Ultimate Spin Care Terms & Conditions

Either party, the Service Provider or the Client, reserves the right to terminate this agreement for any reason, provided that the terminating party furnishes the other party with 30 days’ written notice. This formal notification period allows both parties adequate time to prepare for the transition and conclude all outstanding matters.

Upon the effective date of termination, regardless of which party initiated the termination:

• Cessation of Speed Optimisation Services (NitroPack): All services provided by the Service Provider related to website speed and performance optimisation, specifically those utilising third-party tools such as NitroPack, will immediately cease. Any existing licenses or configurations managed by the Service Provider will be deactivated, and the Client will be responsible for obtaining their own license or alternative solution if they wish to continue using such services or maintaining the associated performance benefits.
• Termination of Email Delivery Service (SMTP2GO): The provision of the Email Delivery Service, currently facilitated through our third-party provider, SMTP2GO, is essential for the reliable and secure transmission of all automated and transactional emails originating from the client’s platform, including, but not limited to, system notifications, online form enquiries, password resets, order confirmations, and marketing communications.
  In the event of a decision to terminate the Email Delivery Service:

• Data Transition: Upon termination, the client will lose access to the SMTP2GO platform via the Spin Ultimate Care service and will be solely responsible for establishing an alternative email delivery mechanism. The Spin Ultimate Care service will not be responsible for any interruptions to email communication resulting from the termination. The client is responsible for transitioning any necessary historical data or configuration settings before the effective termination date.
• Post-Termination: Following the termination date, all attempts to route emails through the previously configured SMTP2GO relay via the Spin Ultimate Care service will fail, resulting in delivery errors.
• Disclaimer: The Spin Ultimate Care service is not the direct provider of the SMTP2GO service and, as such, cannot guarantee its uptime, deliverability rates, or specific service features. Our role is limited to integrating and managing the service as part of the broader Spin Ultimate Care package. The termination of this specific component does not necessarily terminate the entire the Spin Ultimate Care service agreement unless the grounds for termination also breach the overall terms and conditions.

• Revocation of Premium Plugin Licenses: Any premium or paid plugin licenses that have been procured and provided to the Client as part of the Service Provider’s ongoing services and maintenance package will be immediately revoked. The Client acknowledges that these licenses are typically non-transferable and are tied to the Service Provider’s agency accounts. The Client will be responsible for purchasing their own licenses for any such plugins they wish to continue using post-termination to ensure the continued functionality and security of their website. 
  1. As plugin licenses are typically billed on an annual basis, the client assumes responsibility for the purchase costs. They retain the right to utilise our licenses until their expiration, provided the outstanding balance is settled upfront. We shall notify the client of the expiration date to ensure they are fully apprised of the relevant timelines.
• Client Responsibility for Website and Data Migration: The Client assumes sole responsibility for all necessary actions involved in migrating their website, including all associated files, databases, and content, to a new hosting provider or service provider of their choice. The Service Provider will not be responsible for any costs, data loss, or downtime incurred during this migration process. It is the Client’s obligation to ensure all data is successfully and securely transferred within a reasonable timeframe following the termination date. The Service Provider may, however, offer a final backup of the website data upon request before the end of the notice period, subject to any specific data retention policies outlined elsewhere in this agreement.
• Early Termination Clause: Should the Client choose to terminate this contract prior to the expiration of the one (1) year commitment period, the Client acknowledges and agrees that such early termination will require immediate settlement of all outstanding balances due up to the date of termination.
  This includes, but is not limited to, payment for all services rendered, costs incurred, and any applicable professional fees or charges accrued as defined within this agreement and its associated schedules or statements of work. Furthermore, the Client may be subject to an early termination fee equivalent to the remaining monthly service fees or the proportional outstanding value of the one (1) year commitment, unless otherwise stipulated and agreed upon in writing by both parties. Termination shall only become effective upon the date that all outstanding payments and any applicable early termination fees are received in full.