E-Learn Design (ELD) and all ELD clients are subject to the following Moodle trademark obligations:
“The name Moodle™ is a registered trademark of the Moodle Trust. If you are intending to use the name to advertise commercial generic Moodle services (eg Moodle Hosting, Moodle Support, Moodle Certification etc), then you must seek direct permission in writing from Martin Dougiamas via the moodle.com helpdesk, in accordance with normal trademark restrictions. There are no restrictions on how you use the name in other contexts (for example, if you use Moodle just to provide courses then you can use the name freely to refer to it.) If you aren’t sure of a particular case, please ask us via the moodle.com helpdesk: we’ll be happy to either provide you with official permission in writing or help you fix your wording.”
Service Level Agreements
ELD offers specific service level agreements upon request to all clients who take out a specific support contract for server maintenance, Moodle, Iomad, WP or Mahara hosting, and, in some cases, for instructional design contracts. If no specific technical or pedagogical support contract is in place all ELD hosted clients enjoy our regular service which includes:
Clients requiring more intense and immediate support for any server or software are required to seek a specific support contract and service level agreement which details their needs.
Cancellation of Services
All hosting and support contracts with ELD are annual. Invoices are raised annually and in advance (unless otherwise agreed) for hosting and support costs going forward for 365 days. ELD requires 30 – 90 days notice of any termination of hosting service (30 days for shared hosting and 90 days for single or multiple server hosting) to assure a smooth exit. In the event of an early termination of services a refund for hosting or support costs is not possible.
Shared Server Hosting Allowance
With any shared server hosting package the client agrees to maintain their Moodle site within the size limit (GB) as outlined by their hosting package. Clients who go over their hosting allowance size will be alerted by ELD once before being upgraded to the next appropriate package. ELD monitors individual Moodle sites for size on a weekly basis to ensure that servers are not overloaded and operate at their best. It is the client’s responsibility to respond to any over usage alerts and take action.
Credit and Accounts
1. Credit accounts are available to Limited Companies, Public Bodies and Educational Institutions on receipt of an official purchase order from the organisation concerned. For other clients, payment in advance by cleared cheque, credit card (via PayPal) or BACS transfer is required for the first order, but credit facilities may then be offered to that client for future transactions. Workshops, Training and courseware/instructional design are, generally, payable in advance.
2. If a case warrants a contract and once a contract exists between ELD and the Client, it cannot be cancelled by the Client except with ELD’s consent and on terms that will indemnify ELD against loss, whether direct or indirect. We do not award contracts for basic annual hosting services and require one month’s notice to terminate any shared hosting service and three months notice for single or multiple server hosting.
3. Price lists on our website are valid and binding. Prices given through official quotations are valid for 90 days.
4. Credit accounts shall be settled within 14 days of the date marked on the invoice sent by ELD to the Client or are subject to a 10% service charge per month on the outstanding balance of any overdue accounts. ELD reserves the right to withdraw credit facilities and suspend work, site access and deliveries on overdue accounts. The Client shall be liable for all costs, including legal fees, incurred in the collection of any outstanding balance.
Contracts and Deliverables
1. Any time quoted by ELD for delivery of services is given as an estimate only and is not to be of the essence of the contract. ELD works to client milestone and mutually agreed delivery dates, but shall not be liable in any way in respect of late delivery, however caused. Late delivery will never be last minute and clients are always part of the process on any movement in project deadlines and dates. Clients are responsible for upholding their own responsibilities in terms of deliverables on larger projects, especially where these may cause delays in overall delivery.
2. If/Once a contract for consultancy or customised development has been agreed, any change to the specification of the work involved must be agreed with ELD and may result in an additional fee being charged. We are happy to discuss further customisations which are outwith the original scope of any contract, and we pride ourselves on being flexible, however ‘feature creep’ will be noted and discussed in any project that strays from the original contract.
3. Any deliverables (such as Moodle installations, course materials, audio or video recordings or other media, workshops or training) shall remain the property of ELD until ELD has received full and unconditional payment for the deliverables. Should full payment of the amount owing under the contract not be made when due, ELD may remove the site(s), materials and / or media from any system where they may have been installed in addition to exercising such other rights or remedies as may be conferred on ELD by law.
4. Once any ELD site, service, media or other deliverable is made available to the Client, the Client will, by accepting delivery, “Sign Off” the deliverable. Clients have 10 days to report any bugs/faults which will be addressed by ELD. If any faults are not reported to ELD within 10 days the service will be considered ‘fully delivered’, except in the case where the Client has taken out a support contract with ELD in which case the SLA between the parties is withstood.
5. In the event that any deliverables are deemed by the Client to be faulty on delivery, and the fault is reported as detailed above, ELD will endeavour to remedy the fault at no extra cost. If the deliverable has previously been “Signed Off” and the fault has been discovered or developed at a later date, ELD will be happy to accept a new arrangement to remedy the fault at the standard ELD consultancy and/or support rates.
You may not without our prior written consent, provide or offer to provide any part of the deliverables or such materials, or any services involving their use, on a commercial basis to any third party.
ELD does not take any responsibility for the content of websites linked from your Moodle installation.
All Moodle site hosting contracts will be subject to our acceptable use policy:
• No Illegal, Anti-Social or Offensive material may be stored or published on your Moodle hosting space.
• Prohibited content includes, but is not limited to: Adult, Abusive, Illegal, Terrorist and Anti “Any” Culture. This includes all media, materials and forms that the above may take.
• We reserve the right to remove any material that we believe may be breaking UK law, or causing distress to users of the services we provide.
• Security for your Moodle administrator account is your responsibility and passwords should be kept secure at all times.
• ELD is not responsible for availability of domain names. We do not guarantee that any requested domain name may be available for new registration.
• Transfer of already-registered domain names is not the responsibility of ELD, nor any downtime in the process.
• We shall not be held liable for any loss or damage caused by the use or misuse, unavailability or removal of services.
• On closure of any accounts, data will be deleted. We will make every effort to warn you before this happens, but once an account is closed, the client must assume that data associated with that account no longer exists.
• You must not install or store any software that enables or assists any Internet user to send mass mail, change mail headers, allow anonymous messages to be sent to another user or other activity considered unacceptable. If it is reported to ourselves that you have used our service or that of a third party to send such emails, your account may be terminated, without notice.
Warranty and liability
1. ELD makes no warranty, implied or otherwise, that services (including but not limited to consultancy, web hosting, software installation or media provision) is suitable for the purposes of the Client. ELD uses free open source software for most of its projects, and makes no warranty on this software.
2. Any contract between the Client and ELD shall be governed by and construed in accordance with Scottish law and the parties agree to submit to the non-exclusive jurisdiction of the Scottish courts.
3. ELD’s liability under the contract is limited to the remedies specified in the foregoing conditions to the entire exclusion of any other remedy which, but for this condition, the Client might have. ELD shall in no circumstances be liable for any damage or injury, direct or consequential, or other loss or loss of profits of whatever kind and however arising. Accordingly, every representation, condition, warranty and undertaking, whether express or implied by statute, common law, custom or otherwise and whenever given or made, in relation to the goods or the performance of the contract is, to the extent permitted by law, hereby excluded for all purposes.
Information and confidentiality
Every effort in good faith will be taken to preserve confidential information from unauthorised disclosure.
Except where there is specific agreement to the contrary, our client relationship with you shall not be treated as confidential information and we may disclose this fact to clients or prospective clients.
As a Moodle Partner we are contractually required to disclose certain information about clients, potential and actual, for the purposes of accounting.