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Terms

Effective as of 11th March 2023


Terms of Service

The following Terms of Service ("TOS," "Terms" or "Agreement") apply to all services provided by Sagadock ("Sagadock.com", "Supplier", "we","us", or "our") to you ("Customer", "Client" ). By purchasing services from us you agree to this TOS. If you do not agree with this terms or you do not understand them you should not use our services. You can contact us to clarify any term.

1.- Application of terms

  • This TOS consists of the following: Terms of service (this document with all its Schedules), Web Hosting and Related Services Terms and Conditions, Acceptable Use Policy (AUP), and the Privacy Policy. Collectively these documents are referred to herein as the "TOS." They are referred to by their individual names if a particular paragraph applies to that document alone.
  • This TOS, together with your Order, represent the entire agreement relating to the Services and supersedes any agreements previously entered into between you and Sagadock. Any other contract provisions presented by you are expressly rejected.
  • The current TOS is always available on Sagadock website.
  • We may amend the terms and conditions contained herein including any and all Fees, and any such amendment will be displayed on Sagadock Website at least 30 (THIRTY) days prior to the implementation of the amendment. In the event that the Customer is a consumer, they may be entitled to terminate this Contract at any time up until any amendments are put into force. In the event a Customer places a further Order or continue to use the Services following the implementation of any amendment they will be deemed to have accepted such amendment unconditionally.
  • Previous terms shall, however, be valid until the end of the agreement period for such customers that have terminated their service before the entry into force of the new terms.
  • Only a Sagadock officer may alter this TOS. No agent of, or person employed by, or under contract with, Sagadock has any authority to alter or vary this TOS.
  • No oral explanation or oral information given by any party shall alter the interpretation of this TOS.
  • Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Sagadock howsoever generated shall be subject to correction without any liability on the part of the Sagadock.

2. Entering into an Agreement

The Customer and the Supplier will enter into an agreement,

  • when the Customer has notified to have approved the Supplier’s quote or work estimate,
  • when the Supplier has confirmed the order in writing,
  • when the delivery of the service has been started and it has been informed to the Customer,
  • or when the Customer has paid for the ordered service,

whichever of the above takes place first. The Supplier may reject the agreement or postpone or suspend delivery, if the Customer has any unpaid receivables or the Supplier has otherwise justified reasons to suspect that the Customer will violate the agreement.

3.- Client Obligations

  • The Customer agrees to conform to the standards and acceptable use policies of Sagadock which are set out in our Acceptable Use Policy (AUP).
  • The Customer agrees to pay all fees and charges levied by Sagadock by the invoice due date.
  • The Customer agrees to a Minimum Contract Period for the relevant Services obtained.
  • The Customer agrees to abide by the regulations set forth in this Agreement.
  • The Customer warrants to Sagadock that it has assessed the risk of using the Services, understand the liability and warranties contained within the Agreement and has given due consideration to the purchase of adequate insurance. The Customer further warrants that where applicable it has in place and will continue to maintain through the provision of this Agreement adequate liability insurance covering damage in accordance with and appropriate to the nature and extent of its business activities, including but not limited to, damage to Sagadock facilities or clients thereof or theft, physical damage, business interruption, consequential loss or any other Internet and commercial liabilities that may be relevant from time to time to time.
  • The Customer acknowledges that the Internet is not guaranteed to be a complete secure medium for communications, and, whilst Sagadock has taken steps to safeguard the security of relevant information Sagadock cannot be held responsible for any damages the Customer may suffer as a result of a loss of confidentiality (or other effect on information or data) utilised on the Internet.
  • The Customer shall at its own expense apply for and possess and maintain any authorisation, license, registration and/or other permit which is required to enable it to conduct its respective business and to the use of the Services. The Customer is required to comply with any conditions contained within any license or agreement (in so far as any requirement does not conflict with this Agreement) and shall keep Sagadock fully indemnified in the event of non-compliance.
  • You, the Costumer, will receive passwords to be used when you log into your User Area, server and/or certain Services. You are solely responsible for all passwords. You must keep all passwords confidential and take security measures to prevent any person from gaining access to them.
  • Age: For using Sagadock services you must be at least eighteen (18) years old and able to enter into contracts. If you are using Sagadock as a company you must have permissions from the company to do it.
  • You, the Costumer, must provide true, complete, and up to date contact information.
  • By using Sagadock Services, you represent and warrant that you meet all the requirements listed above, and that you won’t use Sagadock in a way that violates any laws or regulations.

4.- General terms and conditions

  • Sagadock will adhere to all relevant Data Protection legislation in relation to personal details that the Customer may provide from time to time, and associated information will be managed according to Sagadock Privacy Policy. The Customer agrees that Sagadock is under no obligation to edit, review or otherwise modify any information provided by or behalf of the Customer.
  • Sagadock will provide internet connectivity for Services as agreed within the Service Order for the duration and under the terms of this Agreement.
  • Sagadock will provide technical support services as defined herein or within any Service Order for Services of the Customer.
  • Certain aspects of the Services will only be licensed to you. These aspects may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, this license will end.
  • Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during your current Term and may not be transferred to other Costumer or to third-parties. Upon Termination of your Agreement such Service(s) will also be terminated.
  • The proprietary and third-party software we offer as part of the Service is provided as-is and is subject to all warranty disclaimers and limitations of liability set out herein. This software may have terms and conditions that are in addition to those set out in this TOS. You must agree to those terms to use the software. If you fail to do so, your ability to use the Service may be affected. Sagadock do not endorse any software made available, and the client holds Sagadock harmless for its use and applicability.
  • To the maximum extent applicable under national law and without affecting your rights as a consumer, the Services are provided on as-is basis. The hardware configurations may vary. Sagadock may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server or modify certain software configurations when deemed necessary by Sagadock. These differing configurations may result in slightly different performance from the Services.
  • Sagadock reserves the right to sub-contract any of the work required to fulfill the Services and to assign this TOS.
  • Both the Costumer and Sagadock undertake not to disclose to a third party any confidential information which you or Sagadock receive relating to the contents or performance of this TOS, unless necessary for a party to perform their obligations under this TOS, the Services or the other party’s business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other party, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorized disclosure by any person. Sagadock shall be entitled to mention your name as a client of Sagadock and the name(s) of the Services which Sagadock provides to you with your prior consent.
  • Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.
  • Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than ten days from the beginning of the event.

5.- Payments

5.1.- Payments General Terms

  • You are responsible for the payment of the fee(s) set out on the Order, in the currency specified on the Order (Fees), inclusive of any variation and additions from time to time as notified to the Customer in processing and in relation to the provision of Services.
  • You agree to pay the Fees beginning on the Effective Date and according to the payment terms set out in the Order. If no payment terms are specified, Fees shall be due in full in advance, except for usage or overage fees which are invoiced monthly in arrears.
  • All charges issued to the Customer are UK Value Added Tax exempt HMRC Reference Notice 700/1 (Apr 2010) and 700/11 (Apr 2013). Any applicable overages, taxes, or transfer fees will be added to the Fees.
  • The current fee(s) and payment method(s) are listed on our website. Unless a specific agreement for use of the Service(s) exists between Sagadock and you, you acknowledge and agree to pay the fee for the respective Service(s) indicated on our website at the time you submit your Order.
  • Sagadock reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal.
  • In certain cases, the issuer of your payment method may charge you a foreign transaction fee or other fees, which may be added to the final amount that appears on your bank statement or posted as a separate charge. Sagadock has no control over such fees.
  • In the course of the order process, in case of payment by card, you will be asked to provide your card information, which will be verified. By submitting an Order you authorize Sagadock to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to Sagadock, we will not be liable for non-provisioning the Service(s).
  • Sagadock reserve the right to charge to the Customer any charges to include but not limited to sales tax, excise and ad valorem, gross receipts or any other tax or fees howsoever imposed, directly or indirectly, by any government authority agency or recognised institution, body or corporation with respect to associated services.
  • You acknowledge and agree that your payment details shall be stored by our payment providers to process payment for any Sagadock Service(s) you purchase or renew.
  • Our obligation to provide the Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees.
  • You confirm that any payment method you use and/or add on file is yours or that you have been specifically authorised by the owner of the card to use it for the purchase.
  • You are responsible for keeping at least one active payment method on file and ensure the Fees are paid by the due date. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. You can manage your payment method(s) in the Sagadock User Area.
  • Sagadock may suspend, interrupt, or terminate Services on any account (or related account) that is overdue for payment, howsoever occurring. Activation will only be undertaken during Normal Office Hours (9:00 to 17:00 Monday to Friday), unless otherwise agreed in Writing by Sagadock.
  • In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file.
  • If you are overdue on any Fees, we may:
    • (i) charge a late fee on the unpaid balance at the lesser of 1.5% per month or the maximum lawful rate permitted by applicable law,
    • (ii) suspend provision of the Services, and/or
    • (iii) terminate your Services and pursue the collection costs incurred by Sagadock, including without limitation, any court and legal fees and Sagadock’s reasonable attorneys’ fees. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).
  • If the Order sets any limit on your use of Services (such as space on disk or any other limitation) and that limit is exceeded, you will be responsible for the applicable overages. Please see the section upgrades/downgrades of your services to learn more about this process.
  • Refund requests are processed as set out in our Money Back Policy. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. Sagadock is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.

5.2.- Invoicing

  • You agree to the issue and acceptance of invoices in electronic format. We will invoice you immediately upon execution of the Order and on each renewal date thereafter. Invoices will be sent to the billing contact you designate in the Order or the User Portal.
  • Invoices are due immediately upon receipt. Sagadock reserves the right to suspend and/ or terminate the Services until payment is made.
  • Should the Services be suspended due to your fault for any reason, Fees will continue to accrue until the termination or expiry of the term of this Agreement.
  • If you believe there is an error on your invoice, you must immediately contact us in writing (or by email). We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company and initiate a "chargeback" based on this dispute, we may suspend the Service(s) until the dispute is resolved. To reactivate your Service(s), you must first pay all outstanding Fees.
  • The Customer agrees to hereby notify Sagadock in writing to [email protected] of any disputed Charges within 30 (THIRTY) days of the billing date for such Charges. In the event the Customer fails to dispute the invoice within the respective time period, the Customer has waived any right to dispute any amounts either directly or indirectly.

5.3.- Automatic Renewal

  • All of our subscription based Services are by default set to renew automatically. You can adjust the renewal settings and/or renew Services manually from the Sagadock User Area at any time before a Service is terminated.
  • The subscription services include but are not limited to maintenance, security, hosting, consulting, online marketing, etc.
  • You may terminate the Services at any time notifying it 30 days before the next payment, this is the required time to process the cancellation of the next payment. Please refer to the Termination section for more information about cancellations.
  • We will attempt to renew Services for which automatic renewal is enabled and charge the then current Renewal fee(s).
  • If we cannot process a renewal at the scheduled date, we may make additional attempts to charge your payment method(s) until you renew the Service(s) or terminate the Agreement. We will always charge for renewal the primary payment method on file first. Should the primary payment method fail, we will retry billing any other payment methods on file in the order listed in your User Area. We are not responsible for the operation of the Service(s), if Services are suspended/terminated because your payment methods have expired or are no longer valid for any reason.
  • You acknowledge and agree that even if a Service is set to renew automatically and/or you have an active payment method on file, we might not be able to renew the Services. It is your responsibility to ensure that you have paid the fees and a renewal has been processed.
  • You acknowledge and agree the Service(s) shall be terminated upon expiry of the term, unless you activate the automatic renewal option or manually renew the term of the Service(s). You agree that Sagadock shall not bear any responsibility and liability for any damages whatsoever including, but not limited to, damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party, if we are unable to charge your payment method on file or you fail to renew the Services manually.

5.4.- Money Back Policy

  • Fees are payable in the currency specified in the Order and are not refundable except as expressly stated herein.
  • If you no longer need a Service you have purchased or are unsatisfied with its performance, you can cancel it at any time. Please send cancellation requests using our support system.
  • Our Money Back Policy covers initial Orders for any subscription services. For the initial period after an account is activated we will issue a full refund for Services cancelled within 30 days from activation.
  • For annual renewal fees we will issue a full refund, if cancellation is requested within 15 days from the date on which we receive payment for renewal and the renewal Term has not started. If the annual renewal Term has already started, we will refund the renewal fees less the fees due for the first month of the renewal Term. Refunds are processed within ten (10) business days after a Service is cancelled.
  • Services that are tailor-made to you, are not covered by our Money Back Policy. These include, but are not limited to paid support services, including extra backup Creation, setup plugins, design services, content modifications, development services, any other tailor made service and third-party Services.
  • To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Money Back Policy is your sole and exclusive remedy should you decide to withdraw from this Agreement.

5.5.- Upgrade of Services

  • You can choose to upgrade or downgrade the Maintenance and Hosting Services at any time.
  • The facilities and services provided within the Services will be defined by the description of services applied for by the Customer on Sagadock Service Order and other relevant documentation at the time of application, including but not limited to any specification of equipment, storage space and data transfer. In the event that the Customer limits of the order are exceeded it may be necessary for the Customer to upgrade the service or purchase additional storage and/or data transfer as required.
  • We will notify you when this is required and you will have 30 days to make the upgrade into the new plan. If you do not reply when the 30 days from our notification has been sent, and you do not upgrade to the plan required, Sagadock may suspend, interrupt, or terminate Services on your account until the website comply with the limits of its plan or is upgraded to the Plan that is recommended for the website.
  • All available Upgrade options are listed in our pricing page and may be available from your User Area.
  • All upgrades are subject to the fees set out on the respective Product Pages (Upgrade Fee). Upon upgrade to a better plan, the Upgrade Fee covers the difference in fees between the two plans. Upon upgrade to a better plan or Service you will have to select a new Term and any pre-paid amounts remaining from your previous Service will be prorated and added as credit into your account.

5.6.- Downgrade of Services

  • You can choose to downgrade your Service(s) only if:
    • your Service was not previously upgraded from that plan because it had exceeded the parameters of that plan; and
    • your Content does not require Server setup different from the standard Server setup. Different Server setup includes, but is not limited to, space size, Memory RAM, CPUs, or the installation of special modules or services on the server which are different from the default parameters.
  • You can request a downgrade through our Support System . We may refuse to process your request if your account does not meet the conditions for a downgrade or if in our reasonable opinion the new plan is not suitable for your website.
  • When you get a downgrade approved, any additional or free Services that are not included in or are not compatible with the new plan will be terminated.
  • Upon downgrade we will prorate the difference in Fees between the two plans for any full months remaining from your Term, and will apply that as extra time to your new plan. If no full months remain, your Service will keep its current Term.

6. Termination of the Agreement

  • The Customer shall furnish on Sagadock Written notice of intention to cancel within the respective notification period.
  • There is no applicable Minimum Contract Period on the services provided by Sagadock.
  • The Customer is solely responsible for properly cancelling your account.
  • You may terminate the Services at any time notifying it 30 days before the next payment, this is the required time to process the cancellation of the next payment.
  • If you want to cancel a 12 month service subscription contract, we will cancel your account 30 days from the receipt to your written notification and we will refund the prorated amount of the remainder of your contract from that date (30 days after the receipt of the written notification).
  • Sagadock reserve the right to cancel this Agreement (or any other with the Customer) for any reason and at any time by the provision of 30 days written notice, unless otherwise stated within the Agreement. Written notice will be furnished to the Customer at their specified email address. Any outstanding fees which are paid in advance of cancellation will be pro-rated and refunded by Sagadock if Sagadock execute their right of cancellation and the Customer is not in violation of any Agreement with Sagadock.
  • Sagadock reserves the right and without liability to immediately and devoid of notice suspend or otherwise terminate any Service for any material breach (or perceived breach) or repeated breach of the Agreement, or to safeguard the interests of Sagadock against the actions of the Customer howsoever occurring.
  • Sagadock reserve the right to issue 14 (FOURTEEN) days notice to the Customer to request compliance with any breach or activity which may cause in Sagadock sole opinion damage to itself or others. Sagadock reserve the right to investigate a breach and undertake whatever action necessary to resolve all matters. Sagadock reserve the right to charge all associated costs and professional fees to the Customer howsoever incurred in relation to any investigation and consequential action stemming from this Agreement, regardless of its nature.
  • Sagadock may terminate this agreement in the event the Customer shall be unable to pay its debts or enters into voluntary or compulsory liquidation or in the event that any manager or administrator be appointed to administer the Customers affairs or for any other reason under which Sagadock may deem the Customer unable to pay any debts or future liabilities which may be payable under this Agreement.

7.- Indemnification and Warranties

  • The Customer agrees hereby to notify Sagadock in the receipt of any third party claim or legal action arising out of or relating to this Agreement or the provision of Services by Sagadock.
  • The Customer agrees and warrants that it shall indemnify Sagadock and keep fully indemnified from and against all liability, claims, costs, losses, loss of profits, expenses, business interruption and other pecuniary or consequent loss to include all legal costs and expenses incurred by Sagadock as a direct or indirect result of:-
    • (i) Any breach by the Customer of any of the provisions of this Agreement (or related agreement) or of any law, code or regulation thereto and/or to the Internet or Services or any application thereto;
    • (ii) Access to and/or use of the Service by the Customer or others;
    • (iii) All information, data or material stored, processed, produced, transmitted or downloaded by the Customer or others.
    • (iv) Any breach of intellectual property or copyright or similar infringement of third party rights.
  • Sagadock reserve the right, but not the obligation, to take control of and conduct any litigation to which it may be subject to directly or indirectly by virtue of the Agreement. The Customer hereby acknowledges and agrees not to make any statement in relation to Sagadock and/or its Services, nor any other related information, nor undertake any action or omission which may prejudice Sagadock, without prior written approval from a director of Sagadock.
  • All associated rights under the Agreement for the Customers Indemnity and obligations to Sagadock shall continue perpetually after the termination of this Agreement for any services provided by Sagadock to the Customer in connection with this Agreement.

8.- Limitation of liability

  • Except as expressly stated within this Agreement, Sagadock specifically disclaims all implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials provided by Sagadock or information available from Sagadock Website shall be for information purposes only, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guarantee of performance or contractual obligation.
  • Sagadock entire liability under this contract to the Customer (either directly or as any third party defendant in any action proceeding or otherwise) for any claim arising out of this Agreement or Services and the provision thereof shall be limited to the amount of fees so paid to Sagadock by the Customer under the Agreement within one year proceeding when any valid claim arose.
  • In no event shall Sagadock be liable in Contract, Tort (including negligence or breach of statutory or related duty) or otherwise howsoever and regardless of the cause to include but not be limited to:
    • (i) Any changes to Sagadock operations, procedures, products or other services which render obsolete or require modification or alternation to any of the Customers hardware or software;
    • (ii) Increased costs or expenses;
    • (iii) Any error or interruption to Services;
    • (iv) Any claim that a domain name, Website content or other information utilised in the Services by the Customer as may be provided by Sagadock infringe any Intellectual Property Rights;
    • (v) Loss of any profits, contracts, business opportunities, revenues or related savings;
    • (vi) The consequence of any failed or unsuccessful domain name, registration or renewal, email communication or related information or data transfer; or
    • (vii) Any failure of any Service, email, non-receipt and mis-routing of communications.
  • The Customer acknowledges that the provisions of this clause satisfy the requirements of reasonableness specified in the Unfair Contract Term Act 1977 and that it shall be estopped from claiming to the contrary at any future date in the event of any dispute with Sagadock concerning Sagadock liability. In the event that the Customer is an individual as defined under Consumer Transactions (Restrictions on Statements) Order 1976, the statutory rights of the Customer are not affected by this provision.
  • Sagadock will provide any Service to the Customer with reasonable skill and care.

9.- Relationships and Assignments

  • The Customer acknowledges that there is no contract between Sagadock and any customers or agents of the Customer as a result of this Agreement and the use of Sagadock Services. The Customer agrees to indemnify and hold harmless Sagadock for any claim sought by any agents or customers of the Customer against Sagadock howsoever arising.
  • This Agreement does not create nor shall it be deemed to construe any partnership, joint understanding or any other joint venture between the Customer and Sagadock. The Customer has no authority, express or implied to hold itself out as an agent or otherwise servant of Sagadock or to make any representations or similar activity on the behalf of Sagadock.
  • Sagadock deem this contract as personal with the Customer, and the Customers rights may not be assigned, sub-licensed or transferred in any manner without the Written agreement of Sagadock.
  • Sagadock shall be entitled to transfer this Agreement in addition to all rights and liabilities or any parts thereof arising out of such and without limitation.
  • This section will be overseeded in case of a Partner Agreement between the two parts. This TOS will apply to the partner and only the terms and conditions specified on the Partner Agreement will override the ones on this document.

10.- Governing Law and Jurisdiction

  • This Agreement is made under the laws of England and Wales and the Customer hereby unequivocally accepts and consents to the exclusive jurisdiction of the courts of England and Wales.
  • No waiver by Sagadock of any breach of the Agreement by Sagadock shall be considered as a waiver of any subsequent breach of the same or any other provision.
  • If any terms of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.

11.- Ownership and contact

  • Sagadock is the trading name of Ángel Fernández Plaza.
  • Sagadock.com is owned by Ángel Fernández Plaza ("Sagadock" "we," or "us").
  • Angel Fernández Plaza is a sole trader located in UK.
  • Sagadock has independent contractors, and representatives ("our Team").

Contact details: Email: [email protected] Skype: Sagadock Phone (UK): +44 – 7561 – 089 – 043 Twitter: @Sagadock Address: Hazelwood Drive St Albans AL4 0UY United Kingdom


SCHEDULE I Web Hosting and Related Services Terms and Conditions

You can find the Sagadock Web Hosting Services Terms on this link: https://sagadock.com/terms/web-hosting-services-terms/


SCHEDULE II Software Managed and Related Services Terms and Conditions

You can find the Software Managed and Related Services Terms and Conditions on this link: https://sagadock.com/terms/software-managed-services-terms/


SCHEDULE III Sagadock Acceptable Use Policy

You can find the Sagadock Acceptable Use Policy on this link: https://sagadock.com/terms/acceptable-use-policy/


SCHEDULE IV: Sagadock No SPAM Policy

You can find the Sagadock No SPAM Policy on this link: https://sagadock.com/terms/no-spam-policy/


SCHEDULE V: Sagadock Privacy Policy

You can find the Sagadock Privacy Policy on this link: https://sagadock.com/privacy/