/// Terms of Business

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Our aim is to always communicate in a clear and simple way!

The terms laid out here apply to all of our work unless terms are agreed and provided in writing.

/// Reporting Issues

openDYNAMIX uses a trouble ticket system which is accessible from http://support.opendynamix.com

Issues should be reported by email to [email protected] or a ticket raised in the trouble ticket system.

Issues may also be reported directly to a member of staff via any available channel however, issues must be reported via email to [email protected] or raised through the trouble ticket system in order for the response time to be tracked. If issues is not raised through the trouble ticket system the response times for the issue is not be adhered to.

/// Defects

All code written by openDYNAMIX is guaranteed for 3 months. During this period if the code does not work as described we will fix the defect for free.

All code written by openDYNAMIX is guaranteed for 3 months. During this period if the code does not work as described we will fix the defect for free.

Defects are subject to the SLA times provided.

/// Changes

Changes are defined as amends to a website/application to change the content or functionality so that it differs from what was previously described or provided.

Changes are scheduled based on the availability of openDYNAMIX development resources. Changes are not subject to the SLA times provided.

Changes are normally scheduled within one (1) working day. Once scheduled we will notify the reporting person, by email, when the work is scheduled to commence.

/// Response Times

Response times are only applicable to defects.

openDYNAMIX will classify all issues as one of the following and as such each will aim to resolve within the given times:

  • Urgent: an error which has caused the Website to be offline or be in such a state that it is causing the client serious brand damage. E.g. if a payment gateway is allowing users to checkout without taking payment or contact forms are not triggering emails through to the client and hence they are losing enquiries. Aim to resolve within 1 working day.
  • High: an error that is causing the client to lose revenue directly but one that is not deemed as “urgent”. Aim to resolve within 2 working days.
  • Normal: an error that inhibits typical user experience but does not result in a loss of revenue for the client directly. Aim to resolve within 10 working days.
  • Low: an error that is not inhibiting typical user experience. Aim to resolve within 14 working days.

/// Undertaking of Work

Before commencing any work our developers will estimate the time that will be required to resolve an issue or make a change. We will then advise the client of the time required and any cost that will be incurred.

Upon the client’s agreement of the work to be undertaken, including the timescale and cost and the client’s provision of any access credentials that are required, the job will be scheduled if required and allocated to a developer.

/// Reporting

Accurate reporting on the time spent on each issue will be provided via email at the end of each month.

Reports are produced on the last friday of each calendar month.

Reports are emailed to an email address nominated by the client.

Reports will be provided in PDF file format.

/// Contract Term

The minimum term for any ongoing service is three (3) months, expect for domain name registration.

The minimum term for domain anme registration is twelve (12) months.

Contracts will be automatically renewed for the initial term agreed.

/// Contracted Hours

Contracted support hours that are part of any maintenance contract, can roll over from one month to the next if not used.

Contracted support hours must be used with twelve (12) months of the billing date for the hours.

Where a job takes longer than any any hours available through a maintenance contract, the client will be charged the current Pay As You Go rate of forty (40) pounds per hour for each hour not covered by the maintenance contract.

/// Payment for support services

Payment for pay as you go services will be invoiced (in accordance with our payment terms) once the agreed work has been completed.

Payment for the Silver and Gold maintenance packages is required by Direct Debit which must be set up upon commencement of the support contract. Payment these services is required a month in advance.

/// Termination of Maintenance Contract

Silver and Gold maintenance packages can be canceled at any time.

A period of one (1) month notice is required to cancel these services.

Cancellation of the service should be made in writing by emailing [email protected]

/// Project Closure

Once the client is satisfied that the site, code or application meets the requirements of the brief and is functioning as expected they are required to ‘sign off’ the deliverable. This is applicable for every code and design deliverable for the project.

This ‘sign off’ attests to the clients acknowledgement that openDYNAMIX has completed the contracted work. This is to be considered as the end of active development within the current agreement.

/// Project Billing

All development projects are subject to the following billing terms unless otherwise stated in writing:

Projects quoted at 1 days development work or less will be billed in full upon completion of the project. Projects quoted at more than 1 days development work are billed in two (2) parts. 1: 50% of the project cost is billed before openDYNAMIX undertakes the work. These funds must be cleared in order for the work to commence. 2: all remaining costs are billed upon delivery of the project. Projects requiring phased deliveries are subject to contract.

Clients are liable for all expenses incurred by openDYNAMIX in the execution of any development work. The cost of such expenses will be billed to the project account.

/// Payment

openDYNAMIX accepts payment by BACS / electronic transfer and via PayPal. openDYNAMIX does not accept payment by cheque. Where payments are made via PayPal, openDYNAMIX reserves the right to charge 3.5% of the total invoice amount will be added. This cost is levied by PayPal for handling the transaction.

All invoices are provided electronically in the PDF format.

Unless otherwise stated in writing, all invoices are payable immediately. If monies are not received before the due date stated on the invoice, they are considered ‘delinquent’. Delinquent invoices are subject to a charge of 20% of the total invoice amount that is overdue.

Accounts remaining delinquent for more than fourty five (45) calendar days will be considered ‘defaulted’. openDYNAMIX reserves the right to suspend all services and work supplied to customers with delinquent and/or defaulted accounts. openDYNAMIX will pursue legal action to recover all defaulted accounts.

All prices are listed in British Pounds (GBP), unless otherwise stated.

/// Recurring Payments

Payments for subscription services are made by Direct Debit via GoCardless.

Clients will receive an email from GoCardless to set up and authorise the Direct Debit.

GoCardless provide a secure website which allows clients to manage the Direct Debits.

openDYNAMIX will provide clients with details of the payment schedule and will notify clients of any changes to the schedule or payment amounts.

GoCardless will notify clients three (3) days before any money is collected from their account.

GoCardless provide this service is accordance with the Direct Debit Guarantee.

/// Design Work

openDYNAMIX will typically provide 1 or 2 draft site designs for each project. The client is to select one (1) which is to be developed by openDYNAMIX, including any requested alterations. This will then be approved before the site is provided for testing and/or publication.

Whilst every endeavour will be made to ensure that the website and any scripts or programmes are free of errors, openDYNAMIX cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed), written by openDYNAMIX remain the copyright of openDYNAMIX and may only be commercially reproduced or resold with the permission of openDYNAMIX.

openDYNAMIX cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

/// Copyright and Intellectual Property Right

Any scripts, CGI applications or software (unless specifically agreed), written by openDYNAMIX remain the copyright and sole intellectual property of openDYNAMIX and may not be commercially, or otherwise be reproduced or resold without express written permission. In such cases licensing or royalty fees may be applicable.

All deliverables, including but not limited to, scripts, software, graphics and content, remain the sole property of openDYNAMIX until all accounts related to the project are settled.

Where applicable, the copyright and intellectual property ownership of any materials and content provide to openDYNAMIX by the customer will remain with them, or any other original holder of said rights.

/// User Functionality and System Development Requirements

The brief or any other requirements document provided to openDYNAMIX shall form the statement of work to be included in a contract related to the project and is the basis for the quote to be provided to the client. It is expected that the client should be able to provide a document containing the project scope, preferred completion date and business, user and/or functional requirements for the project.

Where this is not available, openDYNAMIX will provide the necessary support required to build such a document. Where the time required to build the brief exceeds one (1) hour, openDYNAMIX reserves the right to charge £85 per hour required to complete the document.

This document requires approval from an authorised agent of the client as it will form the statement and scope of work to be attached to or accompany the agreement for openDYAMIX to undertake any development work.

Changes to the brief or specifications are at the sole discretion of openDYNAMIX. Where changes alter the complexity of the deliverable or extend the work effort that is required to complete the project, openDYNAMIX reserves the right to charge for the work. openDYNAMIX shall not be responsible to delays to delivery due to client requested changes to the brief.

/// Website Optimisation

openDYNAMIX shall not be responsible for URLs dropped or excluded by a search engine for any reason.

openDYNAMIX do not represent or warrant that Customers’ URLs will achieve a favourable position, or any position, within a particular search engine.

Content development and suggestions are provided as a ‘best effort’ in relation to achieving higher rankings in search engines.

The methods by which search engines determine page rankings and index positions for URLs changes frequently and often without warning. For this reason SEO is an ongoing commitment. openDYNAMIX does not warrant that any position achieved in the listings of any specific search engine will be maintained.

Customers employ the SEO suggestions of openDYNAMIX solely at their own risk. openDYNAMIX is not responsible for a lower page ranking resulting from the deployment of any SEO suggestions provided.

All SEO goals are to be agreed by both the client and openDYNAMIX before optimisation work is to be commenced.

Any SEO commitment provided free with any web development work contracted from openDYNAMIX is limited to two weeks after a site is indexed by Google, Yahoo and Bing, unless otherwise contracted. openDYNAMIX reserves the right to charge for SEO work completed after this period.

/// Database Application and ecommerce Development

openDYNAMIX cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

It is recommended that clients backup any existing software code and data before the installation, testing or other use of any software or script.

/// Compatibility

openDYNAMIX will endeavour to ensure that any designed and/or developed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with common modern web browsers shown in the table below:

Web sites and applications are not developed for use on tablet or mobile devices unless these devices are specified in the development or requirements specification document.

Bowser Version Device OS Support Level
Internet Explorer 7 Desktop Windows XP No Longer Supported
Internet Explorer 8 Desktop Windows XP/Vista/7 Degrades Gracefully
Internet Explorer 9 and 10 Desktop Windows 7/8 Complete
Mozilla FireFox 17 or later Desktop Mac & Windows XP/Vista/7 Complete
Opera 11 & 12 Desktop Mac & Windows XP/Vista/7 Complete
Safari 5 & 6 Desktop Mac & Windows 7 Complete
Google Chrome 19 or later Desktop Mac & Windows XP/Vista/7 Complete

Web sites and applications are not developed for use on tablet or mobile devices unless these devices are specified in the development or requirements specification document.

/// Testing and Defects

The client is expected to test fully any application or programming relating to a site or application developed by openDYNAMIX before being made generally available for use. Once this testing is completed and the client has verified the site, script, application or software functions as expected, the deliverable will be considered live. Where "bugs", errors or other issues (to be known hereafter as defects), are found after the site, script, application or software is live, openDYNAMIX will endeavour (but is not obliged to), to correct these issues to meet the standards of function outlined in the brief or specification documents. openDYNAMIX only accepts notification of defects via eMail or through our online Defect Management System (DMS). Without a DMS reference number the defect is not valid.

Where openDYNAMIX is not hosting the deliverable or contracted to provide the servers for the project, it is the responsibility of the client to provide a suitable testing environment for the software, site. This environment should be identical to the production environment, if the actual production environment is not used for testing. Where the testing and production environments are not identical, the results of any testing may not produce similar results to the production environment. openDYNAMIX will not be liable for assisting in commissioning the test environment or any delays to the project or additional development work that may be required for the deployment of the software or site to the production environment. openDYNAMIX reserves the right to charge for any development work that is carried out to correct such problems.

openDYNAMIX is able to provide testing plans for software, script and sites. If this deliverable is not included in the project contract, openDYNAMIX reserves the right to charge for this work in addition to the quoted project cost.

/// Cancellation of Development Services

The client may cancel a development project at any time in writing.

In the event the client elects to cancel, any deposit paid will be non refundable. Where the cost of the work effort and expenses incurred in execution of the project up to the date of cancellation exceeds the deposit amount, the difference will be payable by the client.

/// Domain Registration

openDYNAMIX retains control over all domains registered. Minimum registration period of twelve (12) months applies to all domains. Domains registered as part of website development work may be provided free for the first twelve (12) months. Domain name prices listed include all fees related to registration.

Twenty eight (28) days before your registration expires openDYNAMIX will attempt to send a renewal notice to an eMail address designated by you. It is your responsibility to ensure that you notify openDYNAMIX of any change to this email address. You must must respond to the renewal notice within twenty (20) days if you do not want your domain name registration renewed. Upon automatic renewal of your domain name registration openDYNAMIX will issue an invoice for the registration service.

Once your registration has expired there is no guarantee openDYNAMIX will be able to re-register your domain name. Domain name registration renewals requestion up to ninety (90) days after the renewal can possibly be processed depending on the top level extension of your domain name. Renewals that are processes during this period are not guaranteed, take longer than normal domain renewal to process and are subject to a standard charge of £90.

openDYNAMIX is not a domain registrar. openDYNAMIX acts as a domain registration management agent.

/// Domain Registration Transfer (In)

You can transfer a domain name from a 3rd party registrar provided the minimum requirements for a domain name transfer are met.

Domains must be registered for a minimum of sixty (60) days.

The domain registration WHOIS data must be up to date and publicly available.

You will need access to the email address recorded in the domain name WHOIS data.

Where applicable the EPP Authorisation Code must be supplied in order for the domain registration transfer process to proceed.

Domain name transfers to openDYNAMIX are subject to the standard domain registration costs.

Once the registration for a domain name has been transferred the WHOIS data will be updated with our contact information.

/// Domain Registration Transfer (Out)

Customers are able to transfer their domain name to another registrar of their choosing or transfer their domain name to our registrar for a one off charge of £25.

Your domain registration must be current.

Your domain must be registered for a minimum of sixty (60) days.

To transfer an .uk domain we must be provided with the IPS Tag of the registrar the domain name is to be transferred to.

Invoices for domain transfer services are payable immediately and openDYNAMIX reserve the right to begin the transfer process only once payment for the transfer has been cleared.

openDYNAMIX will prepare the domain name for transfer and then inform its client to to initiate the transfer. We will respond to any requests for approval within 24 working hours and upon receipt of any authorisation codes we will forward these on to you.

Once we have provided authorization for the transfer of a domain name we have no more control it. Any further queries related to the domain’s registration will need to be directed to the new registrar.

/// Domain Name Services (DNS)

openDYNAMIX provide a single primary name server for all domains we register. We also provide several secondary name servers around the w through our DNS technology partner, Zone Edit®. openDYNAMIX accepts no responsibility for losses related to DNS service outages across any host or network.

Changes to your DNS records can be made via eMail to [email protected] Changes will be committed to record within four (4) working hours. Typically new records will propagate across the public infrastructure within twelve (12) hours. openDYNAMIX makes no warranty as to this time frame. openDYNAMIX accepts no responsibility for the accuracy of changes that are requested by customers to DNS configurations.

openDYNAMIX supports A, NS, MX, CNAME and PTR record types only. All other records, including but not limited to; IPv6 (AAA) and SRV records are supported by best effort only and no warrant as to their fitness for purpose is made.

/// Unlimited Bandwidth and Disk Space

While openDYNAMIX does not meter disk space and bandwidth, the purpose of a hosting account is to host web sites. Using a hosting account primarily for online file storage or archiving electronic files is prohibited.

Web hosting service provided by openDYNANIX are shared hosting environments as are all our eMail services, so to ensure fast & reliable service to all of our clients, accounts that adversely affect server or network performance must correct these issues or will be asked to upgrade their account.

/// Network Security

Customers may not use openDYNAMIXs’ network in an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’s security policy.

Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.

Activities that attract denial of service attacks are expressly prohibited. Customers involved in these activities will be terminated as soon as we are aware of them. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of our customer base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of our customers.

openDYNAMIX will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. openDYNAMIX Hosting reserves the right to charge up to £500 per complaint to investigate.

/// Mandatory Security Updates

From time-to-time, we notify our clients of any exploit we deem potentially catastrophic. For an exploit to be considered catastrophic, it must be attacking widely deployed applications that are in use on a majority of servers. For example, but not limited to, software related to DNS, Apache, and Sendmail.

The security notification will be sent via our customer subscribed mailing list, with a subject line of “Mandatory Security Update”. It will provide a synopsis of the exploit, what is effected, and probable repercussions associated with failure to update. In addition, the eMail will provide a link for customers to download updated software or fixes, or patches, and directions on installing it. Customers are responsible for following the instructions in all " Mandatory Security Update" within 24 hours from their release.

To ensure the security of our services and to maintain our network integrity, if twenty four (24) hours past notification the software at issue has not been updated or patched, openDYNAMIX reserves the right to apply all necessary updates, fix any other obvious security holes we may find, and bill the customer’s account at the applicable hourly support rate without further notice or customer approval.

Where openDYNAMIX manages the hosted content, the updates will be applied by our engineers as part of a planned, out of hours service update.

/// Data Backup

openDYNAMIX maintains, as a convenience to its clients, regular automated data backups on accounts equal to or less than ten (10) Gigabytes in total size. This is provided at no extra charge. Hosting accounts greater than five (5) gigabytes in size will not be included in regular data backups; this service is, however, available for an additional service charge for accounts exceeding the five (5) gigabyte size limit.

While openDYNAMIX maintains the previously stated backups, this service is provided as a convenience only and openDYNAMIX assumes no liability as to the availability or completeness of these data backups. Each client is expected and encouraged to maintain backup copies of their own data. openDYNAMIX Hosting will provide, upon request, one (1) data restore per four (4) calendar months free of charge. Additional data restores may be provided but are subject to additional service charge of £25.

/// Cancellation of Website and/or eMail Hosting Services

openDYNAMIX reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by openDYNAMIX to customer. If openDYNAMIX initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client’s breach of the Terms and conditions, then customer agrees that no refund is due. Customers understand that service(s) can be cancelled at any time effectively ending their contract with openDYNAMIX.

Notifications of cancellation must be made thirty (30) days prior to successive re-bill period. openDYNAMIX reserves the right to deny, forfeit, or refuse refunds at any time if necessary. Third party cancellations are not accepted.

/// General Conduct

Customers are prohibited from transmitting on or through any of openDYNAMIX’s services, any material that is, in openDYNAMIX’s sole discretion, unlawful, obscene, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, national or international law.

The customer is responsible for keeping their billing data with openDYNAMIX up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

The resale of openDYNAMIX’s products and services is not permitted, unless specifically permitted and documented in a written agreement.

Facilitating a violation of these terms and conditions: Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within this document, including spam, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of these terms and conditions.

/// Disclaimer

openDYNAMIX is not responsible for any damages your business may suffer.

openDYNAMIX does not make implied or written warranties for any of our services.

openDYNAMIX denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by openDYNAMIX

The Customer will not use its network nor space provided by openDYNAMIX to violate any law. In the event Customer violates existing law, openDYNAMIX shall have the right to terminate all service set forth in this Agreement. In the event openDYNAMIX is informed by government authorities of inappropriate or illegal use of openDYNAMIX facilities or other networks accessed through openDYNAMIX, openDYNAMIX may terminate customer’s service.

openDYNAMIX will cooperate fully with investigations of violation of systems or network security at other sites.

openDYNAMIX will cooperate with law enforcement authorities in the investigation of possible criminal violations.

Customers who violate systems and/or network security, may incur in criminal or civil liability.

openDYNAMIX reserves the right to amend its policies at any time. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter terms and conditions or otherwise called Acceptable Terms of use policy.

If you have any questions concerning the above stated terms and conditions then please contact us.

/// Limitation of Liability

openDYNAMIX will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

openDYNAMIX will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

openDYNAMIX will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

openDYNAMIX will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

/// Undertaking of Work

All work undertaken by openDYNAMIX is subject to these terms and conditions unless a separate written contract exists for the specific project. No work is undertaken without a written quotation and client authorisation for the stated scope of work and associated cost.

Both the quotation and authorisation may take the form of a formal printed document or an eMail conversation. They must contain the following; scope of work and cost from openDNAMIX and an authorisation statement from the client.

The client agrees to make available as soon as is reasonably possible to openDYNAMIX all materials required to complete the work to the agreed standard and within the set deadline.

We’re pretty flexible so if you find something here that doesn’t suite your working practices, talk to use and we can see what we can do to accommodate your needs.

© 2017 openDYNAMIX Ltd