Terms & Conditions

Service Level Agreement

ILS offers specific service level agreements on request to all clients entering into a specific support contract for server maintenance, course development, LMS administration and instructional design contracts. In the absence of a specific valid technical or educational support contract, all hosted ILS clients enjoy our regular services which include:

  • Access to our ticketing system (info@icarus.so) for questions, errors and requests (please note that in the absence of a support contract, ILS reserves the right to the cost of the support. Costs will always be waived in advance)
  • The initial response is deserved as quickly as possible
  • A solution is proposed at the time of initial response
  • The intention to solve any problems raised in the ticketing system as quickly as possible
  • Daily disaster backups of all sites
  • Clients who require immediate and extensive support for any server or program are required to seek a specific support contract and service level agreement that spells out their needs in detail.

Not Included in Support

Customers must not alter or alter their installation code base. If a customer changes or changes their LMS code without using approved
plug-ins and this change breaks or has an impact on their site, the customer acknowledges that this is not covered by the support. Costs associated with repairing site will be assessed on a case-by-case basis and scheduling for any investigation or carrying out of fixing will be at the discretion of ILS.  Additionally, sites carrying out alterations to their code base are not eligible for a free version upgrade.

Cancellation of Services

All hosting and support contracts with ILS are annual.  Invoices are raised annually and in advance (unless otherwise agreed) for hosting and support costs going forward for 365 days. ILS 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 IONIC LMS site within the size limit (GB) as outlined by their
hosting package.  Clients who go over their hosting allowance size will be alerted by ILS once before being upgraded to the next appropriate package.  ILS monitors individual 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.

Free LMS Version Upgrades

All clients hosting their IONIC installation with ILS are entitled to a free version upgrade once per annum (with the exception of those points raised in Not Included in Support above). It is the responsibility of the client to request a version upgrade, though ILS may remind the client. We recommend that you arrange your version upgrade around the same time that you renew your annual hosting contract.

If you have requested or yourself installed plugins on your Moodle site which are no longer supported with the latest version of Moodle then this may impact on your free upgrade.

Credit and Accounts

Credit accounts are available to Limited Companies, Public Bodies and Educational Institutions on receipt of an official purchase order
from the organization concerned. For other clients, payment in advance by cleared cheque, credit card (via PayPal) or Interac / wire bank 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. If a case warrants a contract and once a contract exists between ILS and the Client, it cannot be cancelled by the Client except with ILS’s consent and on terms that will indemnify ILS 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.

Price lists on our website are valid and binding. Prices given through official quotations are valid for 5 months. Credit accounts shall be settled within 14 days of the date marked on the invoice sent by ILS to the Client or are subject to a 10% service charge per month on the outstanding balance of any overdue accounts. ILS 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

Any time quoted by ILS for delivery of services is given as an estimate only and is not to be of the essence of the contract. ILS 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.

If/Once a contract for consultancy or customized development has been agreed, any change to the specification of the work involved must be agreed with ILS and may result in an additional fee being charged.  We are happy to discuss further customizations which are outside 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. Any deliverables (such as LMS installations, course materials, audio or video recordings or other media, workshops or training) shall remain the property of ILS until ILS has received full and unconditional payment for the deliverables. Should full payment of the amount owing under the contract not be made when due, ILS 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 ILS by law. Once any ILS 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 ILS.  If any faults are not reported to ILS within 10 days the service will be considered ‘fully delivered’, except in the case where the Client has taken out a support contract with ILS in which case the SLA between the parties is withstood.

In the event that any deliverables are deemed by the Client to be faulty on delivery, and the fault is reported as detailed above, ILS will endeavor 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, ILS will be happy to accept a new arrangement to remedy the fault at the standard ILS consultancy and/or support rates.

Intellectual Property

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. ILS does not take any responsibility for the content of websites linked from your LMS installation.

Acceptable Use

All LMS 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 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 Canadian law, or causing distress to users of the services we provide.

• Security for your LMS administrator account is your responsibility and passwords should be kept secure at all times.

• ILS is not responsible for availability of domain names. We do not guarantee that any requested domain name may be available for new

• Transfer of already-registered domain names is not the responsibility of ILS, 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 us 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

ILS 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. ILS uses free open source software for most of its projects, and makes no warranty on this software.

Any contract between the Client and ILS shall be governed by and construed in accordance with Canadian law in the Province of Ontario and the parties agree to submit to the non-exclusive jurisdiction of the court of the Province of Ontario, Canada.

ILS’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. ILS 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 unauthorized 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.