-tags and offering to submit your listing for a Google My Business listing. If you need ongoing SEO, you will need another service like one of our Local SEO Monthly Plans (please contact us on [email protected] to find out more). Initial SEO does not guarantee certain positions or results and is a process in which ‘aims’ to get a business started out on Google.
10.8. We cannot be held responsible in any way for your ranking on any search engine, in the result of our services. No refunds or compensation will be provided in any cases.
10.9. When amending, creating, updating, maintaining and changing one of our client’s websites, there could be a change in your ranking – which we cannot be held responsible for.
11. Hosting & Backups
11.1. Small Business 10X endeavours to ensure that websites are live and protected 100% of the time. Due to the open public nature of the internet, this cannot be guaranteed. From time to time hacking attempts can mean website servers go offline, or our hosting partner can experience technical difficulties which results in a temporary loss of service. Small Business 10X will endeavour to communicate any such instances to our Clients as and when they occur and seek to restore service in a timely manner
11.2. Small Business 10X is not be liable for any loss of business, loss of profits, loss of digital data or any other damages related to website downtime/loss of website service or website security compromises.
11.3. Where Small Business 10X provides e-commerce facilities for our Clients, we are not be liable for any loss of business, loss of profits or any other damages related to payment gateway outages.
11.4. We backup all our websites weekly using Cpanel backups.
11.5. All our website data is hosted within the EU and is not replicated to alternative non EU location, therefore European data protection laws are in effect for all our websites.
11.6. If you wish to move your websites files and database after the minimum contract ends and all payments have been made. We will need 1 months’ notice and once the files are sent, we will take no responsibility on setting up these files onto a new host. Once the files leave Small Business 10X, we will no longer be held responsible in any way.
11.7. Standard websites should not exceed over 10gb in storage and E-Commerce plans, should not exceed over 15gb in storage. If you exceed this, you will be asked to upgrade to your own server, which will occur an extra fee down to managements discretion. We hold the right to suspend your website immediately without warning, in this case.
11.8. If your website affects the performance of other websites, on one of our servers, you will be asked to upgrade to your own server. Your website will be taken down immediately in this case (without warning) to ensure this does not bring the server to have downtime.
11.9. We hold the right to limit your websites CPU, RAM, Disk Read/Write or another resource, to ensure server performance is equal between our clients.
11.10. It is required that all websites within their minimum contract or on a one-month rolling contract, to be hosted on Small Business 10X servers.
11.11. We cannot provide any type of access to your websites hosting when hosted on Small Business 10X servers. This includes FTP access unless management decides otherwise.
11.12. Small Business 10X holds the right to remove your website, emails and any other data permanently after 60 days of cancellation, non-payment or suspension.
11.13. Our servers are provided by third-party companies, their terms and conditions will automatically be applied to you.
11.14. In the rare case of server/email/website or another type of downtime, we will not be held responsible for your loss of earnings, whether caused by a third-party or ourselves.
12. Security Considerations
12.1. You must ensure that you maintain secure passwords for the systems we provide to you. Small Business 10X reserves the right to charge for website reinstatement from backups should a successful hacking attempt on your website be traced back to use of either an insecure password and/or ineffective website security procedures on the part of the Client.
12.2. If the Client or a 3rd party have permitted damages to your website, by applying an update or change and as a result of this Small Business 10X needs to repair the website, we reserve the right to charge you for this work.
13. Data Protection and GDPR
14. Our Business Details
14.1. Small Business 10X is currently a sole trading business with our virtual address being Small Business 10X, Office 856, 26 The Hornet, Chichester, West Sussex. PO19 7BB which should be used in any correspondence to us or that you receive from us.
14.2. Small Business 10X reserves the right to change its business address at any time.
14.3. Small Business 10X reserves the right to become a limited company or another company type, at any point.
14.4. Small Business 10X reserves the right to charge VAT on payments automatically, if we were to become a VAT registered business.
15. Availability & Support
15.1. Opening hours are between 9:00 am – 5:00 pm Monday-Friday on business working weekdays. We are closed on bank holidays.
15.2. While avoided as much as possible, we reserve the right to close Small Business 10X on days with staff shortages, upgrades, weather conditions, seasonal holidays, events or for any other reason we deem necessary at short or no notice.
15.3. We reserve the right to change our opening hours, at any time.
15.4. We will send across instructions on how to setup Small Business 10X Webmail on third-party software such as IOS Mail, Android Mail & Outlook. We cannot offer email or phone support when setting up emails on third-party software.
15.5. We will aim to fix any reported issues within a reasonable timeframe, which are not caused by the customers doing, within business hours.
15.6. In addition, Small Business 10X will not tolerate any form of swearing, anger, harassment from customers or third-parties against its employee’s. Small Business 10X
16.1. In this relationship the Company is the Data Processor and the Client is the Data Controller. The Client has GDPR related responsibilities and is responsible for putting processes in place where necessary. For more information read the ICO Guide to General Data Protection Regulation
16.2. The Company – the data processors will only act on the documented instructions of a controller (The Client)
17. Website Copywriting/Content Writing & Products
17.1. Small Business 10X can offer Content Writing for its websites at an additional charge. Please contact us on [email protected], to get a quote for our professional content writing service. Or view the service packages available on our website.
17.2. If you do not proceed with a content writing service from Small Business 10X, we will need to send the content to us in a Microsoft Word or OpenOffice document, in a clear layout with the page title above it needs to go onto. We will need this document within 2 weeks of starting the website design process. Timeframes we provide for the development of the website are not started until this document has been received by Small Business 10X. After 2 weeks of the document not being received, we reserve the right to start the website monthly payments.
17.3. ALL content must be provided within 14 days from the project commencement. Content will then be added and design edited. We do not make ongoing edits to content after this time, you will have full access to add additional content with your own website administrative access after that time. If you wish the website to be at GO LIVE stage sooner, then please provide all content within 5 days so we can meet the 7 day best deadline for you.
17.4. Products, blog posts and categories are to be added by the client themselves through their website control panel and are excluded by any content writing plan or feature we offer.
18. Limitation of Liability
18.1. In no event will the Company be liable for any special, indirect, incidental, or consequential damages nor loss of data, profits or revenue, cost of capital, or downtime costs, nor for any exemplary or punitive damages, arising from any claim or action, incidental or collateral to, or directly or indirectly related to or in any way connected with, the subject matter of the agreement, whether such damages are based on contract, tort, statute, implied duties or obligations, or other legal theory, even if advised of the possibility of such damages.
19.1.1. The parties are independent and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.