Terms & Conditions

Last revision: 07 September 2018

This agreement is made between Hive Minder Ltd (hereafter referred to as The Company) and the person/organisation purchasing a product/service on this website (hereafter referred to as The Client). The purpose of this Agreement (hereafter referred to as The Agreement) is to define the arrangement under which The Company will provide services (hereafter referred to as The Service) on behalf of The Client.


Office Hours

Our office hours are 08:00-17:00 (UK time), Monday-Friday. We are not open on weekends and UK public holidays.


Browser and operating system support

Unless otherwise agreed, we support only the browsers and operating systems listed below. Support for operating systems/browsers outside this list is at our discretion. In such cases, support for a specific operating system/browser must be requested before the commencement of the project/task. We are not able to make special allowances once the project/task has begun. We reserve the right to bill additional hours for any additional work arising from the need to support operating systems/browsers not covered in the list below.

Browsers

  1. Latest 2 versions of each of the following:
    1. Chrome
    2. Firefox
    3. Safari
  2. Internet Explorer (Edge) – v10+

Operating systems

  1. Any of the above browsers running on the latest 2 versions of the following
    1. Windows
    2. MacOs
    3. iOS
    4. Android

Payments

Recurring services

  1. Acceptable forms of payment are credit/debit card. No other form of payment will be accepted.
  2. Setup and pro-rate fees will be charged to your card at the commencement of work.
  3. Subsequent bills will be automatically charged to your card on the 25th of each month thereafter.

One-off projects/tasks

  1. Acceptable forms of payment are credit/debit card and invoice. Payment plans are available (See below).
  2. Work undertaken on support tickets is tracked in increments of 15 minutes (or part thereof) and calculated our hourly rate.
  3. Unless otherwise stated, payment period for invoices is 21 calendar days.
  4. A reminder email is sent the day before the invoice is due.
  5. You will receive an email on the 28th of each month listing all outstanding invoices, the amounts and any associated late fees (calculated as at the date of sending).
  6. You will receive an email when we have received payment in full on any given invoice.
  7. If the bill becomes overdue, the following process occurs until the invoice is paid in full:
    1. A reminder email is sent 7 days after the invoice was due.
    2. A further reminder email is sent 21 days after the invoice was due.
    3. If the invoice is not paid 28 days due after due date, your service(s) will be suspended until all outstanding monies are paid in full. An email notification will be sent stating this.

Payment plans

  1. Qualifying customers
    1. Available to existing customers with one or more recurring services only.
    2. Applicable customers must have 3+ months of good financial history with Hive Minder (We reserve the right to run credit checks).
    3. Project/task must have a cost greater than £1000.
  2. Not included
    1. Expenses incurred by Hive Minder in completing the works. Usually this is software/licensing costs for required plugins.
  3. Payment
    1. Automated billing via credit/debit card on the 25th of each month. No other form of payment is accepted.
    2. Interest-free payment options available of 2, 3, 6 or 12 months.
    3. Failure to make expected payment will result in immediate service suspension and the full amount becoming due.

Late payment interest

Where the bill becomes overdue late payment fees apply.

  1. 1 day after the invoice was due the bill will begin to accrue late payment fees, with late payment fees being calculated daily.
  2. Late payment fees will be aggregated monthly and an invoice generated. The standard terms and conditions relating to invoices applies to invoices for late payment fees.
  3. Late payment fees
    1. Hive Minder Ltd – Late payment fees are calculated at a rate of interest of 8% per annum (+ Bank of England Base Rate) + debt recovery fee of £40.00 as dictated by UK Government legislation.
    2. Hive Minder (Pty) Ltd – Late payment fees are calculated at a rate of interest of 8% per annum + debt recovery fee of R300.00

Keystone

Keystone Lite

  1. Product name: Keystone Lite.
  2. Description: WordPress hosting.
  3. Maintenance: Excludes monthly maintenance and support.

Keystone Premium

  1. Product name: Keystone Premium.
  2. Description: WordPress hosting.
  3. Maintenance: Includes monthly maintenance and support (WordPress, plugin and theme upgrades).
  4. Maintenance: Monthly site performance scan.
  5. Maintenance: Monthly server uptime report.
  6. Maintenance: Monthly email report detailing maintenance work performed that month.

Services and features included in all Keystone plans

  1. Description: Fully-managed WordPress website hosting.
  2. Cost: As stipulated at time of purchase.
  3. Subscription start date: From date of purchase.
  4. Subscription end date: 12 months from the date of purchase.
  5. Billing: Monthly recurring billing.
  6. Pre-requisites: None.
  7. Domain management: Primary domain name purchase/renewal/transfer each year hosted with The Company. Limited to the following domains: .com, .co.uk, .co.za, .net, .org, .org.uk, .eu, .ca, .us
  8. Server: Website will be hosted on a shared, managed, WordPress-only server.
  9. Backups: 1 x daily, secure off-site backup of production environment; rolling 30 day period.
  10. Backups: 1 x daily, secure off-site backup of staging environment; rolling 30 day period.
  11. Backups: Secure off-site backup of production environment (Keystone Lite – once daily; Keystone Premium – twice daily); rolling 90 day period.
  12. Monitoring: 1 x site monitoring with instant alert via email/mobile app should your website experience and outage – 3rd party service using pingdom.com.
  13. Content delivery network – 3rd party service using cloudflare.com.
  14. Hosting environments: 2 x hosting environments (production and staging).
  15. Version control: Version control system using Git to keep a historical record of all changes made to the code of your website.
  16. Security: 1 x daily malware scan.
  17. Analytics: Google Analytics tracking.

Optional extras included free of charge

  1. Migration of existing primary domain from previous domain supplier to The Company’s domain management account.
  2. Migration of an existing WordPress website from previous hosting provider to The Company’s server.
  3. Choice of server location: US, UK or JP. Default server location is UK.
  4. Premium plugins – WPMU Dev, Gravity Forms, Advanced Custom Fields, Search & Filter Pro, Max Mega Menu.

Mandatory maintenance

From time-to-time, The Company may be required to perform essential maintenance work on The Client’s website. When such work falls outside of the work covered by Keystone Lite or Keystone Premium, and where reasonable, The Company may be required to bill The Customer for the work. In such instances, and where the work is not related to a security vulnerability:

  1. The Client will be notified via email a minimum of one month prior to the work commencing.
  2. Unless otherwise agreed by both parties, The Client will be billed for the work at the agreed rate and payment period.
  3. Mandatory work will be limited to a maximum of one period of mandatory maintenance work per month.

Bastion

Overview

  1. Product name: Bastion.
  2. Description: Critical issue website warranty; flat-fee per month.
  3. Cost: As stipulated at time of purchase.
  4. Subscription start date: From date of purchase.
  5. Subscription end date: 12 months from the date of purchase.
  6. Billing: Monthly recurring billing.
  7. Pre-requisites: WordPress website; website must be built, hosted and maintained by The Company.

Critical issue support

A critical issue is defined as any hardware and/or software system error resulting in the inability of the The Client and/or The Client’s users/customers from being able to perform a vital action on the website. Critical issue support is limited to hardware and/or software systems provided by The Company or their suppliers for the purposes of hosting, maintaining and monitoring The Client’s website.

A critical issue is limited to the following:

  1. Primary domain name outage/offline.
  2. Server outage/offline.
  3. Website outage/offline.
  4. Inability to submit data via a form due to a technical error on the website.
  5. Inability to make a purchase due to a technical error on the website.
  6. Inability of a user to login into the website due to a technical error, where that error is not caused by the user inputting incorrect login credentials.

Issues excluded from the definition of a critical issue include, but are not limited to:

  1. Updating of any and all content including, but not limited to, text, images, audio and video.
  2. Resetting passwords.
  3. Addition or modification of any functionality to the website.

Dealing with critical support issues:

  1. The Client will open a support ticket using the support ticketing system provided by The Company. No other form of notification will be deemed valid by The Company.
  2. On receipt of a critical support ticket, The Company will:
    1. Acknowledge The Client’s ticket within one hour.
    2. Resolve the critical issue within three hours of the ticket being acknowledged.
    3. In rare instances where the critical issue cannot be resolved within three hours, The Company will inform The Client via the support ticket within this three hour period and provide the following:
      1. A summary of the issue.
      2. The reason(s) as to why the issue cannot be resolved within three hours.
      3. The actions being taken by The Company to resolve the critical issue.
      4. An estimated date and time by which the critical issue will be resolved.
  3. The Company reserves the right to downgrade a submitted ticket.
  4. Time spent on critical support issues by The Company will not be deducted from The Client’s allocated hours per month.

Summit

Overview

  1. Cost: As stipulated at time of purchase.
  2. Subscription start date: From date of purchase.
  3. Subscription end date: 12 months from the date of purchase.
  4. Billing: Monthly recurring billing.
  5. Pre-requisites: Domain name

Summit Lite

  1. Product name: Summit Lite.
  2. Description: Email, calendar, contacts, documents and storage.
  3. Maintenance: Excludes monthly maintenance and support.

Summit

  1. Product name: Summit.
  2. Description: Email, calendar, contacts, documents and storage.
  3. Maintenance: Includes monthly maintenance and support.

Bedrock

Overview

  1. Product name: Bedrock.
  2. Description: Technical consultancy and development.
  3. Cost: As stipulated at time of purchase.
  4. Subscription start date: From date of purchase.
  5. Subscription end date: 12 months from the date of purchase.
  6. Billing: Monthly recurring billing.
  7. Pre-requisites: Domain name; website

Services included

  1. 60 minute strategic planning meeting; once per year, within 30 days of contract start date.
  2. 30 minute strategic planning meeting with a dedicated technical consultant; allocated on the same day each month.
  3. 120 minutes of dedicated support each month; dedicated developer allocated on the same day each month.
  4.  Monthly review of Google Analytics with actionable steps to improve website performance and conversions.
  5. Monthly review of Google Webmaster Tools with actionable steps to improve website performance and conversions.
  6. Monthly Google Analytics report sent via email.

General terms applicable to all purchases

Contract period and renewal

Subject to the terms and conditions of The Agreement, The Company will provide The Service for The Client subject to the following terms:

  1. The Client agrees to an initial 12 month contractual term of service (The Term), commencing the purchase date.
  2. The first payment plus setup charges, if any, shall be due in advance of any service provided.
  3. This Agreement will automatically renew for successive 12 month term unless canceled in writing by The Client at least 30 days prior to the end of The Term.
  4. Renewal prices are subject to change.
  5. Renewal of services by The Client indicates agreement to any Contract revisions and price changes.
  6. Renewal fees for the following term will be automatically deducted using The Client’s previously-agreed preferred payment method.

Proprietary Information

  1. Proprietary information exchanged hereunder shall be treated as such by both parties. This information shall include, but not be limited to, the provisions of The Agreement, product and services information and pricing and user data.
  2. The Client further agrees to not decompose, disassemble, decode or reverse engineer any program, code or technology delivered by The Company to The Client or any portion thereof.
    The Company agrees not to use The Client’s data, including any personal data, for any purpose other than to provide the contracted services and agrees to ensure that The Client’s data, including any personal data, is not passed to any third party without prior permission in writing.

Censorship

  1. The Company will exercise no control whatsoever over the content of the information passing through the network, email or web site.

Warranties

  1. The Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.
  2. The Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by The Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of The Client.
  3. Use of any information obtained by way of The Company is at The Client’s own risk, and The Company specifically denies any responsibility for the accuracy or quality of information obtained through its services.
  4. Connection speed represents the speed of an end-to-end connection. The Company does not represent guarantees of speed or availability of end-to-end connections.
  5. Each party expressly limits its damages to the other party for any non-accessibility time or other downtime to the pro-rata monthly charge during the system unavailability.
  6. The Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Trademark and copyrighted material

  1. The Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

Termination of contract

  1. The Company may terminate this Agreement upon the occurrence of one or more of the following events:
    1. Failure to comply with any provisions of The Agreement upon receipt of written notice from The Company of said failure.
    2. Appointment of Receiver or upon the filing of any application by The Client seeking relief from creditors.
    3. Upon mutual agreement in writing of The Company and The Client.
  2. The Client may terminate this Agreement upon the occurrence of one or more of the following events:
    1. The Company fails to complete the contractual duties as declared in this contract.
    2. Appointment of Receiver or upon the filing of any application by The Company seeking relief from creditors.
  3. Either party may terminate The Agreement before completion of the contract term subject to the following stipulations:
    1. The terminating party must provide the remaining party with thirty days notice, in writing, prior to termination.
    2. The early termination notice period is limited to the first six months of the contract period.
    3. Should the termination notice be issued after the first day of the current month, the termination notice period start date will commence from the first day of the following month.
  4. On early termination of the contract, The Client will be required to reimburse The Company for the following expenses:
    1. Any outstanding monies owed for services rendered.
    2. Where The Company has incurred a cost for the renewal, purchase or transfer of domain name(s) on behalf of The Client and should these domain name(s) still be valid during the termination period, The Client will be required to pay The Company a fee per domain. The cost associated with each domain is available on The Company’s website.
  5. In the event of early termination of the contract, where The Client has agreed to annual billing and where those monies have been paid in full by The Client, The Company will be required to reimburse The Client for the remaining months of the contract.
  6. The Company may release The Client of any and all of terminating stipulations outlined in Termination of Contract. Such indemnity must be provided in writing.
  7. On termination of the contract or on expiration of the contract period without further renewal, The Client forfeits rights to the use of any and all software licenses supplied by The Company during the contract period.
  8. On termination of the contract The Company shall cancel any associated subscription billing for the service in questions and issue an invoice for any outstanding monies.

Disputes

  1. Any dispute, controversy or difference which may arise between the parties out of or in relation to or in connection with this Agreement which cannot be settled amicably shall be finally settled in the courts of England and Wales. For the avoidance of doubt, this includes:
    1. Both contractual and non-contractual matters.
    2. Any breaches of this Agreement.

Indemnification

  1. The Client shall indemnify and hold The Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against The Company directly or indirectly arising from or in connection with The Client’s marketing or support services of the product or services or the unauthorised representation of the product and services or any breach of this Agreement by The Client.