Terms & Conditions

While we strive to maintain the functionality and reliability of our websites and web applications, we cannot guarantee error-free performance. Therefore, we do not assume responsibility for any losses resulting from software malfunctions or deficiencies. We shall not be held liable for incurred costs, compensation, or loss of earnings arising from failure to meet agreed deadlines. Additionally, we disclaim responsibility for issues arising from alterations made to your website and/or web application by you or a third party.

Upon your approval, Fountain Digital Ltd will deploy your website for public viewing. Subsequently, included in your monthly website rental fee is the privilege to request unlimited minor amendments and updates*, which encompass the following:

• Text adjustments, such as content, text color, and font style
• Addition of images to an agreed-upon existing photo gallery
• Testimonials inclusion
• Home Page Slider management
• Standard contact us page enhancements, including a contact form capturing contact details: Full Name, Email Address, Phone Number, and a Comments Box. Requests for advanced contact forms may require bespoke form development, incurring a separate fee.

Please note that minor amendments exclude alterations to graphical design, website layout, and the addition of extra pages. Any changes to graphical design and website layout will result in an additional fee. For a detailed estimate, please reach out to us for a quotation.

Should your website exceed the agreed-upon number of pages outlined in your agreement/contract, upgrading your website package to the next tier will be necessary. For more information, please contact us at 01323 887387.

We will commence work only upon receipt of all website copy/content, images, and website menu items from you. Please be aware that we do not offer copywriting services or stock images for your website. However, these services are available upon request for a set fee.

Unlimited website amendments and updates for websites with CMS (Content Management System) and static websites without a CMS are subject to our fair usage policy.

As per the terms outlined in the signed contract, fees are to be paid monthly, commencing from one month subsequent to the contract's signing date. Fees are to be paid via Direct Debit. Failure to make a payment or a declined payment may result in the immediate suspension of all services provided by us. Once any outstanding invoices or payments have been settled in full, we will promptly reinstate all services.

For further details, please consult Contract Point 4

The one off design fee, monthly cost and duration of your contract is stipulated in the signed agreement. Should you choose to terminate the agreement prematurely, you will be liable to settle the remaining outstanding balance for the contract period in full.

Our Website Packages Are:

Startup

• Up to 15 Pages
• Secure & Fast Hosting
• Enhanced Security
• 25,000 Monthly Visits
• Up to 25 Gallery Images
• Secure SSL
• Unlimited Updates*

Business

• Everything in Startup
• Up to 30 Pages + Blog Pages
• Blogging Capability
• 100,000 Monthly Visits
• Up to 85 Gallery Images
• Edit Site Content (3 Users)
• Site Search
• Unlimited Updates*

Business Pro

• Everything in Business
• Up to 150 Pages + CMS Content
• Increased Hosting Speed
• Increased CMS Capabilities
• 1,000,000 Monthly Visits
• 200+ Gallery Images
• Edit Site Content (10 Users)
• Analyse Website Performance
• Unlimited Updates*

*Unlimited updates are subject to our Fair use Policy setup in point 25.  You can upgrade your package at anytime by emailing accounts@fountaindigital.co.uk

Monthly payments will automatically commence one month from the signed contract via Direct Debit.

Upon expiration of your agreement or contract term, it will automatically renew on a rolling one-month basis. Should you wish to terminate this rolling contract, we require one month's written notice. Early termination of your website contract prior to the one-month notice period will incur an additional termination fee, which will be added to the final invoice.

To reflect supplier costs, Fountain Digital reserves the right to adjust the fees charged for your services at any time. For packages billed on a monthly subscription basis, such changes will take effect only at the conclusion of the current monthly billing cycle. Advance notice of any fee adjustments will be provided to you.

Apart from our website development and hosting services, we offer additional services as separate provisions, each tailored to meet distinct needs:

1. Microsoft 365 & Products: Comprehensive suite of productivity tools and software solutions designed to enhance workplace efficiency and collaboration.
2. Soonr Workspace (Datto Workspace): Cloud-based workspace solution facilitating seamless file sharing, collaboration, and document management.
3. Database Apps: Customised database applications crafted to streamline data management, organisation, and accessibility according to your specific business requirements.
4. FDVOX (VoIP Telephone Systems & Calls): Advanced VoIP telephone systems and calling services engineered to optimise communication channels and reduce operational costs.

These services are available at additional costs, and details can be provided upon request.

For cancellation requests, please email accounts@fountaindigital.co.uk or send a written notice to:

Fountain Digital Ltd
10 West Terrace
Eastbourne
East Sussex
BN21 4QX

Upon receipt of your cancellation request, we will issue your final invoice and proceed with the closure of your account as requested.

Monthly hosting services are exclusively available for platforms developed and maintained by us. Our website hosting packages start at £45 per month plus VAT.

Kindly be aware that email accounts are not encompassed within any rental package. Nevertheless, email accounts can be obtained separately upon request.

Activation of Google Analytics setup is available upon request to monitor your website's statistics. Please be advised that an active Gmail account is required to access website analytics.

Regarding the indexing of your website by search engines such as Google, there may be various factors at play. Fountain Digital cannot be held accountable for the indexing decisions made by Google or any other search engines. It is your responsibility to ensure that you conduct individual checks in case your website pages are not indexed or are dropped from indexing.

Throughout the duration of the agreement or contract, a rented website or database remains the property of our company. Should you opt to terminate your agreement or contract after the initial twelve or twenty-four months, we will furnish you with a monthly or annual hosting fee.

All our websites are constructed using Webflow, and for eCommerce needs, we utilise Webflow and Ecwid. Ecwid eCommerce incurs a separate monthly fee.

In the event that you choose to maintain all services active subsequent to canceling your agreement or contract with us, we will provide you with a monthly or annual hosting cost to uphold your services.

Database / Web App

If you have outrightly purchased a website from us, updates are not included thereafter. All subsequent updates will be subject to a predetermined fee. Additionally, annual hosting will be charged at a fixed rate.

For clients who have opted for SEO (Search Engine Optimisation) services, please refer to Section 10 - SEO (Search Engine Optimisation) for further details.

Kindly be advised that our website rental packages do not include the registration of domain names. Should you require a domain name or names, you will be responsible for acquiring them at your own expense. Any domain names procured on your behalf by our company will be invoiced to you separately.

If you choose to manage your own domain names, you are accountable for renewal payments to your registrar and for managing all DNS settings to direct to our hosting servers.

Should you need assistance with domain management, this service will be subject to a separate fee.

While we endeavor to ensure optimal functionality across major internet browsers, please note that we cannot guarantee compatibility with all browser software. Our services are exclusively supported by Webflow.

For web applications, we retain the prerogative to designate the supported browser. It is noteworthy that on January 12, 2016, Microsoft ceased support for IE10, IE9, and IE8 on Windows 7, Windows 8.1, and Windows 10 platforms. Subsequently, Internet Explorer 11 stands as the final version available on these platforms.

Continued use of outdated browser platforms poses inherent risks to your computer system and networks, leaving them vulnerable to malware and cyber attacks. We strongly advise migrating to supported browsers to mitigate these risks and ensure optimal security.

https://www.microsoft.com/en-gb/WindowsForBusiness/End-of-IE-support

We do not assume responsibility for any copyright infringement resulting from materials submitted by you. We reserve the right to decline the use of any copyrighted material unless you furnish proof of your authorisation to use such material.

If you have editor access to this website and you upload or use any copyrighted images, text or documents, you are solely responsible for ensuring that you have the necessary permissions or licenses to use such materials. We are not liable for any copyright infringements or legal issues that may arise from your actions.

We refrain from utilising materials provided by you if they contain:

1. Adult themes
2. Foul or abusive language
3. Warez
4. Illegal MP3 or other media downloads
5. Slander or libel
6. Impersonations
7. Promotion of violence or terrorism
8. Racial, sexual, age, or political discrimination
9. Any other content deemed inappropriate by us

The interpretation of "adult themes" and "warez" is at our sole discretion.

Prior to launching any website, we will exclusively undertake and provide the following tasks 1-5.

(For existing clients, please see "Legacy Customers")

For clients subscribed to our SEO (Search Engine Optimisation) services, please refer to this section:

1. Title Tags
2. Description Tags
3. Website Sitemap
4. Submission to Google Webmaster Tools
5. Analytics & Indexing – Please see "Hosting" for details

Please note that any website rental package or one-off purchase does not cover the following:

• Content writing
• Keyword research and on-page optimisation
• Monthly software reporting
• Open Graph Images
• Graphic design works
• Social Media Platforms
• Google Business
• Image Alt Tags
• Structured Data mark-up
• Website template design changes
• 3rd Party Company Admin Access

We no longer offer additional SEO hours charged at £65+vat. If you wish to upgrade your SEO package or require additional SEO services, please contact us on 01323 887387 or email info@fountaindigital.co.uk for assistance.

We cannot guarantee any specific page rank position or any loss of page ranks indexed by search engine providers.

SEO - Search Engine Optimisation & Hosting

If your current website plan is on "Startup" and you terminate your SEO contract, you will be automatically upgraded to "Business" and charged an additional £30+vat per month to cover the CMS hosting which controls the SEO landing pages & collections. If you choose to remove the CMS Hosting, this will delete any Landing Pages created along with any CMS items such as Blogs, Case Studies, and News collections. While an active SEO plan is in place, you will not be charged the additional £30+vat.

Removing CMS collections will affect your SEO rankings on search engines. If your current plan is on Business or Business Pro, you will not be affected by this.

For security purposes, we cannot provide 3rd party SEO companies access to our Webflow team plans.

We cannot grant 3rd party SEO companies admin access to certain backend technical elements within the website for security reasons. Additional costs will be incurred for carrying out additional technical SEO works as these are not covered by your monthly website plan.

You can purchase or subscribe to additional SEO packages from us at any time.

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Our web hosting services are exclusively available for websites developed by our team.

While we strive to ensure uninterrupted service, you acknowledge that server downtime may occur due to system upgrades or other reasons. We do not accept liability for any downtime or data loss, and compensation will not be provided. Additionally, we are not liable for losses resulting from acts of god or force majeure, including civil unrest, riots, floods, drought, fire, war, and legislative impositions.

For further details, please refer to the "Hosting" section.

The personal information we retain about you and your business includes your name, address, contact details, and the names of the websites we host for you. Should you require, please request to review our Data Protection Policy.

Rest assured, all client information remains confidential and will not be disclosed to any third parties. For further details, please consult our Privacy Policy

By subscribing to an account with us and continuing to use our services, you agree to abide by these terms and conditions. These terms and conditions are applicable to all accounts held with us. Hosting multiple domains on a single account is not permitted. Subdomains, where available, may be utilised as extensions of the main website but may not be used to host additional websites. Any domain names forwarded to a website hosted by us or added (using either another provider's forwarding service or the Add-on or Parked domains feature in the control panel) must belong to the account holder.

You are solely responsible for any loss or inability to retrieve your Website Content due to hosting on our Platform. We strongly advise you to regularly backup and/or archive your Website Content. Please be aware that we are not obliged to create backup copies or archive your Website Content on your behalf.

For further details, please refer to hosting, Section 5.

Should your account surpass its monthly bandwidth limit, we will notify you accordingly. If you opt not to acquire additional bandwidth or upgrade your account and persist in exceeding the limit, the account will be temporarily suspended until you enhance your monthly bandwidth allocation.

Our Start Up plan includes a monthly CDN bandwidth allocation of 50 GB. Meanwhile, our Business and Business Pro plans offer a monthly bandwidth allowance of 200 GB. These bandwidth allocations are determined by our supplier, Webflow, and are subject to change in accordance with their policies and updates.

For further assistance, please reach out to us at:

Email: accounts@fountaindigital.co.uk

Phone: 01323 887387

You are responsible for any misuse of your account and you must take steps to ensure that others do not gain unauthorised access to your account. Your password provides access to your account and it is your responsibility to keep your password secure. Sharing your password and account access with unauthorised users is strictly prohibited. You must prevent others from using your account since you will be responsible for the consequences. Attempting to obtain another user's account password is strictly prohibited and will result in termination of your account. You may not use your account to breach the security of another account. You may not attempt to circumvent user authentication or security of any account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of an account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to; "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

An account provided by us may only be used for lawful purposes. Use of our account to infringe upon any copyright, patent, or trademark is strictly prohibited. This includes, but is not limited to, offering counterfeit merchandise of a trademark holder for sale, unauthorised copying of content, music, books, photographs, videos or any other copyrighted work. We reserve the right to suspend or terminate an account immediately in the event of an infringement or suspected infringement (as defined in the preceding paragraph) by you. Additionally, we retain the right to suspend any account immediately if there is a legal dispute concerning any content on your website. If you suspect that one of our accounts is being used to infringe a copyright, patent, or trademark, please email support@fountaindigital.co.uk with the appropriate information.

Copywriting Services

You are responsible for reviewing all content provided and written by us. If we have written any articles, news, or blogs and referenced any sources, you must verify all references within these materials at all times. We are not liable for any inaccuracies in content or reference sources used. You must approve and verify all content and reference sources before they are published on your website.

You are not permitted to use your account to display on a website or otherwise disseminate any of the following content:

• Adult material
• Foul or abusive language
• Warez (pirated software)
• Illegal MP3 or other media downloads
• Slander or libel
• Impersonations
• Promotion of violence or terrorism
• Racial, sexual, age, or political discrimination
• Archives of image, music, or video files, or other files for download that may strain our hosting facility
• Chat rooms
• Other content deemed inappropriate by us

The term "adult material" encompasses all forms of pornography, links to adult sites, and advertisements for escort agencies and other adult services, at our discretion. "Warez" refers to pirated software, ROMS, emulators, phreaking, hacking, and password cracking, also at our discretion. This includes any sites providing "links to" or "how to" information about such material.

We reserve the right to immediately suspend or terminate any account found to be displaying or disseminating the aforementioned prohibited content on a website. If you believe that one of our accounts is being used in this manner, please email support@fountaindigital.co.uk with the relevant information.

We undertake to provide, or arrange for the provision of, the Services to you as outlined in the agreement. We will make reasonable efforts to deliver all services promptly. Please note that any dates or times specified for the commencement or completion of any part of the services are estimates only. The services may be provided onsite or remotely via your internet connection or by telephone, at our discretion. If, in our reasonable opinion, it is necessary and/or desirable for you to install remote support software, we will provide such software.

We reserve the right to make variations and additions to the services from time to time, acting reasonably, for operational reasons (provided that these do not materially and adversely affect the Services), to comply with any legal or regulatory obligation, or for any other reason.

In addition to our other remedies, we may suspend all or part of the services without prior notice if we reasonably believe the circumstances justify this to protect ourselves or others, to comply with any law, if you have failed to pay any charges, or if any events occur which would entitle us to terminate this agreement. When deciding to suspend the services, we are not obligated to consider the cost or damage to you that may result from the suspension. We may also suspend all or part of the Services to conduct maintenance if, in our reasonable opinion, it is necessary or desirable to do so. In such instances, we will provide you with as much prior notice as is reasonably practicable.

The Customer shall comply with the provisions of the Data Protection Act 1998 and all other relevant data protection legislation at all times. You and we acknowledge and agree that you are the data controller and we are the data processor with regard to all personal data of your personnel (as defined in the Data Protection Act 1998). Therefore, you confirm that you are solely responsible for ensuring that any data processing and security obligations arising from the provision of the Services comply with applicable data protection law.

We will only process personal data for the purpose of providing you with the services. We have implemented and will maintain appropriate technical and organisational measures throughout the duration of these terms and conditions to safeguard against accidental, unauthorised, or unlawful processing, destruction, or disclosure of personal data. Additionally, we have established adequate security protocols and procedures to prevent unauthorised access to any equipment used for processing personal data.

Whilst Fountain Digital Ltd endeavours to ensure the delivery of form submissions, it's important to acknowledge that various factors may affect the receipt of email notifications. This challenge is not exclusive to our company; however, we continuously work with hosting providers to optimise email delivery for our customers. We highly recommend validating the functionality of your website's contact forms by submitting a test entry periodically to confirm successful email reception. It's prudent to conduct this verification on a weekly basis. Should you encounter any issues with receiving the test email, we encourage you to promptly raise a support ticket by contacting us at support@fountaindigital.co.uk.

Contact Forms:

Every website hosted by us is equipped with a standard contact form, comprising fields for Name, Phone Number, Email Address, and Comments. For clients seeking tailored form integrations, we offer customised solutions with a corresponding quotation for the required modifications. Additionally, we extend email account services through Microsoft 365, available as an optional add-on service with applicable charges.

Both our servers and Webflow servers are set to perform daily backups. However, we cannot guarantee error-free backups of your website data.

Ensuring the accurate backup, secure storage, and offsite retention of your data is solely your responsibility.

We do not accept any responsibility for failed backups, data loss, or corruption.

We do not take responsibility for backing up Microsoft 365 emails and OneDrive data. We strongly recommend investing in a third-party backup solution for comprehensive data protection.

Our partners and affiliates include:

• Microsoft 365 - Partner Suppliers GIACOM & Infinity Group
• Autotask Workplace
• Zextras for Zimbra
• Ecwid
• Mailstore
• ZenDatto
• Vostel
• Security in Office 365 Whitepaper can be provided upon request
• Autotask “Datto” Security Architecture Guide can be provided upon request

Please note that we act as data processors for the contracted services provided, while you, as the client, serve as the data controller.

• Website Rental without (CMS) - Usage limited to a maximum of two hours per week.
• Website Rental with (CMS) - Usage limited to a maximum of two hours per week.
• Telephone Support - Limited to a maximum of one hour per week.
• Email Account Storage - Restricted to 6GB per account.
• Static Website Pages - Restricted to a maximum of one hundred pages.
• (CMS) Content Management Items/Collections - Limited to 2,000 items/collections.
• Onsite & Remote IT Support monthly contract - Not to exceed 5 hours per week. Exceeding this limit will incur additional charges as stipulated in your contract.

• Our operating hours are Monday to Friday from 9:00 am to 5:00 pm.
• Hourly Rate: £65 + VAT
• Day Rate: £385 + VAT
• Out-of-Hours Rate (On Call/Call Out): £90 + VAT per hour
• A 50% upfront payment may be required before commencing any work (agreed upon and stated on your invoice).
• Payment is due upon receipt of invoice.
• All work is documented and tracked through our ticket system.
• Data backup responsibility rests with you.
• We exclusively work on website platforms agreed upon in advance.
• Websites not under contract with us will not be hosted.

For legacy customers under a rolling 12-month contract, followed by a one-month rolling contract thereafter, the SEO (Search Engine Optimisation) services included in the agreement cover the following:

• Changes to Meta Title Tags, if necessary
• Changes to Description Tags, if necessary
• Monthly Google Analytics reports available upon request
• Google Search Console fetch
• Sitemap updates

Please note that the package does not include:

• Any Additional Search Engine Optimisation packages
• Content writing
• Keyword research and on-page optimisation
• Monthly software reporting
• Open Graph Images
• Graphic design work
• Social Media Platform management
• Google Business optimisation
• Image Alt Tags optimisation
• Structured Data Mark-up
• Website template design changes

We no longer offer additional hours at £65 + VAT per hour. If you wish to upgrade your SEO package or require additional SEO services, please contact us at 01323 887387 or email info@fountaindigital.co.uk.

Our E-commerce platforms are built on Webflow and Ecwid, with us serving as resellers. E-commerce services are charged additionally as stipulated in your signed contract on a monthly basis. Charges for Webflow E-commerce can be provided upon request.

Please be aware:

• Tasks such as adding new products, creating categories, managing shipping, processing payments, or updating existing products are not within our scope of service.
• As the administrator of Webflow or Ecwid, you are solely responsible for maintaining your E-commerce platforms.
• We offer assistance in the installation and setup of Ecwid, including the creation of up to 5 test categories and 2 products per category.
• We provide training, support, and technical assistance as required.

For SEO & Marketing packages, please refer to your signed SEO Marketing agreement to determine the specific packages outlined in your contract. All SEO & Marketing packages entail either three-month or six-month contracts. After the contract period, you can terminate with one month's written notice, after which we will close the account. Failure to cancel your agreement will result in automatic renewal on a monthly basis. We reserve the right to terminate the contract if communication regarding your campaign is lacking or if payment is not received. Regarding paid campaigns, we will directly pay the fees to Instagram, Facebook, and LinkedIn on a monthly basis and invoice you separately for these charges. Ad spend charges are distinct from your SEO & Marketing contract. It's important to note that we cannot guarantee specific ranking positions within search engines throughout the entire agreed contract term.

You have the freedom to terminate your subscription at your convenience. However, it's important to be aware that depending on the specific product and subscription type, canceling before the contract term concludes may incur penalties. Subscriptions with a monthly commitment payment do not carry penalties for cancellation at any time. However, for annual commitment subscriptions paid on a month-to-month basis, there may be associated penalties upon cancellation. We recommend reviewing the comprehensive terms and conditions for annual commitment subscriptions for further details.

Please note that subscriptions paid upfront for the entire contract duration are considered non-refundable in the event of cancellation before the contract period elapses. We encourage you to thoroughly review the Microsoft Online Subscription Agreement for detailed information.

We do not offer or draft any legal website policies or requirements, including but not limited to:

• Terms & Conditions
• E-commerce shopping cart policies
• Privacy Policy
• Terms of Use
• Cookie Policy
• Acceptable use

You are responsible for providing all necessary legal documents.

Web Accessibility Laws & Policies:

We do not provide or draft any policies related to Web Accessibility.

We do not offer any software for testing purposes.

We do not conduct Website Accessibility testing through any third-party software.

However, if you supply us with a Website Accessibility Statement conducted by you or any third party, and it necessitates any design or structural modifications to the current website for compliance, we will furnish you with a written quotation for carrying out the requisite changes.

Our telephone VoIP Provider is Vostel Limited, located at Archer House, Britland Estate, Northbourne Road, Eastbourne, East Sussex, BN22 8PW. You can find more information about them at https://www.vostel.co.uk. We operate as a reseller of VoIP services under the brand name FDVox, which is powered by Vostel Limited.

Terms & Conditions Here

We use third party integrations who are reponsible for data processing.

Webflow

Webflow acts as a data processor for your website. Their privacy policies can be found here. EU & Swiss Privacy Policy. Global Privacy Policy.

Cognito Forms

We use Cognito Forms to securely collect and manage your personal information in compliance with GDPR. You can learn more about how Cognito Forms protects your personal information in the Cognito Forms Privacy Policy.

ECWID Ecommerce Store

Ecwid collects and processes personal data in a compliant manner. However, it is your responsibility to comply with GDPR requirements when you collect and process personal data from your EU customers. Under the new regulation, personal data is defined as any information that can be used to directly or indirectly identify a person. This includes: a name, a photo, an email address, an IP address, bank details, posts on social networking websites, medical information, and even random codes that are assigned to users to gather analytics, conduct A/B tests, and more.

Elfsight

In the light of GDPR regulations and changing privacy laws in EU, we get a lot of questions about whether our apps are GDPR compliant or not.

Thus, we have to inform you that our apps use only one cookie, and its purpose is to make sure that each person's views of the widget are not counted more often than once in 15 seconds, to prevent our customers from getting too many views. Apart from that, we don't use any other cookies, and we don't collect or store any personal information.

Elfsight Privcy Policy.

We retain the right to modify our Terms and Conditions. Any alterations will be published on this page. Your continued use of your account signifies your acceptance of the changes we have implemented.