Terms & Conditions

Customers, Users & Subscriptions

The Service is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on an annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or RapidSpike Limited cancels it. You may cancel your Subscription renewal by contacting RapidSpike Limited customer support team.

If RapidSpike requests to terminate the service, the client will have 90 days to remedy any termination issues. RapidSpike will provide any written notice to the client by email.

A valid payment method, including purchase order, credit card or PayPal, is required to process the payment for your Subscription. You shall provide RapidSpike Limited with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. 

By submitting such payment information, you automatically authorize RapidSpike Limited to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, RapidSpike Limited will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

RapidSpike Limited may use your Company Names and Logos in case studies, promotional materials, or other write-ups, unless you request otherwise (see appendix).

Free/Trial accounts can only be used to check the infrastructure and websites for your own brand. If you are looking to use this as a service for your own clients then you must use a paid subscription.

Reselling RapidSpike Limited services can only be undertaken with express permission from RapidSpike Limited.

Free Trial

RapidSpike Limited may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

At any time and without notice, RapidSpike Limited reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

RapidSpike Limited, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle (if annual, for example at the end of annual subscription).

RapidSpike Limited will provide you with 30 days prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by RapidSpike Limited on a case-by-case basis and granted at the sole discretion of RapidSpike Limited.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Client Warranty

The Client hereby warrants that it is fully entitled to permit RapidSpike Limited to perform the Services and that such performance will not be in breach of any third party rights in relation.

Client warrants that it is authorised to perform security testing including vulnerability assessments and penetration testing on the Network or IP addresses on which any of the Services shall be performed and that the performance of the Services will not be in breach of any third party rights. The Client hereby indemnifies and holds wholly harmless RapidSpike Limited in respect of any claim by any third party against RapidSpike Limited or the Client resulting from a breach of the Client’s warranties set out in this ‘Client Warranty’ section. In the event of RapidSpike Limited becoming aware of such a claim, it shall notify the Client promptly and will allow the Client at the Client’s expense to defend and, if appropriate, settle such claim. RapidSpike Limited will, if required, assist in the defence of such claim at the Client’s expense.

RapidSpike Limited Warranty

RapidSpike Limited undertakes to perform the Services in a responsible and professional manner but does not guarantee or warrant that it will succeed in identifying all security flaws or that it will identify all hackers and/or threats to the Network.

RapidSpike Limited undertakes to keep confidential the identity of the Client and the results of the Services. RapidSpike Limited undertakes to treat as confidential all data which it accesses in performing the Services, only to use such data for the purposes of this Agreement and to return or delete all such data when required to do so by the Client. The warranty given by RapidSpike Limited in this paragraph is exclusive of and in lieu of all other conditions, terms and warranties, statutory or otherwise, either expressed or implied, including without limitation those relating to satisfactory quality or fitness for purpose.

Limitation of Liability

RapidSpike Limited or any authorised reseller or managed service partner shall not be liable for any loss or damage of whatsoever nature suffered by the Client arising out of or in connection with any act, omission, misrepresentation or error made by or on behalf of the Client.

This clause sets out the entire financial liability of RapidSpike Limited (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Client in respect of any breach of this Agreement; any use made by the Client of the Services and/or Software and/or Equipment in whole or in part; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.

Except as expressly set out in this Agreement, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded from this Agreement. Nothing in this Agreement limits or excludes the liability of RapidSpike Limited (or its agents or subcontractors) for death or personal injury resulting from negligence; or for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by RapidSpike Limited. Subject to the clause above:

1. RapidSpike Limited shall not be liable for any loss of performance or availability caused by undertaking the Services nor will it be liable if in providing the Services it manages to trigger issues which cause the Client loss, except where such loss results from RapidSpike Limited’s negligence;
2. RapidSpike Limited shall not be liable for loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and RapidSpike Limited’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise (a “Default”) shall be limited to five times the charges paid or payable by the Client under this Agreement in the 12 month period preceding such Default.
3. RapidSpike Limited shall not be liable for any financial costs of any detected or undetected security breach on any monitored website or asset. The RapidSpike platform is designed to catch the majority of client side attacks and is under constant research and development to ensure it is as current as possible, however it is impossible to protect against every outcome.

GDPR (Regulation EU 2016/679)

This compliance relates directly to the RapidSpike Platform and the data captured whilst monitoring our customers digital assets. RapidSpike is committed to protecting and respecting client privacy (our client) privacy and that of any customers (our clients customers) and complying with the principles of the GDPR. The following statements of fact mean to clarify what data RapidSpike captures during monitoring and why it complies with GDPR Regulation EU 2016/679:

1. RapidSpike users configure platform user information including name, email address, password and a mobile or landline phone number in order to allow the RapidSpike Platform to send alerts, reports and allow users to access the platform.
2. RapidSpike Platform synthetic user journeys can be configured to login to an account on the clients website/product. This information is visible to any RapidSpike admin users of the account or anyone in the clients RapidSpike account that is given admin access. 
3. The Rapidspike Platform Real User Monitoring collects no personal information on individual client customers and information cannot be traced back to the individual customer. RapidSpike captures the webpage visited, the timings of page load, the browser, operating system and platform used plus the country the request originated from only. 
4. Real User Magecart Detection (in addition to point (c)) also captures the destination of any requests sent to hosts from the users browser, including any plug-ins attached to the users browser. No information inside the requests or any other data is captured other than the destination where data is sent and by what.
5. Real User Monitoring uses a cloudfront cookie: Privacy and the _cfduid cookie: The _cfduid cookie collects and anonymizes End User IP addresses using a one-way hash of certain values so they cannot be personally identified. The cookie is a session cookie that expires after 30 days. Link: Cloudflare _cfduid cookie
6. RapidSpike account data (not including passwords) is only accessible by the users that the client give ‘Admin’ access to and the RapidSpike support team.
7. All RapidSpike employees are under a duty of confidentiality to RapidSpike and our clients.

Grant of Rights

Subject to the Client’s payment of any applicable fees and Client’s compliance with the terms and conditions of this Agreement, RapidSpike Limited grants the Client a non-exclusive, non-transferable right to access the Software and to reproduce solely for Client’s own internal business purposes only such vulnerability test results as set forth in the Reports. The Client will not use such Software and/or the Equipment to access a third party’s Network. The Client will indemnify and keep indemnified RapidSpike Limited against any losses, damages, costs and expenses it incurs in relation to any misuse of the Software. The Client warrants it will not reverse engineer, decompile, or disassemble the Software.

Remote Access

Client agrees to provide remote access to all RapidSpike Limited Accounts for support purposes. Client understands that failure to do this may result in extended response times and service delays that may fall outside of the service level agreement.

Intellectual Property

As between the parties, all Intellectual Property now known or hereafter recognised in any jurisdiction in and to the RapidSpike Platform and in each case all software embedded therein or related thereto, all data and information contained therein (excluding individual factual data gathered from the Client’s IP addresses) (the “Intellectual Property Rights”) are owned by RapidSpike Limited and/or its licensors, and Client agrees to make no claim of interest in or ownership of any such Intellectual Property Rights.

Client further acknowledges that the structure, organisation, and code of the Software are the valuable trade secrets of RapidSpike Limited and/or its licensors. Client acknowledges that no title to the Intellectual Property Rights in the RapidSpike Platform is transferred to Client, and that Client does not obtain any rights, express or implied, in the RapidSpike Platform, including any information contained within the Reports, other than the rights expressly granted in this Agreement.

The RapidSpike Platform and its original content, features and functionality are and will remain the exclusive property of RapidSpike Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of RapidSpike Limited.

Username and Password

It is the Client’s responsibility to change the password and for keeping the Client’s username and password confidential. Client will be responsible for all activities and charges incurred through the use of Client’s username and password, and will indemnify and hold harmless RapidSpike Limited for any claims, liability, damages, losses and costs (including reasonable legal fees) to the extent resulting from such use.

Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by RapidSpike Limited.

RapidSpike Limited has no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that RapidSpike Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Cancellation

You may initiate the process of cancelling your subscription in one of two ways:

• Online Account Management: You can request cancellation by accessing your online account management page. Instructions for cancellation will be provided, and you must follow the guided process.
• Customer Support Team: Alternatively, contact the RapidSpike Limited customer support team via live chat. Once contacted, one of our team members will call you to discuss the options. After the call, depending on your decision, we can cancel your subscription or implement any actions you have decided upon.

Cancellation Terms

• You must cancel one month before renewal, regardless of the term.
• The effective date of cancellation will be one month from the date of the request.
• Any payments due within that one-month notice period will be taken as per the existing terms of the contract.
• Failure to fulfil the payment obligations within this period may lead to additional charges or penalties, as outlined in your contract.

Automatic Renewal Clause

Unless you request cancellation following the abovementioned process, your Subscription will automatically renew under the existing terms and conditions. This automatic renewal will occur if the renewal date passes without your communication indicating a desire to cancel or alter the Subscription.

Renewal Terms

• The contract will renew for the same term and amount as the previous contract period.
• You will be notified via email (or other agreed-upon communication methods) of the upcoming renewal at least 28 days before the renewal date.
• Suppose you do not respond to the renewal notice and choose not to contact RapidSpike Limited by the renewal date. In that case, the contract will automatically renew, and the applicable fees for the renewal period will be charged as per the renewal quote on the existing package terms.
• RapidSpike reserves the right to review pricing annually but may only increase the price without agreed changes to service by less than 5% per annum.

Please carefully review your contract for any additional terms or requirements that may apply to cancellation and renewal. If you have any questions or need assistance, please contact RapidSpike Limited customer support.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will have 90 days in which to remedy any issues. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless RapidSpike Limited and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, non-infringement or course of performance.

RapidSpike Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will RapidSpike Limited ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by RapidSpike Limited or any person for whom RapidSpike Limited is responsible, and even if RapidSpike Limited has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service. If you do not agree to the new terms, then you are entitled to stop using the service and to claim a pro-rata refund.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Supporting Services

RapidSpike is dedicated to providing outstanding support and technical advice for all our customers. We have a team of experienced, knowledgeable and friendly technical engineers who work hard to ensure you get great service and are back in business and working as quickly as possible. 

As part of your contract with RapidSpike, we provide you with technical support for our service, which is available via access to our online knowledge base, your portal, and by email. 

This document is intended to detail the procedures we follow for our support ticket logging and handling and to provide you, the customer with the information needed to access all our Support resources.

This document applies to any organisation that is currently receiving a service or product supplied by RapidSpike Limited. The details in this document apply to technical support queries related to RapidSpike products and services only. 

For security reasons this document should be shared only with employees or third party vendors who are authorised to contact RapidSpike on behalf of the client company.

Support included with plans

There are support hours included in all our plans. Every support query is registered as 0.25 hours (0.5 hours out of hours). We follow a Discuss, Investigate, Fix & Close process. Support included:

Free 1 hour per year for every 1000 credits.

For example: 

• 250 credits = 0.25 hours per year
• 1000 credits = 1 hours per year
• 2000 credits = 2 hours per year
• 10000 credits = 10 hours per year

Whilst RapidSpike do aim to assist in any query and wherever possible will offer helpful advice and guidance as part of the support contract, additional requirements for assistance or training needs from customers may be considered a chargeable ‘extra’.  If the problem is an issue with our products, i.e. a defect, lack of clarity or a new feature this does not come off your support time.

Managed Service Levels 

When a customer enters a Managed Service contract, RapidSpike will monitor and ensure that the infrastructure that the customer service is delivered on is running and in a stable, fit for purpose condition. Internal monitoring of the availability and load of all servers is constantly checked and all platforms are regularly scanned for any security vulnerabilities, ensuring the service provided to customers is uninterrupted. 

Any internal work is performed when required and customers will be notified of any changes that may affect any infrastructure that they are hosted on. 

RapidSpike currently offer three levels of managed service to its customers. These are priced accordingly and only differ with the amount of included Managed Service Requests that are accounted for in 30 minute intervals based upon a quarter of a year. 

Managed Service Requests are customer invoked work that is performed throughout the contract, required in order to keep the customers User Journeys or other service up and running. One example of this may be where a User Journey breaks due to the customer making a change to their website that makes a selector unavailable. 

It is accepted that customer infrastructures will change and this is why the RapidSpike Managed Service addresses the need to provide professional services in order to ensure these changes are reflected by the systems running to ensure the applications ongoing performance, security and availability. 

The time taken to resolve these requests will include the time to research and gather the information required as well as to make the change to the customers system 

Gold Managed Service

The Level 1 Managed Service is the premium service offering from RapidSpike. The following are included in this service: 

• 8 hours extra per month for Managed Service Requests*.
• Quarterly Digital Experience Performance Review.
• 2 Hour working hours Service Level Agreement. 
• Live Chat, Email and Portal based support with 24×7 access. 

Silver Managed Service 

The Level 2 Managed Service is the mid-level service offering from RapidSpike. The following are included in this service: 

• 4 Hours extra per month for Managed Service Requests*. 
• 4 Hour working hours Service Level Agreement. 
• Annual Digital Experience Performance Review.
• Live Chat, Email and Portal based support with 24×7 access. 

Bronze Managed Service 

The Level 3 Managed Service is the entry level service offering from RapidSpike. The following are included in this service: 

• 2 Hours extra per month for Managed Service Requests*. 
• 8 Hour working hours Service Level Agreement.
• Live Chat, Email and Portal based support with 24×7 access.

Managed User Journey Service

The Managed User Journey Service is a feature based service offering from RapidSpike around the creation and maintenance of synthetic user journeys and data breach monitoring. The following are included in this service: 

• Creation & Maintenance of a single user journey (up to 10 steps).
• 8 hours per journey annually for Managed Service Requests*.
• If you have more than one user journey it is a collective time and max step number
  • i.e. 3 UJs = 30 hours overall support and 30 steps maximum
• 4 hour working hours Service Level Agreement. 
• Live Chat, Email and Portal based support with 24×7 access.

*Additional work on Managed Service requests is chargeable at £100 per hour. This includes building and maintaining user journeys, Magecart Attack Assistance and Deep Performance Interrogation.

Logging a Support Request 

Any Support request or Incident raised with the RapidSpike Support Team will be logged in our ticket management system and have a unique reference number assigned. On raising the ticket, the reference number will be emailed to you (the Client) so that the ticket can easily be identified during any further communication. 

How to Raise a Support Request 

We ask all our customers to raise initial support requests either through Live Chat, the In-App Feedback section in or by email to our support team. 

In-App Feedback

The In-App Feedback section is the preferred way for customers to log support requests with RapidSpike. This ensures your support request is placed into our support system and all further communication is done through this system and you can reply to the request through email. 

To raise a support request through In-App Feedback you need to be logged into the system at https://my.rapidspike.com and then go into you account sections (either a picture of you or a circle on the left hand navigation menu, click on the Feedback icon in the top right of the screen. 

Fill in the details of your request and chose the Managed Service Request as the feedback type presuming that the support you are requesting is based on your managed service. 

Email 

You can also raise a support request via email by sending your request to support@rapidspike.com. If you choose this way, one of the RapidSpike engineers creates the relevant request within the support portal and then all communication is handled by the support system. 

Live Chat

You can also raise a support request via Live Chat by clicking the pink icon in the bottom right of the RapidSpike application. If you choose this way, either one of the RapidSpike engineers creates the relevant request within the support portal and then all communication is handled by the support system, or if its a quick question we solve it there and then without creating a ticket.

Our Support Request Process

When the RapidSpike team receive a managed service support request using one of the methods above, the following steps are taken: 

• The ticket is logged by the support system and allocated a unique reference number. 
• The ticket is accepted and allocated to 1st Line Support
• The support engineer classifies the ticket as either support request, bug, managed service request or feature request:
  • BUG/SUPPORT REQUEST: It is allocated a priority based upon the impact to the client and overall service. 
  • SERVICE REQUEST: If the ticket is a managed service request, the engineer ensures that the client has available time in the current quarter. 
  • FEATURE REQUEST: If the ticket is a feature request, the engineer speaks to the team, assesses the feature and if accepted, adds it to the backlog. 
• Provide a first engineer/analyst response within 4 working hours depending on service level. 
• Use reasonable endeavours to resolve the issue by providing fixes and/or workarounds as they become available. 
• Where necessary escalate or refer incidents to an appropriate team or individual. 
• Proactively keep the Client updated on ticket progress, and where possible provide expected timescales for resolution. 
• Once resolved, for the case of a managed service request, the engineer will allocate the time spent on the request to the customers quarterly service register.

How to Follow up Support Request 

If you wish to follow up on any existing support request, or simply speak with one of our team members, you can contact the Support Team by replying to the existing support request emails, by sending a new email to support@rapidspike.com or respond in Live Chat outlining your issue. 

Defect Classifications

• Critical – These are those errors which result in complete failure, for example, unable to load software, etc. Such errors prevent any further usage as they do not have a workaround. 
• High– A major defect is that which collapses or crashes the system and yet the platform remains operable. The workaround in such cases is not impossible but it is very difficult.
• Medium – Such defects have an impact on the less important data and minor functions. It can cause some annoyance but will keep the software up and running. The workaround is easy and obvious. 
• Low – These errors do not relate to the data or working of the software. In fact, trivial errors are those that relate to the look and feel of the program. These errors do not cause malfunctions by impacting any data or function.

Escalation or High Priority Issues 

If the issue is classed as a high priority issue that is affecting your service, please contact support@rapidspike.com.

Please mark the email as high priority, include the word ‘ESCALATION’ at the start of the subject and include as much information as possible in order for the team to contact you as soon as possible.