Terms & Conditions

By using any of our services, copyrighted material or products you agree to our Terms & Conditions.

Interpretation

Unless otherwise stated, the following definitions apply to this document:
- "we", "us", and "our" are references to TurnKey I.T Solutions;
- "you", "your" and "customer" are references to the person paying for services from TurnKey I.T Solutions having entered into this agreement;
- "services" are web hosting, domain registration, reseller rights, outsourced support, email and other services or facility provided by us to you;
- "server" is the computer equipment operated by us in connection to the services provided;
- "order" means a request made by the customer to us for services to be supplied subject to these conditions;
- "charges" are the charges payable by the customer for the provision of services.
Include
The words "include" and "including" are to be construed without limitation.
Headings
The headings in this document are for convenience only and shall not affect the interpretation of these conditions.

General Terms

Our services may not be used for illegal purposes, or in support of illegal activities and including, but not limited to; harm to minors, use of our service to transmit any material that threatens, encourages bodily harm, harassment or destruction of property, Use of our service to make fraudulent offers, use of our service to transmit any unsolicited e-mail (SPAM), use of our service to access, or to attempt to access, the accounts of others, whether or not the intrusion results in the corruption or loss of data, use of our service to transmit any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, Intentional distributions of software or anything that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account and are all strictly forbidden and prohibited.

Payment & Billing

All payments to be received within 30 days after issue of invoice. If payment is not received within 30 days the website/service provided will be suspended. If payment is still not received 7 days after reminder statement issued your website/service provided will be terminated with the loss of all website data, backups and loss of the Domain name management and/or legal action may be taken.

We reserve the right to charge an "account re-activation fee" of £35. This fee is chargeable to accounts that become suspended and require re-activation.

We reserve the right to charge a fee for recovery of documents, or other information from a terminated account.

We reserve the right to cancel any account at any time.

We reserve the right to suspend any account at any time.

We do not accept responsibility for loss of any data due to overdue invoices, misuse of services, user error or due to unauthorised access of your account.

E-Mail

E-mail accounts are provided on all Web Hosting accounts; you are entitled to a maximum of 100 Email accounts unless otherwise stated. Creation & management of 10 Email accounts are free, after 10 accounts a cost of £5 per account will be added to your annual invoice.

We do not accept loss of any Email messages due to misuse of services or user error.

Maintenance, Updates and Upgrades

Should one of our servers require downtime due to maintenance, updates or upgrades we will notify you a minimum of 24 hours notice via E-mail.

Refunds

Customers are entitled to a full refund of web hosting services only, unless otherwise stated, within 30 days of the initial order being placed. This will be issued in the same method as originally used by the customer. Cases involving offline methods of payment will be refunded using a personal cheque or other online method. The 30 day money back guarantee does not apply and will not be issued if more than 50% of allocated data transfer or other service has already been used on the web hosting account or service provided. This money back guarantee does not apply to domain name registrations or if the account has breached these terms and conditions prior to cancellation.

Account cancellations

After the 30 day introduction period, accounts on a yearly payment schedule are entitled to a prorate refund taking only full months into account when calculating refund due and using the full monthly price for spent months. If cancellation of the account is caused by the customer breaching these terms and conditions no refund will be issued. No refunds are issued for domain registrations.

Resource Use

CPU & Memory

All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact the customer to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the server.

Data transfer and webspace allocations

Customers can request a package upgrade or temporary resource increase at the sole discretion of TurnKey I.T Solutions. It is the sole responsibility of the customer to contact us in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual un-suspension is required by us.

Backups

Backups are made by us each day on an incremental basis and each week on a full basis, however, no guarantee's are made of any kind as to the integrity of these backups. All customers are strongly advised to regularly download their own backups from their control panel where a zipped archive is provided daily of all account files and databases.

Violations

Accounts in violation of our Terms and Conditions will be suspended without prior notice. These accounts may be cancelled if the violation remains in effect and a refund will not be made.

TurnKey I.T Solutions will not be held responsible for Service Outages resulting from non TurnKey I.T Solutions error, Internet ISP failures, website congestion and hardware failure.

Domain Name(s)

TurnKey I.T Solutions will not be held responsible for delays in the registration or transfer of a domain due to InterNIC/Nominet.

Customer Responsibility

Contact Information

The customer is responsible for keeping their contact details up to date. If you wish to change your contact details, please contact us. We cannot be held responsible for communication mix-up’s as a direct result of the customers failure to update their details. Charges may apply.

Sensitive data

Customers are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the customer is required to request a change of login details by contacting us. Charges may apply.

Termination of Contract

TurnKey I.T Solutions reserves the right to cancel any account at any time.
Customers may terminate any agreement by giving 30 days written notice and payment of any outstanding invoices and/or statements. Business web hosting customers may only terminate accounts upon 30 days written notice. Should you wish to transfer your Domain name to another provider there is a charge of £50.00 non-refundable transfer fee. Should you require us to transfer your website files to another provider, there is a non-refundable transfer fee of £75.00 per account. Accounts will then be closed upon final confirmation by the customer. If accounts are not transferred or no confirmation received after 30 days, termination of account will be cancelled and any transfer fees paid will not be refunded.

Limitation of Liability & General Terms

We are not responsible for any claimed damages, which may result from our servers going offline, loss of business or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The customer agrees to indemnify and hold us and our employees harmless from any claims, damages, including but not limited to consequential damages resulting from the use of the service which damages the customer or any other party. We will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these terms may incur in criminal or civil liability. For clients with multiple accounts, we reserve the right to suspend all accounts should the main account owner violate these terms and conditions in a manner deemed by us to be extremely serious. We will be the sole arbiter as to what constitutes a violation of these terms and conditions. The failure by a customer to meet or follow any of the above terms and conditions is grounds for account suspension or termination. Abuse towards our Staff, Employee’s or share-holders or our network staff will not be tolerated. If you use foul language, threaten us, or do anything we find offensive, via verbal, written or electronic format, we may suspend and/or delete your account – Without notice. Per our payment policy we offer no refunds in this case.

We reserve the right to change, update or amend our Terms & Conditions without prior notice; you can request a copy of our updated Terms & Conditions on written request or visit our website at www.turnkeyit.co.uk

All customers are encouraged to check this document on a regular basis to ensure they are aware of any changes.

Last Updated: February 2008

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