Terms and conditions
Last modified: February 15, 2024
1. These terms
1.1 What these terms cover.
These are the terms and conditions on which Dorks (“dorks.co.uk”) supply services to you.
All terms are effective from the date of your electronic submission of order or payment of invoice with service “WordPress Maintenance”.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Amendment of Terms.
dorks.co.uk may at any time, at its sole and absolute discretion, change or modify this Agreement and any policies or agreements that are incorporated herein. Any changes or modifications will take immediate effect.
Your continued use of the website or our services will constitute your acceptance of the amended Agreement. We will notify you by email 30 days in advance of any changes to our services. The obligation is upon you to ensure that the email you have provided to us is up to date. We accept no liability or responsibility for your failure to receive any email communications from us if such failure results from an inaccurate email address.
2. Information & how to contact us
2.1 Who we are.
We are Dorks
2.2How to contact us.
You can contact us via the contact methods mentioned at https://dorks.co.uk/contact or by logging into your client area at https://dorks.co.uk/ and raising a support ticket. If you are requesting a website task or fix, you must do this through our maintenance interface.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address you have provided to us. Please note we will never ask for your password. If you are unsure of the identity of a caller, please contact us directly
3. Our contract with you
3.1 How will we accept your order?
Placing an order on our website does not guarantee acceptance of your order. Our acceptance of your order will take place after your order is placed at the point you receive confirmation that your order has been fulfilled. At this point a contract will come into existence between you and us. Payment must be received before any services will be provided.
3.2 If we cannot accept or fulfil your order.
If we are unable to accept or fulfil your order, we will inform you of this and refund any money you have paid to us.
3.3 Account Details.
In order to access our services you will be provided your own maintenance dashboard account. Additional users are possible.
4. Our services
4.1. Maintenance fix.
These bring websites back to their original working state. Maintenance fix examples include the following: Malware/Hack Cleanup, Fix PHP Errors, White Screen of Death, Dead Links, Update Core site along with Plugins and Theme.
4.2 Custom task.
These include some form of proactive change or revision to a website. A custom task includes the following: speed optimisation, adding a plug-in, visual adjustments, plugin configurations (which covers 99% of most clients functionality requirements), website migrations, design change.
4.3 Specific exclusions.
The following work is explicitly excluded from our maintenance plans. Any website development tasks that require over 90 mins of custom code, any design related tasks (such as designing a banner or a logo – we will however add these to your website), configuration of an external hosting environment, data entry, content writing, link building and closing SQL injection vulnerabilities present in custom code.
4.4 Individual fixed task request.
Each individual website fix or task must be submitted as a separate task. If multiple tasks are submitted in a single submission we reserve the right to either reject the order or reassign each individual task or fix to separate requests.
4.5 Time limit.
We will normally provide you with a time frame for completion of the work at the time the request is placed and the details of the website fix or task are provided to us. Whilst we endeavour to complete any website fix within four hours of acknowledging the request , we offer no guarantee as to how long it will take us to complete the website fix. We will dedicate a reasonable amount of time required to complete the website fix.
4.6 Team member. Wherever possible we attempt to appoint a specific team member to complete a website request. However, we work as a team and any team member may work on your website task at any given time.
4.7 Incomplete website fixes.
There will be occasions where it is not possible to fix the problem, for example where the website is irretrievably broken or where features of your website are incompatible with other features or the hosting environment. Where we are of the reasonably held view that it will not be possible to complete a website fix regardless of the amount of time our experts spend, we will notify you of this and provide you with written confirmation setting out why it has not been possible to action the website request.
4.8 Best Effort Service. dorks.co.uk will use reasonable skill and care to complete any website fix or task. However, it is not possible to guarantee any website fix or task will be error free. Where errors arise you must notify us within 7 days. If the error is as a direct result of the work undertaken by us we will endeavour to resolve the error within a reasonable period of time. Where it is not possible to fix an error we will roll back our changes to a backup.
4.9 Completion of task. Tasks can be marked complete through your maintenance interface at any point. One of the team can also mark your task complete at any point; you will be informed in writing and can re-open the task if required for up to 48 hours. If we do not hear from you on any task, regardless of state, within any 5 day period, your task will be marked completed.
4.10 3rd Parties.
dorks.co.uk is not responsible for any work done by third parties on your website, or for any software or plugins that are utilised by you. There may be occasions where actions by third party suppliers, such as website hosts, software and plugin developers, web browsers, email clients, domain name registrars or search engines, will affect dorks.co.uk’s ability to complete a fix or task. In the event of a third party interruption dorks.co.uk will not be liable for any delay in completing the fix or task. You will not be entitled to a refund in the event that we are unable to complete a task as a result of a 3rd party’s action.
5. Providing the services
5.1 Service costs.
The costs of the services will be as displayed to you on our website. We reserve the right to amend our costs at any time.
5.2 Notice of changes to Service costs.
We will give one calendar month notice to you of changes to the cost of our monthly rolling subscription plans if you are a current subscriber. If you have signed up for our one year contract you will be notified of any changes to the cost of the service one calendar month prior to the expiration of the contract.
5.3 Length of Subscription. Subscriptions are provided to you on the basis of either a monthly or a yearly rolling contract. Subscriptions will be renewed automatically and charged to the payment source entered on your dorks.co.uk account.
5.4 When we will provide the services.
We will supply the services to you until the subscription expires or you end the contract or we end the contract by written notice to you.
5.5 What will happen if you do not give required information to us.
We need certain information from you to supply the services to you as stated in the sign up section for the services on our website. We may contact you to ask for further information or to check the information you have provided to us. If you do not give us this information within a reasonable period of time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any delay in supplying the services or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.6 Full Access.
You must provide us with full access to a website in order to work on a task. We cannot make changes via git, or by using SSH keys.
5.7 Reasons we may suspend or disable the supply of our monthly subscription services to you.
We may have to suspend the supply of a service to: (a) deal with technical problems or make minor technical changes; (b) update the product to reflect changes in relevant laws and regulatory requirements; (c) make changes to the product as requested by you or notified by us to you (d) when required by law; (e) where we believe that you are in breach of any material term of this Agreement; (f) to resolve any third-party claims or actions; (g) to avoid financial loss or legal liability.
5.8 Your rights if we suspend the supply of our monthly subscription services.
We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 24 hours in any 7 day period we will adjust the price so that you do not pay for products while they are suspended, save where the suspension is as a result of your breach of this Agreement or in accordance with clause 5.5 b (b) to (g) above. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 120 hours and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract save where the suspension is as a result of your breach of this Agreement.
5.9 Failure to complete Maintenance fix, Custom task or Hosting task as part of a monthly Service Package.
You will not be entitled to any refund in the event that our team is unable to complete any Maintenance fix, Custom or Hosting task as part of your monthly Service Package.
5.10 We may also suspend supply of the service if you do not pay.
If you do not pay us for our services when you are supposed to, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments. Once payment has been made in accordance with these terms, we will use reasonable endeavours to ensure that the service is restored to you within 24 hours.
5.11 Service suspension.
If your service has been suspended or goes overdue, we may no longer retain a copy of your data or website. Your website IP address may also change (if using our hosting). This is due to the nature of us using global cloud providers: we will not be responsible for the cost of keeping your service running if you fail to pay your invoices.
6. Your obligations
6.1 You are responsible for the content on your website.
Customers are responsible for all scripts, data and other objects on their website.
6.2 You are responsible for backing up your website.
Whilst we will endeavour to complete a backup of your website prior to undertaking any maintenance fix, hosting or custom task. You must ensure you have completed a full backup of your website prior to placing placing a Site Task Request as part of one of our maintenance plans. We do not guarantee that any backup we routinely undertake of your website will be successful. You should always keep your own local backup. When your contract with us is concluded we will not retain any backup of your site.
6.3 You are responsible for the content on your account.
Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will, where necessary, fully cooperate with the authorities.
6.4 You must not use the service for transmission of illegal material.
You agree to refrain from uploading to your hosting service, sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force in England and Wales, in the server location where you have chosen to host your site, or in the jurisdiction of the network provider who provides the underlying network infrastructure. It is the user’s sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities.
In particular you: 6.4.1 must not gain or attempt to gain unauthorised access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act;
6.4.2 must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms);
6.4.3 must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as ‘spam’ ,’UBE’,’UCE’ );
6.4.4 are prohibited from running ‘port scanning’ or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission;
6.4.5 must take all reasonable steps to ensure that your password and login credentials remain confidential;
6.5 You agree to refrain from sending or receiving any material which may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights.
If you are in any doubt as to the legality of what you are doing, or propose to do, you should take independent legal advice.
6.6 Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
6.7 Sites must not contain ‘hateful’ material or content which seeks to incite hate.
6.8 Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful or which is deemed to be distasteful at our sole discretion.
6.9 Sites must not contain ‘warez’, copyrighted music/videos or links to such content. It is your sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
6.10 Sites must conform to recognised international copyright law.
6.11 Registration of domain names.
You are responsible for ensuring that the registration of a domain name and the manner in which it is to be used, either directly or indirectly; will not infringe any third party rights, including third party intellectual property rights; is not being made in bad faith or could otherwise be considered to be an abusive registration under the dispute resolution procedures or policies of any relevant registry or of ICANN; and will at no time be used for an unlawful purpose whatsoever.
You accept and consent to us making your registration details in relation to your Domain available to third parties including ICANN and the applicable registry for the Domain as applicable including to law enforcement and governmental bodies as required by law.
6.12 You agree that on transferring ownership of a registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) you will confirm and prove that the Transferee agrees in writing to be bound by the terms of this Agreement at our request.
6.13 We will not transfer ownership of a Domain until all Fees attributable to the services associated with the account, which are due have been paid by you to us.
6.14 In the event that we receive a complaint in regards to trademark / brand infringement, we have the right to place a Domain on hold. We shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to us by you.
6.15 In the event of receiving documentation which matches the WHOIS details, we reserve the right to lock the domain and place a registrar hold on it. We shall not move the Domain from this status until we are satisfied that the dispute has been resolved between the parties concerned, with documentation provided to us proving the same.
7. Your rights
7.1 Ending your contract with us for a Website Maintenance service plan.
You may terminate your contract with us by cancelling the service in advance of the renewal date (by 11.59pm GMT on the day before renewal is due) through the client area at https://dorks.co.uk or by email to support@dorks.co.uk
7.2 Refunds of prepaid months.
We offer a low cost service, with significant discounts available for prepayments. You will not be entitled to a refund of any monies paid once the service has commenced.
7.3 If the services you have paid for are faulty or misdescribed you may have a legal right to end the contract or to get the service re-performed or to get some or all of your money back. You must inform us in writing of the reasons why you say that the services are either faulty or misdescribed. We will respond to any complaint within 28 days of receipt and inform you whether a refund will be administered.
7.4 Inappropriate or illegal activity.
If your account is found to contain illegal activity, illegal mp3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be suspended immediately. Failure to remove the offending content will result in your account being terminated and no refunds will apply.
7.5 Processing of refunds.
Any refund will be processed within 7 working days of receipt.
7.6 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online if you are a Consumer within the meaning of those regulations you have a legal right to change your mind within 14 days and receive a refund. You do not have the right to change your mind in respect of digital products after you have started to download or stream these; services, once these have been completed, even if the cancellation period is still running; sealed audio or sealed video recordings or sealed computer software,once these products are unsealed after you receive them.
8. Our rights
8.1 We may end the contract if you break it.
We may end the contract at any time by writing to you if: (a) you do not make any payment to us when it is due. (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
8.2 You must compensate us if you break the contract.
If we end the contract in the situation 8.3 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8.3 We may withdraw the services.
We may write to you to let you know that we are going to stop providing the services. We will let you know at least 30 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
9. Price & payment
9.1 Where to find the price for the service.
The price of the service will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct.
9.2 Changes in the price.
We reserve the right to alter the prices advertised on our website and fees at any time. We will provide written notice of any changes via email to the email address provided by you to us when registering your account. In most cases, changing the price on the website for new customers will not affect the price for existing customers. If your contract is for a fixed term, the price alteration will take effect at the end of the current term and at the time of renewal.
9.3 What happens if we got the price wrong?
It is always possible that, despite our best efforts, you are provided with the incorrect price for our service. If the correct price is less than the stated amount will amend the price and refund any difference to you. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
9.4 When you must pay and how you must pay.
We accept payment by most major credit and debit cards, direct debit, PayPal, Bank transfer and Klarna. When you must pay depends on what product you are buying. You warrant that you are lawfully authorised to make payment using the payment card or facility used. In the event that you are not the named cardholder, you will indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
9.5. If a chargeback is incorrectly made against your account, we reserve the right to suspend and/or terminate your account until reimbursed and a £50 administration fee will be charged.
9.6 Payment due at time of order.
You agree to pay all amounts due for services at the time you order them. All amounts are non-refundable unless otherwise stated.
9.7 Invoices will be generated at the point of payment.
Invoices will be sent to the email address provided by you once the payment has been successfully processed.
10. Our responsibility for loss or damange
10.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made,both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation
11.3 We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going offline or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers; loss of service or any costs incurred due to a configuration or service issue resulting from our provided services. All damages shall be limited to the immediate termination of service. 1
10.4 We are not liable for business losses.
If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.5 Limit of liability.
Save where you are acting as a Consumer within the meaning of the Consumer Rights Act 2015 our aggregate liability shall be limited to twice the fees paid by you for the services in relation to which your claim arises during the 12 month period prior to the claim.
11. Your personal information
We will only use your personal information as set out in our Privacy Policy.
12. Other important terms
12.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for any complete month of service not provided.
12.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or English courts.