Effective Date: 30 November 2024

These Terms of Service ("Terms") govern the provision of Drupal support and maintenance services ("Services") by Omega8.cc ("Company") to you ("Client"). By subscribing to or using our Services, you agree to be bound by these Terms.

1. Introduction

Omega8.cc specializes in professional Drupal support and maintenance services designed to enhance security, performance, and stability for Drupal-based websites. Our Services are tailored to meet the needs of multisite and enterprise-level deployments, ensuring compatibility and reliability across various hosting environments.

2. Service Levels

We offer three tiers of support plans, each designed to meet different needs:

2.1 Basic Plan

• Scope:
  • Security updates for Drupal core and contributed modules.
  • Minor bug fixes and patches.
• Exclusions:
  • Major version upgrades.
  • New feature development or large-scale changes.

2.2 Extended Plan

• Includes all features of the Basic Plan plus:
  • Major version upgrades (e.g., Drupal 9 to Drupal 10).
  • PHP version compatibility updates.
  • Deployment and configuration of new modules.
  • Performance optimization.

2.3 Enterprise Plan

• Designed for Aegir-based platforms or multisite configurations with up to 50 sites.
• Includes all features of the Extended Plan plus:
  • Advanced platform-level maintenance.
  • Batch updates and automated workflows.
  • Customized solutions for complex environments.
  • Priority support and dedicated account management.

3. Modes of Operation

Each plan offers three modes of operation to suit the complexity and urgency of your needs:

3.1 Fully Automated Mode

• Overview:
  • Ideal for routine updates and critical security patches that require immediate action.
• Process:
  • Updates are applied automatically using our proprietary automation tools.
  • Automated testing is conducted post-update to ensure site functionality.
• Advantages:
  • Fastest response time.
  • Minimal manual intervention reduces costs.
• Considerations:
  • Best suited for low-risk updates.
  • Not recommended for major version upgrades or complex changes.

3.2 Semi-Automated Mode

• Overview:
  • Combines automation with human oversight.
  • Suitable for moderately complex updates.
• Process:
  • Initial update process is automated.
  • A technician reviews and verifies the updates.
• Advantages:
  • Balances speed and reliability.
  • Reduces the risk of post-update issues.
• Considerations:
  • Slightly longer turnaround time compared to Fully Automated Mode.

3.3 Manual Mode

• Overview:
  • Full manual intervention by our expert technicians.
  • Recommended for mission-critical sites and complex updates.
• Process:
  • All updates are applied manually.
  • Comprehensive testing and validation are performed.
• Advantages:
  • Highest level of precision and care.
  • Customized approach to each site's unique needs.
• Considerations:
  • Longer turnaround time.
  • Higher resource investment.

4. Service Details

4.1 Updates and Upgrades

• Security Updates:
  • Prioritized and applied as soon as they are released.
  • Critical vulnerabilities are addressed immediately.
• Non-Security Updates:
  • Applied on a regular schedule (weekly, biweekly, or monthly) based on your preference.
• Major Version Upgrades:
  • Included in Extended and Enterprise Plans.
  • Comprehensive planning and testing are conducted before deployment.

4.2 Module Management

• Adding New Modules:
  • You may request the addition of new modules.
  • Our team will handle the installation, configuration, and testing.
• Custom Modules:
  • Support for custom modules is available in Extended and Enterprise Plans.

4.3 Testing and Validation

• Pre-Deployment Testing:
  • Updates are tested in a staging environment.
  • Ensures compatibility and functionality before going live.
• Post-Deployment Testing:
  • Automated and manual tests verify site stability.
  • Immediate rollback procedures are in place if issues are detected.

5. Client Responsibilities

• Access Provision: Provide necessary access to websites, servers, and relevant documentation.
• Communication:
  • Inform us of any custom code or configurations.
  • Notify us promptly of any issues or concerns.
• Backups: Maintain regular backups of your site and data unless backup services are included in your plan.

6. Company's Responsibilities

• Service Delivery: Perform Services in accordance with the selected plan and mode.
• Communication:
  • Provide timely updates on maintenance activities.
  • Notify you of any critical issues detected.
• Confidentiality: Protect the confidentiality of your data and access credentials.
• Data Security: Implement industry-standard security measures to safeguard your information.

7. Fees and Payment

7.1 Pricing

• Basic Plan: Starting at €198/month per site.
• Extended Plan: Custom pricing based on site complexity.
• Enterprise Plan: Custom pricing with volume discounts.

7.2 Discounts

• Loyalty Discount: 10% off for long-term clients.
• Multi-Site Discount: 5% off when supporting multiple sites.
• Annual Payment Discount: 5% off when paying annually.

7.3 Payment Terms

• Invoicing:
  • Monthly payments are due on the first day of each month.
  • Annual payments are due on the commencement date of the term.
• Late Payments: Late payments may incur a fee of 1.5% per month on the outstanding balance.

7.4 Onboarding Fees

• Standard Onboarding Fee: €499 per site.
• Waivers: Onboarding fees may be waived for simple sites or as part of promotional offers.

8. Upgrades and Changes

• Plan Upgrades:
  • You may upgrade your plan at any time.
  • Fees will be prorated, and existing discounts will continue to apply.
• Mode Changes:
  • Switching between modes is flexible.
  • Any fee adjustments will be reflected in the next billing cycle.
• Adding Sites:
  • Additional sites can be added to your plan.
  • Multi-site discounts will apply accordingly.

9. Term and Termination

9.1 Term

• Initial Term: The Agreement begins on the Effective Date and continues for 12 months.
• Renewal: Automatically renews for successive one-year terms unless either party provides 30 days' written notice.

9.2 Termination

• For Convenience: Either party may terminate with 30 days' written notice.
• For Cause: Immediate termination if either party breaches a material term and fails to cure it within 15 days.
• Effect of Termination:
  • All Services will cease.
  • You are responsible for payment of Services rendered up to the termination date.

10. Intellectual Property

• Your Content: You retain all rights to your content and data.
• Company Tools and Scripts: We retain ownership of all proprietary tools, scripts, and methodologies used in delivering the Services.
• License: We grant you a non-exclusive, non-transferable license to use any custom code developed for your site.

11. Confidentiality

• Confidential Information: Any non-public information disclosed by one party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects.
• Protection: Both parties agree to protect the confidentiality of the other's Confidential Information with the same degree of care as they use to protect their own.
• Use Limitation: Confidential Information shall be used solely for the purposes of fulfilling obligations under these Terms.
• Exceptions: Confidential Information does not include information that is publicly available, already known, independently developed, or lawfully obtained from a third party.

12. Warranties and Disclaimers

• Authority: Each party represents that it has the legal authority to enter into these Terms.
• Service Quality: We warrant that the Services will be provided in a professional manner consistent with industry standards.
• As-Is Basis: Except as expressly provided, the Services are provided "as is" and "as available."
• No Implied Warranties: We disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

• Cap on Liability: Our total cumulative liability under these Terms shall not exceed the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the liability.
• Indirect Damages: Neither party shall be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the Services.
• Exclusions: The limitations in this section do not apply to breaches of confidentiality, gross negligence, willful misconduct, or liabilities that cannot be excluded by law.

14. Indemnification

• By Client: You agree to indemnify, defend, and hold us harmless from any claims, damages, or expenses arising from your use of the Services in violation of these Terms or applicable laws.
• By Company: We agree to indemnify, defend, and hold you harmless from any claims, damages, or expenses arising from our gross negligence or willful misconduct in providing the Services.
• Notification: The indemnified party must promptly notify the indemnifying party of any claims.
• Cooperation: The indemnified party shall provide reasonable assistance at the indemnifying party's expense.
• Control: The indemnifying party shall have control over the defense and settlement of the claim.

15. Dispute Resolution

• Negotiation: Parties agree to attempt in good faith to resolve any dispute informally.
• Mediation/Arbitration: If unresolved, disputes may be submitted to mediation or binding arbitration.
• Governing Law: These Terms are governed by the laws of Poland.
• Jurisdiction: Exclusive jurisdiction lies with the courts of Poland.

16. Amendments

• Right to Amend: We may amend these Terms by providing 30 days' notice.
• Acceptance of Amendments: Continued use of Services after amendments constitutes acceptance.

17. Miscellaneous

• Integration: These Terms constitute the entire agreement between the parties and supersede all prior agreements, understandings, or representations.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Assignment Restriction: You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
• Permitted Assignment: We may assign our rights and obligations to an affiliate or in connection with a merger or acquisition.
• Force Majeure: Neither party shall be liable for failure to perform due to events beyond their reasonable control, such as natural disasters, war, terrorism, government action, or internet outages.
• Force Majeure Notification: The affected party must notify the other promptly and make reasonable efforts to mitigate the effects.
• No Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• Relationship of Parties: The parties are independent contractors, and nothing in these Terms shall create a partnership, joint venture, or agency relationship.

18. Notices

18.1 Method of Notice

• Written Notice: All notices required under these Terms shall be in writing and delivered via email.

18.2 Contact Information

• Company Contact: Omega8.cc Email: support@omega8.cc
• Client Contact: The contact information you provided during account registration shall be used for notices to you.

19. Acceptable Use Policy

You agree not to use the Services for any unlawful or prohibited activities, including but not limited to:

• Distributing malware or malicious code.
• Engaging in phishing or fraudulent activities.
• Violating intellectual property rights.

20. Data Protection

• Compliance: Both parties agree to comply with applicable data protection laws, including GDPR.
• Data Processing: We will process personal data only as necessary to provide the Services.

21. Backup and Data Recovery

• Responsibility: Unless otherwise specified, you are responsible for maintaining backups of your data.
• Optional Services: Backup and data recovery services are available and may be included in certain plans.

22. Support and Response Times

• Basic Plan:
  • Standard Support available during business hours, Mon-Fri.
  • For non-critical issues: Response Time within 24 hours.
  • For critical issues: Response Time 60 minutes, Mon-Fri during business hours
• Extended Plan:
  • Standard Support available during business hours, Mon-Fri.
  • For non-critical issues: Response Time within 3 hours.
  • For critical issues: Response Time 60 minutes, 24x7
• Enterprise Plan:
  • Standard Support available during business hours, Mon-Fri.
  • For non-critical issues: Response Time within 3 hours.
  • For critical issues: Response Time 60 minutes, 24x7

23. SLA (Service Level Agreement)

• Uptime Guarantee: We strive for 99.9% service availability.
• Remedies: In case of downtime exceeding the SLA, you may be eligible for service credits.

24. Training and Documentation

• Resources: Access to knowledge bases, tutorials, and documentation.
• Training: Training sessions available upon request (may incur additional fees).

25. Custom Development

• Scope: Custom development work is outside the standard maintenance plans.
• Engagement: Available upon request and subject to separate agreements.

26. Contact Information

If you have any questions or require further clarification regarding these Terms, please contact us at:

Omega8.cc Hosting Systems
Email: support@omega8.cc
Website: https://omega8.cc/contact

27. Appendices

Appendix A: Acceptable Use Policy (AUP)
Appendix B: Service Level Agreement (SLA)
Appendix C: Data Processing Agreement (DPA)
Appendix D: Privacy Policy

By subscribing to or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Drupal Service.