Terms of Service

Introduction

Data Technics IT Limited (Company Registration: 04605647) provides web hosting and domain registration services to business customers ("Subscriber" or "you"). By using our services, you agree to these Terms of Service and our Acceptable Use Policy.

Our registered office: 60 Ascot Gardens, Southall, Middlesex, UB1 2SA, United Kingdom

1. Agreement and Acceptance

1.1 These Terms of Service ("TOS") constitute a binding legal agreement between you and Data Technics IT Limited.

1.2 Use of our services constitutes acceptance of both these TOS and our Acceptable Use Policy.

1.3 We reserve the right to update these TOS. Continued use of services after changes constitutes acceptance.

1.4 Changes to TOS do not constitute grounds for early termination or non-payment.

2. Service Term and Cancellation

2.1 Term: Services continue on a rolling basis until terminated by either party with 7 days written notice.

2.2 Cancellation Process:

• Submit cancellation request via our contact form
• Specify service termination date
• Allow 7 business days for processing

2.3 Refund Policy:

Initial 30-Day Period:

• Monthly hosting fees refundable if cancelled within first 30 days
• Setup fees and domain registrations are non-refundable

After Initial Period:

• Monthly subscriptions: No refunds
• Quarterly, semi-annual, and annual plans: Pro-rated refunds available based on unused months

2.4 Data Responsibility:

• You must download all data before termination date
• We are not responsible for providing access after termination
• Backups are deleted upon service termination

3. Fees and Payment

3.1 Payment Terms:

• All services must be paid in advance
• No credit extended to subscribers
• Automatic billing for metered services exceeding pre-paid limits

3.2 Payment Methods:

• Credit/debit card (preferred)
• Bank transfer (minimum £10.00 transaction)
• Annual payment required for cheque payments

3.3 Billing Cycle:

• Credit card charges: First business day prior to due date
• Minimum 48-hour grace period after first charge attempt
• Failed payment incurs declined transaction fee

3.4 Overdue Accounts:

• Invoices due upon receipt
• Considered overdue after 10 days
• Late fee: 1% per month on overdue balance
• Suspension after 14 days non-payment
• Termination after 28 days non-payment
• Reconnection fee: £25.00 minimum

3.5 Returned Payments:

• Returned cheque fee: £50.00
• Service suspended until payment received
• Reestablishment fees apply

3.6 Currency: All fees in British Pounds Sterling (GBP)

4. Acceptable Use Policy

4.1 You agree to comply with our Acceptable Use Policy (AUP).

4.2 Prohibited Activities:

• SPAM or unsolicited commercial email
• Security breaches or hacking attempts
• Illegal content or activities
• Child pornography (strict enforcement)
• Copyright infringement
• Excessive resource usage on shared hosting

4.3 Consequences of AUP Violations:

• Immediate service suspension without notice
• Investigation fees: £150/hour (normal hours), £300/hour (emergency)
• Compensation for damages incurred
• No refunds for AUP-related termination
• Potential legal action and law enforcement notification

4.4 Security Responsibility:

• You are responsible for account security
• You are liable for unauthorized access due to negligence
• Compromised accounts may be suspended immediately
• Security breach recovery: £600/hour

5. Ownership and Intellectual Property

5.1 Our Property:

• All software, hardware, and IP addresses remain our property
• Equipment is leased, not sold
• We may change infrastructure at our discretion

5.2 Your Content:

• You retain ownership of uploaded content
• You grant us license to store and transmit your content
• You are responsible for removing content before termination
• No backups provided after termination date

5.3 You warrant that your content:

• Does not infringe third-party intellectual property
• Complies with all applicable laws
• Does not contain malicious code

6. Service Levels and Availability

6.1 Uptime Target:

• We aim for maximum uptime
• Refer to Service Level Agreement for specific commitments
• Credits available for qualifying downtime

6.2 Scheduled Maintenance:

• We will provide 24 hours notice when possible
• Emergency maintenance may occur without notice
• Maintenance windows do not constitute downtime for SLA purposes

6.3 Service Interruptions:

• We are not liable for interruptions beyond our control
• This includes third-party provider issues
• Force majeure events excluded from SLA

7. Limitation of Liability

7.1 Notification Requirement:

• You must notify us within 30 days of discovering any breach
• Written notification required
• Failure to notify waives all claims

7.2 Limitation Period:

• Legal action must commence within 12 months of incident
• This applies regardless of discovery date

7.3 Maximum Liability:

• Limited to total fees paid in preceding 12 months
• We are not liable for consequential damages
• This includes loss of profits, data, or business opportunity

7.4 Service Disclaimer:

• Services provided "AS IS"
• No warranty of merchantability or fitness for purpose
• No guarantee of uninterrupted or error-free service

8. Indemnification

8.1 You agree to indemnify Data Technics IT Limited against:

• Claims arising from your use of services
• Your violation of these TOS or AUP
• Your content and its publication
• Third-party claims related to your account

8.2 This includes legal fees, costs, and damages.

9. Data Protection and Privacy

9.1 Data Processing:

• We process your data in accordance with UK GDPR
• Refer to our Privacy Policy for full details
• You retain data controller status for your content

9.2 Our Responsibilities:

• Secure storage of your data
• No disclosure to third parties without consent (except legal requirements)
• Data backup for disaster recovery

9.3 Your Responsibilities:

• Ensure data complies with applicable regulations
• Obtain necessary consents for data you process
• Notify us of any data breaches

10. Dispute Resolution

10.1 Governing Law:

• These TOS are governed by the laws of England and Wales
• UK courts have exclusive jurisdiction

10.2 Complaints:

• Refer to our Complaints Policy
• All complaints handled within 28 days
• Escalation procedures available

11. Miscellaneous

11.1 Entire Agreement:

• These TOS constitute the complete agreement
• Supersedes all prior communications and agreements

11.2 Amendments:

• We may update these TOS by publishing revised version
• Notice provided via email or account notification
• 30 days notice for material changes
• You may cancel if amendments unacceptable

11.3 Severability:

• If any provision is unenforceable, remainder stays in effect

11.4 No Waiver:

• Failure to enforce any provision does not waive our rights

11.5 Assignment:

• You may not assign this agreement
• We may assign to affiliated entities