Care Plan Terms and Conditions

This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by IDM2 (the “Services”).

As used in this Agreement, “IDM2” means IDM2 and “Client”, “you”, or “your” means you. By signing up to our hosting agreement, you acknowledge that you have read the Agreement, and you agree to its terms and conditions in this document. As referred to in this Agreement, “Site” refers to a World Wide Web site and “IDM2 Site” refers to the Site located at the URL https://www.idm2.com, or any other successor Sites owned or maintained by IDM2.

1. Appropriate Use of The Service

IDM2 provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Client Content.

Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any IDM2 server in connection with Client’s use of the Services which:

• violate any state, federal or foreign laws or regulations
• infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of IDM2 or any third party
• are defamatory, slanderous or trade libelous, threatening or harassing content of any type
• file sharing music, software, bit torrents, video or pictures that contains copyright
• proxy server software (any type) used to hide users IP or cache content
  are discriminatory based on gender, race, age or promotes hate
• contain any type of pornography or illegal drugs or substances
• contain viruses or other computer programming defects which result in damage to IDM2, it’s servers or any third party

Disk Space/Data Transfer.

The Client may occupy only the amount of disk space on the IDM2 Server and utilize no more than the network data transfer that is allocated by IDM2. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.

Spam Policy.

Client shall not use our Services for chain letters, junk mail, spamming, bulk mailing (more than 500 recipients) advertising or any use of distribution or mailing lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices using IDM2 Servers or other infrastructure, or otherwise, that mentions or reference any domain hosted on IDM2 servers or parked on IDM2 DNS servers.

Server Loads.

Client agrees that any hosting account that uses excessive CPU or Memory resources (25% or more) for a sustained period of time (ten minutes or more) may be suspended at any time without notice. IDM2 reserves the right to terminate sites that are repeatedly using excessive resources at any time with prior notification. IDM2 will provide the offer to backup the clients data and FTP the tarball to the clients chosen destination server.

Licensed Software Only.

Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.

Back-Up Files and Processing.

IDM2 takes all reasonable steps to safeguard the IDM2 Servers and the data contained there-in, however IDM2 will not be responsible for any loss of Client data or DNS records stored or intended to be stored on the IDM2 Servers and/or back-up devices. The Client will not be entitled to any form of compensation from IDM2 in the event of loss of data. You as the client are responsible for your own backups. Whilst IDM2 actively performs a variety of backups daily and weekly, there may be times when the backups fail or become unavailable. As such the final responsibility for all your data stored on IDM2 Servers is ultimately your own. IDM2 provides all clients with access to cPanel where they can manage and create backups and download them to your local computer. IDM2 recommends that you (the client) take regular backups of your hosting account to minimise the risk of any serious loss of data. By acknowledging this agreement you free IDM2 from any legal action in the event of data loss and you agree that you will not be entitled to any form of compensation for said loss.

Software Updates.

The client agree’s that applications and scripts installed using Fantastico or uploaded are the responsibilty of the client and must be kept up-to-date. Failure to do so may expose our servers to possible exploits and costs to restore services may be recovered from the client of the site initially affected.

Termination.

IDM2 reserves the right to refuse service to anyone. IDM2, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact support@idm2.com

3. Payment Obligations

Pricing and Payments.

All prices are subject to change without notice. All clients who enter a monthly hosting and maintenance package with IDM2.com are guaranteed that monthly rate for 12 months from the start date of their service. Once a client of IDM2.com , you authorize IDM2.com to charge the payment method you chose on a monthly basis. All payments are automatically deducated from you PayPal account using re-occuring payments. If you are not using our automated payment method (PayPal re-occuring payments), then payment for your hosting and maintenance service is due within 15 days of receiving your invoice.

Late payments.

Any payment not received within 15 days after due date may incur a late payment fee of $5.00. Any payment not received within 45 days after the due date may have their account suspended or terminated.

Taxes.

Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.

Domain Names.

If Client chooses to register a domain name(s) through IDM2, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. IDM2 does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. Domain name registration fees must be paid up front. IDM2 accepts no responsibility for domain names registered by another party prior to the Client paying any outstanding amount.

Refunds.

Web hosting customers of IDM2 are eligible for a 30 day full money back guarantee. Should the customer choose to take advantage of the 30 day money back guarantee, all monies the customer paid for their hosting services will be refunded to them. If the customer has paid their fees via money order or cheque, a cheque will be issued and sent to the customer’s address on file. If the customer has paid for hosting services using a credit card, all monies will be refunded by the same method to which it was paid.

Note: this policy does not apply to domain names or SSL certificates.

4. Client Liability and Indemnification

Liability.

The parties agree that in no event shall IDM2 be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless IDM2 from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.

5. Terms, Termination & Reinstatement

Terms & Termination.

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received by the 25th of the respective month of cancellation. Sections 3 – 8 shall survive termination or expiration of this Agreement.

Suspension.

If IDM2 suspends any type of account for non-payment, Client shall be allowed to re-instate Client’s use of the Services within Five (5) business days of suspension upon approval from IDM2 and the receipt of full payment of balances due.

Termination.

If a Client terminates their account, IDM2 will disable and remove the account(s) the day the client specifies the cancellation to take place and all archives of the clients website(s) and files will be removed. Should the client be in arrears for 30 days or more, as per section 2, the clients site(s) may be terminated without further notice and IDM2 will not maintain or provide an archival copy of the Clients Web site(s) or files of any type. It is the sole responsibility of the Client to backup and copy any data off the server prior to the date provided in their cancellation notice or termination date.

6. Taxes

Taxes.

Client will pay and indemnify and hold IDM2 harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

7. Disclaimer of Warranty

Warranty.

The services, the IDM2 site, including without limitation, all products and services displayed or offered on the IDM2 site, and all text, graphics, links and applications are provided to client on an ‘as is’ basis and without warranty of any kind. IDM2 disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, IDM2 specifically disclaims any warranty that:

• the services will be uninterrupted or error-free
• defects will be corrected as soon as possible
• there are no viruses or other harmful components
• the security methods employed will be sufficient

8. Limitation of Liability

Limitations of Liability.

In no event shall IDM2 be liable for damages resulting from loss of data, profits, use of the IDM2 site or any IDM2 products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall IDM2’s cumulative liability exceed an amount greater than one hundred dollars ($100.00).

9. Agreement

Agreement.

• If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.
• This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by IDM2. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees.
• This Agreement is made under and shall be governed by the laws of Australia, except with regard to it’s conflict of law rules. This Agreement and IDM2’s policies are subject to change by IDM2 without notice. Continued usage of the Services after a change to this Agreement by IDM2 or after a new policy is implemented and posted on the IDM2 Site constitutes your acceptance of such change or policy. We encourage you to regularly check the IDM2 Site for any changes or additions.

Pricing & Payments

All prices are subject to change without notice. Once a client of IDM2.com , you authorize IDM2.com to charge the payment method you chose on a monthly basis. All payments are automatically deducated from you PayPal account using re-occuring payments.
If you are not using our automated payment method (PayPal re-occuring payments), then payment for your hosting and maintenance service is due within 15 days of receiving your invoice.
Should any client be 45 days later on their payment (60 days since the invoice was sent), IDM2.com reserves the right to suspend or terminate your hosting account.

Refusal of Service

IDM2.com reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

Plugin and Theme Updates Not Included

Below is a list of items that are not included in the Care Plan

• Customised Plugins (plugins that have been modified or custom coded)
• Customised Themes (themes that have been modified or custom coded)
• Premium Plugins (plugins that have been purchased)
• remium Themes (themes that have been purchased)

The reason IDM2 does not supports these type of updates is for the following reasons

• Updating a theme or plugin that has been custom coded will remove all of the custom code – IDM2 can upgrade these themes on request but will be quoted individually
• Updating a theme or plugin that has been purchased requires access to the website account (where the theme/plugin was purchased) and many of these sites require second level authentication (eg. security code sent to mobile phone).

IDM2 Customised Plugins

These are plugins that have been customised by IDM2

Customised plugins are not included in the plugin upgrades. If a customised plugin requires an upgrade, the plugin can be upgraded but will incur additional costs for the work in re-customising the plugin. This cost is capped at the cost of the initial work however the cost will normally be about half of the initial customisation costs (this depends on the plugin update). This is because the plugin will be updated and then the customisation work will need to be re-done on the new plugin.

IDM2 Customised Themes

These are themes that have been customised by IDM2

IDM2 uses child themes on client sites which allows the theme to be updated without affecting any customisation work. For some themes and customisation a child theme is not possible and therefore the work must be carried out on the parent (main) theme.

NOTE: IDM2 will inform all clients of this before customising a theme if the client has already agreed to be on a Care Plan.

If a theme requires an upgrade where the customisation has been done on the parent theme, the theme can be upgraded but will incur additional costs for the work in re-customising the theme. This cost is capped at the cost of the initial customisation work however the cost will normally be about a third of the initial customisation costs (this depends on the theme update). This is because the theme will be updated and then the customisation work will need to be re-done on the new theme.

3rd Party Customised Plugins

These are plugins which have been customised by another developer or agency

These plugins are not supported in the Care Plan

3rd Party Customised Themes

These are themes which have been customised by another developer or agency

These themes are not supported in the Care Plan

3rd Party Development Work

Any work carried out on the website by a 3rd party developer whilst on the IDM2 Care Plan will no longer be protected by the Care Plan. If IDM2 is not informed of any changes made to the site by a 3rd party developer and the site is broken when applying an update, the client will be charged for the work in resolving the issue.

• IDM2 will still support and maintain a website modified by a 3rd party developer providing the following.
• IDM2 is notified prior to the work being carried out
• IDM2 is provided with details of the changes to be carried out on the site (prior to the implementation)
• IDM2 assesses and validates the work to be carried out to make sure the site can continue being on the Care Plan.

Backups

IDM2 maintains 7 daily backup copies and 4 weekly backups allowing us to restore your site up to 1 month in the past. Our backups are stored offsite in the Amazon S3 cloud ensuring an extra layer of data protection.

Although our backup solution provides a high level of protection against data loss and corruption, IDM2 does not provide any guarantees for your backups as there are situations (unlikely situations) that may arise which are out of our control. Therefore IDM2 is not held responsible for any data loss or corruption should occur whilst on our Care Plan.

Firewall Security and Malware Protection

IDM2 does not guarantee a site to be completely secure from a hack. IDM2’s Care Plans ensures your site is protected against the most common attacks and makes it difficult for a bot or hacker to get access to your site using the common methods.

Should a professional or advanced hacker/bot specifically target your site for any reason, we cannot guarantee that their attempts won’t cause damage to your site. This scenario is highly unlikely but needs to be clarified. IDM2 therefore is not liable for any hack or malware on your website.

Support Hours

The support hours included in our Care plans can be used for any website design or development services, providing the work can be carried out in the time allocated or available on your Care plan.

The support hours included in the Care plans have the following conditions:

• Support hours do not carry over to the next month if they are not used. 
• When a support request is carried, the hours used to carry out the request will be deducated from your available support hours for the month. Any remaining hours/minutes for your month support hours allocation can be used in that current month.
• If a support requries more time than your allocated hours, the extra time (outside allocated care plan hours) will be charged at the normal hourly rate of $140 per hour.

3 Months Free (included with Website Packages)

The 3 months free Care Plans included with our Website Packages do not include the support hours (for the first 3 months only). Support hours are only included for paid Care Plans.

All other offerings in the ‘Peace of Mind’ Care Plan are included in the 3 months free Care Plan.