The terms you agree to when you use our website and our products.
TERMS OF SERVICE
1 Information about us
1.1 We operate the website msitsolution.co.uk. We are MS IT Solutions Ltd, a company registered in England and Wales under company number 05856463 and with our registered office at Central Drive, St Albans, United Kingdom Al4 0UX.
1.2 To contact us, please see our Contact Us page.
2 Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
3 How we use your personal information
4 Our Contract with you
4.1 These Terms and any document expressly referred to in them constitute the entire agreement between you and us (the “Contract”). You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
4.2 Where you are a consumer, you have legal rights in relation to Services that are not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5 How the Contract is formed between you and us
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail (“Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation.
5.4 If we are unable to supply you with the Service ordered, for example because of an error in the price on our site as referred to in clause 10.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Service, we will refund you the full amount as soon as possible.
6 Our right to vary these terms
6.1 We may revise these Terms from time to time, including in the following circumstances:
6.1.1 changes in how we accept payment from you; and
6.1.2 changes in relevant laws and regulatory requirements.
6.2 Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.
7 Providing Services
7.1 We will supply the Services to you from the date set out in the Order Confirmation until the completion date set out in the Order Confirmation. Where no completion date is specified, we will supply the Services until the Contract is terminated in accordance with the Terms.
7.2 Where the Order Confirmation sets out any milestones for the provision of Services, we will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 16 for our responsibilities when an Event Outside Our Control happens.
7.3 We will need certain information from you that is necessary for us to provide the Services, for example, name, address, contact details. We will contact you about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause 7.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you.
7.4 You are responsible for obtaining:
7.4.1 suitable licences of third party software; and
7.4.2 any third party cooperation and consents,
which are required for the full use of the Services. We will not be liable for any delay or non-performance where you have not provided such licences and consents to us after we have asked.
7.5 We may have to suspend the Services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. This does not affect your obligation to pay for any invoices we have already sent you.
7.6 If you do not pay us for the Services by the due date for payment, as set out in clause 11, we may suspend the Services 7 days after the due date until you have paid us the outstanding amounts. We will contact you by email to tell you this. This does not affect our right to charge you interest under clause 11.3.
7.7 Implementation and Transition
7.7.1 We will make available the Services on or before the start date specified in the Order Confirmation.
7.7.2 At your request, we will use reasonable endeavours to:
(a) assist with the transfer of your website from your own development server; or
(b) assist with the transition of any of your website(s) from any third party host.
7.8 Shared Hosting
7.8.1 Where the Services we provide to you include shared hosting, we will make available to you:
(a) hosting capacity on a shared server meeting the specification set out on the site which may vary from time to time;
(b) the ability to access, update or amend any websites, web applications, software, information, data, databases and other works and materials stored, transmitted, published or processed using the Services (the “Hosted Materials”) by FTP or similar means.
7.8.2 You warrant that any material that you display on the respective sites do not and will not infringe any applicable laws, regulations or display material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights (“Inappropriate Content“).
7.8.3 For the avoidance of doubt, we will have administration rights in relation to any shared server, and we may refuse any request to change the configuration of a shared server at our sole discretion.
7.9 Virtual Private and Dedicated servers
7.9.1 Where the Services we provide to you include a dedicated server, we will make available a dedicated server meeting the specification set out on our site, and will grant to you administration rights with respect to that server except where the service is managed, in which case we may refuse any request to change the configuration of the dedicated server at our sole discretion.
7.9.2 For unmanaged VPS & dedicated servers you acknowledge that we will not provide support in connection with the administration of such VPS/dedicated server, and you warrant that you have all necessary expertise to configure, manage and keep the VPS/dedicated server secure at all times.
7.9.3 You will not configure, or allow any other person to configure, a dedicated server in any way contrary to the guidelines published on our site from time to time.
7.9.4 We may from time to time require that you apply software and/or hardware upgrades to the dedicated server.
7.9.5 For the avoidance of doubt, dedicated servers made available under this Contract will remain our property at all times.
7.10 Email services
7.10.1 Where the Services we provide to you include email transmission, storage and/or management services:
(a)we will provide POP3/IMAP/SMTP and webmail email services to you in accordance with the respective Service description.
(b) all shared hosting mailboxes will be protected by our anti-spam and anti-virus solution, StriKe.
(c) if you or a mailbox dedicated to you exceeds the relevant storage limit, we may delete stored emails to bring you or the mailbox dedicated to you within the storage limit.
7.11 Domain name registration
7.11.1 Where the Services we provide to you include domain name registration, we will attempt to register domain names that you order using the interface on our site but we do not warrant that we will be able to do so.
7.11.2 You warrant that:
(a) the information submitted for the purposes of a domain name registration is current, accurate and complete,
(b) you have the legal right to apply for and use the domain name, and
(c) your use of the domain name will not infringe any person’s Intellectual Property Rights or other legal rights; and
(d) you will keep the information required for the purposes of a domain name registration up-to-date (which changes may be subject to additional payments as set out on our site).
7.11.3 You acknowledge and accept that certain information submitted for the purposes of a domain name registration will be published on the internet via “WHOIS” services.
7.11.4 We may, in our sole discretion, reject any request to register a particular domain name.
7.11.5 We do not offer any advice in relation to any actual or potential domain name dispute, and will have no liability in respect of the suspension or loss of a domain name by you as a result of any domain name arbitration procedure or court proceedings.
7.11.6 Domain name registrations will be subject to periodic renewal fees and transfer fees as stated on our site from time to time. We have no responsibility for your use or retention of a domain name once registered, and it will be your responsibility to ensure that domain names are renewed and that applicable renewal charges are paid.
7.11.7 You acknowledge that domain names will be subject to the rules and policies from time to time of the relevant registry or registration authority, and you agree to abide by all such rules and policies.
7.11.8 You agree to the terms of the applicable domain name registration agreement (as amended from time to time): www.nominet.org.uk – for .uk domains and www.icann.org for .com, .net, .org, .info. biz domains.
7.11.9 Free domains
(a) The free domain offer on annual plans is only for the first year and only valid on standard domains: e.g. .uk, .com, .org. This isn’t applicable on premium TLDs. e.g. .london.
(b) Free life long domain on Premium plans is only for the life of the Premium plan and will return to full price as and when the Premium plan is cancelled / downgraded.
(c) The free domain is a welcome gift and should be chosen at checkout with your hosting. This can’t be redeemed after your initial hosting purchase.
(d) Free domains are only applicable to new hosting accounts only, upgrading or switching from another MS IT Solutions hosting package will not qualify for a free domain.
(e) If the hosting is refunded the cost of the free domain will be deducted from this as the domain is yours to keep until expiry.
7.12 SSL certificates
7.12.1 Where the Services we provide to you include SSL we will attempt to obtain an SSL certificate that you order using the interface on our site.
7.12.2 You warrant that:
(a) the information submitted for the purposes of an SSL certificate is current, accurate and complete; and
(b) you will keep the information required for the purposes of an SSL certificate up-to-date (which changes may be subject to additional payments as set out on our site).
7.12.3 You agree to the terms of the applicable SSL subscription agreement (as amended from time to time): www.geotrust.com, www.comodo.com and www.rapidssl.com.
7.12.4 We do not allow clients to install third party SSL certificates. Please note that this is because of the staff resource required to install and renew them.
7.13.1 The Company will use reasonable endeavours to respond to requests for support in accordance with the support Services specifications as set out on our site.
8 Intellectual Property Rights
8.1 For the purpose of this Contract, “Intellectual Property Rights” shall mean all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, whether registered or unregistered and including all applications for and renewals or extensions of such rights.
8.2 You retain all Intellectual Property Rights in the software and materials that you provide to us and you grant us a licence to such Intellectual Property Rights to the extent required for us to perform our obligations pursuant to this Contract.
8.3 All Intellectual Property Rights in any works arising in connection with the performance of the Services by us (the “Works“) shall be our property, and we hereby grant to you a non-exclusive licence to such Intellectual Property Rights for the sole purpose of receiving the benefit of the Services.
9 If there is a problem with the Services
9.1 In the unlikely event that there is any defect with the Services:
9.1.1 please contact us through the helpdesk or via email and tell us as soon as reasonably possible (including details of your name, the respective domain name and server);
9.1.2 please give us a reasonable opportunity to repair or fix any defect; and
9.1.3 we will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 1 working day.
You will not have to pay for us to repair or fix a defect with the Services under this clause 9.1.
9.2 If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
10 Price of Services
10.1 The prices of for the Services will be as quoted on our site from time to time.
10.2 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
10.3 The price of a Service excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
10.4 Our site contains a number of Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
10.5 Payments in respect of domain name registrations, domain name renewals and SSL certificate Services (as more particularly set out at clause 7.11 and 7.12) are non-refundable.
11 How to pay
11.1 You can pay for the Services using a debit or credit card, PayPal or Bank Transfer. We accept the following cards: Visa, MasterCard, American Express.
11.2 Payment for the Services is in advance and may be made (i) monthly; (ii) annually; or (iii) triennially in advance, as specified in the Order Confirmation. We will not charge your debit card or credit card until we send you an Order Confirmation.
11.3 If you fail to make any payment due to us under this Contract by the due date (plus 7 days) then, without limiting our remedies under clause 11, you shall pay a fixed late fee on the overdue amount at whichever is the greater of 3% or £5. You shall pay the penalty charge interest together with the overdue amount.
11.4 Adding your card to file authorises us to auto bill you on your due date. You can manage this via your client area.
12.1 Either party (the “Non-defaulting Party“) shall be able to terminate this Contract immediately in the event that the other:
12.1.1 commits a material breach of any of its obligations under this Contract and has not remedied such breach (if capable of remedy) within twenty eight days of request from the Non-defaulting Party for remedy by serving written notice; or
12.1.2 is subject to any winding up order or resolution, has any provisional liquidator appointed to it, has a receiver appointed or is the subject of an application made to court for an administration order or if a notice of intention to appoint an administrator is filed or an administration order made in respect of it, is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, enters into any arrangement for the benefit of or other compounds with its creditors generally or ceases or threatens to cease carrying on its business, or (being an individual) is the subject of a bankruptcy petition or order, or any equivalent processes in any jurisdiction.
12.2 Without prejudice to any rights that have accrued under a Contract or any of its rights or remedies, either party may terminate a Contract on giving not less than 30 days written notice to the other party. Notwithstanding the foregoing, if you have agreed and paid for an annual Service, we shall not be obliged to refund any pro rated payments if you cancel during the annual term.
12.3 An account may be terminated with immediate effect if abusive behaviour is directed at staff.