Terms Used

1. ‘Us’, ‘Ourselves’ – Refers to the company and staff of The IT Doc and subsidiaries.
2. ‘You’, ‘yourself’, ‘yourselves’ – Refers to the purchaser of services.
3. ‘Handover’, ‘Handovers’ – Refers to migration in or out of our services.
4. ‘Services’ – Refers to any services purchased via the website, by email request, verbally or contractually.
5. ‘As Is’ – Refers to ‘What You See Is What You Get’.

Terms Of Use

1. The services provided by us are ‘as is’. Any additional services have their own Terms and Conditions and in some cases, cross over with these general Terms and Conditions.
   See each service for their own specific Terms and Conditions.
2. The infrastructure for all our provided services have at least a 99% annual up time. If something that utilised that infrastructure encounters a problem then that is not part of the infrastructure and does not include the standard up time and is independent of that.
3. Use of our services will not be used to illicit, provide, support, solicit, harm or disrupt any part of operational services or functionality of our services or other customers. You are fully responsible for how the services purchased are used an no responsibility of how that is used is imparted on us.
4. By continuing to use the service(s), you agree to these Terms and Conditions.
5. Any breech of reasonable allowances/quota limits will be charged accordingly for consumption of resources.
6. It is the full responsibility of yourselves to ensure that you take the necessary security precautions to ensure that your services are as secure and safe from external influence such as hackers and spammers etc. While we run daily antimalware and antivirus scans, should any scans come back positive which are identified as belonging to your resource space, you will be informed by email. Should remediation not be resolved then suspension of services will be put in place to prevent any damage or further damage.

Price and Payment Terms

1. Payments for all services are preferably by BACS in order to keep costs down.
2. Any payments made by other methods incur a charge as outlined on the invoices.
3. All payments are to be made before the Due Date. Failure to settle the bill before that date will incur a daily charge as outlined on the invoices.
4. Prices are liable to change at any time. We will notify you of a change in our prices at least 14 days before the price increase comes into force. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account.
5. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds in full.
   If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account.
6. If we fail to authorise payment your account may be suspended.
7. All services are charged annually. If you cancel your services or services are terminated before the renewal date, no refund in full or pro-rata are given.

Non-Payment Conditions

1. If payment is not made by the Due Date or no prior arrangement has been put in place or discussed then services will be restricted until the bill has been cleared in full.
2. ‘Restriction of service’ protocol will be initiated.

Termination Of Services

1. Termination of services by you:
   1.1 – 30 days notice is required prior to termination of services providing that any outstanding bills/invoices have been settled.
   1.2 – If there is an outstanding balance on your account, then the Restriction Of Services protocol is in effect until the cause has been rectified and resolved.
   1.3 – Failure to pay any outstanding bill is not notice of termination and all efforts to recover the outstanding balance and associated charges will be initiated.
2. Termination of services by us:
   – All core services are provided on an annual basis, no refunds are given in part (pro-rata) or in full for any service(s) taken by you.
   – Any services such as backups and licences which may be charged monthly, should the payment(s) fails in the interim of aforementioned notice period, then the remainder of the licence period will be added to the final bill.
   – In the unlikely event that we encounter any unforeseen circumstances such as closure of business, then all efforts to pass your account(s) onto a 3rd party will be initiated by us.
3. If you have purchased a domain name through us, it is your responsibility to transfer the domain name to an alternative registrar before the last day of service. If the domain has not been transferred, then it will be cancelled along with any other services and you will lose access to it.
4. Any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system.
   

Restriction Of Services Protocol

1. Restriction Of Services Protocol is suspension of services for all services.
2. This may include backups, handovers, DNS changes, changes to services or websites, consultation tasks, SSL certificate renewals, technical support etc.
3. If the Restriction Of Services protocol has been initiated as a result of non-payment, then no services will resume until the outstanding bill has been paid.
4. If the Restriction Of Services protocol has been initiated as a result of over-use of agreed resources, then a case-by-case solution will be sought in order to remedy the issue or cause.
   This may mean that if this is the case, services may be throttled in order to minimise further issues or damage.

Consumer rights

1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations 2013 allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation.
2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations 2013
3. This provision does not otherwise affect your statutory rights.

Quality Of Service

1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
2. We will not be liable for a breach of the warranty provided above unless:
   2.2 – You give written notice of the breach to us
   2.3 – We are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you
   2.4 – The problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any)
   2.5 – You alter the Services without our written consent
   2.6 – The problem arises because of misuse
3. If we are in breach of the warranty in accordance with the clause above we will, use all reasonable commercial efforts to remedy the breach promptly
4. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.

Access to your services

1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.
2. You are also responsible for ensuring that all persons who access our Services are aware of these terms and conditions (and in particular our acceptable use policy).

Hosting Service Levels

1. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.

Back-up of your material and our servers

1. If you have or have not purchased backup services, it is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services. We provide tools to make website and database backups.
   In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
2. If you have not purchased or an agreement to supply backup services has been included in your services, then it is your responsibility to procure such services.
3. We will follow our archiving procedures for the data stored on our servers.
4. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

Hosting Service usage limitations

1. The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order.
2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.
3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.
4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion,
5. The services you order are the services you will get including the limitations listed on the order. Any breech or over-use of those services are chargeable at the rate indicated on the website (prices may vary).
6. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.
7. A breach of either the Website Terms of Use or Acceptable Use policy will entitle us to terminate the provision of Services to you.

Domain Names

1. Where the Contract includes our Domain Registration and Renewal Service:
   1.1 – We will endeavour to procure the registration of the domain name you request
   1.2 – We will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.
   1.3 – We shall not act as your agent or on your behalf in any dealings with domain name registry.
   1.4 – The registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider.
   1.5 – You are responsible for ensuring that you are aware of the terms so that you can comply with them.
   1.6 – The domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar.
   1.7 – We shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.
   1.8 – You confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
3. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.
4. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.
5. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.
6. You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.
7. Any spelling mistakes or change of mind of domain names by you are your responsibility and will be liable for the full cost of the original and replacement domain name for the registration duration that was chosen during the checkout process.

Our Liability

1. We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.
2. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider
3. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.
4. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
5. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
   5.1 Loss of income or revenue.
   5.2 Loss of business.
   5.3 Loss of profits or contracts.
   5.4 Loss of anticipated savings.
   5.5 Loss of goodwill.
   5.6 Loss of software or data.
   5.7 Wasted expenditure (such as pay per click advertising costs).
   5.8 Wasted management or office time.
6. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.
7. You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).
8. Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.

Events outside our control

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
   2.1. – Misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
   2.2. – Strikes, lock-outs or other industrial action;
   2.3. – Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
   2.4. – Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
   2.5. – Impossibility of the use of public or private telecommunications networks; and
   2.6. – The acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

1. No waiver is applicable on any of the services we offer as we are not the provider of the services on offer, we are merely the broker/reseller.
2. However, a discretional waiver may be agreed upon on a case-by-case basis.
3. A waiver by us of any default shall not constitute a waiver of any subsequent default.
4. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

Changes to our terms and conditions

1. We have the right to revise and amend these terms and conditions from time to time.
2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.