Terms of Service

These terms and conditions ("Agreement") govern your use of OpenDent's website design and hosting subscription service ("Service"). By subscribing to our Service, you agree to be bound by these terms and conditions.

Subscription Plans

We offer two subscription plans: Web Pro and Web Max. The pricing and features of each package are subject to change at any time, and the current pricing and features are available on our website's pricing page. By subscribing to our Service, you agree to pay the subscription fees associated with your chosen plan. Payment will be taken monthly; however, all plans must last an initial 12-month period.

Minimum Subscription Period

Your subscription plan must be maintained for an initial minimum contract period of 12 months. During this initial 12-month period, the plan cannot be cancelled. After the initial 12-month period, the plan will automatically roll on a monthly basis, and there are no other minimum contract periods.

Design and Website Launch Process

Upon the first payment being processed, your subscription will be activated immediately. Within 24 hours of subscribing, our team will contact you to gather the necessary information required for designing the website. Once the initial information required is received, within 7 working days, we will provide you with the initial designs for your approval. Once the designs are approved, our team will proceed with coding the website, which typically takes up to 15 working days. The estimated timeline for launching the site is approximately 20 working days from the start of the subscription. However, please note that while we strive to adhere to these timelines, slight variations may occur. OpenDent cannot be held accountable for any variations in the timeline, as they may depend on factors such as the response time of client communication and feedback.

Website Ownership and License

The websites designed and built by OpenDent remain the property of OpenDent. As a subscriber to our Service, you are granted a non-exclusive license to use the website for your business during the active subscription period. This license is subject to compliance with these terms and conditions.

Intellectual Property and Content

Any photos, text, copywriting, and design materials provided by OpenDent to create the website shall remain the exclusive intellectual property of OpenDent. In the event that the subscription is cancelled or terminated, OpenDent retains full ownership and rights to the website design and content created during the active subscription period. You will no longer have the right to use, reproduce, or modify the website design and content after cancellation or termination, as they are the sole property of OpenDent.

Domain Ownership

As a subscriber to our Service, you acknowledge and agree that the ownership of the domain registered or transferred through OpenDent will belong to you. In the event of cancellation or termination of your subscription by you or us, you will retain full ownership of the domain. However, please note that it will be your responsibility to transfer the domain from OpenDent to a new domain service. Any costs associated with the domain transfer, including but not limited to registration fees, transfer fees, or any other incurred expenses, will be solely borne by you.

Website Uptime and Downtime

At OpenDent, we are committed to providing a reliable and high-quality web hosting service. However, it is important to understand that occasional downtime may occur due to various factors beyond our control. We have established the following terms and conditions regarding downtime:

Scheduled Maintenance

To ensure the continued performance and security of our hosting infrastructure, we may occasionally need to perform scheduled maintenance. During such maintenance windows, there may be temporary service interruptions. We will make every effort to notify our clients in advance of any planned maintenance.

Unplanned Downtime

In the event of unplanned downtime due to technical issues, hardware failures, or other unforeseen circumstances, OpenDent will work diligently to restore service as quickly as possible. While we strive for minimal disruption, we cannot guarantee 100% uptime.

Service Credits

OpenDent offers service credits as compensation for prolonged and significant downtime caused by issues within our control. These credits will be applied in accordance with our Service Level Agreement (SLA).

Service Level Agreement (SLA)

Uptime Guarantee

OpenDent guarantees a monthly uptime of 99.9%. If our service falls below this level, clients may be eligible for service credits.

Data Backup

We maintain regular backups of client data, as outlined in our SLA, to mitigate data loss in the event of unforeseen circumstances.

Liability

OpenDent is not liable for any direct or indirect damages resulting from downtime, including but not limited to lost profits, data loss, or business disruption.

By using OpenDent's web hosting services, you acknowledge and agree to these downtime terms and conditions. We are committed to delivering the highest level of service and will continue to work diligently to minimize downtime and provide the best possible hosting experience for our clients.

Cancellation and Termination

Once the initial 12-month period is completed, you may cancel your subscription at any time without any further obligation. However, during the initial 12-month period, the plan cannot be cancelled. After the initial 12 months, you can cancel your plan by providing notice in writing to OpenDent via email at hello@opendent.co.uk or any other official OpenDent email address, with at least 30 days' notice. OpenDent will acknowledge the receipt of your notice and confirm the effective date of cancellation.

Payment and Billing

Payment for the Service will be processed on a recurring monthly basis. You agree to pay the monthly subscription fee by subscribing to our Service. Failure to make payment may result in suspension or termination of your subscription.

Payment Non-Receipt and Site Deactivation

In the event that we do not receive payment for your subscription on the designated monthly billing date, we will make every effort to contact you and reattempt the payment. Our team will proactively work with you to resolve any payment-related issues. However, if the payment remains outstanding for a period of 28 days from the initial billing date, we regret to inform you that your website will be deactivated. This means that the site will become non-viewable and non-functional until payment is made and the outstanding balance is settled. Additionally, during the deactivation period, access to email accounts associated with the subscription will be deactivated. To reinstate your website and access email accounts, it is essential to settle any outstanding payments and bring your account up-to-date.

Termination by OpenDent

OpenDent reserves the right to terminate the Service at any time if we have reason to believe that there are attempts to avoid payment or abuse of our systems and services. In such cases, we will provide you with a notice of termination at least 14 days prior to the termination date. Upon termination, your website(s) will be deactivated, and access to email accounts associated with the subscription will be disabled. You acknowledge that OpenDent will not be liable for any damages or losses incurred as a result of such termination, including but not limited to lost profits, data, or business interruption.

Warranties and Disclaimers

We warrant that we will provide the Service with reasonable care and skill. However, we do not warrant that the Service will be uninterrupted or error-free. To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement of third-party rights.

Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, special, incidental, consequential, or punitive damages arising from or relating to the Service or these Terms, including but not limited to lost profits, lost data, or business interruption. Our total liability in any case will be limited to the amount paid by you for the Service during the subscription term.

Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of England and Wales. Any dispute arising from or relating to these Terms or the Service will be resolved in the courts of England and Wales, and you consent to jurisdiction in those courts.

Notices

Any notice required or permitted to be given under this Agreement shall be in writing and may be delivered by email to hello@opendent.co.uk or any other official email address provided by OpenDent.

Amendments

We may update or modify these Terms from time to time. We will provide notice of any material changes to these Terms. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.