Terms of Service

1. Who we are

These Terms govern your use of fdosoftware.com and of the services provided by FDO Software, registration number TODO, registered office TODO ("we", "us", "FDO Software").

By creating an account, purchasing a hosting subscription or engaging us for professional services, you accept these Terms together with the Acceptable Use Policy, the Service Level Agreement, the Refund & Cancellation Policy, the Privacy Policy and, where you are a business customer whose personal data we process, the Data Processing Addendum.

2. What we provide

• Hosting: virtual private servers on monthly subscription, with the specification stated on the plan page at the time you subscribe.
• Professional services: search visibility engagements, delivered against a written scope agreed before work starts.

3. Your account

You are responsible for keeping your account credentials confidential and for all activity under them. Server credentials are shown in your dashboard, which is the authoritative copy; any email we send is a notification only.

You must give us accurate contact and billing details and keep them current. We rely on the email address on your account for suspension and abuse notices, and a bounced notice does not extend a deadline.

4. Hosting subscriptions and billing

Hosting is billed monthly in advance, in US dollars, and renews automatically until cancelled. The price is the price shown when you subscribed; if we change published prices, your subscription keeps its price until the next renewal after we have given you at least 30 days' notice.

You may cancel at any time from your dashboard. Cancellation takes effect at the end of the period you have already paid for. We do not require a reason, a phone call, or notice.

5. Failed payments

If a payment fails we will retry and notify you by email. If it remains unpaid, the server is suspended after 7 days. A suspended server is not deleted: your data is retained for a further 14 days, during which paying the outstanding amount restores service.

After that window the server and its data are deleted and cannot be recovered. We would rather state that plainly than have you discover it. Keep your own backups regardless of whether you buy our backup add-on.

6. Provisioning

Servers are currently provisioned manually. We aim to have a new server ready within 4 hours of a confirmed payment. This is a target rather than a guarantee, and the status of your order is visible in your dashboard throughout.

We may change the upstream infrastructure provider, the hypervisor or the region estate. Where a change affects your server we will give you reasonable notice and a migration path.

7. Acceptable use and suspension

Your use of the servers is governed by the Acceptable Use Policy. We may suspend a server immediately and without prior notice where it is attacking other networks, distributing malware, sending unsolicited bulk email, or where required by law or by an upstream provider.

Where immediate suspension is not necessary we will contact you first and give you a reasonable opportunity to fix the problem. In either case we will tell you what we found and what evidence we relied on.

8. Your content and your responsibility for it

You retain all rights in the content and data you place on a server. We claim no ownership over it and we do not use it for any purpose other than providing the service to you.

You are responsible for what you host, for keeping your operating system and applications patched, and for the security of anything you install. Root access means we do not manage the server unless you have bought managed maintenance.

9. Professional services

Professional services are delivered against a written scope that records the deliverables, the schedule, the fee and the agreed measures of success. Published prices are starting points, not quotations.

We do not guarantee any ranking position, citation rate, traffic volume or revenue outcome. Those depend on systems and market conditions outside our control. We commit to performing the agreed work with reasonable skill and care, to the schedule, and to reporting honestly against the agreed measures — including where a measure was not met.

Retainers run month to month and either party may end them with 30 days' notice. Work already performed is payable.

10. Service levels

Our uptime commitment and the service credits payable if we miss it are set out in the Service Level Agreement. Those credits are your exclusive remedy for unavailability.

11. Termination

You may terminate at any time as described above. We may terminate or suspend where you materially breach these Terms or the Acceptable Use Policy, where payment remains outstanding, or where required by law.

On termination you may export your data during the retention window described in section 5. After that it is deleted.

12. Liability

Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud.

Subject to that, neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, or loss of data where that loss could have been avoided by the customer keeping backups.

Our total liability in any twelve-month period is limited to the amount you paid us in that period.

13. Changes to these Terms

We may amend these Terms. We publish a new version rather than editing a published one, and we will notify you at least 30 days before a material change takes effect. The version that applies to a dispute is the version in force when the relevant events happened.

14. Governing law

These Terms are governed by the laws of TODO, and the courts of TODO have exclusive jurisdiction.

If you are a consumer resident in the European Union or the United Kingdom, this clause does not deprive you of the protection of mandatory consumer-protection law in your country of residence.