Care
Terms of service
Purpose
This document outlines the Care service. The primary purpose of the ITrex Care package is to keep your business online. We do this by focusing on maintaining your online reputation, providing the knowledge of how to move forward, and providing access to our expert tech team. Care helps to ensure you and your business’ online systems have the support they need to keep everything running smoothly.
Terms of Service
Before using any of the ITrex services, you are required to read, understand and agree to these terms. You may only use our Care service after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE ITrex SERVICES (“SERVICES”). BY USING THE ITrex SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT ITrex’s ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORISED TO USE THE SERVICES.
Acceptance of Terms
Please read these terms carefully before using the services. All members of ITrex Care have implicitly agreed to the terms of Care found within this document.
Description Of Service
The ITrex Site is an online service that offers chat and email support to operators of websites or apps running on a variety of platforms and technologies. The Support offered by the ITrex team is detailed in the three sections below
1. MOVING FORWARD,
2. REGULAR EXPERT SUPPORT &
3. MAINTAIN REPUTATION
Services include, but are not limited to, any service and/or content ITrex makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the ITrex Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of ITrex. ITrex reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
1. MOVING FORWARD
a. Monthly Reporting
Almost all delivered code or platforms rely on a suite of third party extensions and codebases. The state of these platforms are monitored by ITrex. ITrex will deliver a monthly written or verbal report which will outline industry developments, potential issues on the horizon, ideas about the direction of your product, or updates to pricing or terms of any third party agreement. ITrex has full discretion as to what will be included in each report.
2. REGULAR EXPERT SUPPORT
a. Telephone Support
All queries requiring telephone support will be responded to by phone within 24 hours of receipt of the query. You will always talk with an expert to resolve your issue.
b. Email Support
All queries requiring email support will be responded to by email within 2 hours of receipt of the query. You will always talk with an expert to resolve your issue.
c. Urgent Support
As ITrex is monitoring uptime every minute ITrex will be almost immediately informed if any key digital service is offline. Text messages are sent to key ITrex employees on failure of your key systems. ITrex will forward the issue, marked as high priority, to the first available representative for assessment. ITrex will inform you of any downtime or major issues as soon as ITrex is made aware of them.
d. All Support
In the ITrex Care package the key objective is to ensure your website stays online and effectively managed. When you sign up for our monthly Care package either you, or ITrex has made a best estimate as to how much support you’re going to need. Your Care budget is first assigned to the maintenance, security and reporting of your system. All remaining time can be allotted to any other support task. Your support time is first limited to your monthly package limit, then we bill on a by minute basis thereafter according to our flat £1.75/minute rate.
3. MAINTAIN REPUTATION
a. Uptime reporting
ITrex agrees to monitor a minimum of two services that are required for the operation of the organisations systems. Any issues with these services will be managed by ITrex and suitable holding pages will be deployed in the event of significant downtime (significant downtime is defined by the ITrex team). ITrex will find the explanations of downtimes and recommend best courses of action to resolve any issues.
b. Operating system upgrades
ITrex agrees to ensure any operating system that is running your critical services are kept up-to-date with security and critical stability patches. Updates will be delivered each month on a day that is most convenient to ITrex. ITrex will monitor your customer activity to ensure updates are done when your product is at an activity minimum. Wednesdays are a preferred day for updates.
c. Plugin and code updates
ITrex agrees to ensure any prepackaged code written by ITrex or installed by ITrex, that’s running your critical services are kept up-to-date with security and critical stability patches. Updates will be delivered each month on a day that is most convenient to ITrex. ITrex will monitor your customer activity to ensure updates are done when your product is at an activity minimum. Wednesdays are a preferred day for updates.
d. 3rd party code updates (e.g. facebook, tracking codes, payment gateways)
ITrex agrees to ensure any 3rd party code written by reputable vendors that’s running your critical services are kept up-to-date with security and critical stability patches. Updates will be delivered each month on a day that is most convenient to ITrex. ITrex will monitor your customer activity to ensure updates are done when your product is at an activity minimum. Wednesdays are a preferred day for updates.
e. Email reporting
If ITrex agrees to monitor emails. We will monitor email delivery, email open rates and the systems which facilitate email to provide the data to you so proactive measures can be taken when opportunities, errors or issues arise. With email your deliverability score acts like a financial credit rating. ITrex cannot guarantee any specific score or deliverability percentage. ITrex will advise on best practice to improve this score. ITrex will monitor changes to this score and make recommendations.
f. DNS reporting
If ITrex manages your DNS. ITrex will provide a large range of DNS backups and a fast replacement DNS server to improve speed of access of your web service. ITrex will monitor its use and notify you of any problems to this service.
g. Disaster recovery
ITrex will be available to replace the server in the event where there is a significant problem. ITrex is not responsible for hardware or software failure.
h. Regular backups
ITrex will use a third party service to ensure your system is backed up regularly. Your backup frequency will be subject to your Care package and if your service is hosted with ITrex. We can advise on this subject and suggest a Care package for your product.
Third-Party Materials
Certain services available may include materials from third parties. ITrex may provide links to third-party websites as a convenience to you. You agree that ITrex is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that ITrex is not in any way responsible for any such use by you.
Registration
As a condition to using ITrex Care you are required to sign up to our monthly direct debit billing system and ITrex will create an account with ITrex on your behalf and you will receive a password and username in your welcome email.
Don’t reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify ITrex of any security breach of your account. ITrex shall not be responsible for any losses arising out of the unauthorized use of your account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your ITrex account.
Services are available only to legal entities and to individuals who are at least 13 years old.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the ITrex Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
Payment
You agree that you will pay for the Services, and that ITrex may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing ITrex with a valid payment method for payment of all fees.
Rollover
In each ITrex package the free or included support minutes that are allot each month do not rollover. All minutes for each package need to be used in the month they have been allocated too.
Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
Unless otherwise stated prices for the Care Service will equal the price for the minutes you have used multiplied by the £1.75/minute rate. The Care Service does not provide price protection or refunds in the event of a price reduction or promotional offering.
Refunds
We do not offer refunds. If there are extenuating circumstances, please open up a ticket with us.
Use of Services & Rented Content
You agree that the Care Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by ITrex and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. ITrex reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by ITrex for compliance purposes, and ITrex reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to ITrex. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
Release & Indemnity
You hereby expressly and irrevocably release and forever discharge ITrex, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless ITrex, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or ITrex Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
Limitation of Liability
In no event shall ITrex be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
ITREX, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY ITREX OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Intellectual Property
ITrex, itrex.co.uk and other Lifetime Value LLC graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of ITrex. ITrex’s intellectual property may not be used in connection with any product or service without the prior written consent of ITrex. Notwithstanding the foregoing, the images and icons available in the ITrex Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the ITrex Site.
You are provided with a full and exclusive lifetime licence for any code developed exclusively for your site. Any software which has already been developed by ITrex and/or was not specifically requested by you, but has been used or is in use by you or your product or service such that ITrex can deliver it’s Care service is owned solely by ITrex. You are granted an exclusive licence to use provided ITrex software while you are a Care member.
Support Requests & Reasonable Use
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email support@itrex.co.uk.
All requests are subject to a time cap on your account (Chosen by you when you begin Care). Once your cap is exceeded works are billed at our standard rate per hour. All works are billed at the same rate, regardless of the complexity or personnel required to fulfil requirements. The effort required for development is exclusively determined by the ITrex team. For work outside of the scope of the ITrex Care agreement, ITrex management may provide alternative solutions to the client including referral to the ITrex partner network.
ITrex provides 12/7 (from 8am to 8pm 7 days a week) support, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by ITrex management or by its assigned agent.
Contract Length
All ITrex agreements are a combination of minute-by-minute and fixed rate. This means you pay up front for digital services each month and then pay additional per minute of Care Support used.
Termination & Cancellation
Cancellation can occur at anytime. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.
ITrex may terminate or suspend any and all Services and/or your ITrex account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your ITrex account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can contact us through the contact page or support area to issue a termination request.
Change
ITrex reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, ITrex will notify you by posting an announcement on the site. What constitutes a material change will be determined at ITrex’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind ITrex in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. ITrex shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ITrex’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. ITrex may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United Kingdom. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.